I am not doing a lot. I am retired. Doing a bit of share trading and own a bit of real estate.
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NOTICE has been mailed out to all interested parties that SPARKS has applied for his money for representing CDEX in the Chap 11 bankrupture.
EXCEPT MP. He didnt get mailed one. But I spec he got one anyhoo.
SOONs the JEDGE says OK..SPARKY will get paid if CDEX has the bread.
Seems that the MMs are dreamers as well as traders.They want seventy five cents per share and will pay you three for yours.
So far no takers either way.
I am not gonna do a blow by blow..but they uppeed the bid to .09 already.
Seems that there is nothing going on at CDEX to post about. So until something does go on, I quit. "PLUMA CALLE" keeps posting and saying nothing. I will let him post to himself.
If there is anything more from the BK court, I will post it and comment as usual. Otherwise, it seems to have all been said, CDEX is dead as a week old mackeral drying in a garbage heap.
The FAT LADY is gagging at the stink and cannot do but hum. Who blames her??
I have heard that CDEX is answering phones. I doubt that answering phones will net them much. Anyway who cares if they are or not?
THE "diary" published by SPARKS does not show any brilliance by JB.
On the contrary, JB tried to get the judge to give him a bunch of money prematurely, wasting his attys time which would have been better spent moving the case forward.
His mishandling of RYLES also slowed things down.
HIS CHAP 7 also.
Without STEWART and his group..there would have been no chance.
DON't matter when. Matters only HOW..the HOW was determinded by M<P. THE WHO also.
Si AMANITA...
Which was why I posted the detailed bill with dates and all verbatim. I figgered that you et al might get a bit curious and start checking dates and sturff against otra stories told by el senor pluma and such liars.
It is sorta like a detailed history. Dates and all. I would like to hire that bookeeper if I ever go into bidness again.
CDEX chap 11 was surely begun with inquiries to Lawyers well before it was decided to go. MPs so called reluctance and refusal was no doubt pre-planned.
NOTICE TO FILE OBJECTIONS< IF ANY............
Eric Slocum Sparks
Arizona State Bar No. 11726
LAW OFFICES OF ERIC SLOCUM SPARKS, P.C.
110 South Church Avenue #2270
Tucson, Arizona 85701
Telephone (520) 623-8330
Facsimile (520) 623-9157
law@ericslocumsparkspc.com
eric@ericslocumsparkspc.com
Attorney for Debtor
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
In re: ))
CDEX INC, ) Case No. 4:12-bk-02402-JMM
))
Chapter 11
)
Debtor. ) NOTICE OF FILING
) FIRST APPLICATION
) FOR ALLOWANCE OF COMPENSATION
) AND REIMBURSEMENT OF EXPENSES
) OF ERIC SLOCUM SPARKS, P.C.
) AND
) OPPORTUNITY TO OBJECT
______________________________)
TO: ALL PARTIES IN INTEREST AND ATTORNEYS OF RECORD:
NOTICE IS HEREBY GIVEN that the Law Offices of Eric Slocum
Sparks, P.C. has filed an Application with this Court requesting
approval and payment of attorney’s fees in the amount of $64,224.00
and costs in the amount of $7,679.75 for a total amount of $71,903.75
for the period of time from January 2012 through September 28, 2012.
NOTICE IS FURTHER GIVEN that for further particulars of the
Application, a copy is on file with the Clerk of the Bankruptcy Court
or a copy may be requested from Eric Slocum Sparks. Pursuant to Local
Bankruptcy Rule 4001, any creditor or party in interest desiring to
object to the Application is required to file a written objection with
Case 4:12-bk-02402-JMM Doc 141 Filed 10/03/12 Entered 10/03/12 14:19:16 Desc
Main Document Page 1 of 2
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the Clerk of the Bankruptcy Court and a copy served on the Applicant,
within 10 days of the date of this notice. The applicant’s address
is:
Eric Slocum Sparks, Esq.
110 South Church Avenue, #2270
Tucson, Arizona 85701
If no objections are timely filed, the Court may enter an Order
approving the application without further hearing.
DATED: October 3, 2012.
LAW OFFICES OF
ERIC SLOCUM SPARKS, P.C.
/s/ Sparks AZBAR #11726
Eric Slocum Sparks
Attorney for Debtor
Copies of the foregoing
mailed October 3, 2012 to:
United States Trustee
230 N. First Ave. #204
Phoenix, AZ 85003
All parties in interest and
creditors on the master
mailing matrix
/s/ L. Anderson
Case 4:12-bk-02402-JMM Doc 141 Filed 10/03/12 Entered 10/03/12 14:19:16 Desc
Main Document Page 2 of 2
ASSUMING THAT SPARKS W/O much doubt spent hours THINKING about the case that is not detailed..nor charged..and that he had his people running around a lot getting ready for this and that it seems to me that he could have charged more.
NOTE that he states elsewhere that he did not get any money from third parties.
Although his efforts for his client was really in support of an obvious SCAM... He had no charter in regards to that. His charter was to represent his client within the BK laws.
Also note that a lot of his charges are for out of pocket expenses paid by his firm.
BILL FROM SPARKS. DETAILED IN GREAT DETAIL below. That detail is perhaps more than one wants to know. But it is a good picture of what went down. SPARKS did a good job for his client..and maybe deserves more. Compared with he small amount done by OHARA..and her compensation..it does appear that he was underpaid. ASSUMING THAT THE JUDGE APPROVES...
LAW OFFICES OF
ERIC SLOCUM SPARKS, P.C.
110 South Church Avenue, #2270
Tucson, AZ 85701
CDEX, Inc.
September 28, 2012
Invoice submitted to:
Invoice #10003
Professional Services
Hrs/Rate Amount
1/19/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with S. McCommon, emails on case
1/31/2012 ESS Time 0.10 35.00
350.00/hr
Case Admin.
Telephone call to J. Brumfield
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Emails with S. McCommon on UCC issues, AZ, NV, & NY. Check
on same
ESS Time 1.00 350.00
350.00/hr
Case Admin.
Meeting with J. Brumfield and Robert Fee, Esq. on case.
2/1/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with J. Brumfield on case
ESS Time 0.60 210.00
350.00/hr
Case Admin.
Review petition, schedules on corp resolution. Send to McCommon
2/2/2012 ESS Time 0.70 245.00
350.00/hr
Case Admin.
Emails with M. O'Hara, Esq on notes, expenses and case. Review
on same
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 1 of 39
CDEX, Inc. Page 2
Hrs/Rate Amount
2/2/2012 ESS Time 0.20 70.00
350.00/hr
Case Admin.
Emails and teleconf. with B. Fee, Esq on filing issues
2/3/2012 LGLA Time 0.15 13.50
90.00/hr
Case Admin.
Emails with S. McCommon on board resolution.
2/5/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Emails with Jeff on documents for filing.
2/6/2012 LGLA Time 1.60 144.00
90.00/hr
Case Admin.
Preparation of Petition, schedules and statements.
2/7/2012 LGLA Time 2.20 198.00
90.00/hr
Case Admin.
Continued prep of schedules and statements for filing.
ESS Time 0.70 245.00
350.00/hr
Case Admin.
Review prod line and tech information from S. McCommon. Emails
with Steve
ESS Time 0.80 280.00
350.00/hr
Case Admin.
Emails on company products with S. McCommon on background.
Review other emails with S. McCommon. Emails with Jeff and Cory
on conversion
ESS Time 1.25 437.50
350.00/hr
Case Admin.
Meeting with J. Brumfield on schedule review.
LGLA Time 0.50 45.00
90.00/hr
Case Admin.
Numerous emails with clients, bank on trust account, wire
instructions.
2/8/2012 LGLA Time 0.25 22.50
90.00/hr
Case Admin.
Telephone call with Steven & Jeff
LGLA Time 3.50 315.00
90.00/hr
Case Admin.
Preparation of changes to petition, schedules.
ESS Time 0.50 175.00
350.00/hr
Case Admin.
Emails with M. O'Hara, Esq. Teleconf. with Jeff B on expense
issues to run company
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 2 of 39
CDEX, Inc. Page 3
Hrs/Rate Amount
2/8/2012 LGLA Time 0.30 27.00
90.00/hr
Case Admin.
Multiple emails with clients on wire funds and schedules info.
2/9/2012 LGLA Time 1.30 117.00
90.00/hr
Case Admin.
Make further changes to schedules
LGLA Time 0.60 54.00
90.00/hr
Case Admin.
Telephone call on document questions and changes on paperwork
ESS Time 0.30 105.00
350.00/hr
Creditors
Teleconf. with Jeff. Emails on threats from Phillips
LGLA Time 0.10 9.00
90.00/hr
Case Admin.
Emails with clients and bank on no wire funds.
ESS Time 0.20 70.00
350.00/hr
Case Admin.
Emails with S. McCommon and J. Brumfield on Sch. B and E
changes - 6 pages.
2/10/2012 LGLA Time 1.80 162.00
90.00/hr
Case Admin.
Finalize & file petition, schedules, statements and other
requirements.
ESS Time 0.30 105.00
350.00/hr
Creditors
Teleconf. with J. Brumfield on creditor issues
ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Emails with Mary & Jeff on funding agreement. Review on same
and F. Wren question
LGLA Time 0.25 22.50
90.00/hr
Case Admin.
Review date and time for 341 meeting of creditors. Contact UST
for verification of time.
LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Emails with bank on wire funds. Emails with UST on interview,
initial documents.
ESS Time 0.40 140.00
350.00/hr
Case Admin.
Emails on rent and other issues. Review 8K for Steve
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 3 of 39
CDEX, Inc. Page 4
Hrs/Rate Amount
2/12/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with J. Brumfield on board resolution
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with S. McCommon on case
2/13/2012 LGLA Time 0.35 31.50
90.00/hr
Case Admin.
Draft & file bar date motion and form of order.
ESS Time 0.20 70.00
350.00/hr
Case Admin.
Emails on SEC counsel Sarah Moyed, Esq. on filing issue
LGLA Time 0.40 36.00
90.00/hr
Fee/Employ App.
Draft and file application, affidavit and form of order to employ ESS.
ESS Time 0.60 210.00
350.00/hr
Creditors
Multiple emails with S. McCommon on notice of default by M.
Philips, law issues. Review same.
ESS Time 0.80 280.00
350.00/hr
Creditors
Email from client, Gemini on filing of case. Email from Stephen on
product emphasis, review same. Look at web site.
2/14/2012 LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Review revised time of 341 meeting filed by UST.
LGLA Time 0.10 9.00
90.00/hr
Case Admin.
Emails with bank on CTA.
ESS Time 0.30 105.00
350.00/hr
Creditors
Email to Jeff on not signing Gemini agreement. Review agreement.
ESS Time 0.20 70.00
350.00/hr
Creditors
Email on Pluritas, LLC on tech issues. Copy client.
2/15/2012 ESS Time 0.50 175.00
350.00/hr
Case Admin.
Teleconf. with S. Moyed, Esq. on case. Email with client
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 4 of 39
CDEX, Inc. Page 5
Hrs/Rate Amount
2/15/2012 LGLA Time 0.80 72.00
90.00/hr
Bus. Op.
Preparation of and file amended 20 largest unsecured creditors
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with SEC counsel, S. Moyed, Esq on loan issues
2/16/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with Jeff & Steve on case
ESS Time 0.20 70.00
350.00/hr
Case Admin.
