Software to be sold at auction
Posted by:
Bklawyer (---.akllp.com)
Date: November 26, 2007 05:54PM
On or about November 11, 2007, the following notice was filed in the Chapter 7 bankruptcy case of BH Development, LLC, pending in the United States Bankruptcy Court for the Central District of California, Los Angeles Division, case no. LA 06-10031-EC:
On December 5, 2007 at 1:30 p.m., or as soon thereafter as can be heard, in Courtroom 1639 of the United States Bankruptcy Court in the Edward R. Roybal Federal Building at 255 E. Temple Street, Los Angeles, California 90012, Rosendo Gonzalez, Chapter 7 Trustee (the “Trustee”) of the bankruptcy estate of Debtor BH Development, LLC (“BH” or the “Debtor”) will and hereby does move (the “Motion”) the Court for an order approving the sale free and clear of all liens, claims, encumbrances and interests to LILEMCO, Inc., a Florida corporation (“LILEMCO” or the “Buyer”), of certain software and computer equipment for the total amount of $15,000 pursuant to a letter agreement between the Trustee and LILEMCO dated October 17, 2007 (the “Letter Agreement”).
As set more fully set forth in the Motion, BH Development developed, implemented and purportedly licensed proprietary computer software (the “Software”) that was utilized in what was called “peer-to-peer online gaming,” and more colloquially known as “internet poker.” In addition to the Software, and as described in Schedule “1” to the Letter Agreement, the sale to LILEMCO includes eight (8) computer servers used by the Debtor.
In conjunction with the sale, and as set forth in the Motion, the Trustee will ask that the Court approving certain bidding procedures, including that the first overbid, if any, be $2,500.00 above the purchase price, with any additional bids to be in increments of $500.00, and that any proposed bidder deliver a deposit in certified funds, and evidence of ability to close a transaction, satisfactory to the Trustee in his sole discretion, at least two (2) business days prior to the date of the sale hearing.
The Trustee’s Motion is based on this Notice, the concurrently filed Motion by Trustee for Approval of Sale Free and Clear of all Liens, Claims, Encumbrances and Interests of Software and Servers to Lilemco, Inc. and for Approval of Certain Bidding Procedures in Relation Thereto; Declarations of Rosendo Gonzalez and Gary Miller in Support Thereof, the exhibit thereto, all documents filed herein, and such other evidence which may be presented to the Court with respect to this matter.
A copy of the Motion and supporting documents may be reviewed at the Bankruptcy Court, obtained from the Bankruptcy Court or obtained by contacting proposed counsel for the Trustee at the following address:
C. John M. Melissinos, Esq.
Andrews Kurth LLP
601 South Figueroa Street, Suite 3700
Los Angeles, California 90017-5742
Telephone: (213) 896-3100
Facsimile: (213) 896-3137
Copying and postage charges may be required in advance.
PLEASE TAKE FURTHER NOTICE that pursuant to Local Bankruptcy Rule 9013-1(a)(7), any response or opposition to the Motion shall be in writing in the form required by Local Bankruptcy Rule 9013-1(a)(7) and shall be filed with the Bankruptcy Court at 300 N. Los Angeles Street, First Floor, Los Angeles, California 90012, and served upon counsel for the Trustee at the address listed in the upper left-hand corner of page one of this Notice and upon the Office of the United States Trustee, 725 S. Figueroa Street, 26th Floor, Los Angeles, California 90017, at least fourteen (14) days before the date of the hearing on the Motion.
ANY WRITTEN RESPONSE OR OPPOSITION NOT TIMELY FILED AND PROPERLY SERVED WILL BE DEEMED LATE.
