Fox Rothschild LLP Yann Geron Nicole N. Santucci 100 Park Avenue, Suite 1500 New York, New York 10017 (212) 878-7900

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

FOX ROTHSCHILD LLP Yann Geron Nicole N.

Santucci 100 Park Avenue, Suite 1500 New York, New York 10017 (212) 878-7900 Attorneys for Yann Geron, Chapter 7 Trustee

Hearing Date: February 24, 2010 Hearing Time: 10:00 a.m.

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------x In re : : THELEN LLP, : : Debtor. : -----------------------------------------------------x

Chapter 7 Case No. 09-15631 (ALG)

NOTICE OF HEARING ON TRUSTEES MOTION FOR AN ORDER (i) PURSUANT TO 11 U.S.C. 327(a) AND 328, AUTHORIZING THE TRUSTEE TO RETAIN EDELMAN ARTS, INC. AS HIS ART APPRAISERS AND CONSULTANTS, AND (ii) PURSUANT TO 11 U.S.C. 105(a) AND 363 AND RULES 2002 AND 6004 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE, (a) AUTHORIZING THE TRUSTEE TO SELL THE DEBTORS ARTWORK FREE AND CLEAR OF ALL LIENS, CLAIMS AND ENCUMBRANCES, (b) ESTABLISHING SALE PROCEDURES AND AUTHORIZING TRUSTEE TO PAY AUCTION EXPENSES, AND (c) APPROVING FORM AND MANNER OF NOTICE TO COUNSEL TO CITIBANK, N.A., COUNSEL TO THE DEBTOR, ALL KNOWN CREDITORS AND PARTIES-IN-INTEREST, ALL PERSONS HAVING FILED NOTICES OF APPEARANCE, AND THE OFFICE OF THE UNITED STATES TRUSTEE: PLEASE TAKE NOTICE, that upon the application, dated January 26, 2010 (the Application), of Yann Geron (the Trustee), chapter 7 trustee of the estate of Thelen LLP (the Debtor), the above-captioned debtor, for an order (i) pursuant to 11 U.S.C. 327(a) and 328, authorizing the Trustees retention and employment of Edelman Arts, Inc. (Edelman), as his art appraisers and consultants herein, and (ii) pursuant to 11 U.S.C. 105(a) and 363, and Rules 2002 and 6004 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), (a)

NY1 449512v1 01/27/10

authorizing the Trustee to sell the Debtors artwork (collectively, the Assets) in as-is and where-is condition, at an online auction sale, to the bidders who have submitted the highest and best offers, free and clear of all liens, claims and encumbrances, (b) establishing sale procedures and authorizing Trustee to pay auction expenses, and (c) approving form and manner of notice, a hearing will be held on the 24th day of February, 2010 at 10:00 a.m., or as soon thereafter as counsel can be heard (the Hearing), before the Honorable Allan L. Gropper, United States Bankruptcy Judge, in his courtroom (#617) at the United States Bankruptcy Court, One Bowling Green, New York, New York 10004, to consider the relief sought by the Application. PLEASE TAKE FURTHER NOTICE, that an auction sale of the Assets (the Auction Sale) is anticipated to take place in the spring 2010. The Trustee proposes to sell the Assets via an online auction at Artnet.com. The initial Auction Sale will be a 14-day auction1. Any party who desires additional information regarding the Assets, the Auction Sale, or who is interested in making an offer to purchase the Assets, should contact the Trustees proposed art consultants at: Edelman Arts, Inc. Attn: Ashley Dillman 136 East 74th Street New York, NY 10021 Tel: (212) 472-7770 Fax: (212) 349-0105 Email: adillman@edelmansrts.com Additionally, interested parties are encourage to visit Artnet.com in advance of the Auction Sale to obtain relevant information relating to the Assets, the Auction Sale and bidding procedures.

To the extent that unsold artwork remains after the initial Auction Sale, the Trustee will exercise reasonable business judgment and determine if a subsequent auction is necessary.

NY1 449512v1 01/27/10

PLEASE TAKE FURTHER NOTICE that the Trustee has created an informational website concerning this case, where you may access the Application and exhibits, as well as other relevant information concerning this case, including important dates and deadlines. This website may be accessed at http://omnimgt.com/SBLite/ThelenLLP . A detailed listing of the Assets, including photographs (if available), will be posted on this website. PLEASE TAKE FURTHER NOTICE, that the Application and all exhibits have been filed electronically with the Clerk of the United States Bankruptcy Court for the Southern District of New York, and may be reviewed by all registered users of the Courts website at http://www.nysb.uscourts.gov. Copies of the Application and exhibits may be obtained by

telephonic or e-mail request to the undersigned counsel for the Trustee, Attn: Melissa Lugo, Legal Assistant (Tel: (212) 878-7910; e-mail: mlugo@foxrothschild.com). PLEASE TAKE FURTHER NOTICE that objections, if any, to the relief sought in the Application shall be made in writing, filed with the Court electronically in accordance with General Order M-242 by registered users of the Courts electronic case filing system and, by all other parties in interest, mailed to the Clerk of the United States Bankruptcy Court, One Bowling Green, New York, New York 10004, on a 3.5 inch floppy disk, preferably in Portable Document Format (PDF), Microsoft Word, WordPerfect, or any other Windows-based word processing format (with a hard copy delivered directly to the Chambers of the Honorable Allan L. Gropper, United States Bankruptcy Judge, United States Bankruptcy Court, One Bowling Green, New York, New York 10004), and served in accordance with General Order M-242 or other form upon (i) Fox Rothschild LLP, 100 Park Avenue, Suite 1500, New York, New York 10017, Attn: Yann Geron, Esq. and Nicole N. Santucci, Esq., and (ii) Office of the United States Trustee, 33

NY1 449512v1 01/27/10

Whitehall Street, 21st Floor, New York, New York 10004, Attn: Marylou Martin, Esq. so as to be actually received no later than seven days prior to the Hearing. Dated: New York, New York January 26, 2010 FOX ROTHSCHILD LLP Attorneys for Yann Geron, Chapter 7 Trustee

By: /s/ Yann Geron Yann Geron Nicole N. Santucci 100 Park Avenue, Suite 1500 New York, New York 10017 (212) 878-7900

NY1 449512v1 01/27/10

You might also like