Review notice of appearance filed by E. Amorosi, Esq. for UST.
2/17/2012 LGLA Time 0.40 36.00
90.00/hr
Case Admin.
Telephone call with client on 20 largest amendment
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Emails with Jeff on schedule changes, meeting with trustee,
insurance, other issues. Email on Gemini - Winters to review.
2/19/2012 ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Emails and teleconf with M. O'Hara, Esq on loan to entity
2/20/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Email with S. McCommon on 341 meeting of creditors and missing
documents.
2/21/2012 ESS Time 0.20 70.00
350.00/hr
Fee/Employ App.
Review order approving employment.
ESS Time 0.20 70.00
350.00/hr
Case Admin.
Review case management order filed by court. Deadlines set.
2/22/2012 ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Emails and phone call with client on paying bills, insurance
cancellation.
2/23/2012 LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Prepare ECF decl and TIN decl. File with court.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 5 of 39
CDEX, Inc. Page 6
Hrs/Rate Amount
2/23/2012 ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Emails, teleconf with Steve on cancellation of health insurance,
other issues.
2/24/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Emails with Stephen on retainer funds, monies in trust account.
2/25/2012 LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Emails with bank on documentation of wire transfer.
ESS Time 0.70 245.00
350.00/hr
Disc./Plan
Emails with client on company info for disclosure statement.
Review web pages for same. Emails with M. O'Hara, Esq. on SEC,
investor size and money.
2/27/2012 ESS Time 0.20 70.00
350.00/hr
Creditors
Review order setting bar date for claims.
ESS Time 0.20 70.00
350.00/hr
Creditors
Review notice of appearance of R. Charles, Esq. for Gemini. Copy
to client.
LGLA Time 0.10 9.00
90.00/hr
Case Admin.
Emails with Michele at bank on account.
ESS Time 1.10 385.00
350.00/hr
Case Admin.
Emails to and from M. O'Hara, Esq. on new investors. Emails with
Jeff and Stephen on product lines - markets and investor list.
Discussion with clients on motions to be filed.
2/28/2012 LGLA Time 1.10 99.00
90.00/hr
Creditors
Prepare notice of bar date for claims. File with court. Notice to
creditors.
ESS Time 0.20 70.00
350.00/hr
Creditors
Review notice of appearance of Brian Laird, Esq. for J. Ryles. Copy
to client.
2/29/2012 ESS Time 0.70 245.00
Emails with R. Stewart, investors, shareholders.(.1) Teleconf with 350.00/hr
same.(.3) Emails with Stephen, Mary, Jeff on meeting on SEC
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 6 of 39
CDEX, Inc. Page 7
Hrs/Rate Amount
Creditors
issues.(.1) Teleconf with Gemini counsel.(.2)
3/1/2012 ESS Time 0.60 210.00
350.00/hr
Case Admin.
Emails with M. O'Hara, Esq. on money in accounts and from whom.
3 emails from Stewart on schedules.
ESS Time 0.50 175.00
350.00/hr
Case Admin.
Emails to and from Jeff Brumfield on salaries, other expenses, new
money issues and participant UST requested SEC.
3/2/2012 ESS Time 1.50 525.00
350.00/hr
Case Admin.
Meeting with clients on case status, prep for 341 meeting. Discuss
DIP funds.
ESS Time 0.20 70.00
350.00/hr
Case Admin.
Emails with M. O'Hara, Esq. on 10 Q issues on Bk risk issues.
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Review 10 Q. Emails with S. McCommon on money issues.
3/3/2012 ESS Time 0.40 140.00
350.00/hr
Case Admin.
Emails with Jeff on service K on Val 6-4. Review same. 3
attachments.
3/4/2012 ESS Time 0.30 105.00
350.00/hr
Creditors
Email and teleconf with R. Stewart on missing assets on schedules.
Email to clients on same.
3/5/2012 ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Email with Jeff on Baxa funds, releasing. Email from Dave Runnick.
3/6/2012 ESS Time 0.35 122.50
350.00/hr
Creditors
Email from Jeff on J. Motta, Esq. new money, senior note holder.
Teleconf with Joe on hearings. Email to Mary on same.
3/8/2012 ESS Time 1.50 525.00
350.00/hr
Case Admin.
Meeting with clients.(.5) Attend 341 meeting of creditors.(1.0)
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 7 of 39
CDEX, Inc. Page 8
Hrs/Rate Amount
3/8/2012 ESS Time 0.35 NO CHARGE
350.00/hr
Case Admin.
Emails with L. Korklan, Esq. and M. Popovich at UST on list of 20
largest unsecured creditors. Teleconf with Lorraine on same.
ESS Time 0.25 87.50
350.00/hr
Fee/Employ App.
Emails with M. O'Hara, Esq. on representation letter for court as
special counsel
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Emails with Steve and Jeff on paying on going expenses, E&O. No
secured creditors, what money is question.
ESS Time 0.20 70.00
350.00/hr
Bus. Op.
Emails with M. O'Hara, Esq. on money being held $400,000. Baxa
wants money back.
3/9/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with J. Brumfield on status
LGLA Time 0.30 27.00
90.00/hr
Case Admin.
Email to client on account balance. Teleconf with bank on same.
ESS Time 0.20 70.00
350.00/hr
Case Admin.
3 emails from Stephen McCommon on paying pre petition creditors
and insurance issues.
3/12/2012 LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Prepare certificate of mailing on bar date notice.
LGLA Time 0.30 27.00
90.00/hr
Case Admin.
Multiple emails with J. Brumfield, M. O'Hara, Esq. on teleconf. time
for discussion on case.
3/13/2012 ESS Time 1.20 420.00
350.00/hr
Creditors
Teleconf. with investors and questions
ESS Time 0.25 87.50
350.00/hr
Creditors
Pre teleconference on investors with Jeff.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 8 of 39
CDEX, Inc. Page 9
Hrs/Rate Amount
3/13/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf with clients on case, new money, etc.
ESS Time 0.20 70.00
350.00/hr
Case Admin.
Email to Stephen and Jeff on conference call and ATT client issues.
3/14/2012 ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Teleconf. with S. Moyed, Esq on how solicited, use of proceeds,
names, number of investors and other issues
ESS Time 0.50 175.00
350.00/hr
Creditors
Prepare motion to return funds held in escrow account.
LGLA Time 0.30 27.00
90.00/hr
Creditors
Prepare motion to expedite hearing on return of escrow funds. File
with court.
3/15/2012 LGLA Time 0.60 54.00
90.00/hr
Bus. Op.
Redact monthly operating reports. Calls on questions on same
ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Review new 10-Q. Emails with clients on case.
3/16/2012 LGLA Time 0.30 27.00
90.00/hr
Creditors
Prepare and file exhibit to motion to return escrow funds.
ESS Time 0.40 140.00
350.00/hr
Creditors
Review emails on Baxa issue and others. Review Baxa letter on
release of money.
3/17/2012 ESS Time 0.20 70.00
350.00/hr
Fee/Employ App.
Emails on rep letters - Mary O'Hara, Esq. Employ same.
3/19/2012 LGLA Time 1.00 90.00
90.00/hr
Fee/Employ App.
Prepare Special counsel employment documents(.5). Call & email
with M. O'Hara, Esq.(.25). Motion for expedited hearing(.25)
LGLA Time 1.00 90.00
Teleconf with court on hearing date(.2). Prepare notice of 90.00/hr
emergency hearing on return of escrow funds(.25). Notice to
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 9 of 39
CDEX, Inc. Page 10
Hrs/Rate Amount
Creditors
creditors.(.75)
3/19/2012 ESS Time 0.30 105.00
350.00/hr
Fee/Employ App.
3 emails with M. O'Hara, Esq. on fees and costs.
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Read client letter to Judge - NO. Info on Valmed 64.
ESS Time 0.20 70.00
350.00/hr
Creditors
Email from R. Briggs on claims. Advance Photo.com Copy client.
ESS Time 0.10 35.00
350.00/hr
Bus. Op.
Email with Jeff on new money issues.
3/20/2012 LGLA Time 2.25 202.50
90.00/hr
Bus. Op.
Draft emergency motion to Obtain DIP financing(1.35), motion to
expedite hearing,(.3) form of order on same(.2). Prepare notice of
hearing(.2). Teleconf with court on hearing date(.2).
LGLA Time 0.50 45.00
90.00/hr
Fee/Employ App.
Finalize motion, affidavit and form of order to employ Mary O'Hara,
Esq. as special counsel for debtor. Emails with Mary on same. File
with court.
ESS Time 0.20 70.00
350.00/hr
Bus. Op.
Emails with Jeff on new money investors, hearing.
ESS Time 0.50 175.00
350.00/hr
Bus. Op.
Review and revise motions for financing, emergency hearing.
3/21/2012 LGLA Time 1.75 157.50
90.00/hr
Bus. Op.
Prepare POC letter to creditor(.3). Draft declaration for DIP
financing motion(1.1). Call to J. Brumfield(.35)
LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Prepare certificate of mailing on hearing notice.
ESS Time 0.50 175.00
350.00/hr
Bus. Op.
Review response filed by Gemini on DIP financing. Copy to client.
Teleconf with J. Sklar, Esq. on same.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 10 of 39
CDEX, Inc. Page 11
Hrs/Rate Amount
3/21/2012 ESS Time 0.35 122.50
350.00/hr
Bus. Op.
Review objection to DIP financing filed by UST. Copy to client.
ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Emails with Jeff on changes to motion to use money. Email Mary
on conversion of loans to equity.
ESS Time 0.35 122.50
350.00/hr
Bus. Op.
Review and revise declaration of J. Brumfield.
3/22/2012 LGLA Time 1.00 90.00
90.00/hr
Bus. Op.
Prepare & file response to UST motion
ESS Time 0.30 105.00
350.00/hr
Creditors
Teleconf. with S. Clark on getting paid
ESS Time 1.85 647.50
350.00/hr
Bus. Op.
Review objections, prepare for hearing(.75) Meeting with clients on
DIP financing(.35) Attend telephonic hearing on DIP financing.(.75)
ESS Time 0.20 70.00
350.00/hr
Bus. Op.
Review joinder by Ryles to objection by UST to DIP financing. Copy
to client.
LGLA Time 0.35 31.50
90.00/hr
Creditors
Review notice of appointment of unsecured creditors committee.
Copy to client. Add to notice parties.
ESS Time 1.40 490.00
350.00/hr
Creditors
Emails to R. Charles, Esq. on fundraiser - 800,000, Gemini issues,
Emails on teleconf with Gemini atty, Emails from Jeff on Philips,
UST and Gemini, investor base. 19 emails.
3/23/2012 ESS Time 0.20 70.00
350.00/hr
Bus. Op.
Review order setting expedited hearing.
ESS Time 0.20 70.00
350.00/hr
Fee/Employ App.
Review order approving employment of M. O'Hara, Esq. Copies to
parties.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 11 of 39
CDEX, Inc. Page 12
Hrs/Rate Amount
3/25/2012 ESS Time 0.00 NO CHARGE
350.00/hr
Bus. Op.
Email from M. O'Hara, Esq. on escrow acct and Joe Motta issues.
