Case 8-15-71074-reg Doc 1031 Filed 01/16/18 Entered 01/16/18 09:06:46

N A21NEW YORKTHE NEW YORK TIMES TUESDAY, DECEMBER 26, 2017

C M Y K Nxxx,2017-12-26,A,021,Bs-BW,E1

When Charline Ogbeni tells thestory of her life, words pour forthlike coffee beans from a tornburlap bag.

She brims with the confidenceof someone whois successful andwith the excite-ment of herdrive to achievemore.

For someoneas outgoing asMrs. Ogbeni, itis hard to be-lieve she onceconsidered her-self shy and in-secure.

But much has changed for Mrs.Ogbeni, 28, since she was featuredin an article about The New YorkTimes Neediest Cases Fund inFebruary 2008.

Among the highlights for her inthe last nine years are: earningbachelor’s and master’s degrees;working as a retail sales associateand manager, and as an advocateand mentor to high school stu-dents; getting two internships atHBO; marrying this past Febru-

ary (and gaining a new surname);and landing a job as a counselor tomiddle school students.

Mrs. Ogbeni is also planning tomove into her own house from thepublic housing where she haslived for more than 25 years.

She said she was so self-con-scious in high school that even ifshe knew the answer to a questionin class, she would let another stu-dent respond.

In her freshman year, she foundinspiration through Hope Leader-ship Academy in East Harlem.The academy, which offered tutor-ing, leadership training and men-toring, is run by Children’s Aid,one of the eight organizations sup-ported by the Neediest CasesFund.

Leading up to her high schoolprom in 2007, Mrs. Ogbeni saidshe lacked the confidence to be-lieve she would look good in adress and told friends she wouldnot attend. Kenya Thomas, whowas a youth development coordi-nator at the academy, sensed herunease, took her aside and said,“Everyone should have the expe-rience of going to prom.”

Ms. Thomas drew $600 from theNeediest Cases Fund to pay for

graduation fees for Mrs. Ogbeniand her sister, and to buy Mrs. Og-beni a blue dress and accessoriesfor the prom — rhinestone ear-rings, a necklace, a tiara andsparkling shoes.

In a recent interview, Mrs. Og-beni said she went to the prom andwas the “belle of the ball.”

Nearly 10 years after Mrs. Og-beni had told The Times about herstruggles in high school, she was

reading The Times on her phoneand saw information about thestart of the 106th annual campaignfor the Neediest Cases, which ledher to its GoFundMe page.

She donated $100 in Octoberand wrote: “I am so happy toknow The New York Times contin-ues to educate and touch livesnear and far. I will be forevergrateful for your generosity.”

In the interview, she added:“The Neediest Cases Fund was agreat opportunity but also a goodopportunity to give back. It wasjust like, you always want to dowhatever you can, whenever youcan. I want to assist, so I just wentfor it.”

Mrs. Ogbeni said Ms. Thomas’spassion for her job inspired her towant to become a school counsel-or. She works at Mott Hall BridgesAcademy, in the Brownsvilleneighborhood of Brooklyn, whereshe offers social and emotionalsupport for students in grades sixthrough eight.

She talks to them about goals,advises them as they begin topush boundaries and works di-rectly with their families.

Administrators at the start ofthis school year introduced amonthly award to recognize anoutstanding staff member, NadiaLopez, the principal at the acad-emy, said in a recent interview. InSeptember, her first month on thejob, Mrs. Ogbeni became the firsthonoree.

Ms. Lopez said students, theirfamilies and fellow staff membersnominated Mrs. Ogbeni, whomshe called a cheerleader for the

students. “She goes above and be-yond — that’s her general nature,”Ms. Lopez said.

Ina C. Siler, who retired in 2007from HBO as its vice president fororganizational effectiveness, firstmet Mrs. Ogbeni at a job-readi-ness program run by HBO andthen worked with her during herinternships. Ms. Siler said in a re-cent interview that Mrs. Ogbenihad “positive energy” and “justturned herself naturally to oth-ers.” She was not surprised tolearn of her choice to become aschool counselor.

“She was always coaching,” Ms.Siler said. “She was always advis-ing. She was always helping out.That’s who she is.”

