Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305
0E537 - I4
IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
Ed Map, Inc.
Plaintiff Case No. 18 CV 002305
VS.
Delta Career Education Corporation, et al. Judge Karen Phipps
Defendants
NOTICE OF BANKRUPTCY FILING AND OF AUTOMATIC STAY REGARDING
DEFENDANTS DELTA CAREER EDUCATION CORPORATION, MILLER-MOTTE
BUSINESS COLLEGE, INC., McCANN SCHOOL OF BUSINESS AND TECHNOLOGY,
INC., McCANN EDUCATION CENTERS, INC., BERKS TECHNICAL INSTITUTE,
INC., ATLANTIC COAST COLLEGES, INC., PIEDMONT BUSINESS COLLEGES,
INC. AND PALMETTO TECHNICAL COLLEGES, INC.
David M. Whittaker, the Trustee (“Trustee”) in the Chapter 7 bankruptcy case filed by
the Plaintiff Ed Map, Inc. notifies the Court as follows:
1 On July 27, 2018 the Defendants Delta Career Education Corporation, Miller-Motte,
Business College, Inc., McCann School of Business and Technology, Inc., McCann
Education Centers, Inc., Berks Technical Institute, Inc., Atlantic Coast Colleges, Inc.,
Piedmont Business Colleges, Inc. and Palmetto Technical Colleges, Inc. (the “Delta
Defendants”) each filed a Chapter 7 petition in the U.S. Bankruptcy Court for the
Eastern Division of Virginia. A copy of the Notice of the Delta Career Education
Corporation Chapter 7 is attached as Exhibit A.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305
0E537 - I4
2. On August 1 2018 the Bankruptcy Court entered an Order for the Joint
Administration of the Chapter 7 cases of the Delta Defendants (plus certain other
related Chapter 7 debtors who are not parties in this case). A copy of the Joint
Administration Order is attached as Exhibit B
3 Notice is further given that the provisions of 11 U.S.C. §362(a) create an automatic
stay upon the filing of the Chapter 7 cases by the Delta Defendants. Specifically,
§362 states as follows
§ 362
Automatic stay
{a} Except as provided in subsection (b) of this section, a petition filed under section or
“HSS of this fitle, or an application filed under section 5(a)(3) of the Securities Investor Protection Act
of 1970, operates as a stay, applicable to all entities, of—
4)
the commencement or continuation, ins’ the issuance or employment of process, of a judicial,
administrative, or other action or proceeding against the debtor that was or could have been
commenced before the commencement of the case under this title, or to recover a
«; that arose before the commencement of the case under this title;
(2)
the enforcement, against the debtor or against property of the estate, of a judgment obiained before
the commencement of the case under this fitle
{3
any act io obtain possession of property of the estate or of property from the estate or te exercise
control over property of the estate.
(4)
any act to create, perfeci, or enforce any against properly of ithe estate:
(5)
any act to create erfect, or enforce against property of the debtor any lien to the extent that such
Cures a hat arose before the commencement of the case under this title
(8) yet he de!
any act to collect, assess, OF recover @ that arose before the
commencement of the case under this title:
(7)
the setoff of any debt owing to the debtor that arose before ihe commencement of the case under
this title against any and
(8)
the commencement or continuation of a proceeding before the MesienS$ Tax Court concerning a
tax lability of a debtor that is a corporation for a taxable period the bankruptcy court may determine
or concerning the tax liability of a debior who is an individual for a taxable period ending before the
date of the under this title,
Therefore, this case is stayed with respect to the Delta Defendants
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305
0E537 - I4
Respectfully submitted,
/s/ David M. Whittaker
David M. Whittaker, Esq. (0019307)
Isaac Wiles Burkholder & Teetor, LLC
Two Miranova Place, Suite 700
Columbus, OH 43215
PH: (614) 340-7431
FAX: (614) 365-9516
Email: dwhitiaker@isaacwiles.com
Chapter 7 Trustee for Ed Map, Inc.
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing Notice of Bankruptcy Filing and of
Automatic Stay was served upon the following parties by electronic service at the email address
registered with the Court on February 20, 2019.
David M. Whittaker, Esq.
Chapter 7 Trustee for Ed Map, Inc.
Elizabeth Moyo, Esq.
Allen Carter, Esq.
Michael Mullaly, Esq.
C. Craig Woods, Esq.
Andrew H. King, Esq.
4819-2347-8152.1
0E537 Baste
in Ci 0}
‘Ict 0; NY Ohio Gakot Courts of the Common Pleas- 2019 Feb 20 9:54 AM-1 Scvag2305 of2
ginia
United States Bankruptcy Court
EXHIBIT A
Eastern District of Virginia
Notice of Bankruptcy Case Filing Kee BAN MK Fidags
fy oy
Poy ie. “Sh
A bankruptcy case concerning the debtor(s) listed < uN
“ey cf)
below was filed under Chapter 7 of the United States RR AZ i
in
Bankruptcy Code, entered on 07/27/2018 at 11:57 AM i
and filed on 07/27/2018. > a
is
Delta Career Education Corporation
c/o The UPS Store
107 S. West St., Ste. 823 Se,
a HN. NaPart ts
a
A
Alexandria, VA 22314 ot
ve
CO wy
Tax ID/EI J] aye
dba Delta — Career Corporation
"ERM o 1ST
RATER
The case was filed by the debtor's attorney: The bankruptcy trustee is:
Peter J. Barrett Harry Shaia, Jr
Kutak Rock L.L.P. Spinella, Owings & Shaia, P.C.