3/26/2012 LGLA Time 0.20 18.00
90.00/hr
Creditors
Review amended creditors committee. Copy to client.
3/27/2012 LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Prepare certificate of mailing for emergency hearing notice. File
with court.
ESS Time 0.40 140.00
350.00/hr
Case Admin.
Emails to and from J. Brumfield and S. McCommon on investors,
new money. Emails from SEC atty, Sarah Moyed, Esq. on info
requested. Teleconf with clients on issues in case.
3/29/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with M. O'Hara, Esq on case
ESS Time 0.30 105.00
350.00/hr
Creditors
Teleconf. with J. Motta, Esq. on creditors committee
LGLA Time 0.20 18.00
90.00/hr
Bus. Op.
Emails with clients on hearings and objections to motion for DIP
funds.
ESS Time 0.60 210.00
350.00/hr
Bus. Op.
Review emails from Jeff on SEC issues, production requests from
SEC, cash flow projections, Emails with M. Philips on requests.
3/30/2012 ESS Time 0.20 70.00
350.00/hr
Creditors
Review notice of appearance filed by Sarah Moyed, Esq. of the
SEC. Copy to client.
ESS Time 0.60 210.00
350.00/hr
Case Admin.
3 emails from S. Moyed, Esq. on general product questions, SEC
issues, disclosure issues.
3/31/2012 ESS Time 0.50 175.00
350.00/hr
Case Admin.
6 emails from M. O'Hara, Esq. on SEC issues, brief, notice list, list
of new money investors.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 12 of 39
CDEX, Inc. Page 13
Hrs/Rate Amount
4/2/2012 LGLA Time 2.25 202.50
90.00/hr
Bus. Op.
Draft supplemental response to UST objection to DIP financing.
LGLA Time 0.75 67.50
90.00/hr
Case Admin.
Prepare amended Schedules B, E and F and SofA. File with Court.
ESS Time 1.25 437.50
350.00/hr
Bus. Op.
Prepare for expedited hearing on motion to return escrow
funds.(.75) Attend hearing.(.5)
LGLA Time 0.10 9.00
90.00/hr
Bus. Op.
Emails with Stephen on hearing date and time.
ESS Time 0.30 105.00
350.00/hr
Creditors
Emails with Gemini counsel. Teleconf with S. Moyed, Esq. SEC
ESS Time 1.30 455.00
350.00/hr
Bus. Op.
Review Mary's response to UST objections, Gemini responses and
SEC issues, 23 emails on use of money issues.
4/3/2012 LGLA Time 1.75 157.50
90.00/hr
Bus. Op.
Continue work on supplemental response to UST's objection to
DIP financing.
ESS Time 1.20 420.00
350.00/hr
Bus. Op.
13 emails L. Watson, Esq. on expenses, income, operations, etc.
S.McCommon responses, M. O'Hara, Esq. on warrant issues.
4/4/2012 LGLA Time 1.65 148.50
90.00/hr
Bus. Op.
Revise UST objection response(.5). Phone call with SEC
counsel(.3). File response documents(.3). Teleconf with court on
hearing change.(.25) Notify parties of change.(.25)
LGLA Time 0.50 45.00
90.00/hr
Case Admin.
Phone call with S. McCommon, questions on filing claims, etc.
Emails on same
ESS Time 0.75 262.50
350.00/hr
Bus. Op.
Review and revise supplemental response to UST's objection on
DIP financing.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 13 of 39
CDEX, Inc. Page 14
Hrs/Rate Amount
4/4/2012 ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Review supplemental response to DIP financing filed by Gemini.
Copy to client.
LGLA Time 0.10 9.00
90.00/hr
Bus. Op.
Emails with clients on hearing, change in time.
ESS Time 1.30 455.00
350.00/hr
Bus. Op.
15 emails with L. Watson, Esq. on response filed, review response
for hearing on same, SEC atty, Moyed concerns.
4/5/2012 LGLA Time 0.30 27.00
90.00/hr
Case Admin.
Preparation documents and exhibits for hearing on DIP financing.
ESS Time 0.35 122.50
350.00/hr
Bus. Op.
Review UST response on debtor's reply on DIP financing. Copy to
client.
ESS Time 1.50 525.00
350.00/hr
Bus. Op.
Prepare for hearing on DIP financing, review objections, responses.
(1.0) Attend hearing. (.5)
LGLA Time 0.10 9.00
90.00/hr
Fee/Employ App.
Email from T. Casey re: B. Fee, Esq. employment. Forward to
Lenora.
ESS Time 0.50 175.00
350.00/hr
Bus. Op.
14 emails on restructure of admin funds, hearing before the court,
deposition of Jeff issues, UST.
ESS Time 0.40 140.00
350.00/hr
Lift Stay/Lit.
Emails from B. Laird, Esq. on demand for production, read and
send 6 pages of emails to client.
4/6/2012 LGLA Time 0.20 18.00
90.00/hr
Lift Stay/Lit.
Emails with B. Laird, Esq. on deposition dates.
ESS Time 0.40 140.00
350.00/hr
Creditors
5 emails with B. Laird, Esq., Ch. 7 trustee counsel, Lewin on issues.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 14 of 39
CDEX, Inc. Page 15
Hrs/Rate Amount
4/7/2012 ESS Time 0.40 140.00
350.00/hr
Creditors
Emails with Jeff on Ch. 7 TTE issues, shares, etc., new money.
4/9/2012 ESS Time 0.20 NO CHARGE
350.00/hr
Creditors
Review amended notice of appearance filed by S. Moyed, Esq.
ESS Time 0.70 245.00
350.00/hr
Disc./Plan
9 emails - M. O'Hara on SEC issues, letter from CDEX supporters,
loan issues for plan, note.
4/10/2012 ESS Time 1.50 525.00
350.00/hr
Creditors
Teleconf. with Jerr on Lewin, Esq. (.3) Teleconf with L. Watson,
Esq. (.3) Review comments and letters on Lewin converting
notes(.3) 9 emails on L. Watson, Esq. - plan forecast, etc.(.6)
4/11/2012 ESS Time 0.40 140.00
350.00/hr
Bus. Op.
Review cash flow projections, stip for plan issues x2, emails and
charts.
4/12/2012 LGLA Time 0.10 9.00
90.00/hr
Case Admin.
Email to S. McCommon on def. comp.
ESS Time 0.10 35.00
350.00/hr
Bus. Op.
Emails with S. McCommon on equipment value.
4/13/2012 ESS Time 0.10 35.00
350.00/hr
Bus. Op.
Emails to and from Jeff on liens on equipment, value issues for plan.
4/16/2012 LGLA Time 2.25 202.50
90.00/hr
Disc./Plan
Draft disclosure statement(1.45). Phone call with S.
McCommon(.3). Meeting with ESS & KH(.5)
4/17/2012 ESS Time 0.60 210.00
350.00/hr
Creditors
Emails from Steve and Jeff on senior note treatment, money in
escrow, new money, Dr. Poteet back to work.
4/19/2012 LGLA Time 0.35 31.50
90.00/hr
Bus. Op.
Redacting of monthly operating reports. Prepare notice and file with
court.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 15 of 39
CDEX, Inc. Page 16
Hrs/Rate Amount
4/19/2012 LGLA Time 0.50 45.00
90.00/hr
Fee/Employ App.
Work on Robert Fee, Esq. employment application documents.
Emails with Fee office and client on same.
ESS Time 1.20 420.00
350.00/hr
Disc./Plan
15 emails on SEC issues, Bob Fee, Esq., senior note, stock for debt
on plan research, 9 emails on revisions to plan.
4/20/2012 LGLA Time 2.50 225.00
90.00/hr
Disc./Plan
Phone call on confirmation(.25). Work on disclosure
statement(2.25)
ESS Time 1.00 350.00
350.00/hr
Case Admin.
Teleconf. with M. O'Hara, Esq, Jeff and Steve(.5). Review emails
and plan information(.5)
LGLA Time 0.25 22.50
90.00/hr
Bus. Op.
Prepare notice of filing op report for March. File with court.
ESS Time 0.25 87.50
350.00/hr
Fee/Employ App.
Review objection to employment of R. Fee as special counsel filed
by J. Ryles. Copy to client.
ESS Time 0.20 70.00
350.00/hr
Fee/Employ App.
Review order approving employment of R. Fee, Esq. Copy to
parties.
ESS Time 1.00 350.00
350.00/hr
Case Admin.
15 emails Jeff and Stephen on shareholder committee, Bob Fee
ESS Time 0.50 175.00
350.00/hr
Lift Stay/Lit.
Emails with Jeff on Ryles deposition issues, history of management.
Emails with B. Laird, Esq. on deposition, B. Fee, Esq. issues.
4/22/2012 ESS Time 2.90 1,015.00
350.00/hr
Disc./Plan
Work on disclosure and plan
ESS Time 0.20 70.00
350.00/hr
Bus. Op.
Emails to and from M. O'Hara, Esq. on capital structure, trading
history.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 16 of 39
CDEX, Inc. Page 17
Hrs/Rate Amount
4/23/2012 LGLA Time 0.75 67.50
90.00/hr
Disc./Plan
Revise disclosure statement(.5). Phone calls with client(.25)
LGLA Time 0.15 13.50
90.00/hr
Fee/Employ App.
Emails with clients on Fee employment objection filed by Ryles.
ESS Time 1.00 350.00
350.00/hr
Creditors
15 emails with Stephen, Jeff on share split, M. Philips issues,
pre-petition issues, personal claims, class issues, capital structure.
4/24/2012 ESS Time 0.50 175.00
350.00/hr
Fee/Employ App.
8 emails on special counsel, B. Fee, Esq., etc., letter
ESS Time 0.30 105.00
350.00/hr
Fee/Employ App.
Teleconf with B. Fee, Esq. on special counsel matters
4/25/2012 LGLA Time 0.50 45.00
90.00/hr
Case Admin.
Research on Sec. 1145
ESS Time 0.20 70.00
350.00/hr
Bus. Op.
Emails from M. O'Hara, Esq. and Stephen McCommon on stock
split and warrants.
4/26/2012 LGLA Time 0.10 9.00
90.00/hr
Creditors
Email to clients with Philips proofs of claim.
ESS Time 0.20 70.00
350.00/hr
Lift Stay/Lit.
Emails with B. Laird, Esq. on B. Fee, Esq., conflict issues, emails
with J. Brumfield on meeting and conflict issues.
ESS Time 0.20 NO CHARGE
350.00/hr
Case Admin.
Emails with Jeff on conference call tomorrow.
4/27/2012 ESS Time 1.30 455.00
350.00/hr
Disc./Plan
Telecom with clients and special counsel on disclosure statement
language.
ESS Time 0.20 70.00
350.00/hr
Lift Stay/Lit.
Email to B. Fee, Esq. on Ryles - Laird conflict issues. Response on
same.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 17 of 39
CDEX, Inc. Page 18
Hrs/Rate Amount
4/27/2012 ESS Time 0.40 140.00
350.00/hr
Disc./Plan
Emails Jeff and Steve on impaired classes, classification issues,
review draft on same.
4/29/2012 ESS Time 1.00 350.00
350.00/hr
Disc./Plan
Work on disclosure changes.