Mrs. Ogbeni has a busy to-dolist. She has lived all her life in thesame apartment with her motherand sister (and two brothers be-fore they joined the military) inLong Island City, Queens.

This winter she is looking for-ward to buying a three-bedroomhouse in the borough’s St. Albansneighborhood that has a base-ment, an attic and a room for awasher and dryer, she said.

She also plans to visit Nigeria,her husband’s home country, in

2018, and hopes to gain tenure in2019, the first year she will be eligi-ble.

Speaking of her shyness, shesaid, “I’ve come a long way.”

The same could be said of herlife.

Charline Ogbeni at Mott Hall Bridges Academy in Brooklyn, where she is a counselor. Much has changed since she was profiled in The New York Times in 2008.CHRISTIAN HANSEN FOR THE NEW YORK TIMES

In High School, She Was a Beneficiary. Now, She’s a Donor.By CHRISTOPHER MELE

A gift of $100 from awoman who says sheis ‘forever grateful.’

Checks payable to The NewYork Times Neediest CasesFund may be sent to:P.O. Box 5193New York, N.Y. 10087All donations are acknowl-edged; special letters are notpossible. A check intended fora particular agency participat-ing in the annual campaignshould be written to andmailed to the agency, notingthat it is a Neediest Cases gift.

BROOKLYN COMMUNITYSERVICES

285 Schermerhorn StreetBrooklyn, N.Y. 11217

CATHOLIC CHARITIES ARCHDIOCESE OF NEW YORK

1011 First AvenueNew York, N.Y. 10022

CATHOLIC CHARITIESBROOKLYN AND QUEENS

191 Joralemon StreetBrooklyn, N.Y. 11201

CHILDREN’S AID

711 Third Avenue, Suite 700New York, N.Y. 10017

COMMUNITY SERVICE SOCIETYOF NEW YORK

633 Third Avenue, 10th FloorNew York, N.Y. 10017

FPWA

40 Broad Street, 5th FloorNew York, N.Y. 10004

INTERNATIONAL RESCUECOMMITTEE

P.O. Box 6068 Albert Lea, Minn. 56007-9847

UJA-FEDERATION OF NEW YORK

Church Street StationP.O. Box 4100 New York, N.Y. 10261-4100Donations may be made witha credit card at 800-381-0075,or at nytimes.com/neediest.

For instructions on how todonate stock, call 212-556-1137.No agents or solicitors areauthorized to seek contribu-tions for The New York TimesNeediest Cases Fund. The New York Times Com-pany pays for all administra-tive costs of the Fund, soevery dollar donated to thefund goes directly to servethose in need. The New York Times NeediestCases Fund has been recog-nized by the Internal RevenueService as a not-for-profitpublic charity under Section501(c)(3) of the Internal Reve-nue Code. Contributions to theNeediest Cases Fund aretax-deductible to the extentpermitted by law. FederalIdentification Number: 13-6066063. A copy of the Needi-est Cases Fund’s latest annualfinancial report may be ob-tained, upon request, from theFund or from the New YorkState Attorney General’sCharities Bureau, Attn: FOILOfficer, 120 Broadway, NewYork, New York 10271.

To delay may mean to forget.

How to Help

The oldest daughter of EricGarner, the black man whose dy-ing calls of “I can’t breathe” afterhe was placed in a chokehold by apolice officer became a protestchant across the country, has beenhospitalized after a heart attack,her mother said on Monday.

Erica Garner, 27, was in a medi-cally induced coma, her mother,Esaw Snipes, said in a brief tele-phone interview.

After her father’s death on Stat-en Island in 2014, Ms. Garner cam-paigned for police accountability,demanding justice for not only herfather but also for others whowere killed during encounterswith the police. She sought an-swers from President BarackObama and castigated Mayor Billde Blasio over policing matters. In

2016, she campaigned on behalf ofSenator Bernie Sanders for presi-dent, introducing him at a rally inSouth Carolina.

Ms. Garner was hospitalized onSaturday night, her mother said,after an asthma episode caused aheart attack. Ms. Snipes said herdaughter had given birth fourmonths ago and during the preg-nancy had learned that she hadheart problems. Ms. Snipes de-clined to name the hospital whereher daughter was being treated.

