United Western Bancorp Inc (fka UWBKQ)

[Large Green]

***PACER***UWBKQ***NEW FILINGS***


Filing Date # Docket Text
10/17/2016 606
(2 pgs) Notice of Withdrawal of Document Filed by Kimberley Haines Tyson on behalf of Simon E. Rodriguez (related document(s):597 Objection to Claim)... (Tyson, Kimberley) (Entered: 10/17/2016)

10/17/2016 605
(2 pgs) Notice of Withdrawal of Document Filed by Kimberley Haines Tyson on behalf of Simon E. Rodriguez (related document(s):595 Objection to Claim)... (Tyson, Kimberley) (Entered: 10/17/2016)

10/17/2016 604
(2 pgs) Notice of Withdrawal of Document Filed by Kimberley Haines Tyson on behalf of Simon E. Rodriguez (related document(s):593 Objection to Claim)... (Tyson, Kimberley) (Entered: 10/17/2016)

10/14/2016 603
(3 pgs) Response Filed by Maria J. Flora on behalf of BuckleySandler, LLP (related document(s):589 Objection to Claim). (Flora, Maria) (Entered: 10/14/2016)
______________________________________________________
In re: )
)
UNITED WESTERN BANCORP, INC. ) Case No. 12-13815 TBM
EIN: 84-1233716 )
) Chapter 7
Debtor. )
)
RESPONSE TO TRUSTEE’S MOTION FOR ORDER DISALLOWING
BUCKLEYSANDLER, LLP’S PROOF OF CLAIM (CLAIM NO. 32)
BuckleySandler, LLP, by its undersigned counsel, for its response to the Trustee’s
Motion for Order Disallowing BuckleySandler LLC’s Proof of Claim (Claim No. 32) (the
“Claim Objection”), states as follows:
1. In the Claim Objection, the Trustee objects to the allowance of Claim No. 32
“until Claimant returns the $100,000.00 retainer” paid to BuckleySandler LLP pursuant to the
June 25, 2012 Order approving the Debtor’s employment of BuckleySandler LLP for postpetition
legal services because BuckleySandler LLP has yet to file a corresponding fee
application with the Court.
2. The matter of this retainer and the fee application for post-petition legal services
performed for the Chapter 11 estate do not constitute grounds for disallowance of Claim No. 32
pursuant to 11 U.S.C. §502(b). Claim No. 32 is based on services performed for the Debtor prior
to the date of the petition initiating this bankruptcy case. These legal services are separate and
distinct from the services performed post-petition.
3. BuckleySandler LLP is preparing its fee application for post-petition legal
services and will be filing it with the Court when completed. BuckleySandler LLP is
________________________________________________________

endeavoring to complete that application in the reasonably near future and estimates that it will
encompass fees in an amount well in excess of the $100,000 approved retainer. Included in that
fee application will be a request that the firm be permitted to apply the approved retainer to any
fees approved by the Court.
WHEREFORE, BuckleySandler, LLP respectfully requests that the Court deny the Claim
Objection and enter an order allowing Claim No. 32 in full.
Respectfully submitted this 14th day of October, 2016.

MARIA J. FLORA, P.C.

