And six years later?
The NorVergence Bankruptcy was filed June 30, 2004 and there are apparently settlements from discovery and other issues, but it continues with recent attorney fees over $4 million, and other costs over $500,000.
"Interim Application for Compensation for J.H. Cohn LLP, Accountant, period: 10/1/2004 to 12/31/2006, fee: $434,557.50, expenses: $4,129.62. filed by Accountant J.H. Cohn LLP,
Compensation for Porzio, Bromberg & Newman, P.C., as Special Litigation Counsel to Charles M. Forman, Chapter 7 Trustee , Special Counsel, period: 10/1/2004 to 10/31/2006, fee: $1,063,445.00, expenses: $45,657.18
Second Interim Application for Compensation for Porzio, Bromberg & Newman, P.C., as Special Litigation Counsel to Charles M. Forman, Chapter 7 Trustee, fees awarded: $1,108,062.97
Order Granting Application for Compensation for J.H. Cohn LLP, fees awarded: $434,557.50, expenses awarded: $4,129.62
FORMAN HOLT ELIADES & RAVIN LLC, Trustee's Attorney, period: 7/14/2004 to 6/30/2007, fee: $677,855.00, expenses: $11,956.61"
Partial list:
February 24, 2010 69 page opinion from Rosemary Gambardella, United States Bankruptcy Judge on Motion to Dismiss Adversary Proceeding:
“CONCLUSION
“For the reasons set forth herein, Defendants' motions to dismiss Count IV, Count V, Count VI and Count VII of the respective Amended Complaints and/or Second Amended Complaints are Denied. The dismissal of the claims filed by newly added Plaintiffs is Denied. Plaintiffs' motion for nunc pro tunc relief to allow the newly added Plaintiffs to remain in the proceedings, as made during the June 2, 2009 hearing, is Granted. The dismissal of the claims of Plaintiffs who have settled with Defendants is denied. The parties are instructed to work together to file any appropriate stipulations of dismissal.
“Defendant Credential's summary judgment motion in Adv. Proc. No. 04-2944 is Denied. Plaintiffs are directed within forty-five (45) days of the date of the Opinion to amend the operative Complaints by providing the necessary information to complete the choice of law analysis as set forth in this Opinion. As to the claims against PCI in Adv. Proc. No. 04-2974, Plaintiffs are directed within forty-five (45) days of the date of this Opinion to seek in the Receivership action leave of the Ohio State Court to proceed with the action here. PCI's motion to dismiss the amended complaint on this basis is held in abeyance until the Ohio Court rules on the motion.*' An Order shall be submitted in accordance with this Opinion.
“ROSEMARY GAMBARDELLA
UNITED STATES BANKRUPTCY JUDGE
“*'As a general matter, Plaintiffs, by their own admission, have not provided copies of ERA's and their assignments connecting all of the Plaintiffs with Defendants in the Adversary Proceedings even though Plaintiffs claim to have them. In the opinion of the Court, a dismissal of the Complaint for a failure to state a claim due to the absence of assignment documents is premature. The Court will be better able to evaluate the sufficiency of the evidence of assignments at the end of the discovery phase.’”
NorVergence BK list of creditors:
http://leasingnews.org/PDF/NorVergence_BK.pdf
NorVergence stories:
http://www.leasingnews.org/Conscious-Top%20Stories/Novergence_main.htm
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