united states bankruptcy court southern [email protected]; [email protected];...

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

IN RE: : : Case No. 16-07207-JMB-7A ITT EDUCATIONAL SERVICES, INC., : : Jointly Administered Debtor. :

AMENDED NOTICE OF MOTION AND OPPORTUNITY TO OBJECT PLEASE TAKE NOTICE that on October 13, 2016, CRI Mill Run Limited (the “Landlord”), a landlord of Debtor ITT Educational Services, Inc. (the “Debtor”), by counsel, filed its MOTION OF CRI MILL RUN LIMITED FOR AN ENTRY OF AN ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY PURSUANT TO 11 U.S.C. § 362(d)(1) AND (2) (the “Motion”) [Doc 357] with respect to its lease with the Debtor for real property used for instructional purposes located in Columbus, Ohio. A Copy of the Motion may be reviewed at the office of the Clerk of the Bankruptcy Court or by contacting the undersigned. Your rights may be affected. Parties in interest in the above-captioned case have until November 9, 2016 at 4:00 p.m. EST, to file an objection to the Motion in accordance with Local Rule S.D.Ind. B-9013-1. Objections must be in writing and filed with the Bankruptcy Court at http://ecf.insb.uscourts.gov (user account and password required) or, if not permitted to file electronically, with the Clerk’s Office, 46 East Ohio Street, Room 116, Indianapolis, Indiana 46204. Any objection filed must be served on the attorney for the parties at the following address: Donald D. Levenhagen LANDMAN BEATTY, LAWYERS, LLP 9100 Keystone Crossing, Suite 870 P.O. Box 40960 Indianapolis, IN 46244-0953 (317) 236-1040 (317) 236-1049 FAX Email: [email protected]

NOTICE IS GIVEN pursuant to Bankruptcy Rule 6006(c) and the Notice, Case Management and Administrative Procedures (the “Procedures”) approved by this Court on October 4, 2016 [Doc 220], that this Motion is scheduled for hearing on November 16, 2016, at 1:30 p.m. EST (“Hearing Date”) at the United States Bankruptcy Court, Room 325, 46 East Ohio Street, Indianapolis, Indiana 46204.

If no objection is timely filed, an order may be entered by the Court for the relief requested without further notice or holding the scheduled hearing.

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Pursuant to the Notice, Case Management and Administrative Procedures (the “Procedures”) approved by this Court on October 4, 2016 [Doc 220], the undersigned will serve a copy of this Notice of Motion and Opportunity to Object on the following (as defined in the Procedures): (a) the Core Group, (b) the Request for Notice List; and (c) the Appearance List. Respectfully submitted,

LANDMAN BEATTY, LAWYERS, LLP

By /s/ Donald D. Levenhagen Donald D. Levenhagen (#10327-49)

Attorneys for Creditor CRI Mill Run Limited

CERTIFICATE OF SERVICE

I hereby certify that on the 13th day of October, a copy of the foregoing Appearance was filed electronically. Service of this filing will be made on all ECF-registered counsel by operation of the Court’s Electronic Case Filing System (ECF) or by U.S. Mail, first class postage prepaid. Parties may access this filing through the Court’s ECF System. Robert N Amkraut on behalf of Creditor Boeing Employees Credit Union [email protected] Scott S. Anders on behalf of Creditors Cascade Station 1, LLC and Cascade Station 2, LLC [email protected]; [email protected] Kay Dee Baird on behalf of Creditor Providence Melrose Vista, LLC [email protected]; [email protected]; [email protected] Michael I. Baird on behalf of Creditor Pension Benefit Guaranty Corporation [email protected]; [email protected] William J. Barrett on behalf of Creditor Boyd Orange GSA, LLC [email protected]; [email protected] Ashley Flynn Bartram on behalf of Other Professional The Texas Higher Education Coordinating Board [email protected]; [email protected] Richard James Bernard on behalf of Creditor Student CU Connect CUSO, LLC [email protected] Joan Ligocki Blackwell on behalf of Creditor Ricoh USA, Inc. [email protected]


