in the united states bankruptcy court for the … › cmsvol2 › pub_46778 › 495460_460.pdf ·...

$: IN THE UNITED STATES BANKRUPTCY COURT FOR THE … › cmsvol2 › pub_46778 › 495460_460.pdf · EAST\81282149.1 2 PLEASE TAKE FURTHER NOTICE that on April 23, 2014, the Bankruptcy$
EAST\81282149.1

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

--------------------------------------------------------------- In re: RESTORA HEALTHCARE HOLDINGS, LLC, et al.,1

Debtors.

---------------------------------------------------------------

x : :::::: : :x

Chapter 11 Case No. 14-10367 (PJW) (Jointly Administered) Objection Deadline: 9/17/2014 at 4:00 p.m. (ET)

NOTICE OF FILING OF MONTHLY COMPENSATION AND STAFFING REPORT OF ALVAREZ & MARSAL HEALTHCARE INDUSTRY GROUP,

LLC FOR THE PERIOD FROM JULY 1, 2014 THROUGH JULY 31, 2014

PLEASE TAKE NOTICE that on February 28, 2014, the above-captioned debtors and

debtors in possession (collectively, the “Debtors”) filed the Application Of The Debtors To

(I) Retain Alvarez & Marsal Healthcare Industry Group, LLC To Provide The Debtors A Chief

Restructuring Officer And Certain Additional Personnel And (II) Designate George D. Pillari As

Chief Restructuring Officer For The Debtors Nunc Pro Tunc To The Petition Date [Dkt No. 77]

with the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”).

PLEASE TAKE FURTHER NOTICE that on March 19, 2014, the Bankruptcy Court

entered the Order Authorizing The Debtors To (I) Retain Alvarez & Marsal Healthcare Industry

Group, LLC To Provide The Debtors A Chief Restructuring Officer And Certain Additional

Personnel And (II) Designate George D. Pillari As Chief Restructuring Officer For The Debtors

Nunc Pro Tunc To The Petition Date [Dkt. No. 149] (the “A&M Retention Order”).

1 The Debtors in these chapter 11 cases, together with the last four digits of each Debtor’s federal tax

identification number, are: Restora Healthcare Holdings, LLC (2837); Restora Hospital of Mesa, LLC (8773); and Restora Hospital of Sun City, LLC (1028). The mailing address for the Debtors, solely for purposes of notices and communications, is c/o Alvarez & Marsal Healthcare Industry Group, LLC, 100 Pine Street, Suite 900, San Francisco, CA 94111 (Attn: George D. Pillari).

Case 14-10367-PJW Doc 460 Filed 08/27/14 Page 1 of 3

EAST\81282149.1 2

PLEASE TAKE FURTHER NOTICE that on April 23, 2014, the Bankruptcy Court

entered the Order Approving The Supplemental Application Of The Debtors To (I) Retain

Alvarez & Marsal Healthcare Industry Group, LLC To Provide The Debtors A Chief

Restructuring Officer And Certain Additional Personnel And (II) Designate Certain Additional

Personnel Of Alvarez & Marsal Healthcare Industry Group, LLC As Executive Officers Of The

Debtors Nunc Pro Tunc To March 17, 2014 [Dkt. No. 278] (the “Supplemental A&M Retention

Order” and, together with the A&M Retention Order, the “A&M Retention Orders”).

PLEASE TAKE FURTHER NOTICE that, in accordance with the A&M Retention

Orders, attached hereto as Exhibit A is Alvarez & Marsal Healthcare Industry Group, LLC’s

monthly compensation and staffing report for the period from July 1, 2014 through July 31, 2014

(the “Fifth Compensation and Staffing Report”).

PLEASE TAKE FURTHER NOTICE that any objections to the Fifth Compensation

and Staffing Report must be filed in writing with the Bankruptcy Court, 824 Market Street, 3rd

Floor, Wilmington, Delaware 19801, and served upon and received by the following parties on

or before September 17, 2014 at 4:00 p.m. (prevailing Eastern Time): (i) counsel to the

Debtors, DLA Piper LLP (US), 1251 Avenue of the Americas, New York, New York 10020

(Attn: Thomas R. Califano, Esq. ([email protected]) and Daniel G. Egan, Esq.

([email protected])) and 1201 N. Market Street, Suite 2100, Wilmington, Delaware

19801 (Attn: Stuart M. Brown, Esq. ([email protected])); (ii) Alvarez & Marsal

Healthcare Industry Group, LLC, 100 Pine Street, Suite 900, San Francisco, California 94111

(Attn: George D. Pillari ([email protected])); (iii) counsel to the Official

Committee of Unsecured Creditors, Alston & Bird LLP, 90 Park Avenue, New York, New York

10016 (Attn: Marty Bunin, Esq. ([email protected])) and Morris James LLP, P.O. Box


EAST\81282149.1 3

2306, Wilmington, Delaware 19899 (Attn: Brett D. Fallon ([email protected])); and

(iv) the Office of the United States Trustee, District of Delaware, 844 King Street, Suite 2207,

Lockbox 35, Wilmington, Delaware 19801 (Attn: Benjamin A. Hackman, Esq.

