In re: Joseph D. Milanowski, Debtor
Joseph D.
Milanowski, Debtor
COX SMITH MATTHEWS INCORPORATED
AND
ELSAESSER JARZABEK ANDERSON MARKS ELLIOTT & McHUGH, CHTD.
ATTORNEYS FOR
FORD ELSAESSER, CHAPTER 11 TRUSTEE
Important Information For Creditors
Joseph D. Milanowski is a shareholder of USA Commercial Mortgage Company (“USACM”). Prior to USACM seeking bankruptcy protection on April 13, 2006, Mr. Milanowski managed USACM as its President and Chief Operating Officer. Mr. Milanowski also served as a director of USACM. Mr. Milanowski also managed USA Capital Diversified Trust Deed Fund, LLC (“Diversified”).In addition to USACM and Diversified, Mr. Milanowski owned an interest in USA Investment Partners, LLC (“USAIP”). Mr. Milanowski jointly managed USAIP with Thomas Hantges through February 2005. After February 2005, Mr. Milanowski was the sole manager of USAIP.
On May 29, 2007 (the “Commencement Date”), Diversified, the USACM Trust, and Nevada State Bank (“Nevada Bank” and, collectively with Diversified and USACM Trust, the “Petitioners”) filed an involuntary petition (the “Petition”) for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Nevada, Las Vegas Division. On May 29, 2007, the Petitioners filed the Emergency (1) Motion Under 11 U.S.C. §§303(f) and (g), 105 and 1104(a) for an Order Appointing an Interim Trustee, and (2) Ex Parte Motion for an Order Immediately Restricting the Alleged Debtor’s Business-Related Activities Pending Appointment of an Interim Trustee [Docket No. 20] (the “Trustee Motion”), requesting that the Bankruptcy Court appoint a chapter 11 trustee pending the Bankruptcy Court’s decision on the Petition. In seeking the appointment of a chapter 11 trustee, the Petitioners alleged that Mr. Milanowski and Mr. Hantges managed the business of USACM, Diversified and USAIP for their own personal gain.
On June 11, 2007, the Bankruptcy Court entered an order approving the appointment of Ford Elsaesser, as interim chapter 11 trustee for the estate of Joseph D. Milanowski.
On August 13, 2007, the Bankruptcy Court entered the Order for Relief, granting the Petitioners request to place Mr. Milanowski into bankruptcy under chapter 11. The Order for Relief also confirmed the appointment of Mr. Elsaesser as Trustee.
Statement of Financial Affairs
Statement of Financial Affairs -
Amended
CSM ATTORNEYS
Deborah D. Williamson
Thomas Rice
112 E. Pecan Street
Suite1800
San Antonio, TX
(210) 554-5500
ELSAESSER ATTORNEYS
Bruce A. Anderson
James MacDonald
123 South Third Street
P.O. Box 1049
Sandpoint, ID
(208) 263-8517
Please note that the attorneys from Cox Smith Matthews Incorporated and Elsaesser Jarzabek Anderson Marks Elliott &
McHugh, Chtd. Represent the Chapter 11 Trustee in this bankruptcy
proceeding. Therefore, they cannot provide legal advice to creditors or
individuals in regards to the proceedings.
LINKS
www.nvb.uscourts.gov
http://www.usacapitalcorp.com
http://www.usdoj.gov/ust/r17/home.htm
http://www.bmccorp.net/master.asp?InfoType=1&ClientID=113
http://usacapdtdf.bmcgroup.com/default.aspx
http://hantgesbankruptcy.steptoe.com/
ACTIONS TAKEN ON BEHALF OF NON-DEBTORS
Notice of Trustee’s Decision to Stipulate to
Dismissal of Appeal of the Order for Relief and Granting Involuntary
Chapter 11 Petition [Docket #101] in the Case of In re USA Investment
Partners, LLC
NOTICES
Notice of Trustee's
Decision to not Seek Further Extension of Deadline to Determine
Dischargeability of Debts Under 11 U.S.C. Section 523(c)
Limited Service List for Limited Notice #3
Master Service List #3
Second Stipulation By and Between Ford
Elsaesser, Trustee and Cynthia G. Milanowski Regarding Extension of Time
Under The Stipulation Regarding Use of Assets of the Cynthia Gunther
Milanowski 1998 Trust
To file a proof of claim, please use this form.
