WEBVTT

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Good afternoon, your honor. Sean Greacher from

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the Unconway on behalf of the debtors. Your honor.

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Just a couple of opening comments, if I could

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return to Mr. Alboros' council's motions. Your

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honor, we did list the order enforcing the automatic

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stay as a status conference. We are still facing

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a lack of cooperation and resistance in connection

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with access to the company records. And so we

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do expect that our next hearing on the 23rd,

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we will have a witness here to address that just

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as a brief update. On June 23rd, as noted in

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the report that we filed for Mr. Wagstaff, the

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debtors were stopped from completing the process

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of collecting. By the end of that week, after

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further discussions with Mr. Albor's council,

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we were informed that Mr. Albor would be at the

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headquarters in Cancun to complete this process

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and to provide the additional information and

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details regarding the estate funds that were

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diverted from the debtor accounts into separate

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accounts by Mr. Albor through entities known

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as PES and Elysium. So we coordinated with council

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to complete that process. At the end of the week,

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Mr. Albor's council advised Mr. Albor himself

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would be present. River on Mexican Council and

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the various Mexican notaries traveled to Cancun

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to be at the headquarters on Monday the 30th.

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We received correspondence from Mr. Albor late

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on Sunday the 29th advising that Mr. Albor was

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not coming, that he had no representatives that

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would provide us with access to the building

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that Valeria Albor, his daughter, and the Concepcion

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Esteban were not going to be his representatives.

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He also stated for the first time ever and inconsistent

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with his prior testimony that he had leased the

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portion of the headquarters building where the

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debtor's legal documents were housed to Concepcion

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Esteban, who you may remember was Controlladora

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Dolphin's legal counsel, but also attended the

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depositions of Mr. Albor, Wagstaff, and Strom

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in her capacity as Mr. Albor's personal counsel.

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Based on this alleged new lease, Mr. Albor is

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apparently disclaiming any responsibility for

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complying with your order to grant access to

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the records located in the premises. For Ms.

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Esteban's part, she has refused to provide access

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to the records as well unless the debtors grant

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her a full release for any past conduct and also

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pay her a severance of roughly $600 ,000. We

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sent a demand letter to Ms. Esteban at the end

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of last week. We are pursuing remedies through

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the Mexican courts. We expect that we will need

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to bring a motion before Your Honor as well.

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In the midst of all this, Mr. Albor filed a certification

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alleging that he has come into compliance with

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Your Honor's orders. Suffice it to say, we dispute

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this. We'll be submitting a declaration from

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Mr. Wagstaff in response to the certification

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and in connection with any enforcement action

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required as against Ms. Esteban. This will be

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in addition to the submission of costs related

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to state enforcement to date that we plan to

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file in accordance with the enforcement order.

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We expect that all those matters will be brought

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before you at the hearing scheduled for July

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23rd. So, Your Honor, that is where things stand.

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Operationally, we're continuing to make progress.

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You may have seen we did file some sale -related

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motions, so we're doing the best we can to continue

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to move forward. It would be nice to have full

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cooperation, and we hope that our hearing on

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the 23rd will help with that. Good afternoon,

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your honor. Can you hear me? Okay And your honor,

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thank you again for allowing me to participate

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in this via zoom I know it's typically your preference

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to have these sort of things in front of you

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I certainly would have if I could I literally

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have Another matter right after this and I have

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a deficit in all day tomorrow. So a little bit

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difficult, but I do appreciate it your honor

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Just briefly if I could until I'm out as counsel

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for mr. Albor. I did want to make a representation

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with respect to the status I do understand that

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there's some issues with respect to access to

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certain records that are held in an office of

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some sort that is being leased by Ms. Esteban.

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I can represent to you from Mr. Albor that he

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has not authorized her to block any kind of access.

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And I think the issue that's going on there has

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to do with her employment arrangement and she

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wants releases. I think she wanted a certain

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amount of money as well. I don't know the specifics

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of the leasing arrangement between the two. I'm

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simply representing that that is what the impediment

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is and that Mr. Albor maintains he's not trying

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to impede their access. They can look at whatever

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records they want to, but he's not interfering.

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And that was his statement on that. The other

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thing I wanted to bring to your attention, Your

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Honor, we didn't file. Mexican Council provided

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a declaration today pursuant to 44 .1 to simply

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advise on the status of a certain continuation

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with respect to an amparo that was preceding

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your stay enforcement order to simply explain

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what was going on there. I can represent to you

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that, because I've seen the communications, Mr.

