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IN RE ASHINC CORP.

Case No. 12-11564 (CSS) (Jointly Administered) Adv. Pro. No. 13-50530 (CSS), Adv. Pro. No. 14-50971 (CSS).

640 B.R. 1 (2022)

IN RE: ASHINC CORPORATION, et al., Debtors. Catherine E. Youngman, Litigation Trustee for ASHINC Corporation, et al., as Successor to the Official Committee of Unsecured Creditors of Ashinc Corporation, and Its Affiliated Debtors, Plaintiff, BDCM Opportunity Fund II, LP, Black Diamond CLO 2005-1 Ltd., and Spectrum Investment Partners, L.P., Intervenors, v. Yucaipa American Alliance Fund I, L.P., and Yucaipa American Alliance (Parallel) Fund I, L.P., Defendants. Catherine E. Youngman, Litigation Trustee for Ashinc Corporation, et al., as Successor TO BDCM Opportunity Fund II, LP, Black Diamond CLO 2005-1 Ltd., Spectrum Investment Partners, L.P., Black Diamond Commercial Finance, L.L.C., as co-administrative agent, and Spectrum Commercial Finance LLC, as co-administrative agent, Plaintiff, v. Yucaipa American Alliance Fund I, L.P., and Yucaipa American Alliance (Parallel) Fund I, L.P., Defendants.

United States Bankruptcy Court, D. Delaware.

Signed May 2, 2022.

Attorney(s) appearing for the Case

Seth A. Niederman, Fox Rothschild LLP, Wilmington, DE, Adam G. Landis, Kerri K. Mumford, Landis Rath & Cobb LLP, Wilmington, DE, Learon John Bird, Stoel Rives, LLP, Portland, OR, for Plaintiff.

Laurel D. Roglen, Ballard Spahr LLP, Wilmington, DE, Laura Davis Jones, Peter J. Keane, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE, David M. Bertenthal, Pachulski Stang Ziehl & Jones LLP, San Francisco, CA, Patricia L. Glaser, Gali Grant, Matthew Bernstein, Glaser Weil Fink Howard Avchen & Shapiro, Los Angeles, CA, for Defendant.

"How did you go bankrupt?" Bill asked.

"Two ways," Mike said. "Gradually and then suddenly."

Ernest Hemingway, The Sun Also Rises

At 5:45 pm on May 17, 2012, BD/S filed an involuntary Chapter 11 petition against Allied.1 It was a sudden...

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