4/30/2012 ESS Time 2.40 840.00
350.00/hr
Disc./Plan
Teleconf. with clients & other counsel.(.4) Work on disclosure and
plan(2.0)
5/1/2012 LGLA Time 0.50 45.00
90.00/hr
Fee/Employ App.
Draft & file motion to vacate order employing Special Counsel Fee,
form of order for same.
ESS Time 1.25 437.50
350.00/hr
Disc./Plan
Teleconf. with J. Brumfield. Continue work on disclosure and plan
LGLA Time 1.75 157.50
90.00/hr
Disc./Plan
Revisions on disclosure statement to incorporate ESS and M.
O'Hara, Esq. changes
ESS Time 0.20 70.00
350.00/hr
Creditors
Review notice of appearance of Nancy Wolf, Trustee. Copy to
client.
ESS Time 0.50 175.00
350.00/hr
Bus. Op.
Attend continued hearing on motion to return escrow funds.
5/2/2012 LGLA Time 1.00 90.00
90.00/hr
Disc./Plan
New revisions to Disclosure statement
ESS Time 0.20 70.00
350.00/hr
Fee/Employ App.
Review order to vacate employment order. Copy to parties.
5/3/2012 ESS Time 0.20 70.00
350.00/hr
Creditors
Review application for limited admission filed by James Lewin, Esq.
for Ch. 7 trustee. Copy to client.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 18 of 39
CDEX, Inc. Page 19
Hrs/Rate Amount
5/3/2012 ESS Time 0.30 105.00
350.00/hr
Lift Stay/Lit.
Teleconf with B. Fee, Esq. on copy of letter, Laird on conflict and on
May 2 matter.
5/7/2012 ESS Time 0.20 70.00
350.00/hr
Case Admin.
Email Jeff B. on board issues, email R. Charles, Esq. on case,
email S. McCommon on meeting with Jeff.
5/8/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Multiple emails from Jeff on hearing on Baxa, emails from M.
O'Hara on case issues.
5/9/2012 ESS Time 3.90 1,365.00
350.00/hr
Disc./Plan
Work on disclosure & plan language to conform with SEC issues.
ESS Time 0.60 210.00
350.00/hr
Creditors
6 emails on Baxa issues, North American currency and law case
cited by Judge.
5/10/2012 ESS Time 0.40 140.00
350.00/hr
Creditors
Multiple emails with M. O'Hara, Esq., Jeff B on Baxa issues, escrow
issues, court release of funds.
5/11/2012 ESS Time 0.30 105.00
350.00/hr
Creditors
Emails on motion for Baxa funds, email from M. O'Hara, Esq.,
board meeting, escrow issues for Mary.
ESS Time 1.20 420.00
350.00/hr
Disc./Plan
Emails with Jeff B. on changes to disclosure and plan, include draft
of same for review. Emails from Jeff on conference call with Mary,
10 to discuss.(.5) Review changes(.8)
5/14/2012 LGLA Time 0.25 22.50
90.00/hr
Bus. Op.
Prepare notice of filing op report for April. File with court.
LGLA Time 0.15 13.50
90.00/hr
Case Admin.
Emails with clients on teleconf. with board of directors, R. Fee
document production.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 19 of 39
CDEX, Inc. Page 20
Hrs/Rate Amount
5/14/2012 ESS Time 0.50 175.00
350.00/hr
Disc./Plan
Emails from Jeff on exhibits to plan, emails on Laird's motion.
Teleconf with B. Fee, Esq. Emails with Jeff on board meeting.
5/15/2012 ESS Time 0.10 35.00
350.00/hr
Creditors
Emails with R. Charles, Esq. on Gemini, Winters, Jeff's call to Rob.
5/16/2012 ESS Time 0.70 245.00
350.00/hr
Case Admin.
Multiple emails with clients on prior management issues, Ryles,
plan changes. Emails with Rob on comfort of management. Email
from Gemini on Winters, parties want to confer.
5/17/2012 LGLA Time 2.75 247.50
90.00/hr
Disc./Plan
Revise disclosure statement and prepare plan and exhibits
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with B. Laird, Esq on case
ESS Time 0.25 87.50
350.00/hr
Lift Stay/Lit.
Review motion to compel 2004 exam and notice of lodging order.
Copy to client.
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Emails on board of directors issues with plan of reorganization
5/18/2012 ESS Time 1.20 420.00
350.00/hr
Disc./Plan
Emails with Steve on liquidation analysis and other exhibits, value
issues, plan exhibits, cash forecast, conflict letter re: Dr. Poteet.
Review docs on same.
ESS Time 0.80 280.00
350.00/hr
Lift Stay/Lit.
Emails with B. Huerlin, Esq. on 2004 motion and document
production.(.4) Teleconf with clients, deferred comp issues. (.4)
5/19/2012 ESS Time 0.50 175.00
350.00/hr
Bus. Op.
Emails with Jeff on employee issues, reports, leaks,
trustworthiness, etc. Emails with R. Fee, Esq. on conflict issues.
5/21/2012 ESS Time 1.20 420.00
350.00/hr
Bus. Op.
Multiple emails from Jeff B, R. Fee, Esq on conflict issues. 6 emails
on SEC funds, other issues.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 20 of 39
CDEX, Inc. Page 21
Hrs/Rate Amount
5/22/2012 LGLA Time 2.25 202.50
90.00/hr
Disc./Plan
Revise disclosure statement, plan & exhibits. Review client emails
on same.
ESS Time 0.20 70.00
350.00/hr
Lift Stay/Lit.
Review order granting motion to compel. Copy to client.
LGLA Time 0.50 45.00
90.00/hr
Lift Stay/Lit.
Draft objection to 2004 motion.
ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Emails from Jeff, to new investors for money, plan and options from
our firm
ESS Time 1.10 385.00
350.00/hr
Lift Stay/Lit.
Emails to and from Mary, Jeff, Bob Fee on SEC list/issues, plan list,
Ryles, disclosure issues, 2004 exams. Emails with Steve on redline
plan for board.
5/23/2012 ESS Time 0.50 175.00
350.00/hr
Lift Stay/Lit.
Teleconf with B. Fee, Esq. on conflict. Emails from Bob on Laird,
Esq. withdrawing from Ryles rep. Emails to and from Bob, Jeff on
depositions. Emails with Jeff on investors.
5/24/2012 LGLA Time 1.00 90.00
90.00/hr
Case Admin.
Draft letter on disclosure statement revisions
ESS Time 0.80 280.00
350.00/hr
Disc./Plan
Review and respond to 9 emails on historical info on CDEX, with M.
O'hara, Esq and Jeff. Poteet's complaint to B. Laird, Esq. and ESS
on Ryles, liquidation analysis, board of directors.
ESS Time 0.30 105.00
350.00/hr
Lift Stay/Lit.
Emails from W. Poteet on Laird's conflict of interest to represent
Ryles. Teleconf with B. Fee, Esq. on same.
5/25/2012 LGLA Time 2.50 225.00
90.00/hr
Disc./Plan
Finalize revisions to disclosure, plan, exhibits and file.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 21 of 39
CDEX, Inc. Page 22
Hrs/Rate Amount
5/25/2012 LGLA Time 0.75 67.50
90.00/hr
Lift Stay/Lit.
Prepare objection to 2004 Order filed by J. Ryles. Emails with client
on same.
ESS Time 0.35 122.50
350.00/hr
Lift Stay/Lit.
Review and revise 2004 objection.
ESS Time 0.50 175.00
350.00/hr
Disc./Plan
Emails with Jeff and Mary on the plan changes, new money,
release of new investors, money into Mary's account. Teleconf with
client.
ESS Time 2.60 910.00
350.00/hr
Disc./Plan
Review petition, schedules, etc. (3 year plan new money)(.8)
Emails with clients to file plan, disclosure.(.3) Review redline and 9
exhibits(1.0) Teleconf with clients x2(.5)
5/29/2012 LGLA Time 0.30 27.00
90.00/hr
Disc./Plan
Upload disclosure hearing order & prepare notice.
5/30/2012 ESS Time 0.30 105.00
350.00/hr
Creditors
Emails with Jeff on new money, disclosure statement. Emails with
Jason Terrell on Baxa's $200,000 and other investors.
5/31/2012 LGLA Time 0.75 67.50
90.00/hr
Bus. Op.
Draft & file motion for emergency hearing on Rule 2004 exam &
associated documents
ESS Time 0.20 70.00
350.00/hr
Lift Stay/Lit.
Review order granting motion to vacate order to compel. Copy to
client.
ESS Time 0.20 70.00
350.00/hr
Disc./Plan
Review order setting disclosure hearing.
6/1/2012 ESS Time 0.20 70.00
350.00/hr
Creditors
Review notice of substitution of counsel filed by J. Watson, Esq for
J. Ryles. Copy to client.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 22 of 39
CDEX, Inc. Page 23
Hrs/Rate Amount
6/1/2012 ESS Time 0.20 70.00
350.00/hr
Creditors
Review reply to motion to vacate 2004 exam filed by J. Watson,
Esq. Copy to client.
LGLA Time 1.25 112.50
90.00/hr
Disc./Plan
Prepare notice of hearing on disclosure statement. File with court.
Prepare docs and notice to creditors.
6/3/2012 ESS Time 0.50 175.00
350.00/hr
Lift Stay/Lit.
Emails with Jeff and Mary on M. White, J Ryles new attorney, Laird
conflict of interest. Teleconf with B. Fee on same.
6/4/2012 ESS Time 0.50 175.00
350.00/hr
Lift Stay/Lit.
Emails with Dr. Poteet on Ryles, same with Jeff B. Teleconf with J.
Watson, Esq.(Ryles) on claim.
6/5/2012 LGLA Time 0.10 9.00
90.00/hr
Lift Stay/Lit.
Email to clients and M. O'Hara, Esq. on document production and
protective order.
ESS Time 0.80 280.00
350.00/hr
Lift Stay/Lit.
Emails with S. McCommon on Ryles. Emails to Steve, Mary, Jeff
on deposition of Ryles. 4 emails on history of Ryles, work, etc.(.5)
Teleconf with J. Watson, Esq. on Ryles.(.3)
6/11/2012 LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Prepare cert of mailing on disclosure docs. File with court.
6/14/2012 ESS Time 0.30 105.00
350.00/hr
Creditors
Review email from Jeff with letter from D. Runnick - BAXA on
release of monies. Emails with Mary on money in escrow acct.
6/19/2012 ESS Time 0.30 105.00
350.00/hr
Creditors
Emails from Jeff and Steve on Winters from Gemini.
7/3/2012 ESS Time 0.20 70.00
350.00/hr
Disc./Plan
Review limited objection to disclosure statement filed by Gemini.
Copy to client.
ESS Time 0.50 175.00
Emails from S. Moyed, Esq. of SEC on disclosure comments. 350.00/hr
Review objections from Gemini attorney. Teleconf with Jeff on
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 23 of 39
CDEX, Inc. Page 24
Hrs/Rate Amount
Disc./Plan
same.
7/6/2012 ESS Time 0.50 175.00
350.00/hr
Bus. Op.
Prepare motion to approve use of funds in escrow for ordinary
business operations.
LGLA Time 1.45 130.50
90.00/hr
Bus. Op.
Prepare motion for expedited hearing on motion to use escrow
funds, form of order for same(.3). Teleconf with court for hearing
date(.2). Prepare notice of emergency hearing(.2). File with court
and notice to creditors(.75).
LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Prepare cert of mail on hearing notice.
LGLA Time 0.25 22.50
90.00/hr
Bus. Op.
Emails with court on hearing for use of escrow funds.
7/7/2012 LGLA Time 3.80 342.00
90.00/hr
Disc./Plan
Work on amended disclosure statement.
7/9/2012 ESS Time 0.50 175.00
350.00/hr
Disc./Plan
Teleconf. & emails with client on disclosure changes. Work on
disclosure issues
LGLA Time 0.25 22.50
90.00/hr
Disc./Plan
Emails with M. O'Hara, Esq. on disclosure statement comments by
SEC. Emails with clients on objections to D/S.
ESS Time 1.00 350.00
350.00/hr
Disc./Plan
Teleconf with Jeff on deadline for objections to D/S.(.3) Emails to
Jeff, Mary, Stephen on status of same. Emails and comments from
Sarah Moyed, Esq. on D/S. Review comments.(.5) Forward to Jeff
and Mary for review.(.2)
ESS Time 0.80 280.00
350.00/hr
Disc./Plan
Read objection from James Lewin, Esq. on Jeff's personal case.
Teleconf with James on withdrawing.
7/10/2012 ESS Time 1.80 630.00
Teleconf. with client on plan(.3). Read SEC, Ryles, and Trustee 350.00/hr
objections(.5). Teleconf. with J. Lewin, Esq.(.25) Review
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 24 of 39
CDEX, Inc. Page 25
Hrs/Rate Amount
Disc./Plan
disclosure and list questions(.75)
7/10/2012 ESS Time 0.30 105.00
350.00/hr
Creditors
Teleconf. with J. Brumfield on stock issues
ESS Time 0.50 175.00
350.00/hr
Lift Stay/Lit.
Emails from Jeff B. on Ryles - history. Teleconf with J. Watson,
Esq. on same. Maybe go away if claim allowed. Emails from Steve
on history of debtor, other issues for hearing.
7/11/2012 LGLA Time 0.80 72.00
90.00/hr
Case Admin.
Typed Ryles narrative and CV's for Brumfield & McCommon
LGLA Time 0.10 9.00
90.00/hr
Disc./Plan
Emails with clients on telephonic appearances at D/S hearing.
ESS Time 0.80 280.00
350.00/hr
Case Admin.
Emails to and from Jeff, Stephen, Mary on Motta, Lax, San Diego
Trustee (Wolfe), SEC issues. Read and respond to emails form
Motta on objections.(.5) Teleconf with David Lax on vote, ballot.(.3)
7/12/2012 ESS Time 2.40 840.00
350.00/hr
Disc./Plan
Review Ryles information.(.3) Draft replies to objections on
disclosure statement(1.6). Review proof of claim and objection filed
by new attorney(.5)
ESS Time 0.30 105.00
350.00/hr
Creditors
Teleconf. with J. Motta (Pemco) on support of confirmation
7/13/2012 LGLA Time 0.80 72.00
90.00/hr
Case Admin.
Typed reply to Ryles objection and corrections
LGLA Time 0.20 18.00
90.00/hr
Creditors
Emails with client on Ryles claim, objection. Emails with J. Motta,
Esq., M. O'Hara, Esq. on teleph. appearance.
ESS Time 0.20 70.00
350.00/hr
Case Admin.
Teleconf. with M. O'Hara, Esq. on SEC issues
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 25 of 39
CDEX, Inc. Page 26
Hrs/Rate Amount
7/13/2012 ESS Time 0.20 70.00
350.00/hr
Creditors
Teleconf with Pemco counsel on issues, Motta in Ohio.
ESS Time 0.50 175.00
350.00/hr
Lift Stay/Lit.
Read objections by Ryles. Teleconf. with J. Watson, Esq on client,
case. Read email from Stephen on convertible notes.
ESS Time 0.50 175.00
350.00/hr
Case Admin.
Emails with James Lewin, Esq. on case, SEC objections and other
issues. Info from Jeff on his case. Teleconf with James on same.
7/15/2012 ESS Time 0.20 70.00
350.00/hr
Creditors
Teleconf with Jeff on Motta, Pemco objections and other issues.
7/16/2012 ESS Time 1.75 612.50
350.00/hr
Bus. Op.
Prepare for hearing. review objections.(1.0) Attend hearing on
motion to use escrow funds. (.75)
ESS Time 0.35 122.50
350.00/hr
Creditors
Emails to and from Jeff Sklar, Esq. on Gemini. Teleconf with Jeff
on same. Emails to and from Jeff, Mary, Stephen on hearing on
money use.
7/17/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with J. Brumfield on Ryles
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Emails to and from Jeff, Stephen on inventory, scrap issues,
number of units sold, answer to SEC suggestions.
ESS Time 0.60 210.00
350.00/hr
Disc./Plan
Review SEC comments. Review Jeff and Stephen comments on
SEC to amend Disclosure and plan. Review history of debtor, new
money, management, board of directors.
7/18/2012 LGLA Time 2.00 180.00
90.00/hr
Disc./Plan
Preparation of responses to SEC objections to disclosure statement
LGLA Time 0.75 67.50
90.00/hr
Disc./Plan
Prepare motion to Extend exclusivity & form of order for same. File
with court.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 26 of 39
CDEX, Inc. Page 27
Hrs/Rate Amount
7/18/2012 LGLA Time 0.10 9.00
90.00/hr
Disc./Plan
Emails with client on Amended Discl. Statement.
ESS Time 0.30 105.00
350.00/hr
Disc./Plan
Emails from Jeff B on plan issues. Respond to same. Emails to
and from M. O'Hara, Esq. on exclusivity period for plan. Emails Jeff
on phone conference for SEC and Ch. 7 Trustee counsel.
7/19/2012 LGLA Time 3.50 315.00
90.00/hr
Disc./Plan
Revise disclosure statement & plan(2.0). Client meeting(1.5)
LGLA Time 0.10 9.00
90.00/hr
Case Admin.
Emails with clients on meeting.
ESS Time 0.60 210.00
350.00/hr
Bus. Op.
Review Stephen's comments to objections on CDEX business plan,
products for market. market for sales, Jeff's experience, board of
directors, emails from Jeff on disclosure.
ESS Time 1.30 455.00
350.00/hr
Disc./Plan
Emails on revision to disclosure and plan, emails and invoice from
M. O'Hara, Esq. (.3) Work on revisions to D/S.(1.0)
7/20/2012 LGLA Time 3.25 292.50
90.00/hr
Disc./Plan
Finalize all revisions to amended disclosure plan & file. File with
court. File confirmation hearing order. Email to clients, opposing
counsel and law clerk
ESS Time 0.80 280.00
350.00/hr
Disc./Plan
2 emails from Larry Watson, Esq., UST on requested changes,
Baxa issues, disclosure statement, Jeff's Ch. 7 in Cal and 2 emails
to and from Mary O'Hara, Esq. on changes to disclosure statement
and L. Watson. Redline copy to Mary.
ESS Time 0.60 210.00
350.00/hr
Disc./Plan
Emails from SEC on plan changes, her vacation and 1145 (a)
issues, requested changes - wont be done for a while. Emails with
Mary on SEC issues. Emails with Jeff and Steve on same.
7/22/2012 ESS Time 0.50 175.00
350.00/hr
Disc./Plan
Review research on SEC issues, new capital.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 27 of 39
CDEX, Inc. Page 28
Hrs/Rate Amount
7/23/2012 ESS Time 0.80 280.00
350.00/hr
Disc./Plan
Emails with Larry Watson, Esq., UST on requested changes to
disclosure statement, 7 other emails with Jeff and Steve, S. Moyed,
Esq. on issues.
ESS Time 1.00 350.00
350.00/hr
Disc./Plan
Review research on SEC issues.(.5) Review redline disclosure
statement(.5)
7/24/2012 ESS Time 0.20 70.00
350.00/hr
Disc./Plan
Review order setting confirmation hearing.
7/25/2012 LGLA Time 0.25 22.50
90.00/hr
Bus. Op.
Prepare notice of filing monthly op report for May. File with court.
LGLA Time 1.25 112.50
90.00/hr
Disc./Plan
Prepare notice of confirmation hearing. File with court. Prepare
docs and notice to creditors.
ESS Time 0.30 105.00
350.00/hr
Disc./Plan
Emails with Sarah Moyed, Esq., SEC, Steve, Mary O'Hara, Esq. on
more concerns.
ESS Time 0.20 70.00
350.00/hr
Disc./Plan
Emails to and from Jeff on order approving D/S, ballots and
requirements.
7/26/2012 LGLA Time 0.20 18.00
90.00/hr
Disc./Plan
Review order denying extension of exclusivity.
ESS Time 0.30 105.00
350.00/hr
Case Admin.
Emails to and from Jeff on investors, names, conference calls,
other issues.
7/27/2012 ESS Time 3.20 1,120.00
350.00/hr
Disc./Plan
Work on multiple revisions to plan & disclosure(1.85). Review SEC
letter, UST changes(.5) Teleconf. with M. O'Hara and J. Brumfield
with Lenora.(.75)
LGLA Time 5.25 472.50
Conference call (n/c). Revise amended plan & disclosure 90.00/hr
statement with changes from all parties(4.25). Emails with clients
and SEC counsel(.5). File motion, order and notice of lodging to
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 28 of 39
CDEX, Inc. Page 29
Hrs/Rate Amount
Disc./Plan
shorten notice time for confirmation.(.5)
7/27/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with all on SEC and new money
ESS Time 0.30 105.00
350.00/hr
Creditors
Emails with M. O'Hara, Esq. on 1145 treatment on all creditors or
just some.
ESS Time 0.30 105.00
350.00/hr
Disc./Plan
Teleconf. with S. Moyed, Esq., M. O'Hara, Esq. on plan changes.
7/31/2012 ESS Time 0.35 122.50
350.00/hr
Creditors
Teleconf with Jeff Sklar, Esq. on testimony, Email from Jeff on
Steve Winters. Emails with M. O'Hara, Esq. on invoices.
8/2/2012 LGLA Time 0.35 31.50
90.00/hr
Bus. Op.
Prepare notice of filing monthly op report for June. Redact and file
with court.
LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Prepare cert of mail on confirmation docs. File with court.
8/7/2012 ESS Time 0.30 105.00
350.00/hr
Disc./Plan
Emails with M. O'hara, Esq., S. Moyed, Esq. of SEC on affidavit,
plan changes.
8/8/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Teleconf. with J. Brumfield on case
ESS Time 0.50 175.00
350.00/hr
Bus. Op.
Emails with Jeff to investors on new money, Mary O'Hara, Esq. on
account. Emails with Mary and Jeff on need pledges, Sec. 1145
issues and affidavit from SEC, SEC changes to plan. Pemco Ballot.
8/9/2012 ESS Time 0.20 NO CHARGE
350.00/hr
Creditors
Review substitution of counsel for Ch. 7 Trustee filed by F.
Drummond, Esq. Copy to client.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 29 of 39
CDEX, Inc. Page 30
Hrs/Rate Amount
8/10/2012 LGLA Time 0.20 18.00
90.00/hr
Disc./Plan
Scan and email ballots recd. to date to clients.