901 East Byrd Street 8550 Mayland Drive
Suite 1000 Richmond, VA 23294
Richmond, VA 23219-4071 (804) 747-0920
804-644-1700
The case was assigned case number 18-33822-KLP to Judge Keith L. Phillips.
In most instances, the filing of the bankruptcy case automatically stays certain collection and other
actions against the debtor and the debtor's property. Under certain circumstances, the stay may be
limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay.
If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be
penalized. Consult a lawyer to determine your rights in this case.
If you would like to view the bankruptcy petition and other documents filed by the debtor, they are
available at our Internet home page http://www.vaeb.uscourts.gov or at the Clerk's Office, 701 East
Broad Street, Richmond, VA 23219.
You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting
forth important deadlines.
William C. Redden
Clerk, U.S. Bankruptcy
Court
https://ecf.vaeb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?692453 2/19/2019
inklin Co} ty Ohio Sark of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-1 sevagese,
0E537 Basted istrict 0: irginia of 2
PACER Service Center
Transaction Receipt
02/19/2019 09:14:03
PACER. (Client 170001-
liw2miranova:2660783;5268363} Cod
(Login: (00048
[Search 18-33822-
Description: (Notice of Filing
Criteria IKLP
\Billable
1 Cost: 0.10
[Pages:
https://ecf. vaeb.uscourts.gow/cgi-bin/NoticeOfFiling.pl?692453 2/19/2019
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305
0E537 - I4
Case 18-33822-KLP Doc18 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main
Document Page 1 of 7
KUTAK ROCK LLP
Loc Pfeiffer (VSB No. 39632)
Peter J. Barrett (VSB No. 46179) EXHIBIT B
901 East Byrd Street, Suite 1000
Richmond, Virginia 23219
804-644-1700
loc.pfeiffer@kutakrock.com
peter.barrett@kutakrock.com
Counsel to the Debtors
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
Inte: Chapter 7
DELTA CAREER EDUCATION Case No. 18-33822-KLP
CORPORATION,
Debtor.
Tax LD. —_——
Inre: Chapter 7
DELTA EDUCATIONAL SYSTEMS, INC., Case No. 18-33818-KLP
Debtor.
TxlD i. —
In re: Chapter 7
NATIONAL CAREER EDUCATION, INC., Case No, 18-33829-KLP
Debtor.
TxlD vo —_—
Inre: Chapter 7
SOUTHWEST BUSINESS COLLEGES, Case No. 18-33831-KLP
INC.,
Debtor.
4849-0879-1150.1
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305
0E537 - I4
Case 18-33822-KLP Doc18 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main
Document Page
2 of 7
Ta LD. No, —_——__
Inre: Chapter 7
CREATIVE CIRCUS, INC., Case No. 18-33814-KLP
Debtor.
TxID i —_—
In re: Chapter 7
ATLANTIC COAST COLLEGES, INC., Case No. 18-33820-KLP
Debtor.
Tax lo —_—_
Inre: Chapter 7
MCCANN EDUCATION CENTERS, INC., Case No. 18-33828-KLP
Debtor.
Tax LD. —_—_—__
In re: Chapter 7
BERKS TECHNICAL INSTITUTE, INC., Case No, 18-33821-KLP
Debtor.
TxlD vo —_—_—_
Inre: Chapter 7
MCCANN SCHOOL OF BUSINESS AND Case No. 18-33825-KLP
TECHNOLOGY, INC.,
Debtor.
Tax LD. N, —_—_—
4849-0879-1150.1
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305
0E537 - I4
Case 18-33822-KLP Doc18 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main
Document Page 3 of 7
In re: Chapter 7
MILLER-MOTTE BUSINESS COLLEGE, Case No. 18-33827-KLP
INC.,
Debtor.
Txll Wo —_—
In re: Chapter 7
PALMETTO TECHNICAL COLLEGE, INC., Case No. 18-33801-KLP
Debtor.
Tax LD... —_——
Inre: Chapter 7
PIEDMONT BUSINESS COLLEGES, INC., Case No. 18-33830-KLP
Debtor.
Tax LD. —_——_
Inre: Chapter 7
ACADEMY OF COURT REPORTING, INC., Case No, 18-33819-KLP
Debtor.
Tax LD. —_——
In re: Chapter 7
THE MIAMI-JACOBS BUSINESS Case No. 18-33826-KLP
COLLEGE COMPANY
Debtor.