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Kayla D. Britton on behalf of Debtors Daniel Webster College, Inc., ESI Service Corp., and ITT Educational Services, Inc., Member Debtors Daniel Webster College, Inc. and ESI Service Corp., and Trustee Deborah J. Caruso [email protected]; [email protected]; [email protected] James E. Carlberg on behalf of Creditor Gessner 2014 LP [email protected]; [email protected]; [email protected] Deborah Caruso on behalf of Trustee and Plaintiff Deborah Caruso [email protected], [email protected]; [email protected]; [email protected] Joshua W. Casselman on behalf of Trustee Deborah J. Caruso [email protected]; [email protected] Sonia A. Chae on behalf of United States Securities & Exchange Commission [email protected] John Andrew Chanin on behalf of Creditor The Forum Three, LLC [email protected] Michael Edward Collins on behalf of Creditors Insurance Company of North America, Pacific Employers Insurance Company, and Westchester Fire Insurance Company [email protected] Lawrence D. Coppel on behalf of Creditor FRP Hillside LLC#4 [email protected] Heather M. Crockett on behalf of Creditor State of Indiana [email protected]; [email protected] David H DeCelles on behalf of Creditor United States of America [email protected] Dustin R. DeNeal on behalf of Debtors Daniel Webster College, Inc., ESI Service Corp., and ITT Educational Services, Inc., Member Debtors Daniel Webster College, Inc. and ESI Service Corp., and Trustee Deborah J. Caruso [email protected]; [email protected]; [email protected] Laura A DuVall on behalf of U.S. Trustee [email protected]; [email protected] Abby Engen on behalf of Creditor State of New Mexico Office of the Attorney General [email protected] Charles Anthony Ercole on behalf of Creditors Dennis Artis, Donna A. Lindsay and Patricia Marshall [email protected]; [email protected]


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Andrew W Ferich on behalf of Creditor Christin M. Long [email protected] Patrick F.X. Fitzpatrick on behalf of Creditor STG Realty Ventures, LLC [email protected]: [email protected]; [email protected]; [email protected]; [email protected] Lydia Eve French on behalf of Creditor Commonwealth of Massachusetts [email protected] John Andrew Goodridge on behalf of Creditor Todd Lehman [email protected]; [email protected]; [email protected] Julian Ari Hammond on behalf of Creditor Sean Miner [email protected]; [email protected] Adam Craig Harris on behalf of Creditor Cerberus Business Finance, LLC [email protected] Rocio Herrera on behalf of Creditor LSREF4 Dual, LLC [email protected]; [email protected] Michael W. Hile on behalf of Creditor Christin M. Long [email protected]; [email protected] John C. Hoard on behalf of Plaintiff and Trustee Deborah Caruso [email protected]; [email protected]; [email protected] Jeffrey A Hokanson on behalf of Creditors Insurance Company of North America, Pacific Employers Insurance Company, RREF II Walnut Creek, LLC, and Westchester Fire Insurance Company [email protected]; [email protected]; [email protected] Jeffrey L Hunter on behalf of Creditor United States of America, Departments of Defense, Education, and Veterans A [email protected], [email protected]; [email protected]; [email protected] James C Jacobsen on behalf of Creditor State of New Mexico Office of the Attorney General [email protected]; [email protected] Christine K. Jacobson on behalf of Creditor Christin M. Long [email protected], [email protected]; [email protected] Jay Jaffe on behalf of Debtors Daniel Webster College, Inc., ESI Service Corp., and ITT Educational Services, Inc., Member Debtors Daniel Webster College, Inc. and ESI Service Corp., and Trustee Deborah J. Caruso [email protected]; [email protected]