ESS Time 0.30 105.00
350.00/hr
Disc./Plan
Review ballot from Gemini from R. Charles, Esq. Send to clients.
8/11/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Emails with Mary, Steve and Jeff on funding issues
8/12/2012 LGLA Time 0.10 9.00
90.00/hr
Creditors
Emails with Jeff on substitution of counsel for Ch. 7 TTE.
8/14/2012 ESS Time 0.20 70.00
350.00/hr
Creditors
Emails with R. Charles, Esq. on Gemini and confirmation order.
8/16/2012 LGLA Time 1.80 162.00
90.00/hr
Bus. Op.
Multiple emails with client on confirmation issues.(.25) Phone call
with counsel for ASD(.3). Review plan with ESS(n/c). Conference
call with SEC attorney's.(.75) Revise plan(.75). Draft ballot
report(.5)
ESS Time 0.75 262.50
350.00/hr
Disc./Plan
Conference call with S. Moyed, Esq. and Mary O'Hara, Esq. on
changes to plan language.
ESS Time 0.75 262.50
350.00/hr
Disc./Plan
Review plan language changes with paralegal.
8/17/2012 ESS Time 0.30 105.00
350.00/hr
Disc./Plan
Review objection to confirmation filed by Ch. 7 Trustee. Copy to
client.
ESS Time 0.30 105.00
350.00/hr
Disc./Plan
Review objection to confirmation filed by M. Philips. Copy to client.
ESS Time 1.60 560.00
350.00/hr
Creditors
Teleconf. with Jeff on patent issues(.3). Teleconf. with B.
Eisenbach, Esq on assumption of judgment(.3). Emails with
Eisenbach, Esq. on language to be in order, extension to object.(.3)
Emails with client on same.(.2) Multiple mails to and from Jeff on
Ch 7 issues on deferred comp, class listing of amounts owed.(.5)
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 30 of 39
CDEX, Inc. Page 31
Hrs/Rate Amount
8/17/2012 LGLA Time 2.75 247.50
90.00/hr
Disc./Plan
Several phone calls with Motta, Brumfield & McCommon(.75).
Revise ballot report(.4). Revisions to 2nd amended plan(1.6)
ESS Time 0.30 105.00
350.00/hr
Creditors
Emails with Jeff on M. Philips issues, claims issues - Motta, Winters
8/20/2012 LGLA Time 0.20 18.00
90.00/hr
Case Admin.
Prepare amended Sch. G. File with court.
LCLK Time 3.30 412.50
125.00/hr
Disc./Plan
Review Trustee's objection to confirmation(.4). Review Brumfield
Ch. 7 documents/schedules(.3). Preparation of draft response to
Trustees objection(1.2). Review Def.Comp. info from S.
McCommon(.2). Numerous emails with J. Brumfield and S.
McCommon on same(.4). Teleconf. with Brumfield.(.3).
Conference with paralegal on same.(.5)
LGLA Time 3.00 270.00
90.00/hr
Disc./Plan
Preparation for confirmation hearing, exhibit books and file exhibit
to 1129 declaration
LGLA Time 2.20 198.00
90.00/hr
Disc./Plan
Review Chpt. 7 Trustees objection(.3). Update ballot report(.5).
Conference with ESS(n/c). Conference with law clerk.(n/c) Phone
calls with J. Brumfield(.4) Begin draft of 1129 declaration.(1.0)
ESS Time 1.00 350.00
350.00/hr
Disc./Plan
Conference with paralegal on confirmation issues and review draft
documents on same.
ESS Time 1.60 560.00
350.00/hr
Disc./Plan
Read emails from Jeff B. on Piente's affidavit, deferred comp
issues, etc. with documents.(.6) Read email from J. Sklar, Esq. on
confirmation and declaration from Gemini(.3) Read and response
to 5 emails with R. Eisenbach, Esq., 3 emails withTrustee's counsel,
with docs.(.7)
8/21/2012 ESS Time 3.25 1,137.50
350.00/hr
Disc./Plan
Work on plan revisions(2.0), objections to ballots(.5). Work on
ballot issues of Ch. 7 trustee, M. Philips. Conference with law clerk
on same.(.75)
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 31 of 39
CDEX, Inc. Page 32
Hrs/Rate Amount
8/21/2012 LCLK Time 1.50 187.50
125.00/hr
Disc./Plan
Conference with ESS on revisions to response to TTE's objection to
confirmation.(n/c) Finalize response.(.75) Begin draft to dissallow
ballots.(.75)
LGLA Time 2.15 193.50
90.00/hr
Disc./Plan
Revise ballot report again(.35). File declaration of S. Winters with
court (.2), Revise 1129 declaration(.8). Phone calls with S.
McCommon on deferred comp(.5). Emails with clients on same.(.3)
ESS Time 0.30 105.00
350.00/hr
Creditors
Copies Brumfield tax return. Emails with Jeff on his and wife's
income issues with responses on his stock being held. - re: Ch 7
TTE.
ESS Time 0.80 280.00
350.00/hr
Case Admin.
Numerous emails - Emails with Jeff B. on his deferred comp wages
issues and Ch. 7 trustee. Emails with F. Drummond, Esq. Ch 7 TTE
attorney on same.
ESS Time 0.50 175.00
350.00/hr
Disc./Plan
Emails with J. Sillan, Esq on exhibit questions. Emails with Jeff R.
on Piente's affiadvit. Review affadavit.
ESS Time 0.80 280.00
350.00/hr
Case Admin.
Emails with Jeff B on his Trustee 15,000 offer. Review emails on
new money. Review general ledger on Jeffs schedules. Work on
ballot on plan. Review Eiscenbach ballot. Emails with M. Phillips
8/22/2012 ESS Time 0.50 175.00
350.00/hr
Disc./Plan
Conference call with clients and D. Kirby, Esq. counsel for Ch. 7
trustee on plan treatment.
ESS Time 1.70 595.00
350.00/hr
Disc./Plan
Numerous emails with Jeff on personal stock and salary issues in
Ch. 7, classification issues with Trustee. (.5) Emails with Kirby, Esq.
on stipulation on same, changes to stipulation x2. (.3) Teleconf with
Mr. Kirby on same. (.3) Review and revise same.(.6)
ESS Time 1.00 350.00
350.00/hr
Disc./Plan
Review stipulation on withdraw of objection to ballots(.35).
Teleconf. with M. Phillips on objection to plan(.3). Review plan(.35)
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 32 of 39
CDEX, Inc. Page 33
Hrs/Rate Amount
8/22/2012 LCLK Time 1.10 137.50
125.00/hr
Disc./Plan
Phone calls with F. Drummond, Esq. and J. Brumfield on Ch. 7
issues.(.6) Revisions to response to Ch. 7 trustee objection to
confirmation.(.5)
ESS Time 0.20 70.00
350.00/hr
Creditors
Emails and phone calls to M. Philips to resolve objection and
negative ballot.
8/23/2012 ESS Time 0.30 105.00
350.00/hr
Disc./Plan
Emails with M. O'Hara, Esq., Jeff Brumfield, R. Charles, Esq. on
Gemini language in confirmation order.
ESS Time 0.10 35.00
350.00/hr
Creditors
Emails with D. Kirby, Esq. on stip to withdraw objection, ballot
issues.
ESS Time 1.20 420.00
350.00/hr
Disc./Plan
10 emails with Jeff on share issues, etc., including PACOB auditors
issues.
LCLK Time 5.00 625.00
125.00/hr
Disc./Plan
Prepare and file Brumfield declaration, emails with client on same.
(1.0) Prepare and file response to Philips objection (2.0) Prepare
and file objections to Philips Claims 17 and 18.(1.0) Emails and
calls with Trustee and client on Ch. 7 case. (1.0)
ESS Time 0.50 175.00
350.00/hr
Disc./Plan
Emails with client on Wolfe changes. Review proposed changes by
Trustee on currently held stock
LGLA Time 1.50 135.00
90.00/hr
Disc./Plan
Confirmation hearing preparation. Print all relevant pleadings for
exhibit books.
8/24/2012 ESS Time 0.80 280.00
350.00/hr
Disc./Plan
Review email and revised objection to plan from M. Phillips, Jr.(.3)
Prepare objection on same(.5)
ESS Time 3.50 1,225.00
350.00/hr
Disc./Plan
Prepare for confirmation hearing, review objections (2.0) Meeting
with clients on confirmation (1.0) Attend confirmation hearing. (.5)
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 33 of 39
CDEX, Inc. Page 34
Hrs/Rate Amount
8/24/2012 ESS Time 1.50 525.00
350.00/hr
Creditors
Multiple emails with R. Eisenbach, Esq. on language in confirmation
order.(.3) Begin draft of confirmation order(1.2)
LCLK Time 1.10 137.50
125.00/hr
Disc./Plan
Draft objection to ballot of Philips.(.5) Prepare for confirmation
hearing (.3) Prepare stipulation for N. Wolfe, Ch. 7 Trustee. (.3)
8/27/2012 ESS Time 0.30 105.00
350.00/hr
Case Admin.
Emails with R. Eisenbach, Esq. on executory issues and
confirmation order
LGLA Time 0.25 22.50
90.00/hr
Bus. Op.
Prepare notice of filing monthly op report for July. File with court.
LGLA Time 1.50 135.00
90.00/hr
Disc./Plan
Prepare initial draft of confirmation order.
ESS Time 0.50 175.00
350.00/hr
Disc./Plan
Multiple emails with clients on confirmation order. Emails other
counsel on same. Emails with Jeff and Stephen on Gemini and 8K.
ESS Time 0.20 70.00
350.00/hr
Bus. Op.
Emails with S. McCommon on E&O insurance issues and 8-K
8/28/2012 LGLA Time 1.50 135.00
90.00/hr
Fee/Employ App.
Phone calls and emails with M. O'Hara, Esq. on fee application.(.3)
Prepare and file fee application, notice, etc. with court.(.45) Notice
to creditors. (.75)
ESS Time 0.40 140.00
350.00/hr
Bus. Op.
Emails with Jeff and Stephen on insurance and E&O coverage,
money from investors and other questions. Review Minute Entry.
8/29/2012 ESS Time 2.20 770.00
350.00/hr
Disc./Plan
Redraft confirmation order, review plan and stipulations.
8/30/2012 ESS Time 0.25 87.50
350.00/hr
Disc./Plan
Emails with client, R. Eisenbach, Esq. on confirmation order, board
approval.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 34 of 39
CDEX, Inc. Page 35
Hrs/Rate Amount
8/30/2012 ESS Time 0.30 105.00
350.00/hr
Bus. Op.
Teleconf with S. McCommon on order, board approval, insurance
issues.
ESS Time 1.00 350.00
350.00/hr
Disc./Plan
Review and revise confirmation order, circulate for review.
LGLA Time 1.20 108.00
90.00/hr
Disc./Plan
Finalize confirmation order and email for signatures (.9) Multiple
emails with client on same.(.3)
8/31/2012 LGLA Time 0.10 9.00
90.00/hr
Disc./Plan
Emails with Stephen on effect of confirmation.
LGLA Time 0.50 45.00
90.00/hr
Disc./Plan
Draft letter to S. McCommon on confirmation. Emails with J.
Brumfield.
ESS Time 0.20 70.00
350.00/hr
Disc./Plan
Email from F. Drummond, Esq. on confirmation order, sign off.