/s/ Maria J. Flora
Maria J. Flora #7198
PO Box 7283
Denver, Colorado 80207
[phone]
[e-mail]
ATTORNEY FOR
BUCKLEYSANDLER LLC
________________________________________________________
CERTIFICATE OF SERVICE
The undersigned certifies that on October 14, 2016, I served by prepaid first class mail a
copy of RESPONSE TO TRUSTEE’S MOTION FOR ORDER DISALLOWING
BUCKLEYSANDLER, LLC’S PROOF OF CLAIM (CLAIM NO. 32) on the following
parties at the following addresses:
Kimberley H. Tyson
Ireland Stapleton Pryor & Pascoe, PC
717 17th Street, Suite 2800
Denver, CO 80202
/s/ Maria J. Flora
For Maria J. Flora, P.C.
______________________________________________________
WITHDRAWAL OF TRUSTEE’S MOTION FOR ORDER DISALLOWING
WILMINGTON TRUST COMPANY, INDENTURED TRUSTEE’S
PROOF OF CLAIM (CLAIM NO. 29)
Simon E. Rodriguez, Chapter 7 Trustee of the Bankruptcy Estate of United Western
Bancorp, Inc. (the “Trustee”) hereby withdraws his Motion for Order Disallowing the Proof of
Claim filed by claimant Wilmington Trust Company, solely in its capacity as Trustee Under
Indenture dated March 28, 2001, governing the 10.18% Junior Subordinated Deferrable Interest
Debentures Due June 8, 2031’s Proof of Claim (Claim No. 29). In support, the Trustee states as
follows:
1. On August 29, 2012, Wilmington Trust Company, solely in its capacity as Trustee
Under Indenture dated March 28, 2001, governing the 10.18% Junior Subordinated Deferrable
Interest Debentures Due June 8, 2031 (“Claimant”) filed Claim No. 29. On September 12, 2016,
the Trustee filed his Objection on the grounds that the claim was subordinate to the unsecured
creditors.
2. The Trustee, through counsel, and Claimant’s counsel have had several discussions
regarding the Objection and subordination provision in the lending documents. In addition,
Trustee’s counsel has reviewed case law, both provided by Claimant’s counsel as well as case law
independently found, which supports Claimant’s interpretation of the subordination provision.
3. Based on this, the Trustee hereby withdraws his objection to Claim No. 29.
Respectfully submitted this 17th day of October, 2016.
IRELAND STAPLETON PRYOR & PASCOE, PC
/s/ Kimberley H. Tyson
Kimberley H. Tyson, #18592
717 17th Street, Suite 2800
Denver, Colorado 80202
Telephone: [phone]; Fax: [phone]
Email: [e-mail]
Attorney for Simon E. Rodriguez, Chapter 7 Trustee
___________________________________________________________
UNITED STATES BANKRUPTCY COURT
DISTRICT OF COLORADO
In re: )
)
UNITED WESTERN BANCORP, INC., ) Case No. 12-13815 TBM
EIN: 84-1233716 ) Chapter 7
)
Debtor. )
WITHDRAWAL OF TRUSTEE’S MOTION FOR ORDER DISALLOWING
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS INDENTURE
TRUSTEE’S PROOF OF CLAIM (CLAIM NO. 3)
Simon E. Rodriguez, Chapter 7 Trustee of the Bankruptcy Estate of United Western
Bancorp, Inc. (the “Trustee”) hereby withdraws his Motion for Order Disallowing the Proof of
Claim filed by claimant Wells Fargo Bank, National Association, as Indenture Trustee (Claim
No. 3). In support, the Trustee states as follows:
1. On May 3, 2012, Wells Fargo Bank, National Association, as Indenture Trustee
(“Claimant”) filed Claim No. 3. On September 12, 2016, the Trustee filed his Objection on the
grounds that the claim was subordinate to the unsecured creditors.
2. The Trustee, through counsel, and Claimant’s counsel have had several discussions
regarding the Objection and subordination provision in the lending documents. In addition,
Trustee’s counsel has reviewed case law, both provided by Claimant’s counsel as well as case law
independently found, which supports Claimant’s interpretation of the subordination provision.
3. Based on this, the Trustee hereby withdraws his objection to Claim No. 3.
Respectfully submitted this 17th day of October, 2016.
IRELAND STAPLETON PRYOR & PASCOE, PC
/s/ Kimberley H. Tyson
Kimberley H. Tyson, #18592
717 17th Street, Suite 2800
Denver, Colorado 80202
Telephone: [phone]; Fax: [phone]
Email: [e-mail]
Attorney for Simon E. Rodriguez, Chapter 7 Trustee
________________________________________________________
UNITED STATES BANKRUPTCY COURT
DISTRICT OF COLORADO
In re: )
)
UNITED WESTERN BANCORP, INC., ) Case No. 12-13815 TBM
EIN: 84-1233716 ) Chapter 7
)
Debtor. )
WITHDRAWAL OF TRUSTEE’S MOTION FOR ORDER DISALLOWING
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS INDENTURE
TRUSTEE’S PROOF OF CLAIM (CLAIM NO. 2)
Simon E. Rodriguez, Chapter 7 Trustee of the Bankruptcy Estate of United Western
Bancorp, Inc. (the “Trustee”) hereby withdraws his Motion for Order Disallowing the Proof of
Claim filed by claimant Wells Fargo Bank, National Association, as Indenture Trustee (Claim
No. 2). In support, the Trustee states as follows:
1. On May 3, 2012, Wells Fargo Bank, National Association, as Indenture Trustee
(“Claimant”) filed Claim No. 2. On September 12, 2016, the Trustee filed his Objection on the
grounds that the claim was subordinate to the unsecured creditors.
2. The Trustee, through counsel, and Claimant’s counsel have had several discussions
regarding the Objection and subordination provision in the lending documents. In addition,
Trustee’s counsel has reviewed case law, both provided by Claimant’s counsel as well as case law
independently found, which supports Claimant’s interpretation of the subordination provision.
3. Based on this, the Trustee hereby withdraws his objection to Claim No. 2.
Respectfully submitted this 17th day of October, 2016.
IRELAND STAPLETON PRYOR & PASCOE, PC
/s/ Kimberley H. Tyson
Kimberley H. Tyson, #18592
717 17th Street, Suite 2800
Denver, Colorado 80202
Telephone: [phone]; Fax: [phone]
Email: [e-mail]
Attorney for Simon E. Rodriguez, Chapter 7 Trustee