UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) ) CORDILLERA GOLF CLUB, LLC,1 ) dba The

Club at Cordillera, ) ) Debtor. ) )

Case No. 12-11893 (CSS) Chapter 11

Re: Docket No. 69

MOTION OF CHERYL M. FOLEY, THOMAS WILNER, JANE WILNER, CHARLES JACKSON, MARY JACKSON AND KEVIN B. ALLEN, INDIVIDUALLY AND AS REPRESENTATIVES OF A CERTIFIED CLASS OF MEMBERS, TO SHORTEN THE NOTICE AND OBJECTION PERIODS IN CONNECTION WITH THEIR MOTION TO TRANSFER VENUE Cheryl M. Foley, Thomas and Jane Wilner, Charles and Mary Jackson and Kevin B. Allen, as representatives of a certified class in Case Number 11CV552, pending in the District Court of Eagle County, Colorado (collectively, the Member Representatives), by their attorneys Appel & Lucas, P.C. and Richards, Layton & Finger, P.A., hereby file this motion (the Motion to Shorten) for the entry of an order pursuant to Rule 9006(c)(1) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules) and Rule 9006-1(c) and (e) of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the Local Rules), (i) shortening the notice period with respect to the Motion of Cheryl M. Foley, Thomas Wilner, Jane Wilner, Charles Jackson, Mary Jackson and Kevin B. Allen, Individually and as Representatives of a Certified Class of Members, to Transfer Venue (the Venue Transfer Motion) so that the Venue Transfer Motion may be heard prior to the hearing on the Emergency Motion of the Debtor for Entry of Interim and Final Orders Pursuant to 11 U.S.C. 105, 361, 362, 363(c), 364(c), 364(d) and 364(e) and Fed. R. Bankr. P.
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The debtor (the Debtor) in this chapter 11 case (the Chapter 11 Case), and the last four digits of its employer identification number, is Cordillera Golf Club, LLC (1317). The address of the Debtors corporate headquarters is 97 Main Street, Suite E202, Edwards, CO 81632.

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2002, 4001 and 9014 (I) Authorizing the Debtor to Obtain Post-petition Secured Financing, (II) Granting Security Interests and Superpriority Administrative Expense Claims, (III) Granting Adequate Protection to Pre-Petition Secured Parties, (IV) Authorizing the Use of Cash Collateral as Provided Herein and (V) Scheduling a Final Hearing [Docket No. 59] (the DIP Financing Motion), which is scheduled for July 19, 2012 at 2:00 p.m. (EDT) (the July 19 Hearing) and (ii) permitting parties to file objections to the Venue Transfer Motion by no later than four (4) business days prior to the date of the hearing on the Venue Transfer Motion. In support of the Motion to Shorten, the Member Representatives respectfully state as follows: Background 1. To date, the United States Bankruptcy Court for District of Delaware (the

Delaware Bankruptcy Court) has only hand two hearings in the Chapter 11 Case. The first hearing was a short and relatively routine hearing on the first day relief sought at the first day hearing. The second hearing was a hearing on the Debtors Emergency Motion: (1) to Enforce and Extend the Automatic Stay Pursuant to Section 362(a) of the Bankruptcy Code or (2) for Injunctive Relief Pursuant to Sections 105(a) and 362 of the Bankruptcy Code or, Alternatively, a Preliminary Injunction Under Rule 7065 of the Bankruptcy Rules on an Interim Basis Through and Including July 27, 2012, Subject to Further Extension [Adv. Pro. No. 1250783; Docket No. 3], where the Delaware Bankruptcy Court denied such motion. 2. The DIP Financing Motion is scheduled to be heard by the Delaware

Bankruptcy Court at the July 19 Hearing. The DIP Financing Motion seeks to, among other things, authorize the Debtor to incur post-petition secured financing and, in connection therewith, prime the Debtors pre-petition secured lenders.

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3.

A hearing on certain relatively routine second day motions and

applications is scheduled to be heard by the Delaware Bankruptcy Court on July 27, 2012 at 1:00 p.m. (EDT). 4. Contemporaneously herewith, the Member Representatives filed the

Venue Transfer Motion seeking to transfer the Chapter 11 Case from the Delaware Bankruptcy Court to the United States Bankruptcy Court for the District of Colorado (the Colorado Bankruptcy Court). As is set forth more fully in the Venue Transfer Motion, the Colorado Bankruptcy Court is the proper Court for the Chapter 11 Case. Basis for Relief Requested 5. Local Rule 9006-1 governs the time for service and filing of motions to be

heard by this Court. Specifically, Local Rule 9006-1(c) requires that motions be filed and served at least 14 days prior to the hearing date scheduled for such motion (or 17 days if notice is given by regular mail) unless the Bankruptcy Rules or Local Rules state otherwise. Local Rule 90061(e) provides that such notice period can be shortened by order of this Court upon written motion specifying the exigencies justifying shortened notice. See Del. Bankr. L.R. 9006-1(e); see also Fed. R. Bankr. P. 9006(c) (providing that when an act is required or allowed to be done at or within a specified time by these rules or by a notice given thereunder or by order of court, the court for cause shown may in its discretion with or without notice order the period reduced). For the reasons set forth herein, the Member Representatives respectfully submit that the exigencies of this matter justify expedited consideration of the Venue Transfer Motion. 6. The Member Representatives submit that the Venue Transfer Motion

should be heard as expeditiously as possible and, in all events, prior to the July 19 Hearing, for three primary reasons. First, the Chapter 11 Case is still in its early stages. As such, the Venue