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Eduardo was emphatic once your order went in

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to withdraw amparos. those ones that have been

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filed after your state enforcement order. And

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we did take quite a bit of time to go through

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the certification requirements. I even called

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them each, whether they were negative obligations

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or affirmative obligations, and addressed each

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one with him. So I imagine those will be dealt

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with at the 23rd, but I just want to make those

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representations to you, Your Honor. Okay, thank

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you. Your Honor, with respect to our motion,

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You know, we have a situation, obviously, which

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is certainly unfortunate in any case. We represented

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to you, concerned to the Delaware rules that

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we do have an issue with non -payment. We have

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an issue with respect to irreconcilable differences

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as well. And I'm sure Your Honor would like to

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know a lot more about what the back and forth

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is going on. I suspect some of the people on

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this Zoom call would as well. But the issue becomes

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one of invading the attorney -client privilege.

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and I certainly don't want to do anything that

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would harm my client on an exit, but I would

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just simply ask your honor to understand that

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we do have those issues here and make my representation

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as an officer of the court that they are such

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that it requires us to withdraw, your honor.

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And so today I would ask for you to grant our

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motion to withdraw. Okay, thank you. Objections

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were due at the hearing. Is there anyone who'd

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like to be heard with respect to the request

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by Mr. Moon's firm to withdraw? Mr. Gricher.

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Just a statement, Your Honor, and it is this

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Sean Gricher from Yonkanawe. As court noted on

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the hearing on the 25th, the need to come back

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to this court to obtain compliance with the automatic

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stay in Your Honor's orders is as a result of

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Mr. Albor's conduct. The motions today for withdrawal

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of counsel are similar as a result of Mr. Albor's

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conduct. Your honor scheduled the hearing on

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July 23rd for further consideration of sanctions

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arising from Mr. Albor's willful stay violations.

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We'll likely have that evidence and potentially

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evidence of more continuing violations presented

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at that date. As your honor said on the 25th,

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given Mr. Albor's continued actions here, the

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debtors believe it to be of critical importance

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that we move forward with that evidentiary presentation

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on the 23rd. And we think it's important that

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that not be delayed. as a result of Council's

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withdrawal. Other than that, letters have no

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comments or no position. Thank you. Anyone else?

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Okay, Mr. Busenkel, your firm has also filed

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a motion. We did, Your Honor. Mike Busenkel,

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Geller, Seitz, Busenkel, Brown, also on behalf

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of Mr. Albor, we did file a motion as well. the

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same basis and unless the court has any questions,

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we would respectfully be permitted to withdraw.

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Okay, thank you. Does anyone wish to be heard

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with respect to the motion filed by Mr. Buzincal's

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firm? I will say it's with more than a little

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bit of reluctance that I grant the motions and

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I say that because I think quite frankly Mr.

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Albor needs counsel in front of this court. The

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two firms who are representing him are excellent

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counsel and have been doing an excellent job

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for him and It's also helpful to the court to

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have competent counsel representing parties.

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It's helpful to me in coming to conclusions as

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to where I and how I ought to rule on certain

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matters. But I have found Mr. Moon, in particular,

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who has made most of the presentations very credible

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in front of me. I have no reason at all to doubt

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what he has put in his motion with respect to

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both non -payment and irreconcilable differences

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and the same for Mr. Buzinkel and his firm. And

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so... In those circumstances, I feel I need to

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grant the two motions, which I will do. And I

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will note that Mr. Albor, as an individual, can

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represent himself pro se, which also gives me

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an ability to grant these motions. I would not

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suggest that he do so, however. and with hope

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that he would make appropriate arrangements with

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new counsel with whom he will not have irreconcilable

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differences and with whom he will pay so that

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he is represented in front of this court. That

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being said, we are going forward on July 23rd.

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With the hearing. I previewed that at the last

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hearing, so it's no surprise to Mr Albor that

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he needs to be prepared. To go forward, whether

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he is represented or whether he is representing

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himself. And in that regard, I will note. As

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Mr Moon noted earlier. My hearings are in person.

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with only permitted exceptions in narrow circumstances.

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And in evidentiary hearings, I can't think of

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a time where I've granted a request because I

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need the witnesses on the stand in front of me

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so that I can gauge their credibility among other

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things. So that hearing is going forward. And

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hopefully, Mr. Albor will have new counsel, but

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if he doesn't, it's still going forward. So those

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two motions, as I said, they're granted. We'll

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get the orders on the docket this afternoon.

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Thank you, Your Honor. Okay. Is there anything

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else for today? No, there is not. I don't see

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anything else on the agenda. We're adjourned