“Right now, the family is justpraying and asking for everyoneto keep her in their prayers,” saidMs. Snipes, who is Mr. Garner’swidow.

Mr. Garner was killed in July2014 when plainclothes officersfrom the New York Police Depart-ment were arresting him for sell-ing single, untaxed cigarettes.

Garner’s Daughter Is in ComaAfter Having a Heart Attack

By JOSEPH GOLDSTEIN

you know, in the future.”Ah, the future. In the future,

when dollar bills are found only inmuseum display cases, we willlook back on this moment of tran-sition and confusion with thesame head-shaking smile withwhich we regard customs on theIsle of Yap in Micronesia, wheregiant stone discs are still acceptedas payment for particularly big-ticket items.

Some people already live in thiscashless future. They find nothingstrange about paying for a pack ofgum with a swipe of a card. If youare one of these people and youare still somehow reading this ar-ticle, you may be thinking, “Whaton earth is the big deal?”

At Two Forks on 40th Street,where the lunch offerings havecheery names like Squash Goals,Kristin Junco, a 34-year-old audi-tor for the state Education De-partment, said she had not usedcash for about a week and muchprefers a cashless establishmentto its opposite. “We travel a lot forwork,” she said, gesturing to a col-league, “and if they don’t takecredit cards that makes things dif-ficult.”

On the other side are those whowere raised to equate credit-cardspending with taking on debt —something to be avoided when-ever possible, and reserved in anycase for major expenditures.Those people do things like grab a$5 bill from their purse and rundown from their office to the placeon the corner thinking that theycan buy a snack with it. They willcatch on eventually.

“I was shocked,” said David, a66-year-old accountant whopopped into Dig Inn for lunch afew hours before Ms. Bryant. (Hedeclined to give his surname be-cause “I’m a private person.”)“This is very unusual to me.”

Tim McLoughlin, 59, a writer inBrooklyn, did a double-take whenhe walked into a Bluestone Lanebranch in Dumbo, Brooklyn. “Myreaction was ‘Jesus, a New YorkCity restaurant that records all itsrevenue? How can they stay inbusiness?’”

They can, and do. At Pokee, apoke-salad place in GreenwichVillage, cash is treated like a quar-antinable substance. “If you haveexact change, we’ll take it,” saidthe woman behind the counter.“We give it to the manager and heputs it in a safe. Because we don’thave a register.”

Not surprisingly, the credit cardcompanies, who make a commis-sion on every credit card pur-chase, applaud the trend. Visa re-cently offered select merchants a$10,000 reward for deprivingcustomers of their right to pay bythe method of their choice. A Visa

executive described this practiceto CNN as offering shoppers“freedom from carrying cash.”

This freedom is good for theconsumer, good for business, andgood for the planet, the new breedof eateries insist.

At Dos Toros, a Mexican chainthat is in the process of goingcashless at its 13 New York City lo-cations, the co-chief executive LeoKremer said that cash took up pre-cious time: the time of the generalmanager of the location, whospent a couple of hours a daycounting (and recounting) cashdrawers that could have beenspent coaching new employeesand making sure customers have

a great experience. “There’ssomething fundamentally de-moralizing when you have theleader of the restaurant back inthe office, counting, instead of outon the floor,” he said. And it tookup the time of the customer: Cashcauses bottlenecks at the register,he said.

Mr. Kremer said that only a mi-nuscule portion of customerscomplained about the cashlesspolicy, but there are enough ofthem for the employees to notice.

“Every day I have an argumentwith somebody about it,” said acashier at the Dos Toros on 40thStreet, who said she could not giveher name because she was not au-thorized to speak without permis-sion from the company. “I don’tmake these rules, you know.”

But wait, how is this even al-lowed? Doesn’t the dollar bill sayit’s “legal tender for all debts, pub-lic and private.” The Federal Re-serve’s website says that notwith-standing that language, there isno federal law compelling a busi-ness “to accept currency or coinsas payment for goods or services.”

Asked why the $8.71 a customerowes for that Turmeric Sweet Po-tato Hummus Toast she just or-dered is not considered a debt, theFederal Reserve offered a partialexplanation, but it begins with the

words “for purposes of illustra-tion, and not for attribution to theFed,” so we cannot share the rest.But a professor at the New YorkUniversity School of Law whoteaches contract and commerciallaw, Clayton Gillette, laid it out.