Proof of Claim Form.
Once you have filled it out send it to:
Clerk, U. S. Bankruptcy Court,
Foley Federal Building,
300 Las Vegas Boulevard South, Las Vegas, NV
89101.
Additionally, please provide a copy of the Proof of Claim to:
Cox Smith Matthews Incorporated, Attn: Thomas Rice,
112 E. Pecan Street, Suite 1800, San Antonio, TX 78205
Motions
Motion Requesting Entry of an Order Approving the Second Stipulation
Regarding Further Extension of Deadline to Determine Dischargeability of
Debts
Declaration of Thomas
Rice Filed in Support of Motion Requesting Entry of an Order Approving
the Second Stipulation Regarding Further Extension of Deadline to
Determine Dischargeability of Debts
ORDERS
Order Approving Second Interim
Fee Application of Cox Smith Matthews Incorporated, as Attorneys for
Ford Elsaesser, Chapter 11 Trustee for the Estate of Joseph D.
Milanowski for Allowance of Compensation for Professional Services
Rendered and for Reimbursement of Actual and Necessary Expenses Incurred
from December 1, 2007 through March 31, 2008
Order Approving First Interim Fee
Application of Elsaesser Jarzabek Anderson Marks Elliott & McHugh,
Chtd., as Attorneys for Ford Elsaesser, Chapter 11 Trustee for the
Estate of Joseph D. Milanowski for Allowance of Compensation for
Professional Services Rendered and for Reimbursement of Actual and
Necessary Expenses Incurred from June 10, 2007 through March 31, 2008
Order Granting Motion Requesting
Entry of an Order Approving the Second Stipulation Regarding Further
Extension of Deadline to Determine Dischargeability of Debts
Order Approving Amended Fist Interim Fee
Application of Gamett & King, a Professional Corporation, for Award of
Compensation for Tax Advisory Services Rendered and Reimbursement of
Expenses Incurred From August 30, 2007 Through November 30, 2007
Order Approving First Interim Fee
Application of Cox Smith Matthews Incorporated, as Attorneys for Ford
Elsaesser, Chapter 11 Trustee for the Estate of Joseph D. Milanowski for
Allowance of Compensation for Professional Services Rendered and for
Reimbursement of Actual and Necessary Expenses Incurred from June 11,
2007 through November 30, 2007
Order Granting Motion of the Trustee
for Extension of Time to Assume or Reject Unexpired Leases of
Non-Residential Real Property
Order Granting Motion Requesting Entry of an
Order Approving the Stipulation Regarding Extension of Deadlines (A) to
Determine Dischargeability of Debts and (B) to File Objections to
Exemptions
Order Granting Motion for Order Authorizing and
Approving Stipulation Regarding use of Assets of the Cynthia Gunther
Milanowski 1998 Trust
Order Approving Motion for Order (1) Limiting
Notice and Approving Master Service List for Notices Under Rule 2002 of
the Federal Rules of Bankruptcy Procedure and (2) Further Limiting
Notice and Approving a Limited Service List
Order Granting Motion for Order Authorizing and
Approving Stipulation for Post-Petition Financing Pursuant to 11 U.S.C.
§ 364(c)(1) - (3)
Order Approving Employment of Gamett & King as Tax Advisors
Order
Approving Compensation Procedure
Order for Relief
Order Approving Ford Elsaesser Interim Trustee
Order Declaring Actions of the Trustees as Within the Ordinary Course of
Business
Order
Employing Cox Smith Matthews
Order Employing Elsaesser Jarzabek Anderson
Order Granting Extension of Time to File Scheudules and Statements
Involuntary Petition
PENDING MATTERS
Notice of Appeal by Joseph D. Milanowski