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Benjamin F Johns on behalf of Creditor Christin M. Long [email protected]; [email protected] Anthony R. Jost on behalf of Creditors and Plaintiffs Allen Federman, Joanna Castro, and Steve Ryan [email protected]; [email protected] Stephanie A Kanan on behalf of Creditor The Forum Three, LLC [email protected] Timothy Q. Karcher on behalf of Plaintiff and Trustee Deborah Caruso [email protected] Taejin Kim on behalf of Creditor Cerberus Business Finance, LLC [email protected] Edward M King on behalf of Creditors Insurance Company of North America, Pacific Employers Insurance Company, and Westchester Fire Insurance Company [email protected], [email protected]: [email protected]. Lawrence Joel Kotler on behalf of Creditor Ricoh USA, Inc. [email protected] Jerrold Scott Kulback on behalf of Creditor Greentree II, LLC [email protected] David S Lefere on behalf of Creditor B&B Mechanical Services LLC [email protected]; [email protected] Donald D Levenhagen on behalf of Creditor CRI Mill Run Limited [email protected] Melinda Hoover MacAnally on behalf of Creditor State of Indiana [email protected]; [email protected] Jeff J. Marwil on behalf of Plaintiff and Trustee Deborah Caruso [email protected]; [email protected]; [email protected]; [email protected] Patrick Francis Mastrian, III on behalf of Other Professional Allison Hopkins [email protected] Michael K. McCrory on behalf of Creditors Pearson Education, Inc. and Ricoh USA, Inc. [email protected], [email protected] Robert W. Miller on behalf of Creditor Westchester Fire Insurance Company [email protected]


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James P Moloy on behalf of Creditor Gessner 2014 LP [email protected]; [email protected]; [email protected] Ronald J. Moore on behalf of U.S. Trustee U.S. Trustee [email protected] Hal F Morris on behalf of Other Professional The Texas Higher Education Coordinating Board [email protected] Kevin Alonzo Morrissey on behalf of Plaintiffs Dennis Artis, Donna A. Lindsay, and Patricia Marshall [email protected]; [email protected]; [email protected]; [email protected] Whitney L Mosby on behalf of Creditor Cerberus Business Finance, LLC [email protected]; [email protected] C. Daniel Motsinger on behalf of Creditor Providence Melrose Vista, LLC [email protected]; [email protected]; [email protected] Lee Duck Moylan on behalf of Creditors Dennis Artis, Donna A. Lindsay, and Patricia Marshall [email protected]; [email protected] Alissa M. Nann on behalf of Creditor Student CU Connect CUSO, LLC [email protected] Jack A Raisner on behalf of Creditors and Plaintiffs Allen Federman, Joanna Castro, and Steve Ryan [email protected] Jonathan Hjalmer Reischl on behalf of Creditor and Defendant Consumer Financial Protection Bureau [email protected] James E Rossow, Jr. on behalf of Plaintiff and Trustee Deborah Caruso [email protected], [email protected]; [email protected]; [email protected] Rene Sara Roupinian on behalf of Creditors and Plaintiffs Allen Federman, Joanna Castro, and Steve Ryan [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Craig Damon Rust on behalf of Creditor California Department of Consumer Affairs [email protected]; [email protected] Joseph Michael Sanders on behalf of Creditor Illinois Attorney General's Office [email protected]


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Thomas C Scherer on behalf of Creditor Cerberus Business Finance, LLC [email protected]; [email protected] Courtney Michelle Scott on behalf of Creditor Indiana Department of Revenue [email protected] Lauren C. Sorrell on behalf of Creditor Providence Melrose Vista, LLC [email protected] Jonathan David Sundheimer on behalf of Creditors Pearson Education, Inc. and Ricoh USA, Inc. [email protected] Meredith R. Theisen on behalf of Plaintiff and Trustee Deborah Caruso [email protected]; [email protected]; [email protected] Jessica L Titler on behalf of Creditor Christin M. Long [email protected] Ronald M. Tucker on behalf of Creditor Simon Property Group, Inc. [email protected]; [email protected]; [email protected] U.S. Trustee [email protected] Sally E Veghte on behalf of Creditors Dennis Artis, Donna A. Lindsay and Patricia Marshall [email protected]; [email protected] Amy L. VonDielingen on behalf of Creditor CNO Financial Group, Inc. [email protected] Michael Benton Willey on behalf of Creditor TN Dept of Revenue [email protected] James T Young on behalf of Trustee Deborah J. Caruso [email protected], [email protected]; [email protected] Eboney Cobb on behalf of Creditor Arlington ISD Richardson ISD Perdue Brandon Fielder Collins Mott LLP 500 E Border Street Suite 640 Arlington, TX 76010 Alan M Grochal on behalf of Creditor CEC Red Run LLC 100 East Pratt Street 26th Floor Baltimore, MD 21202


