These are documents detailing the corruption of a company under the label of USA Capital. The main "culpable insider" named in these documents is Joseph D. Milanowski, who is about to start serving a 12-year term for pleading guilty to 1 count of wire fraud and agreeing to pay nearly $90 million in restitution to the victims. (http://www.justice.gov/usao/nv/press/april2010/milanowski04092010.htm) Fertitta Enterprises and the company's main front man William J. Bullard were implicated in these documents in serious impropriety related to the looting of USA Capital to the point of forcing it into bankruptcy.
Case 06-10725-lbr Doc 567 Entered 06/09/06 15:29:30 Page 1 of 2 1 Annette W. Jarvis, Utah Bar No. 1649 E-FILED ON JUNE 9, 2006 RAY QUINNEY & NEBEKER P.C. 2 36 South State Street, Suite 1400 P.O. Box 45385 3 Salt Lake City, Utah 84145-0385 4 Telephone: (801) 532-1500 Facsimile: (801) 532-7543 5 Email: email@example.com 6 and Lenard E. Schwartzer 7 Nevada Bar No. 0399 8 Jeanette E. McPherson Nevada Bar No. 5423 9 Schwartzer & McPherson Law Firm 2850 South Jones Boulevard, Suite 1 10 Las Vegas, Nevada 89146-5308 Telephone: (702) 228-7590 SCHWARTZER & MCPHERSON LAW FIRM 11 Facsimile: (702) 892-0122 12 E-Mail: firstname.lastname@example.org Tel: (702) 228-7590 · Fax: (702) 892-0122 Attorneys for Debtors 2850 South Jones Boulevard, Suite 1 13 Las Vegas, Nevada 89146-5308 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA 14 Case Nos. BK-S-06-10725 LBR 15 In re: Case Nos. BK-S-06-10726 LBR USA COMMERCIAL MORTGAGE COMPANY, Case Nos. BK-S-06-10727 LBR 16 Debtor. Case Nos. BK-S-06-10728 LBR 17 In re: Case Nos. BK-S-06-10729 LBR USA CAPITAL REALTY ADVISORS, LLC, 18 Debtor. Chapter 11 In re: 19 DECLARATION IN SUPPORT OF USA CAPITAL DIVERSIFIED TRUST DEED FUND, LLC, 20 EX PARTE APPLICATION FOR Debtor. ORDER SHORTENING TIME TO In re: 21 HEAR MOTION TO REMOVE USA CAPITAL FIRST TRUST DEED FUND, LLC, FERTITTA ENTERPRISES, INC. AS 22 Debtor. MEMBER OF OFFICIAL In re: COMMITTEE OF HOLDERS OF 23 USA SECURITIES, LLC, EXECUTORY CONTRACT RIGHTS 24 Debtor. Affects: (AFFECTS USA COMMERCIAL 25 All Debtors MORTGAGE COMPANY) USA Commercial Mortgage Company 26 USA Securities, LLC Date: OST Requested for June 21, 2006 USA Capital Realty Advisors, LLC Time: OST Requested for 9:30 a.m. 27 USA Capital Diversified Trust Deed Fund, LLC 28 USA First Trust Deed Fund, LLC 1 P:\USA Commercial Mortgage\Pleadings\Remove Committee Member Motion\OST Declaration.doc Case 06-10725-lbr Doc 567 Entered 06/09/06 15:29:30 Page 2 of 2 1 Jeanette E. McPherson, Esq. of Schwartzer & McPherson Law Firm, attorney for the above 2 captioned debtors and debtors in possession (the “Debtor”), under penalties of perjury, hereby 3 declares on this 9th day of June, 2006 that: 4 1. A Motion To Remove Fertitta Enterprises As Member of Official Committee of 5 Holders of Executory Contract Rights (the “Motion”) has been filed. This Motion respectfully 6 requests that the Court order the U.S. Trustee to change the composition of the Executive 7 Contracts Committee (“ECC”) by removing Fertitta Enterprises, Inc., acting through its corporate 8 secretary and treasurer William J. Bullard, as a member of the ECC and appointing a replacement. 9 2. Notice can be shortened pursuant to Bankruptcy Rule 9006(c)(1) and LR 9006(a). 10 3. The Motion is requested to be heard on shortened time because the presence of SCHWARTZER & MCPHERSON LAW FIRM 11 Fertitta Enterprises, Inc. on the Committee may greatly affect the negotiations concerning a plan 12 of reorganization which should take place in July, 2006. Omnibus hearings are currently Tel: (702) 228-7590 · Fax: (702) 892-0122 2850 South Jones Boulevard, Suite 1 13 scheduled in this matter on June 21, 2006 at 9:30 a.m. and the Debtor respectfully requests that the Las Vegas, Nevada 89146-5308 14 Motion be heard on June 21, 2006. Holding a hearing on the Motion at the same time would serve 15 the interests of judicial economy. Further, the next hearing scheduled in this case is not until July 16 25, 2006, well after the time negotiations concerning a plan are anticipated to occur. 17 Dated: June 9, 2006 18 /s/ JEANETTE E. MCPHERSON Lenard E. Schwartzer, Nevada Bar No. 0399 19 Jeanette E. McPherson, Nevada Bar No. 5423 SCHWARTZER & MCPHERSON LAW FIRM 20 2850 South Jones Boulevard, Suite 1 21 Las Vegas, Nevada 89146 22 and 23 Annette W. Jarvis, Utah Bar No. 1649 24 RAY QUINNEY & NEBEKER P.C. 36 South State Street, Suite 1400 25 P.O. Box 45385 Salt Lake City, Utah 84145-0385 26 27 28 2 P:\USA Commercial Mortgage\Pleadings\Remove Committee Member Motion\OST Declaration.doc
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"DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION TO REMOVE FERTITTA ENTERPRISES, INC. AS MEMBER OF OFFICIAL COMMITTEE OF HOLDERS OF EXECUTORY CONTRACT RIGHTS"Please download to view full document