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Transfer Motion should be heard as soon as possible to maximize the amount of time that the Chapter 11 Case is before the proper court. Second, the DIP Financing Motion, which is scheduled to be heard at the July 19 Hearing, seeks to, among other things, prime the Debtors prepetition secured lenders. It is uncontroverted that [g]ranting post-petition financing on a priming basis is extraordinary and is allowed only as a last resort. In re YL West 87th Street Holdings I LLC, 423 B.R. 421, 441 (Bankr. S.D.N.Y. 2010). Further, upon information and belief, Alpine Bank Vail, one of the secured creditors that the Debtor is seeking to prime, intends to object to such priming. As a result, the July 19 Hearing will likely be a contested and complex evidentiary hearing that will require a significant amount of this Courts, the Debtors and other parties time and resources. If, as the Venue Transfer Motion states, the Chapter 11 Case should be before the Colorado Bankruptcy Court, then the Venue Transfer Motion should be heard well in advance of the July 19 Hearing to ensure that the parties and the Delaware Bankruptcy Court do not needlessly prepare and otherwise devote any resources in connection with a contested priming fight. Finally, for the reasons set forth in the Venue Transfer Motion, the Chapter 11 Case should be before the Colorado Bankruptcy Court. Accordingly, the Member Representatives submit that it is in the best interest of the Debtor and all parties in interest that the Venue Transfer Motion be heard as soon as possible. 7. Based on the foregoing, the Member Representatives believe that cause

exists for the Venue Transfer Motion to be heard on an expedited basis. 8. In addition, Local Rule 9006-1(c) requires that the objection deadline with

respect to motions be scheduled to permit all objections to be filed and served at least seven (7) days before the hearing date. The Member Representatives hereby request that the Court permit

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parties to file and serve objections to the Venue Transfer Motion, if any, by no later than four (4) business days prior to the date of the hearing set for the Venue Transfer Motion. No Previous Request 9. No previous request for the relief sought herein has been made by the

Member Representatives to this or any other court. WHEREFORE, the Member Representatives respectfully request that this Court grant the relief requested herein and such other and further relief as this Court may deem just and proper. Dated: July 3, 2012 Wilmington, Delaware /s/ Zachary I. Shapiro Mark D. Collins (No. 2981) Zachary I. Shapiro (No. 5103) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 19801 Telephone: (302) 651-7700 Facsimile: (302) 651-7701 Email: collins@rlf.com shapiro@rlf.com - and Garry R. Appel APPEL & LUCAS, P.C. 1660 17th Street, Suite 200 Denver, Colorado 80202 Telephone: (303) 297-9800 Email: Appelg@appellucas.com Attorneys for the Member Representatives

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Exhibit A Proposed Order

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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) ) CORDILLERA GOLF CLUB, LLC,1 ) dba The Club at Cordillera, ) ) Debtor. ) )

Case No. 12-11893 (CSS) Chapter 11

Re: Docket Nos. 69 & ___

ORDER SHORTENING NOTICE AND OBJECTION PERIODS WITH RESPECT TO MOTION OF CHERYL M. FOLEY, THOMAS WILNER, JANE WILNER, CHARLES JACKSON, MARY JACKSON AND KEVIN B. ALLEN, INDIVIDUALLY AND AS REPRESENTATIVES OF A CERTIFIED CLASS OF MEMBERS, TO TRANSFER VENUE Upon the motion, dated July 3, 2012 (the Motion to Shorten),2 of the Member Representatives for entry of an order shortening the notice and objection periods for the Venue Transfer Motion; and this Court having jurisdiction to consider the Motion to Shorten and the relief requested therein in accordance with 28 U.S.C. 157 and 1334; and consideration of the Motion to Shorten and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157(b); and due and proper notice of the Motion to Shorten having been provided; and it further appearing that cause exists to grant the relief requested in the Motion to Shorten; and upon due consideration of the Motion to Shorten; and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. The Motion to Shorten is GRANTED.

The Debtor in this chapter 11 case, and the last four digits of its employer identification number, is Cordillera Golf Club, LLC (1317). The address of the Debtors corporate headquarters is 97 Main Street, Suite E202, Edwards, CO 81632. Capitalized terms used herein and not otherwise defined have the meanings given to them in the Motion to Shorten.

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2.

The Venue Transfer Motion shall be considered on _____________, 2012

at ___:___ __.m. (EDT). 3. The deadline to object or otherwise respond to the relief requested in the

Venue Transfer Motion shall be _____________, 2012 at ___:___ __.m. (EDT). 4. This Court shall retain jurisdiction with respect to all matters arising from

or relating to the implementation of this Order. Dated: July ____, 2012 Wilmington, Delaware

THE HONORABLE CHRISTOPHER S. SONTCHI UNITED STATES BANKRUPTCY JUDGE

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