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Paul Weiser Esq. on behalf of Creditor SWRE Deal V Building LLC Bachalter Nemer 16435 North Scottsdale Road, Suite 440 Scottsdale, AZ 85254-1754 Elizabeth Weller on behalf of Creditor Tarrant County Linebarger Goggan Blair & Sampson, LLP 2777 N. Stemmons Freeway Suite 1000 Dallas, TX 75207

/s/ Donald D. Levenhagen Donald D. Levenhagen

LANDMAN BEATTY, LAWYERS, LLP 9100 Keystone Crossing, Suite 870 P.O. Box 40960 Indianapolis, IN 46244-0953 (317) 236-1040 (317) 236-1049 FAX Email: [email protected] Attorneys for Creditor CRI Mill Run Limited


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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

IN RE: : : Case No. 16-07207-JMB-7A ITT EDUCATIONAL SERVICES, INC., : : Jointly Administered Debtor. :

MOTION OF CRI MILL RUN LIMITED FOR AN ENTRY OF AN ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY

PURSUANT TO 11 U.S.C. § 362(d)(1) AND (2) CRI Mill Run Limited (the “Landlord”), by and through its undersigned counsel, hereby

moves the Court (the “Motion”) pursuant to § 362(d) of the Bankruptcy Code, for relief from the

automatic stay so that the Landlord may terminate the subject lease and take possession of the

leased premises. In support of this Motion, the Landlord respectfully states as follows:

JURISDICTION

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334.

2. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (G).

3. Venue in this Court is proper pursuant to 28 U.S.C. §§ 1408 and 1409.

4. The statutory predicates for the relief sought in this Motion are §§ 105, 362, 365,

503 and 507 of the Bankruptcy Code.

BACKGROUND

5. On September 16, 2016 (the “Petition Date”), the Debtor, along with certain of its

affiliates and subsidiaries, filed voluntary petitions for relief under Chapter 7 of the Bankruptcy

Code in the United States Bankruptcy Court for the Southern District of Indiana.

Case 16-07207-JMC-7A Doc 366-1 Filed 10/13/16 EOD 10/13/16 15:24:24 Pg 1 of 13

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6. Also on September 16, 2016, the Office of the United States Trustee appointed

Deborah J. Caruso as the Chapter 7 Trustee (the “Trustee”) of the Debtor’s estate.

7. The Landlord is the owner of that certain commercial real property located at

3781 Park Mill Run, Suite 1, Hilliard, Ohio 43026, at which the Debtor leases space (the “Leased

Premises”) under the terms of that certain Net Commercial Lease dated December 2, 2002 (as

the same may have been amended from time to time, the “Lease”). A true and correct copy of

the Lease and all Amendments thereto are annexed hereto as Exhibit “A” and incorporated

herein by reference in their entirety.

8. The term of the Lease commenced June 2, 2003, and ends on June 1, 2018, Ex. A

(Lease).

9. Pursuant to the terms of the Lease, the Debtor agreed and is therefore required to

make monthly rent payments to the Landlord by the first day of each month (the “Rent”). Ex. A

(Lease), § 2.01. At all times relevant hereto, the Rent was $40,434.66. Ex. A (Lease)

Amendment, § 2.

10. From the inception of the Lease, the Debtor enjoyed the uninterrupted use and

occupancy of the Leased Premises.

11. On September 6, 2016, the Debtor announced in a press release that it was

“discontinuing [its] academic operations at all of its [locations] permanently.”

12. As of the date hereof, the Trustee has neither assumed nor rejected the Lease and

the Debtor remains in possession of the Leased Premises.