First of all, he said, you do nothave a debt until after you receivea good or a service. What about ata sit-down restaurant, where youpay after you eat? “Assuming therestaurant lets you know up frontthat they don’t take cash, they’reoffering to serve you a meal, butthey are offering it on theirterms,” Professor Gillette said. “Ifyou consume the meal, you’ve ac-cepted the terms of the contract.”

Still, occasionally, the Ludditeswin. A couple of weeks ago, LisaGaytan, 60, and a friend walkedinto a Van Leeuwen Artisan IceCream store in Boerum Hill,Brooklyn. Her friend ordered avegan chocolate cone. He was toldhe could not pay with cash. Hehanded over his credit card. Therewas a problem with the cardreader, or maybe the Wi-Fi. In anycase, the machine was down. Thecashier apologized and said theice cream was on the house.

“My thought was, sometimesthe analog world works betterthan the digital,” Ms. Gaytan said.“We both walked out of there say-ing ‘That was crazy.’”

At Two Forks, a casual restaurant in Midtown Manhattan, cashis not accepted. And it is far from an isolated phenomenon.

HIROKO MASUIKE/THE NEW YORK TIMES

Cash Loses Its CurrencyAt Credit-Only Businesses

From Page A1

A trend that creditcard companies areapplauding.

UNITED STATES BANKRUPTCY COURTEASTERN DISTRICT OF NEW YORK

In re: FEDERATION EMPLOYMENT ANDGUIDANCE SERVICE, INC. d/b/a FEGS1,

Debtor.

)))

Chapter 11Case No.15-71074 (REG)

PLAN PROPONENT’S NOTICE OF: (A) HEARING TO CONSIDERCONFIRMATION OF THE THIRD AMENDED PLAN OF

LIQUIDATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODEOF FEDERATION EMPLOYMENT AND GUIDANCE SERVICE, INC.

d/b/a FEGS AND (B) VOTING AND OBJECTION DEADLINES

TO: ALL HOLDERS OF CLAIMS AND PARTIES IN INTEREST

IN THE ABOVE-CAPTIONED CHAPTER 11 CASE

PLEASE TAKE NOTICE OF THE FOLLOWING:Approval of the Disclosure Statement and Solicitation and

Voting Procedures.On December 19,2017,the United States BankruptcyCourt for the Eastern District of New York (the“Bankruptcy Court”) enteredan Order (the “Disclosure Statement Order”) pursuant to which theBankruptcy Court: (a) authorized the above-captioned debtor and debtorin possession (the “Debtor” or the “Plan Proponent”) to solicit accep-tances for the Third Amended Plan of Liquidation Under Chapter 11 of theBankruptcy Code of Federation Employment and Guidance Service,Inc.d/b/aFEGS (as may be amended from time to time, the “Plan”); (b) approvedprocedures for soliciting, receiving and tabulating votes on the Plan andfor filing objections to the Plan (the“Solicitation and Voting Procedures”);(c) approved the Disclosure Statement onThird Amended Plan of Liquidationunder Chapter 11 of the Bankruptcy Code of Federation Employment andGuidance Service, Inc. d/b/a FEGS (as may be amended from time to time,the “Disclosure Statement”); (d) approved other related procedures andrelief.Please note that capitalized terms used but not otherwise defined inthis notice have the meanings set forth in the Disclosure Statement Order.

The Confirmation Hearing Date. The hearing at which theBankruptcy Court will consider confirmation of the Plan (the“ConfirmationHearing”) will commence at 1:30 p.m., prevailing Eastern Time, onJanuary 25, 2018 before the Honorable Robert E. Grossman, UnitedStates Bankruptcy Judge, in the United States Bankruptcy Court for theEastern District of New York, located at the Alfonse M. D’Amato FederalCourthouse, 290 Federal Plaza, Courtroom 860, Central Islip, New York11722.

PLEASE BE ADVISED: THE CONFIRMATION HEARING MAY BE CON-TINUED FROM TIME TO TIME BY THE BANKRUPTCY COURT OR THE PLANPROPONENT WITHOUT FURTHER NOTICE OTHER THAN BY ANNOUNCINGSUCH ADJOURNMENT IN OPEN COURT OR BY A NOTICE OF ADJOURN-MENT FILED BY THE PLAN PROPONENT AND POSTED ON THE DEBTOR’SRESTRUCTURING WEBSITE AT http://www.omnimgt.com/fegs.

