Good afternoon, your honor. Sean Greacher from
the Unconway on behalf of the debtors. Your honor.
Just a couple of opening comments, if I could
return to Mr. Alboros' council's motions. Your
honor, we did list the order enforcing the automatic
stay as a status conference. We are still facing
a lack of cooperation and resistance in connection
with access to the company records. And so we
do expect that our next hearing on the 23rd,
we will have a witness here to address that just
as a brief update. On June 23rd, as noted in
the report that we filed for Mr. Wagstaff, the
debtors were stopped from completing the process
of collecting. By the end of that week, after
further discussions with Mr. Albor's council,
we were informed that Mr. Albor would be at the
headquarters in Cancun to complete this process
and to provide the additional information and
details regarding the estate funds that were
diverted from the debtor accounts into separate
accounts by Mr. Albor through entities known
as PES and Elysium. So we coordinated with council
to complete that process. At the end of the week,
Mr. Albor's council advised Mr. Albor himself
would be present. River on Mexican Council and
the various Mexican notaries traveled to Cancun
to be at the headquarters on Monday the 30th.
We received correspondence from Mr. Albor late
on Sunday the 29th advising that Mr. Albor was
not coming, that he had no representatives that
would provide us with access to the building
that Valeria Albor, his daughter, and the Concepcion
Esteban were not going to be his representatives.
He also stated for the first time ever and inconsistent
with his prior testimony that he had leased the
portion of the headquarters building where the
debtor's legal documents were housed to Concepcion
Esteban, who you may remember was Controlladora
Dolphin's legal counsel, but also attended the
depositions of Mr. Albor, Wagstaff, and Strom
in her capacity as Mr. Albor's personal counsel.
Based on this alleged new lease, Mr. Albor is
apparently disclaiming any responsibility for
complying with your order to grant access to
the records located in the premises. For Ms.
Esteban's part, she has refused to provide access
to the records as well unless the debtors grant
her a full release for any past conduct and also
pay her a severance of roughly $600 ,000. We
sent a demand letter to Ms. Esteban at the end
of last week. We are pursuing remedies through
the Mexican courts. We expect that we will need
to bring a motion before Your Honor as well.
In the midst of all this, Mr. Albor filed a certification
alleging that he has come into compliance with
Your Honor's orders. Suffice it to say, we dispute
this. We'll be submitting a declaration from
Mr. Wagstaff in response to the certification
and in connection with any enforcement action
required as against Ms. Esteban. This will be
in addition to the submission of costs related
to state enforcement to date that we plan to
file in accordance with the enforcement order.
We expect that all those matters will be brought
before you at the hearing scheduled for July
23rd. So, Your Honor, that is where things stand.
Operationally, we're continuing to make progress.
You may have seen we did file some sale -related
motions, so we're doing the best we can to continue
to move forward. It would be nice to have full
cooperation, and we hope that our hearing on
the 23rd will help with that. Good afternoon,
your honor. Can you hear me? Okay And your honor,
thank you again for allowing me to participate
in this via zoom I know it's typically your preference
to have these sort of things in front of you
I certainly would have if I could I literally
have Another matter right after this and I have
a deficit in all day tomorrow. So a little bit
difficult, but I do appreciate it your honor
Just briefly if I could until I'm out as counsel
for mr. Albor. I did want to make a representation
with respect to the status I do understand that
there's some issues with respect to access to
certain records that are held in an office of
some sort that is being leased by Ms. Esteban.
I can represent to you from Mr. Albor that he
has not authorized her to block any kind of access.
And I think the issue that's going on there has
to do with her employment arrangement and she
wants releases. I think she wanted a certain
amount of money as well. I don't know the specifics
of the leasing arrangement between the two. I'm
simply representing that that is what the impediment
is and that Mr. Albor maintains he's not trying
to impede their access. They can look at whatever
records they want to, but he's not interfering.
And that was his statement on that. The other
thing I wanted to bring to your attention, Your
Honor, we didn't file. Mexican Council provided
a declaration today pursuant to 44 .1 to simply
advise on the status of a certain continuation
with respect to an amparo that was preceding
your stay enforcement order to simply explain
what was going on there. I can represent to you
that, because I've seen the communications, Mr.