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13. Notwithstanding the Debtor’s exclusive use and occupancy of the Leased

Premises as provided under the Lease, the Debtor has failed to timely perform all of the

obligations arising under the Lease from and after the Petition Date, including, but not limited to,

the failure to pay the following:

a. Prorated rent for the period of September 16, 2016 to September 30, 2016 (“Stub Rent”), in the amount of $20,217.30; and

b. Rent for October of 2016 (“Post-Petition Rent”) in the amount of

$40,434.66. The foregoing unpaid post-petition Lease obligations total not less than $60,651.96. 14. As the Trustee has failed to satisfy the unpaid post-petition Lease obligations to

Landlord, the Trustee is in default of its obligations under the terms of the Lease and is in

violation of its obligations under § 365(d)(3) of the Bankruptcy Code.

15. Landlord is in contract for sale of the Leased Premises. The closing of that sale

has been postponed because of the filing of this bankruptcy proceeding. Landlord believes that

in a decision on the matter of whether the Lease will be assumed or rejected has put the contract

in jeopardy.

RELIEF REQUESTED

16. The Landlord seeks relief from the automatic stay to take possession of the

Leased Premises by all lawful means, including, but not limited to, state court process.

17. Landlord further asks that any relief from stay granted upon this Motion take

effect immediately notwithstanding Rule 4001(a)(3) of the Rules of Bankruptcy Procedure.


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BASIS FOR THE RELIEF REQUESTED

This Court Should Grant the Landlord Relief From the Automatic Stay

18. Section 362(d) of the Bankruptcy Code provides for circumstances in which the

Court may terminate, annul, modify or condition the automatic stay imposed upon the filing of a

petition for relief under Chapter 7, including for cause shown. That section provides in pertinent

part:

On request of a party in interest and after notice and a hearing, the court shall grant relief from stay provided under subsection (a) of this section, such as by terminating, annulling, modifying, or conditioning such stay – (1) for cause, including the lack of adequate protection of an interest in property of such party in interest; … . (2) with respect to a stay of an act against property under subsection (a) of this section, if – (A) the debtor does not have an equity in such property; and (B) such property is not necessary to an effective reorganization; … 11 U.S.C. § 362(d).

A. “For Cause” Relief.

19. As is more fully set forth in Landlord’s companion Motion to Compel Payment of

Post-Petition Rent, Landlord is entitled to receive its rent in a timely fashion under the

Bankruptcy Code. See, 11 U.S.C. § 365(d)(3). Thus, the mere failure to pay rent is in itself

cause for relief from stay.

20. Moreover, as set forth above, the Bankruptcy Code specifically cites lack of

adequate assurance of future performance as a basis for relief from stay.


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21. The Trustee has indicated in its Motion for Use of Cash Collateral, [Doc. 143]

(“Cash Collateral Motion”), that as of September 28, 2016, it had only $520,522.05 on hand in

cash. See, Cash Collateral Motion para. 16. Mill Run understands that the total rent obligation

of all leased premises in the estate was over $3,000,000.00 per month.

22. Trustee seems to believe that there is substantial equity in the real property which

is a part of this estate. However, no schedules have been filed and there has been no showing of

value of real property to establish that there will ever be sufficient funds in the estate to pay all

the rent obligations of leased property along with other potential administrative costs. Thus, no

real assurances of future performance have been given.

23. It is noteworthy that the party opposing relief from stay has the burden of showing

adequate assurance of future performance. In re Boomgarden, 780 F.2d 657, 663 (7th Cir. 1985).

See 11 U.S.C. § 362(d).

24. In any case, it has been more generally held that the Bankruptcy Court may grant

relief from the automatic stay for cause on a case-by-case basis, considering the equities of the

situation. The Court may rely on the following three-pronged test: (1) whether any great

prejudice to either the bankruptcy estate or the debtor will result from the continuation of the

civil suit; (2) whether the hardship to the creditor by maintenance of the stay considerably

outweighs the hardship of the debtor; and (3) whether the creditor has a probability of prevailing

on the merits. In re Fermstrom Storage & Van Co., 938 F.2d 731, 735 (7th Cir. 1991); In re Fed.