([email protected])).

PLEASE TAKE FURTHER NOTICE that if an objection is properly filed and served

in accordance with the above procedures, all compensation listed in the Fifth Compensation and

Staffing Report shall be subject to review by the Bankruptcy Court.

Dated: August 27, 2014 DLA PIPER LLP (US) Wilmington, Delaware

/s/ Stuart M. Brown Stuart M. Brown (DE 4050) Daniel N. Brogan (DE 5723) 1201 N. Market Street, Suite 2100 Wilmington, DE 19801 Telephone: (302) 468-5700 Facsimile: (302) 394-2341 Email: [email protected] [email protected]

-and-

Thomas R. Califano (admitted pro hac vice) Daniel G. Egan (admitted pro hac vice) 1251 Avenue of the Americas New York, New York 10020 Telephone: (212) 335-4500 Facsimile: (212) 335-4501 Email: [email protected] [email protected] Attorneys for the Debtors and Debtors in Possession


EAST\81282149.1

EXHIBIT A

Case 14-10367-PJW Doc 460-1 Filed 08/27/14 Page 1 of 11

August 26, 2014 Restora Healthcare Holdings, LLC 2550 Northwinds Parkway Suite 160 Alpharetta, GA 30009 To whom it may concern: In accordance with our engagement letter dated January 16, 2014, and Order Authorizing the Debtors to Retain Alvarez & Marsal Healthcare Industry Group, LLC dated March 19, 2014 [DI #149] attached please find our invoice for the period July 1, 2014 through July 31, 2014. If you have any questions, please feel free to contact me at any time. Very truly yours, George D. Pillari Managing Director Attachment


ELister

Cross-Out

August 26, 2014 INVOICE #801266A-5

Hours, Fees & Expenses for the period July 1, 2014 through July 31, 2014: Pursuant to our Engagement Letter dated January 16, 2014 and Order Authorizing Employ dated March 19, 2014. Professional Fees:

Hours Rate FeesHealthcare Industry Group, LLC

Restructuring/Operations ManagementGeorge Pillari Managing Director 2.00 $800 1,600.00 Steven Kraus Director 0.00 $525 - Erica Lister Senior Associate 52.60 $425 22,355.00 Joanne Cameron Analyst 1.50 $250 375.00

56.10 24,330.00$ Engagement Administration

- - 0.00 $0 - 0.00 -$

Bankruptcy/AdvisoryGeorge Pillari Managing Director 0.00 $800 - Steven Kraus Director 0.00 $525 - Erica Lister Senior Associate 9.40 $425 3,995.00 Joanne Cameron Analyst 0.00 $250 -

9.40 3,995.00$

28,325.00$

Claims ManagementDiligence/ReportingKevin Sullivan Director 6.40 $500 3,200.00

6.40 3,200.00$

Total Professional Fees: 31,525.00$

Out of Pocket Expenses: 271.56

Invoice Total: 31,796.56$

Detailed Time and Expense Records Attached as Exhibit A & B.

2


Payment Instructions Mailing Instructions: Wire Instructions: Alvarez & Marsal LLC Bank: JP Morgan Chase Attn: Liz Carrington ABA: 0 2 1 0 0 0 0 2 1 600 Madison Avenue Acct Name: Alvarez & Marsal LLC 8th Floor Acct Number: 789 758 026 New York, NY 10022 Reference: 801266A - 5

3


Exhibit A

4


Restora Healthcare Holdings-Time SummaryGeorge Pillari, Managing DirectorHealthcare Industry Group, LLC

Day Date Time Rate Billings Description

Thu 7/3/14 0.8 $800.00 $640.00 Discussion with counsel related to pro fee distributions; confirmation and execution of CMS form 855A

Thu 7/10/14 0.4 $800.00 $320.00 Discussion with counsel related to pro fee distributionsThu 7/17/14 0.8 $800.00 $640.00 Discussion with counsel related to pro fee distributions; confirmation and execution of revised CMS

form 855A

2.0 $1,600.00

5


Restora Healthcare Holdings -Time SummaryErica Lister, Senior AssociateHealthcare Industry Group, LLC


Tue 07/01/2014 3.8 $425 $1,615.00 Discussion with Wells Fargo regarding bank accounts and signing authority; windown and continued cash management;

Wed 07/02/2014 3.8 $425 $1,615.00 Continued cash/vendor management related to post-sale wind down activity; Discussion with counsel regarding CMS 855s

Thu 07/03/2014 4.2 $425 $1,785.00 Continued cash/vendor management related to post-sale wind down activity; 401k discussion with MCG tax group

Mon 07/07/2014 3.6 $425 $1,530.00 Discussion with counsel related to pro fee distributions; continued cash/vendor management; process of tail coverage insurance options

Tue 07/08/2014 3.2 $425 $1,360.00 Discussion with counsel related to pro fee distributions and administrative claims; continued cash/vendor management; processing of insurance coverage tail options

Wed 07/09/2014 3.8 $425 $1,615.00 Discussion with counsel related to pro fee distributions and administrative claims; continued cash/vendor management

Thu 07/10/2014 3.6 $425 $1,530.00 Discussion with counsel related to pro fee distributions and administrative claims; continued cash/vendor management; review of bank activity and related fees.

