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Below are selected documents from the bankruptcy adversary proceeding (Case No. 15-ap-00149) commenced on March 11, 2015, by the Debtors against BOKF, N.A., as successor Indenture Trustee for the 12.75% Second-Priority Senior Secured Notes due 2018, Wilmington Savings Fund Society, FSB, as successor indenture for the 10.000% Second-Priority Senior Secured Notes due 2018, MeehanCombs Global Credit Opportunities Master Fund, LP, Relative Value-Long/Short Debt Portfolio, a Series of Underlying Funds Trust, SB 4 CF LLC, CFIP Ultra Master Fund, Ltd., Trilogy Portfolio Company, LLC and Frederick Barton Danner. 

The adversary proceeding seeks to stay or enjoin certain litigation being prosecuted by the defendants as to Non-Debtor Affiliates pursuant to sections 105 and 362 of the Bankruptcy Code.     

An appeal to the U.S. District Court for the Northern District of Illinois was taken of the Bankruptcy Court’s July 22, 2015, memorandum opinion and order denying in part the Debtors’ motion to stay (Case No. 15-cv-06504).  Selected documents from the district court appeal are also included below.

An appeal to the United States Court of Appeals for the Seventh Circuit (Case No. 15-3259) was taken of the District Court’s October 6, 2015, memorandum opinion and order affirming the Bankruptcy Court’s July 22, 2015, memorandum opinion and order denying in part the Debtors’ motion to stay.  Selected documents from the Seventh Circuit appeal are also included below.

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August 2016

Order Denying Debtors Motion to Extend Section 105 Injunction, entered August 26, 2016

Mediator's Statement, filed August 16, 2016

June 2016

Corrected Order Granting Plaintiffs' Emergency Motion for TRO and Preliminary Injunction, entered June 15, 2016

February 2016

Order Granting in Part and Continuing in Part Debtors' Motion to Action Guaranty Actions Against CEC, entered Feb. 26, 2016

Order Granting in Part and Denying in Part Unsecured Notes Defendants' Motion to Take Judicial Notice, entered Feb. 17, 2016

Motion of WSFS and BOKF for Leave to File a Supplemental Post-Trial Brief, filed Feb. 17, 2016

WSFS and BOKF Request for Judicial Notice, filed Feb. 17, 2016

Notice of Non-Opposition of Second Lien Trustees WSFS and BOKF to Notice of Intent to Take Judicial, filed Feb. 17, 2016

Plantiff Debtors' Partial Objection to Unsecured Notes Defendants' Motion to Take Judicial Notice, filed Feb. 15, 2016

Unsecured Notes Defendants' Motion to Take Judicial Notice, filed Feb. 11, 2016

Debtors' Objection to Motion of BOKF and WSFS for Leave to File Supplemental Brief and Partial Objection to Request to Take Judicial Notice, filed Feb. 19, 2016

Notice of Intent to Take Judicial Notice of Certain Facts, filed Feb. 9, 2016

Notice of Issuance of Mandate, February 2, 2016

January 2016

Order Denying Petition for Panel Rehearing and for Rehearing En Banc, entered January 25, 2016

Petition for Rehearing En Banc or Panel Rehearing filed by Relative Value-Long Short Debt Fund and Trilogy Portfolio Company, January 11, 2016

December 2015

Joint Response to Motion for Expedited Issuance of the Mandate, filed December 29, 2015

Supplement to Joint Response to Motion for Expedited Issuance of the Mandate, filed December 29, 2015

CEOC's Motion for Expedited Issuance of the Mandate, filed December 28, 2015

Final Judgment, entered December 28, 2015

Seventh Circuit Opinion, entered December 23, 2015

November 2015

Joint Brief of Defendants-Appellees, filed November 18, 2015

October 2015

Notice of Oral Argument (Seventh Circuit Appeal), filed October 22, 2015

Order on Appellants' Motion to Expedite Seventh Circuit Appeal, entered October 21, 2015

Defendants-Appellees' Joint Objection to Motion to Expedite Appeal, filed October 21, 2015

Opening Seventh Circuit Brief of Plaintiffs-Appellants, filed October 19, 2015

Plaintiffs-Appellants' Motion to Expedite Appeal to the Seventh Circuit, filed Oct. 19, 2015

Debtors' Notice of Appeal to the Seventh Circuit Court of Appeals, filed October 9, 2015

Memorandum Opinion and Order Affirming Bankruptcy Court's Decision, filed October 6, 2015

September 2015

Reply Brief of Plaintiffs-Appellants, filed September 9, 2015

Joint Opening Brief of Appellees, filed September 2, 2015

August 2015

Opening Brief of Plaintiffs-Appellants, filed August 7, 2015

July 2015

MeehanCombs Defendants' Joinder and Objection to Debtors' Certification Motion, filed July 28, 2015

Objection of WSFS, BOKF, and Danner to Debtors' Certification Motion, filed July 28, 2015

Debtors' Motion for Certification of Direct Appeal, filed July 24, 2015

Debtors' Notice of Appeal, filed July 24, 2015

Order Denying in Part Debtors' Motion to Stay, entered July 22, 2015

Memorandum Opinion, entered July 22, 2015

Unsecured Notes Defendants' Response to Debtors' Request for Judicial Notice, filed July 8, 2015

June 2015

Unsecured Notes Defendants' Post-Trial Brief, filed June 26, 2015

Debtors' Post-Trial Brief, filed June 26, 2015

Joint Post-Trial Brief of WSFS and BOKF, filed June 26, 2015

Debtors' Request for Judicial Notice, filed June 26, 2015

May 2015

Debtors' Pretrial Brief in Support of Motion to Stay, filed May 29, 2015

Joint Pretrial Brief of WSFS and BOKF, filed May 29, 2015

Unsecured Notes Defendants' Pre-Trial Brief, filed May 29, 2015

April 2015

Answer and Affirmative Defenses of Defendants MeehanCombs Global Credit Opportunities Master Fund, LP, et al., filed April 10, 2015

March 2015

Preliminary Objection of Ad Hoc Group of 5.75 and 6.50 Percent Notes to Debtors' Motion to Stay, filed March 17, 2015

Debtors' Motion to Stay, or in the Alternative, for Injunctive Relief Enjoining Prosecution, filed March 11, 2015

Complaint for Declaratory and Injunctive Relief, filed March 11, 2015

Brown Declaration in Support of Debtors' Motion to Stay or in the Alternative for Injunctive Relief, filed March 11, 2015