Press Co., 117 B.R. 942, 948 (Bankr. N.D. Ind. 1989).

25. Here, all three factors weigh in favor of say relief. First, there is no prejudice to

the Debtor in allowing the Landlord to immediately terminate the Lease and repossess the

Leased Premises as the Debtor has ceased its academic operations and therefore has not need for


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the Leased Premises. Second, the hardship to the Landlord greatly outweighs any hardship to the

Debtor as the lost rent and the inability to re-rent the Leased Premises may cause the Landlord to

lose a contract for the sale of that real property.1 Third, the Landlord has a probability of

prevailing on the merits as its rights under the Lease and applicable law are clear.

B. No Equity In Lease.

26. Under the second test of Section 362(d) of the Bankruptcy Code, relief must be

granted if there is no equity in the property and the property is not necessary for effective

reorganization.

27. In this case the rent provided in the Lease is at or above the market rate, it cannot

be sold for a profit. There is no value in the Lease to the estate.

28. Moreover, since this is a Chapter 7 proceeding, there can be no reorganization.

WHEREFORE, the Landlord respectfully requests the entry of an Order (a) granting it

relief from the automatic stay to take possession of the Leased Premises by all lawful means,

including, but not limited to state court process, (b) ordering that the relief from automatic stay

take effect immediately, and (c) granting such other and further relief as the Court deems just

and proper.

Respectfully submitted,

LANDMAN BEATTY, LAWYERS, LLP

By /s/ Donald D. Levenhagen Donald D. Levenhagen (#10327-49)

Attorneys for Creditor CRI Mill Run Limited

1 The present situation places the property in the worst possible situation. Rent is not

being paid and Landlord cannot re-rent the space.


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CERTIFICATE OF SERVICE

I hereby certify that on the 13th day of October, a copy of the foregoing Appearance was filed electronically. Service of this filing will be made on all ECF-registered counsel by operation of the Court’s Electronic Case Filing System (ECF) or by U.S. Mail, first class postage prepaid. Parties may access this filing through the Court’s ECF System. Robert N Amkraut on behalf of Creditor Boeing Employees Credit Union [email protected] Scott S. Anders on behalf of Creditors Cascade Station 1, LLC and Cascade Station 2, LLC [email protected]; [email protected] Kay Dee Baird on behalf of Creditor Providence Melrose Vista, LLC [email protected]; [email protected]; [email protected] Michael I. Baird on behalf of Creditor Pension Benefit Guaranty Corporation [email protected]; [email protected] William J. Barrett on behalf of Creditor Boyd Orange GSA, LLC [email protected]; [email protected] Ashley Flynn Bartram on behalf of Other Professional The Texas Higher Education Coordinating Board [email protected]; [email protected] Richard James Bernard on behalf of Creditor Student CU Connect CUSO, LLC [email protected] Joan Ligocki Blackwell on behalf of Creditor Ricoh USA, Inc. [email protected] Kayla D. Britton on behalf of Debtors Daniel Webster College, Inc., ESI Service Corp., and ITT Educational Services, Inc., Member Debtors Daniel Webster College, Inc. and ESI Service Corp., and Trustee Deborah J. Caruso [email protected]; [email protected]; [email protected] James E. Carlberg on behalf of Creditor Gessner 2014 LP [email protected]; [email protected]; [email protected] Deborah Caruso on behalf of Trustee and Plaintiff Deborah Caruso [email protected], [email protected]; [email protected]; [email protected] Joshua W. Casselman on behalf of Trustee Deborah J. Caruso [email protected]; [email protected]


