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Case:12-24882-ABC Doc#:242 Filed:07/25/12

Entered:07/25/12 14:12:44 Page1 of 2

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) Case No. 12-24882 ABC CORDILLERA GOLF CLUB dba The ) Chapter 11 Club at Cordillera ) ) Debtor. ) ___________________________________________________________________________ MOTION FOR ENTRY OF AMENDED ORDER AUTHORIZING AND APPROVING THE APPOINTMENT OF RUST CONSULTING/OMNI BANKRUPTCY AS CLAIMS AND NOTICING AGENT ___________________________________________________________________________ CORDILLERA GOLF CLUB dba The Club at Cordillera (the Debtor), by and through its undersigned counsel, respectfully submits its Motion for Entry of Amended Order Authorizing and Approving the Appointment of Rust Consulting/Omni Bankruptcy as Claims and Noticing Agent, and in support thereof, state as follows: 1. The Debtor filed its initial Application for an Order Authorizing and Approving the Appointment of Rust Consulting/Omni Bankruptcy as Claims and Noticing Agent Pursuant to 28 U.S.C. 156(c), Section 105(a) of the Bankruptcy Code, and Local Rule 2002-1(f) (the Application) on June 26, 2012 (Docket No. 5). The Application and all attachments thereto are incorporated herein by this reference. 2. When the Application was filed, this case was pending in the United States Bankruptcy Court for the District of Delaware. The Application was filed in compliance with the Local Rules of the Delaware bankruptcy court. The Delaware bankruptcy court entered an order granting the Application on June 27, 2012 (Docket No. 47). 3. At the status conference conducted in this case on June 20, 2012, upon the transfer of the case to the United States Bankruptcy Court for the District of Colorado, the Court ordered the Debtor to tender a proposed amended order containing terms for the employment of a claims and noticing agent that satisfy the requirements of the Clerk of the Colorado bankruptcy court. A proposed amended order is filed herewith. WHEREFORE, the Debtor respectfully seeks entry of an order, in the form attached hereto, amending the order entered at Docket No. 47.

Case:12-24882-ABC Doc#:242 Filed:07/25/12

Entered:07/25/12 14:12:44 Page2 of 2

Dated: July 25, 2012

FOLEY & LARDNER LLP Christopher Celentino (CA No. 131688) Mikel Bistrow (CA No. 102978) Dawn A. Messick (CA No. 236941) 402 West Broadway, Suite 2100 San Diego, California 92101 Telephone: 619-234-6655 Facsimile: 619-234-3510 Email: ccelentino@foley.com Email: mbistrow@foley.com Proposed Counsel for Debtor and Debtor in Possession -andSENDER & WASSERMAN, P.C. /s/ David V. Wadsworth ___________________________________ Harvey Sender, #7546 David V. Wadsworth, #32066 1660 Lincoln Street, Suite 2200 Denver, CO 80264 Telephone: 303-296-1999 Facsimile: 303-296-7600 Email: hsender@sendwass.com Email: dvw@sendwass.com Proposed Counsel for Debtor and Debtor in Possession

Case:12-24882-ABC Doc#:242-1 Filed:07/25/12

Entered:07/25/12 14:12:44 Page1 of 2

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) Case No. 12-24882 ABC CORDILLERA GOLF CLUB dba The ) Chapter 11 Club at Cordillera ) ) Debtor. ) ___________________________________________________________________________ AMENDED ORDER GRANTING APPLICATION FOR AN ORDER AUTHORIZING AND APPROVING THE APPOINTMENT OF RUST CONSULTING/OMNI BANKRUPTCY AS CLAIMS AND NOTICING AGENT ___________________________________________________________________________ THIS MATTER having come before the Court on Cordillera Golf Club dba The Club at Cordilleras (the Debtor) Motion for Entry of Amended Order Authorizing and Approving the Appointment of Rust Consulting/Omni Bankruptcy (Agent) as Claims and Noticing Agent, the Court having examined the motion, the original application filed June 26, 2012, the Engagement Agreement and Declaration of Paul H. Deutch attached to original application, the Order entered by the Delaware bankruptcy court at Docket No. 47 approving the initial application (the Order) and being otherwise fully advised in the premises, hereby FINDS that entry of an amended order is necessary as a result of the change of venue to ensure the Agents compliance with procedures required by the Clerk of the United States Bankruptcy Court for the District of Colorado. The Court hereby ORDERS that the Motion for Entry of Amended Order Authorizing and Approving the Appointment of Rust Consulting/Omni Bankruptcy as Claims and Noticing Agent is GRANTED. The Order entered at Docket No. 47 remains in full force and effect, subject to the following clarifications: 1. The requirements of Local Rule 5005-4 and Local Rule 5005-4App with respect to Agents employment in the above-captioned case is waived and Agent shall be granted ECF filing access to electronically file certificates of service, copies of registries, matrices, and other documents with the Court. 2. Agent shall monitor the Courts electronic claims registry to ensure that all claims filed in error with the Court are properly recorded on the official registry maintained by the Agent. 3. Agent shall docket all paper claims erroneously filed with the Court and pay the cost of any mailing or shipping of those claims to Agent. 4. Agent shall file certificates of service evidencing service of transfers filed without a waiver of notice to the proper parties.

Case:12-24882-ABC Doc#:242-1 Filed:07/25/12

Entered:07/25/12 14:12:44 Page2 of 2

5. On the first and fifteenth days of each month, Agent shall file up-to-date mailing lists for all entities that have filed a proof of claim, proof of interest, transfer of interest or notice of appearance. 6. As a condition of being paid final fees and costs, Agent shall transmit to the Clerks office all claims in an electronic format on compact discs, and the claims must be scanned at 300 dpi, grouped together by case, in numeric order, and saved with no more than 250 pages per case grouping of claims. The Debtor and Agent are hereby authorized and empowered to take such steps and perform such acts as may be necessary to implement and effectuate the terms of the Order as amended herein. This Court retains jurisdiction to hear and determine all matters arising from or related to the implementation or interpretation of this Order as amended herein. DATED this day of _______________, 2012.

BY THE COURT:

__________________________ U.S. BANKRUPTCY JUDGE