ESS Time 0.70 245.00
350.00/hr
Bus. Op.
Draft letter for insurance company per Stephen's request.(.3)
Review emails on same, board approval of plan.(.2) Review minute
entry(.2)
9/3/2012 ESS Time 0.20 70.00
350.00/hr
Case Admin.
Emails on trading stock, copy M. O'Hara, Esq.
9/4/2012 LGLA Time 0.75 67.50
90.00/hr
Disc./Plan
Finalize and file confirmation order with court.(.4) Review multiple
emails from client.
ESS Time 0.80 280.00
350.00/hr
Disc./Plan
Multiple emails with clients, on stock sales, other issues. Emails
with J. Sklar, Esq. and other counsel on final form of order,
signatures, approval of same.
9/5/2012 ESS Time 0.80 280.00
350.00/hr
Disc./Plan
Emails with Jeff on order and when money available. Order from
court plus 5 attachments.
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 35 of 39
CDEX, Inc. Page 36
Hrs/Rate Amount
9/5/2012 LGLA Time 1.25 112.50
90.00/hr
Disc./Plan
Prepare and file notice of entry of confirmation order.(.3) Notice to
creditors.(.75) Draft letter to client.(.2)
9/6/2012 ESS Time 0.10 35.00
350.00/hr
Disc./Plan
3 emails with Mary, O'Hara, Esq. Jeff B. on final order and new
money.
9/7/2012 ESS Time 0.10 NO CHARGE
350.00/hr
Fee/Employ App.
Email with Jeff and Stephen on how legal fees work.
ESS Time 0.20 70.00
350.00/hr
Creditors
Emails with S. McCommon on outstanding obligations. Response
on priority of payments.
9/13/2012 LGLA Time 0.25 22.50
90.00/hr
Bus. Op.
Phone call with S. McCommon on investor affidavits. Emails on
same
9/18/2012 ESS Time 0.30 105.00
350.00/hr
Disc./Plan
Emails with Steve on confirmation order, confirmation date and
effective date, M. Philips issuess.
9/19/2012 LGLA Time 0.20 18.00
90.00/hr
Bus. Op.
Redact and prepare notice for monthly operating report. File with
court
For professional services rendered 270.15 $64,224.00
Additional Charges :
2/28/2012 Postage Charge 2.10
Postage Charge 0.85
Postage Charge 5.15
Postage Charge 38.70
2/29/2012 Copy Charges 40.60
3/15/2012 Facsimile Charge - To ESS from client 30.00
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 36 of 39
CDEX, Inc. Page 37
Amount
3/16/2012 Facsimile Charge - To ESS from client 26.00
Facsimile Charge - To ESS from client 2.00
3/20/2012 Postage Charge 38.25
3/21/2012 Postage Charge 2.10
Postage Charge 0.85
Postage Charge 0.45
Postage Charge 0.90
3/23/2012 Postage Charge 2.10
Postage Charge 0.85
Postage Charge 39.15
3/31/2012 Copy Charges 250.20
ECF Inquiry 31.50
4/2/2012 Filing Fee 30.00
4/6/2012 Postage Charge 0.45
4/25/2012 Copy Charges 7.00
4/30/2012 Copy Charges 111.40
5/2/2012 CD of hearing 4/1/12 30.00
Postage Charge 6.30
5/31/2012 Copy Charges 97.40
6/7/2012 Postage Charge 9.74
Postage Charge 174.80
Postage Charge 2.10
6/30/2012 ECF Inquiry 20.30
Copy Charges 1,182.60
7/6/2012 Postage Charge 2.10
Postage Charge 0.85
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 37 of 39
CDEX, Inc. Page 38
Amount
7/6/2012 Postage Charge 9.10
Postage Charge 35.55
Facsimile Charge - To ESS from client 4.00
7/17/2012 Facsimile Charge - To ESS from J. Watson 4.00
7/18/2012 Research on Rule 2004 and Subpoena requirements. Research on Security Registration 582.50
Exemptions. 2.33 hr.
7/19/2012 Postage Charge 16.50
Research on Securities Registration Exemptions 2.0 hr. 500.00
7/22/2012 Review Securities Cases and Exemption under Sec. 1145 - .5 hr. 125.00
7/30/2012 Copy Charges 13.80
Postage Charge 12.86
Postage Charge 2.50
Postage Charge 176.40
7/31/2012 Copy Charges 2,703.60
8/7/2012 Facsimile Charge - To ESS from client 3.00
8/28/2012 Postage Charge 40.05
Postage Charge 2.10
Postage Charge 0.85
8/31/2012 Copy Charges August 2012 438.00
9/6/2012 Postage Charge 36.90
Postage Charge 2.10
Postage Charge 0.85
9/28/2012 Copy Charges September 673.80
ECF Inquiry 3rd quarter 109.50
Total costs $7,679.75
Total amount of this bill $71,903.75
Case 4:12-bk-02402-JMM Doc 140-1 Filed 10/03/12 Entered 10/03/12 14:17:53
Desc Exhibit Invoice Page 38 of 39
CDEX, Inc. Page 39
Amount
Balance due $71,903.75
Case
YEP..Probably so, JOHN!! Lol!!!
JB, thanks to his 33 percent loan and other actions, was at the time the largest SH on record..
MP, out to fry other fish, off to NC, and not wanting knocks on his door from any FEDS..And not getting any new PP money..why hang on??
He also knew that JB in chap 7 would be needful of a JOB.
Yeah, JB did not intend that CEO would take him away from the RE bidness..and CDEX having very little worthwhile in the way of plant equipment and inventory..so he pulls some tricks, settled a bunch of creditors claims with shares, got new shares voted in using shares that he did not own...
So where is CDEX..got a little running money, JB js getting him a salary..No product, but then wheninhell did CDEX EVER have a product??
NO WORRY LADS...JB is sorta in charge..
So where is CDEX now?
It is clear enough to me that MP, who had kept the TRUE control through all of the CEO changes even after it was clear that products would not sell and the share bidness had fallen off too far to make it worthwhile, and he had signed a share cert for JB, etc, etc..that he had it in mind to appoint JB to take it over...but only, as CISCO pointed out he had put himself far enough away from the action to PERHAPS avoid culpability.
So he is the skunk you are looking for.
First..GEMINI filed the below. Then altough few if any of the objections were met..GEMINI says OK WHAT THE HECK. GO FOR IT..(paraphrased)..NOTHING TO LOSE NOT ALREADY LOST...
One South Church Avenue Suite 700
Tucson, Arizona 85701-1611
Telephone: (520) 622-2090
Robert M. Charles, Jr., State Bar No. 007359
Direct Dial: (520) 629-4427
Direct Fax: (520) 879-4705
EMail: RCharles@LRLaw.com
Jeffrey L. Sklar
Email: JSklar@lrlaw.com
Attorneys for Gemini Master Fund, Ltd.
UNITED STATES BANKRUPTCY COURT
DISTRICT OF ARIZONA
In re:
Case No. 4:12-BK-02402-JMM
CDEX INC.,
Chapter: 11
Debtor.
Response to Debtor’s Emergency Motion
for Authority to Obtain Interim and
Long-Term Debtor in Possession
Financing
Date: March 22, 2012
Time: 1:30 p.m.
Creditor Gemini Master Fund, Ltd. (“Gemini”) opposes Debtor’s Emergency
Motion for Authority to Obtain Interim and Long-Term Debtor in Possession Financing
(“Motion”) (Dkt. #26).
Introduction
On just two days notice, Debtor is seeking the Court’s approval to encumber all of
its assets with a post-petition senior lien for up to $1 million.1 The Motion offers no
explanation of its failure to comply with Rule 4001(c)(3), which requires a debtor to
provide 14 days notice before obtaining credit, except in emergency situations. Nor has it
explained why this case presents an emergency.
1 An affidavit from Debtor’s CEO filed late on March 21 suggests that the lien may
actually be for $1.5 million. See Dkt. #31, ¶ 6.a. Of course, whether the lien is for $1
million or $1.5 million is a question that should be answered prior to the day before the
hearing.
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More importantly, the Motion leaves numerous questions unanswered about the use
of the funds that are being requested, the structure of the financing, Debtor’s profitability,
and whether Debtor has complied with the applicable securities laws. Given that the
proposed senior lien could eviscerate any recovery by unsecured creditors if the
reorganization is unsuccessful, Debtor’s failure to provide this information is especially
prejudicial to the creditors.
To be clear, Gemini is not categorically opposed to Debtor obtaining financing.
But before it can determine whether to support or oppose this particular financing request,
Debtor should be required to provide more information about how the financing will be
used. At a minimum, the Court should reset the hearing for sometime after the 14-day
notice period in Rule 4001.
Facts
Debtor filed its Chapter 11 petition more than a month ago, on February 10, 2012.
Its schedules indicate that it has about $425,000 in assets and more than $2.8 million in
liabilities. Dkt. #1 at 8. The assets are primarily in the form of intellectual property,
equipment, and inventory. Id. at 13. The liabilities are all unsecured, and Gemini is the
largest creditor, with a claim Debtor has valued at about $927,000. Id. at 22. Until now,
Debtor has not asked the Court to approve any interim or long-term financing. Debtor has
not yet filed an operating report. Nevertheless, without warning, Debtor filed this Motion
on March 20 and asked for a hearing just two days later.
The Motion provides virtually no detail about the financing. It simply claims that
unnamed “qualified investors may loan debtor monies in a series of transactions totaling
up to one million dollars.” Motion at 4. It also states that the investors — whoever they
are — will “require that they be granted a senior lien against the assets owned by Debtor,”
which would be capped at $1 million. Id. Because Debtor has claimed that its assets total
only about $425,000, this would be a lien against every asset currently held by Debtor for
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more than double their value. The Motion fails to acknowledge this, let alone explain why
it is necessary.
In fact, the Motion fails to explain how the financing will be used. It simply asserts
that it will help prepare Debtor’s product, and it makes the unsupported claim that Debtor
has received a large number of requests for that product. Id. at 3. But it provides no detail
about precisely how the product will be prepared, how many requests have been received,
and how much money is necessary to bring the product to market. Moreover, although an
affidavit from Debtor’s CEO filed late on March 21 suggests that the funds will be used to
pay routine expenses such as payroll, it does not explain how much money is actually
necessary to keep Debtor functioning. Dkt. #31 ¶ 11.
Nor does the Motion explain whether the financing will be sufficient to make
Debtor profitable, which is the only way the unsecured creditors’ interests could be
protected against a senior lien on all Debtor’s assets. It simply makes the bald assertion
that if the Motion is granted, “the interests of all unsecured creditors would remain more
than adequately protected by the development of its products.” Motion at 5.
The motion leaves numerous other basic questions unanswered as well. For
example, while it claims that the financing would be in the form of debt that would be
convertible to equity, it provides virtually no detail about this transaction. It simply
attaches a promissory note with numerous blanks remaining, along with a similarly blank
financing agreement, subscription agreement, and other documents. The promissory note
states that if Debtor exits bankruptcy, the debt will be convertible to equity at $0.05 per
share. The Motion fails to explain whether or how this offering would comply with the
federal and state securities laws.