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Sonia A. Chae on behalf of United States Securities & Exchange Commission [email protected] John Andrew Chanin on behalf of Creditor The Forum Three, LLC [email protected] Michael Edward Collins on behalf of Creditors Insurance Company of North America, Pacific Employers Insurance Company, and Westchester Fire Insurance Company [email protected] Lawrence D. Coppel on behalf of Creditor FRP Hillside LLC#4 [email protected] Heather M. Crockett on behalf of Creditor State of Indiana [email protected]; [email protected] David H DeCelles on behalf of Creditor United States of America [email protected] Dustin R. DeNeal on behalf of Debtors Daniel Webster College, Inc., ESI Service Corp., and ITT Educational Services, Inc., Member Debtors Daniel Webster College, Inc. and ESI Service Corp., and Trustee Deborah J. Caruso [email protected]; [email protected]; [email protected] Laura A DuVall on behalf of U.S. Trustee [email protected]; [email protected] Abby Engen on behalf of Creditor State of New Mexico Office of the Attorney General [email protected] Charles Anthony Ercole on behalf of Creditors Dennis Artis, Donna A. Lindsay and Patricia Marshall [email protected]; [email protected] Andrew W Ferich on behalf of Creditor Christin M. Long [email protected] Patrick F.X. Fitzpatrick on behalf of Creditor STG Realty Ventures, LLC [email protected]: [email protected]; [email protected]; [email protected]; [email protected] Lydia Eve French on behalf of Creditor Commonwealth of Massachusetts [email protected] John Andrew Goodridge on behalf of Creditor Todd Lehman [email protected]; [email protected]; [email protected]


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Julian Ari Hammond on behalf of Creditor Sean Miner [email protected]; [email protected] Adam Craig Harris on behalf of Creditor Cerberus Business Finance, LLC [email protected] Rocio Herrera on behalf of Creditor LSREF4 Dual, LLC [email protected]; [email protected] Michael W. Hile on behalf of Creditor Christin M. Long [email protected]; [email protected] John C. Hoard on behalf of Plaintiff and Trustee Deborah Caruso [email protected]; [email protected]; [email protected] Jeffrey A Hokanson on behalf of Creditors Insurance Company of North America, Pacific Employers Insurance Company, RREF II Walnut Creek, LLC, and Westchester Fire Insurance Company [email protected]; [email protected]; [email protected] Jeffrey L Hunter on behalf of Creditor United States of America, Departments of Defense, Education, and Veterans A [email protected], [email protected]; [email protected]; [email protected] James C Jacobsen on behalf of Creditor State of New Mexico Office of the Attorney General [email protected]; [email protected] Christine K. Jacobson on behalf of Creditor Christin M. Long [email protected], [email protected]; [email protected] Jay Jaffe on behalf of Debtors Daniel Webster College, Inc., ESI Service Corp., and ITT Educational Services, Inc., Member Debtors Daniel Webster College, Inc. and ESI Service Corp., and Trustee Deborah J. Caruso [email protected]; [email protected] Benjamin F Johns on behalf of Creditor Christin M. Long [email protected]; [email protected] Anthony R. Jost on behalf of Creditors and Plaintiffs Allen Federman, Joanna Castro, and Steve Ryan [email protected]; [email protected] Stephanie A Kanan on behalf of Creditor The Forum Three, LLC [email protected]


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Timothy Q. Karcher on behalf of Plaintiff and Trustee Deborah Caruso [email protected] Taejin Kim on behalf of Creditor Cerberus Business Finance, LLC [email protected] Edward M King on behalf of Creditors Insurance Company of North America, Pacific Employers Insurance Company, and Westchester Fire Insurance Company [email protected], [email protected]: [email protected]. Lawrence Joel Kotler on behalf of Creditor Ricoh USA, Inc. [email protected] Jerrold Scott Kulback on behalf of Creditor Greentree II, LLC [email protected] David S Lefere on behalf of Creditor B&B Mechanical Services LLC [email protected]; [email protected] Donald D Levenhagen on behalf of Creditor CRI Mill Run Limited [email protected] Melinda Hoover MacAnally on behalf of Creditor State of Indiana [email protected]; [email protected] Jeff J. Marwil on behalf of Plaintiff and Trustee Deborah Caruso [email protected]; [email protected]; [email protected]; [email protected] Patrick Francis Mastrian, III on behalf of Other Professional Allison Hopkins [email protected] Michael K. McCrory on behalf of Creditors Pearson Education, Inc. and Ricoh USA, Inc. [email protected], [email protected] Robert W. Miller on behalf of Creditor Westchester Fire Insurance Company [email protected] James P Moloy on behalf of Creditor Gessner 2014 LP [email protected]; [email protected]; [email protected] Ronald J. Moore on behalf of U.S. Trustee U.S. Trustee [email protected] Hal F Morris on behalf of Other Professional The Texas Higher Education Coordinating Board [email protected]