CRITICAL INFORMATION REGARDING VOTING ON THE PLANVoting Record Date. The voting record date is December 11, 2017

(the “Voting Record Date”), which is the date for determining whichHolders of Claims in FEGS Class 4 of the Plan are entitled to vote on the Plan.

Voting Deadline. The deadline for voting on the Plan is January 19,

2018 at 4:00 p.m., prevailing Eastern Time (the “Voting Deadline”).If you received a Solicitation Package, including a Ballot, and intend tovote on the Plan, in order for your vote to be counted you must: (a) followcarefully the instructions that accompanied your Ballot, (b) complete allthe required information on the Ballot, and (c) execute and return yourcompleted Ballot so that the original Ballot is actually received by theDebtor’s Notice,Claims and Solicitation Agent,Rust Omni,LLC,according toand as set forth in detail in the voting instructions on or before the VotingDeadline.A failure to follow such instructions may disqualify your vote.

Obtaining Solicitation Materials. The Disclosure StatementOrder, Disclosure Statement, and Plan may be obtained and are availablefor review without charge at: (i) the website of Rust Omni, LLC, (“RustOmni”) the Bankruptcy Court approved Notice, Claims, and SolicitationAgent, http://www.omnimgt.com/fegs, (ii) by contacting Rust Omni bytelephone, (866) 205-3142, or (iii) by electronic mail, FEGS@omnimgt.com.Such documents are also available on the court’s website:www.nyeb.uscourts.gov for a fee.

CRITICAL INFORMATION REGARDING OBJECTING TO THE PLANThe deadline for filing objections or responses to the Plan is January

19, 2018 at 4:00 p.m., prevailing Eastern Time (the “Plan ObjectionDeadline”).

Objections to the Plan. All objections,if any,to the Plan must:(i) be inwriting; (ii) state the name, address, and nature of the claim of the object-ing or responding party; (iii) state with particularity the basis and natureof any objection or response and,if practicable,a proposed modification tothe Plan that would resolve such objection;(iv) conform to the BankruptcyRules and the Local Rules; and (v) be filed electronically no later than theObjection Deadline with the Clerk of the United States Bankruptcy Courtfor the Eastern District of New York, and (vi) served, in accordance withBankruptcy Rule 3020(b) and this paragraph,on the following parties (the“Notice Parties”): (a) counsel to the Debtor, Garfunkel Wild, P.C., 111 GreatNeck Road,Great Neck,New York 11021 (Attn:Burton S.Weston and AdamT.Berkowitz); (b) counsel to the Committee, Pachulski Stang Ziehl & JonesLLP,780Third Avenue,36th Floor,New York,New York 10017 (Attn:Robert J.Feinstein and Ilan D.Scharf);and (c) the Office of the United States Trustee,Alfonse D’Amato Federal Courthouse, 560 Federal Plaza, Central Islip, NY11722 (Attn:StanY.Yang).

BINDING NATURE OF THE PLAN. THE PLAN SHALL BIND ALL HOLD-ERS OF CLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, WHETHER OR NOT SUCH HOLDER WILL RECEIVE OR RETAIN ANYPROPERTY OR INTEREST IN PROPERTY UNDER THE PLAN, HAS FILED APROOF OF CLAIM IN THE DEBTOR’S CHAPTER 11 CASE, OR FAILED TO VOTETO ACCEPT OR REJECT THE PLAN, OR VOTED TO REJECT THE PLAN.

Dated: December 21, 2017, Great Neck, New York, GARFUNKEL WILD,P.C., By: /s/ Burton S.Weston , Burton S.Weston, Adam T. Berkowitz, 111Great Neck Road, Great Neck, New York 11021,Telephone:(516) 393-2200,Facsimile:(516) 466-5964,Counsel for the Debtor and Debtor in Possession1 The last four digits of the Debtor’s federal tax identification number are4000.

Case 8-15-71074-reg Doc 1031 Filed 01/16/18 Entered 01/16/18 09:06:46