10000001229

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10000001229

  1. 1. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWAREIn re ) Chapter 11 )CORDILLERA GOLF CLUB, LLC, ) Case No. 12-11893 (CSS)d/b/a The Club at Cordillera, ) ) (Joint Administration Pending) Debtors. ) Hearing Date: July 16, 2012 at 10:00 a.m. ) Related to 69, 77, 78, 95, 117 and 118 JOINDER OF DAVID A. WILHELM TO OBJECTION OF DEBTOR TO (I) MOTIONOF CHERYL M. FOLEY, THOMAS WILNER, JANE WILNER, CHARLES JACKSON, MARY JACKSON AND KEVIN B. ALLEN, INDIVIDUALLY AND AS REPRESENTATIVES OF A CERTIFIED CLASS OF MEMBERS, TO TRANSFER VENUE (D.I. 69), (II) MOTION OF CORDILLERA PROPERTY OWNERS ASSOCIATION, INC. AND CORDILLERA METROPOLITAN DISTRICT TOTRANSFER VENUE TO COLORADO AND JOINDER IN THE MOTION OF CHERYL M. FOLEY, THOMAS WILNER, JANE WILNER, CHARLES JACKSON, MARY JACKSON AND KEVIN B. ALLEN, INDIVIDUALLY AND AS REPRESENTATIVESOF A CERTIFIED CLASS OF MEMBERS, TO TRANSFER VENUE (D.I. 78), AND (III) JOINDERS OF ALPINE BANK IN VENUE TRANSFER MOTIONS (D.I. 77 & 95) David A. Wilhelm, by and through his undersigned counsel, hereby submits this joinderin the objection (D.I. 118) (the “Objection”) of Cordillera Gold Club, LLC, debtor and debtor-in-possession (the “Debtor”), to: (i) the Motion of Cheryl M. Foley, Thomas Wilner, Jane Wilner,Charles Jackson, Mary Jackson And Kevin B. Allen, Individually And As Representatives Of ACertified Class Of Members, To Transfer Venue (D.I. 69); (ii) the Motion Of Cordillera PropertyOwners Association, Inc. And Cordillera Metropolitan District To Transfer Venue To ColoradoAnd Joinder In The Motion Of Cheryl M. Foley, Thomas Wilner, Jane Wilner, Charles Jackson,Mary Jackson And Kevin B. Allen, Individually And As Representatives Of A Certified Class OfMembers, To Transfer Venue (D.I. 78); and (iii) Joinders Of Alpine Bank In Venue TransferMotions (D.I. No. 77 and 95) (collectively, the “Venue Transfer Requests”). Mr. Wilhelm joinsin and incorporates by reference the arguments presented in the Debtor’s Objection, and insupport, states as follows:DM32236792.1
  2. 2. 1. Mr. Wilhelm is a substantial equity owner in the Debtor and also holds a securedclaim against the Debtors in the approximate amount of $7,000,000. 2. For the reasons set forth in the Debtors’ Objection, Mr. Wilhelm opposes transferof venue of this case from Delaware and respectfully submits that the interests of the Debtor, itsestate, its creditors and other parties in interest are best served by this Court retaining venue ofthis case. WHEREFORE, Mr. Wilhelm, joins in the Debtor’s Objection and respectfully requeststhat the requests that the Venue Transfer Requests be denied and that the Court grant such otherand further relief to the Debtor and Mr. Wilhelm as is just and equitable.Dated: July 11, 2012 DUANE MORRIS LLP /s/ Richard W. Riley Richard W. Riley (No. 4052) 222 Delaware Avenue, Suite 1600 Wilmington, DE 19801-1659 Telephone: (302) 657-4900 Facsimile: (302) 657-4901 E-Mail: rwriley@duanmorris.com and James J. Holman (No. 5617) Duane Morris LLP 30 South 17th Street Philadelphia, PA 19103-4196 Telephone: (215) 979-1530 Facsimile: (215) 689-2562 E-mail: jjholman@duanemorris.com Counsel to David A. Wilhelm 2DM32236792.1

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