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Kevin Alonzo Morrissey on behalf of Plaintiffs Dennis Artis, Donna A. Lindsay, and Patricia Marshall [email protected]; [email protected]; [email protected]; [email protected] Whitney L Mosby on behalf of Creditor Cerberus Business Finance, LLC [email protected]; [email protected] C Daniel Motsinger on behalf of Creditor Providence Melrose Vista, LLC [email protected]; [email protected]; [email protected] Lee Duck Moylan on behalf of Creditors Dennis Artis, Donna A. Lindsay, and Patricia Marshall [email protected]; [email protected] Alissa M. Nann on behalf of Creditor Student CU Connect CUSO, LLC [email protected] Jack A Raisner on behalf of Creditors and Plaintiffs Allen Federman, Joanna Castro, and Steve Ryan [email protected] Jonathan Hjalmer Reischl on behalf of Creditor and Defendant Consumer Financial Protection Bureau [email protected] James E Rossow, Jr. on behalf of Plaintiff and Trustee Deborah Caruso [email protected], [email protected]; [email protected]; [email protected] Rene Sara Roupinian on behalf of Creditors and Plaintiffs Allen Federman, Joanna Castro, and Steve Ryan [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Craig Damon Rust on behalf of Creditor California Department of Consumer Affairs [email protected]; [email protected] Joseph Michael Sanders on behalf of Creditor Illinois Attorney General's Office [email protected] Thomas C Scherer on behalf of Creditor Cerberus Business Finance, LLC [email protected]; [email protected] Courtney Michelle Scott on behalf of Creditor Indiana Department of Revenue [email protected]


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Lauren C. Sorrell on behalf of Creditor Providence Melrose Vista, LLC [email protected] Jonathan David Sundheimer on behalf of Creditors Pearson Education, Inc. and Ricoh USA, Inc. [email protected] Meredith R. Theisen on behalf of Plaintiff and Trustee Deborah Caruso [email protected]; [email protected]; [email protected] Jessica L Titler on behalf of Creditor Christin M. Long [email protected] Ronald M. Tucker on behalf of Creditor Simon Property Group, Inc. [email protected]; [email protected]; [email protected] U.S. Trustee [email protected] Sally E Veghte on behalf of Creditors Dennis Artis, Donna A. Lindsay and Patricia Marshall [email protected]; [email protected] Amy L. VonDielingen on behalf of Creditor CNO Financial Group, Inc. [email protected] Michael Benton Willey on behalf of Creditor TN Dept of Revenue [email protected] James T Young on behalf of Trustee Deborah J. Caruso [email protected], [email protected]; [email protected] Eboney Cobb on behalf of Creditor Arlington ISD Richardson ISD Perdue Brandon Fielder Collins Mott LLP 500 E Border Street Suite 640 Arlington, TX 76010 Alan M Grochal on behalf of Creditor CEC Red Run LLC 100 East Pratt Street 26th Floor Baltimore, MD 21202 Paul Weiser Esq. on behalf of Creditor SWRE Deal V Building LLC Bachalter Nemer 16435 North Scottsdale Road, Suite 440 Scottsdale, AZ 85254-1754


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Elizabeth Weller on behalf of Creditor Tarrant County Linebarger Goggan Blair & Sampson, LLP 2777 N. Stemmons Freeway Suite 1000 Dallas, TX 75207 /s/ Donald D. Levenhagen

Donald D. Levenhagen LANDMAN BEATTY, LAWYERS, LLP 9100 Keystone Crossing, Suite 870 P.O. Box 40960 Indianapolis, IN 46244-0953 (317) 236-1040 (317) 236-1049 FAX Email: [email protected] Attorneys for Creditor CRI Mill Run Limited


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