Fri 07/11/2014 2.8 $425 $1,190.00 Continued cash/vendor management; discussion related to 401k termination; review of invoice and auto-debits

Mon 07/14/2014 2.0 $425 $850.00 Discussion with counsel related to pro fee distributions and administrative claims; discussion with UCC related to pro fee distributions; continued cash/vendor management

Tue 07/15/2014 2.0 $425 $850.00 Discussion with counsel related to pro fee distributions and administrative claims; continued cash/vendor management; review of MCG 401k engagement letter

Wed 07/16/2014 3.6 $425 $1,530.00 Discussion with counsel related to pro fee distributions and administrative claims; continued cash/vendor management; discussion regardin 401k engagement letter

Thu 07/17/2014 2.4 $425 $1,020.00 Discussion with counsel related to pro fee distributions and administrative claims; discussion with UCC related to pro fee distributions; continued cash/vendor management

Fri 07/18/2014 2.0 $425 $850.00 Continued cash/vendor management related to post sale wind down Mon 07/21/2014 2.8 $425 $1,190.00 Discussion with counsel related to pro fee distributions and administrative claims; continued cash/vendor

management; discussion regardin 401k engagement letterTue 07/22/2014 2.6 $425 $1,105.00 Discussion with Acuity related to June MORs; continued cash/vendor management; discussion regardin

401k engagement letterWed 07/23/2014 2.2 $425 $935.00 Discussions related to pro fee distributions and administrative claims; continued cash/vendor

management; check approval and printingThu 07/24/2014 1.8 $425 $765.00 Discussions related to pro fee distributions and administrative claims; continued cash/vendor

management; discussion with UCC related to lease and assignment documentsFri 07/25/2014 2.4 $425 $1,020.00 Discussions related to pro fee distributions and administrative claims; continued cash/vendor

management; discussion with UCC related to lease and assignment documentsMon 07/28/2014 2.6 $425 $1,105.00 Discussions related to pro fee distributions and administrative claims; continued cash/vendor

management; confirmation of 855A submissionTue 07/29/2014 2.8 $425 $1,190.00 Discussion with counsel regarding June MORs; continued cash/vendor management related to post-sale

wind down; check run and processingWed 07/30/2014 2.2 $425 $935.00 Discussion with counsel regarding June MORs and financials; continued cash/vendor management

related to post-sale wind down.Thu 07/31/2014 1.8 $425 $765.00 Discussion with counsel regarding June MORs; continued cash/vendor management related to post-sale

wind down.

62.0 $26,350.00

6


Restora Healthcare Holdings-Time SummaryJoanne Cameron, AnalystHealthcare Industry Group, LLC


Tue 7/1/2014 0.50 250$ $125.00 401k diligence and wind down preparationWed 7/2/2014 0.50 250$ $125.00 401k diligence and wind down preparationFri 7/18/2014 0.50 250$ $125.00 401k diligence and wind down preparation

1.50 375.00

7


Restora Healthcare Holdings - Time SummaryKevin Sullivan, DirectorClaims Management


Wed 7/2/2014 0.70 $500 $350.00 Prepared for and participated in a call re: June MORFri 7/25/2014 0.60 $500 $300.00 Reviewed draft MORs and provided comments

Wed 7/30/2014 2.70 $500 $1,350.00 Reviewed draft MORs and provided commentsThu 7/31/2014 2.40 $500 $1,200.00 Reviewed draft MORs and provided comments

6.40 $3,200.00

8


Exhibit B

9


*May include unbilled expenses from previous periods.

A&MExpense Summary *

Date Amount Category Person Description

7/3/14 $44.75 Other Pillari, George Shipping/Freight Transaction Documentation7/10/14 $32.00 Other Pillari, George Shipping/Freight Transaction Documentation7/17/14 $21.53 Other Pillari, George Shipping/Freight Transaction Documentation

$98.28

7/19/14 $86.72 Other Lister, Erica Shipping/Freight Transaction Documentation7/23/14 $51.47 Other Lister, Erica Shipping/Freight Transaction Documentation7/30/14 $35.09 Other Lister, Erica Shipping/Freight Transaction Documentation

$173.28

Total $271.56

10


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