Argument
As Debtor’s Motion acknowledges, the Court cannot authorize lending in exchange
for a superpriority lien under Section 364(d) unless the debtor has proven that no other
financing was available and has demonstrated the existence of adequate protection. In re
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Plabell Rubber Products, Inc., 137 B.R. 897, 901 (Bankr. N.D. Ohio 1992). Debtor has
failed to prove anything, let alone meet these requirements. Debtor simply asserts that it
could not obtain financing without providing a senior lien. And the CEO’s affidavit states
that Debtor unsuccessfully sought financing from lending institutions and private
individuals. Dkt. #31 ¶¶ 13-14. But his say-so is no substitute for actual evidence. See In
re 495 Cent. Park Ave. Corp., 136 B.R. 626, 630-31 (Bankr. S.D.N.Y. 1992) (“[T]he
debtor must make an effort to obtain credit without priming a senior lien.”).
Before the Court can find that either of Section 364(d)’s requirements have been
satisfied, it should require Debtor to demonstrate at least: (1) who the investors are and
their ability to provide the financing; (2) other efforts Debtor made to secure financing;
(3) Debtor’s current profitability; (4) Debtor’s expected profitability after obtaining the
financing; (5) who has expressed interest in Debtor’s product; (6) how the creditors will be
adequately protected; (7) what the funds will be used for; (8) what the terms of the
financing are; and (9) whether the financing arrangement complies with the applicable
securities laws. Such evidence is especially important because the senior lien Debtor
seeks would cover all its assets and could wipe out the unsecured creditors if Debtor’s
reorganization efforts are unsuccessful.
At a minimum, Debtor should be required to provide the 14-day notice required
under Fed. R. Bankr. P. 4001(c)(3) to obtain credit. This is especially true because
nothing in Debtor’s Motion demonstrates that the estate will suffer “immediate and
irreparable harm” if the financing is not authorized sooner. See Fed. R. Bankr. P.
4001(c)(3).
Conclusion
To be clear, Gemini is not categorically opposed to Debtor obtaining financing.
But this request fails to include a great deal of important information. The Court should
require that this information be provided. At a minimum, it should require that the hearing
be reset for sometime after the 14-day notice period set forth in Rule 4001.
4 2782410.1
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DATED this 21st day of March, 2012.
LEWIS AND ROCA LLP
By /s/ Jeffrey L. SklarRobert M. Charles, Jr.
Jeffrey L. Sklar
Gemini Master Fund, Ltd.
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Proof of Service
COPY of the foregoing served via the Court’s ECF system and by email on March 21,
2012 to each of the parties listed below, and via first class mail, postage prepaid, addressed
as follows where no email address is listed:
Eric Slocum Sparks
Eric@ericslocumsparkspc.com
Law Offices of Eric Slocum Sparks, P.C.
110 South Church Avenue, #2270
Tucson, AZ 85701
Attorney for Debtor
Elizabeth C. Amorosi
Elizabeth.C.Amorosi@usdoj.gov
Assistant United States Trustee
230 North First Avenue, Suite 204
Phoenix, AZ 85003-1706
Brian A. Laird
Heurlin Sherlock Laird
1636 North Swan Road, Suite 200
Tucson, AZ 85712-4096
blaird@hslazlaw.com
/s/ Renee L. Creswell
Renee L. Creswell
Lewis and Roca LLP
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Why do I have to look up what I know are the facts, LOL!!!!!!!
That settlement is a matter of record. JB got shares and warrents. Plus money, I believe. Look it up.
GRIFFIN got let go. But with a consultation fee. He was allowed to "resign", the ususal gentlemans agreement. Such as WADE got..allowed to9 retire. But WADE did not wanta retire. So he led the lawsuit against CDEX..
This s far from a 50-50 toss. CDEX has far from an even chance of becoming profitable. The TROO BLEEVERS are non-existant..except for PERHAPS one or two.
The BK court allowing CDEX a shot came because the creditors DID NOT OBJECT BY MAJORITY..not because they endorsed anything.
It cost them nothing that was not ALREADY LOST..
You say no, and I say yes. One of us will be wrong and the other right.
Not much Longer, before we ALL will be enlightened.
Now, that additional funding is not counted as sales!!!
But one seriously might wonder why funding is coming in???
Obviously having business sense is not very strong for some post on this board, LOL!!!
That post was about CROW3, not about CDEX...but if you have contrary info..why not post it??
Jen is probably right insofar as he blames MP for being a LYING crook. And an EGOist. And a control freak.
But I do not buy that MP deliberately stymied efforts to tweak the tech and make it salable. He kept WADE etc on his payroll as long as he could..until the running money ran too low.
The sad truth is that neither MP, the son of Missionaries used to living on contributions and a superb salesman, Nor any other CEO of CDEX can sell what is neither wanted or needed by the Pharmacy industry..nor Law enforcement. Nor the Realestate business. Nor any and all ETCs.
They can tell lies and put forth false expectations and false projections of future sales, and other utter boolSHEET and get people fired up to buy shares, both PP and regular maarket. Especially people such as flush sports figures and other unsophisticated peoples with some money.
They can also attract such as flip traders and P&D artists with an eye on quick money, to help TOUT the shares. The upshot is that there is no long term potential in the products. Only short term potential for the shares, which inevitably dies away.
That potential for CDEX shares has died away. A whole new story is needed to revive it. THE IG4 is it, so far. I cannot see that it will do anything much...despite the DOG and PONY shows.
One of their best sources of help in TOUTing has died away...almost completely. The shareholders that used to post here and on RB. Once TROO BLEEVERS..believe no more.
I pick zero sales.
The Judge says pay the NOO YAWK LAWYER...Missus OHARA> 23 big ones..plus change.
DUNNO if she has agreed to take CDEX shares..But I am strongly inclined to think not.
Yet another pony show...when yall gonna learn some new tricks??
One month of the FY fourth quarter done almost gone. You lose count of that?
Can you maybe a scant bit clearer but if not I don't care.
My guess is that sale of the IG4 will be zero during this here year of 2012.
NEWTON figgered out that moon is always falling toward the earth, and that the earth is always gettin outa the way. He got his inspiration from an apple that fell out a tree and conked him.
From this, he invented gravity. Built the gravity machine located at zero longitude and saved mankind from having to tote a sack of rocks to keep earthbound and not float off into space. Got knighted for it..and became SIR ISSAC.
We will one day see JB get a similar award for the IMAGINARY G4.
All you gotta do is locate wunna them in a hospital..and sure enuff...everbody in the hospital will get well instantly..And the DOCS< NURSES AND ORDERLIES will quit using the narcotics meant for the sick. THEY WILL NO LONGER BE IMPAIRED!!!!
And what of CDEX?? Why the shares will jump beyond those of APPLE..and make all shares holders with enuff sense to hold onto their shares filthy rich!!!
Why of course, DIDDYSAN..all great projects are done that way!!
Einstien set out to formulate to theory of relativity, he figgered out what he wanted to prove first. He concentrated on CLOCKS..Why? Because he could see that big clock atop the building next to the patent office. Nobody believed him, either.
All great men OF IMAGINATION like JB are dis-believed at first!!
So he writes the operating manual. Includes lots of big words, lots of complicated instructions. A lot of outcomes that cures the faults of the VALIMED.
Now, he has his operating manual, but nothing to operate. Will that stop him?? Heck no!! He has a leftover VALIMED. Several, in fact. Knows where he can get some sheet metal, and where there is A PAINTER IN TOWN.
HE CALLS UP WADE. RING, RING HELLO. You know what? he says. I got me a list of thangs that the VALIMED will not do. I want to be able to say that we have fixed them prollems. Will you back me up if I say that? WADE had just been asleep and said..say whatcha want and you can quote me if it make you feel better.
RIGHT THEN AND THERE WAS BORN THE IMAGINARY G4!!
By the time WADE was fully awake, he felt for his head..and found some GOAT HORNS. IMAGINATION IS A POWERFUL THING INDEED!!
August operating report has been filed with the BK court. They made no money but did not neglect to pay JB 45K+ for salary for AUG..and reimburse him for expenses.
Still saying that the IG4 is not yet into production. ANYBODY SURPRISED??
ONE THING ONLY have we learned for sure re CDEX over the years..APPEARANCES ARE DECEIVING..because they are MEANT TO DECEIVE..and sell shares..Ask the LONG BOARD...
As for the " Cdex is a goner", lol, been reading that clueless Statement for YEARS, lol.
STABBING A BIT...to see if anything pops out..LOL!!
Worry not..nothing will.
SUBTLE is not among your talents.
CDEX is a goner, and the coming days and weeks will prove it.
WADE WAS fired...which is why he sued for back wages and to get back his toy from the LAB.
When them two shares hit a peak of 2000 bucks apiece..which according to Mr. S should not be very long, I will send you half..and the rest for "su esposa".LOL!! Hate so see you sell SUCH a valuable asset for pennies!!!!!
A bit older not much wiser and still gotta beat off the wimmen with a baseball bat. My charm, nae doot!! LOL!!
As for CDEX it is kapoot, awaiting the undertaker. Mr S and his bunch promised money to run few weeks.. for all we know, they might have decided to not turn that money a loose into JBs well stickied fingers. I know I wouldnt.
And how is stuff going up in the hills?? Seen RAIDER lately??
BTW, I heve decided to offer you a dime apiece for your two shares. NEED me a souviener. No need to mail me the shares. Just say ok, and I will print them out. LOL!!
They are driving the same sort of lies as they have been driving like forever. That Glenlivit sounds delicious. Tip a wee jar for me when you open it.
That is not what tyhey promised the JUDGE. They claimed to have actual buyers lined up. Chomping at the bit to buy. Had they got permission to go ahead and actually get the funding as the requested and the JUDGE refused early on he said that he would get beau-coup money in SEPTEMBER.
Don't forget...he/she... LOL!! ...is JBs financial angel.
One day soon he/she will get to foreclose..unless he and his friends are really fool enough to take shares in lieu of DOE RAY ME. Not that they will have much choice.
Me too. I believe the same as you.
What amazes me is that WADE is letting himself be set up as the GOAT. But I guess he may be used to that, MP did it too.
The one time he posted on the forum, MP shut his face. "ONLY I SPEAK FOR CDEX"..said MP.
MP then later on fired him, called it a "well deserved retirement"..and swiped one of his instruments in the "LAB".
I guess that WADE figgers his Religious thingy gives him some security.
How many IG4's have sold? LOL, lets wait and see, Cdex just came out od Chapter 11. lol.
Good to see that you are still "optimistic." You missed the Sept and OCT..good news that you predicted.
RAIDER always said "next year"..
So how many IG4s they done sold?? Since they had some dead on ready, and numerous buyers already agasp to buy some..it shoulda been a slam dunk. SURELY JB DID NOT LIE ABOUT ALLA THAT, did he?? Not even if he can blame it on WADE!! LOL!!
Ah yes, I forgot. You did not get a white paper from Gude ole jim yet!! Could it be that he is having trouble confirming the capabilities of that IG4?? His COLLEAGUES refusing to join him this time??
Why you plum welcome, senor street! Glad to enlighten you as to FACTS,,,and FACKs!!
The fat lady, of which are in abundance, is no a myth..unlike the MYTH Gun and the IMAGINARY G4.
And she has no frog in her throat. She sings of the dead CDEX with clearness (THOUGH IN ITALIAN) and even weeps about that demise. A compassionate lady, is she.