Eduardo was emphatic once your order went in
to withdraw amparos. those ones that have been
filed after your state enforcement order. And
we did take quite a bit of time to go through
the certification requirements. I even called
them each, whether they were negative obligations
or affirmative obligations, and addressed each
one with him. So I imagine those will be dealt
with at the 23rd, but I just want to make those
representations to you, Your Honor. Okay, thank
you. Your Honor, with respect to our motion,
You know, we have a situation, obviously, which
is certainly unfortunate in any case. We represented
to you, concerned to the Delaware rules that
we do have an issue with non -payment. We have
an issue with respect to irreconcilable differences
as well. And I'm sure Your Honor would like to
know a lot more about what the back and forth
is going on. I suspect some of the people on
this Zoom call would as well. But the issue becomes
one of invading the attorney -client privilege.
and I certainly don't want to do anything that
would harm my client on an exit, but I would
just simply ask your honor to understand that
we do have those issues here and make my representation
as an officer of the court that they are such
that it requires us to withdraw, your honor.
And so today I would ask for you to grant our
motion to withdraw. Okay, thank you. Objections
were due at the hearing. Is there anyone who'd
like to be heard with respect to the request
by Mr. Moon's firm to withdraw? Mr. Gricher.
Just a statement, Your Honor, and it is this
Sean Gricher from Yonkanawe. As court noted on
the hearing on the 25th, the need to come back
to this court to obtain compliance with the automatic
stay in Your Honor's orders is as a result of
Mr. Albor's conduct. The motions today for withdrawal
of counsel are similar as a result of Mr. Albor's
conduct. Your honor scheduled the hearing on
July 23rd for further consideration of sanctions
arising from Mr. Albor's willful stay violations.
We'll likely have that evidence and potentially
evidence of more continuing violations presented
at that date. As your honor said on the 25th,
given Mr. Albor's continued actions here, the
debtors believe it to be of critical importance
that we move forward with that evidentiary presentation
on the 23rd. And we think it's important that
that not be delayed. as a result of Council's
withdrawal. Other than that, letters have no
comments or no position. Thank you. Anyone else?
Okay, Mr. Busenkel, your firm has also filed
a motion. We did, Your Honor. Mike Busenkel,
Geller, Seitz, Busenkel, Brown, also on behalf
of Mr. Albor, we did file a motion as well. the
same basis and unless the court has any questions,
we would respectfully be permitted to withdraw.
Okay, thank you. Does anyone wish to be heard
with respect to the motion filed by Mr. Buzincal's
firm? I will say it's with more than a little
bit of reluctance that I grant the motions and
I say that because I think quite frankly Mr.
Albor needs counsel in front of this court. The
two firms who are representing him are excellent
counsel and have been doing an excellent job
for him and It's also helpful to the court to
have competent counsel representing parties.
It's helpful to me in coming to conclusions as
to where I and how I ought to rule on certain
matters. But I have found Mr. Moon, in particular,
who has made most of the presentations very credible
in front of me. I have no reason at all to doubt
what he has put in his motion with respect to
both non -payment and irreconcilable differences
and the same for Mr. Buzinkel and his firm. And
so... In those circumstances, I feel I need to
grant the two motions, which I will do. And I
will note that Mr. Albor, as an individual, can
represent himself pro se, which also gives me
an ability to grant these motions. I would not
suggest that he do so, however. and with hope
that he would make appropriate arrangements with
new counsel with whom he will not have irreconcilable
differences and with whom he will pay so that
he is represented in front of this court. That
being said, we are going forward on July 23rd.
With the hearing. I previewed that at the last
hearing, so it's no surprise to Mr Albor that
he needs to be prepared. To go forward, whether
he is represented or whether he is representing
himself. And in that regard, I will note. As
Mr Moon noted earlier. My hearings are in person.
with only permitted exceptions in narrow circumstances.
And in evidentiary hearings, I can't think of
a time where I've granted a request because I
need the witnesses on the stand in front of me
so that I can gauge their credibility among other
things. So that hearing is going forward. And
hopefully, Mr. Albor will have new counsel, but
if he doesn't, it's still going forward. So those
two motions, as I said, they're granted. We'll
get the orders on the docket this afternoon.
Thank you, Your Honor. Okay. Is there anything
else for today? No, there is not. I don't see
anything else on the agenda. We're adjourned