TxlD NN —
4849-0879-1150.1
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305
0E537 - I4
Case 18-33822-KLP Doc18 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main
Document Page 4 of 7
ORDER (1) DIRECTING JOINT ADMINISTRATION OF
CHAPTER 7 CASES AND (II) GRANTING RELATED RELIEF
Upon the motion (the “Motion”)' of the above-captioned debtors and debtors in
possession (collectively, the “Debtors”) for entry of an order (this “Order”): (a) directing the
joint administration of the Debtors’ chapter 7 cases for procedural purposes only; and
(b) granting related relief, all as more fully set forth in the Motion; and this Court having
jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and this Court having found
that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and that this Court may enter a
final order consistent with Article III of the United States Constitution; and this Court having
found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C.
§§ 1408 and 1409; and this Court having found that the Debtors’ notice of the Motion and
opportunity for a hearing on the Motion were appropriate under the circumstances and no other
notice need be provided; and this Court having reviewed the Motion and having heard the
statements in support of the relief requested therein at a hearing before this Court
(the “Hearing”); and this Court having determined that the legal and factual bases set forth in the
Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the
proceedings had before this Court; and after due deliberation and sufficient cause appearing
therefor, it is HEREBY ORDERED THAT:
1 The Motion is granted as set forth herein.
2. The above-captioned chapter 7 cases are consolidated for procedural purposes
only and shall be jointly administered by the Court under Case No. 18-33822-KLP.
3 The caption of the jointly administered cases should read as follows:
Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Motion.
4
4849-0879-1150.1
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305
0E537 - I5
Case 18-33822-KLP Doc1i8 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main
Document Page 5 of 7
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
In re: Chapter 7
DELTA CAREER EDUCATION Case No. 18-33822-KLP
CORPORATION, et al.,?
Debtors. ) Jointly Administered
)
4. The foregoing caption satisfies the requirements set forth in section 342(c)(1) of
the Bankruptcy Code.
5. A docket entry, substantially similar to the following, shall be entered on the
docket of each of the Debtors other than Delta Career Education Corporation to reflect the joint
administration of these chapter 11 cases:
An order has been entered in accordance with Rule 1015(b) of the
Federal Rules of Bankruptcy Procedure and Rule 1015-1 of the
Local Bankruptcy Rules for the United States Bankruptcy Court
for the Easter District of Virginia directing joint administration
for procedural purposes only of the chapter 7 cases of: Delta
Career Education Corporation, Case No. 18-33822; Delta
Educational Systems, Inc., Case No. 18-33818; National Career
Education, Inc., Case No. 18-33829; Southwest Business Colleges,
Inc., Case No. 18-33831; Creative Circus, Inc., Case No. 18-
33814; Atlantic Coast Colleges, Inc., Case No. 18-33820; McCann
Education Centers, Inc., Case No. 18-33828; Berks Technical
Institute, Inc., Case No. 18-33821; McCann School of Business
and Technology, Case No. 18-33825; Miller-Motte Business
College, Inc., Case No. 18-33827; Palmetto Technical College,
Inc., Case No. 18-33801; Piedmont Business Colleges, Inc., Case
No. 18-33830; Academy of Court Reporting, Inc., Case No. 18-
33819; and The Miami-Jacobs Business College Company, Case
The Debtors in these chapter 7 cases, along with the last four digits of each Debtor’s federal tax identification
number, include Delta Career Education Corporation (5135); Delta Educational Systems, Inc. (9702); National
Career Education, Inc. (3855); Southwest Business Colleges, Inc. (3438); Creative Circus, Inc. (1026); Atlantic
Coast Colleges, Inc. (4068); McCann Education Centers, Inc. (2761); Berks Technical Institute, Inc. (9439);
McCann School of Business and Technology (2608); Miller-Motte Business College, Inc. (1751); Palmetto
Technical College, Inc. (6130); Piedmont Business Colleges, Inc. (4202); Academy of Court Reporting, Inc.
(3484); and The Miami-Jacobs Business College Company (9487).
5
4849-0879-1150.1
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305
0E537 - I5
Case 18-33822-KLP Doc18 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main
Document Page 6 of 7
No. 18-33826. The docket in Case No. 18-33822 should be
consulted for all matters affecting this case.
6. The Debtors shall maintain, and the Clerk of the United States Bankruptcy Court
for the Eastern District of Virginia shall keep, one consolidated docket, one file, and one
consolidated service list for these chapter 7 cases.
7 Nothing contained in the Motion or this Order shall be deemed or construed as
directing or otherwise effecting a substantive consolidation of these chapter 7 cases.
8. The requirement under Local Bankruptcy Rule 9013-1(G) to file a memorandum
of law in connection with the Motion is waived.
9 Notice of the Motion as provided therein is good and sufficient notice of such
Motion and the requirements of the Bankruptcy Rules and the Local Bankruptcy Rules are
satisfied by such notice.
10. The Debtors and the appointed chapter 7 trustee are authorized to take all actions
ecessary to effectuate the relief granted in this Order in accordance with the Motion.
11. This Court retains jurisdiction with respect to all matters arising from or related to
the implementation, interpretation, and enforcement of this Order.
Dated: Aug 12018 /s/ Keith L. Phillips
Richmond, Virginia UNITED STATES BANKRUPTCY JUDGE
Entered on Docket: Aug 1 2018
4849-0879-1150.1
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305
0E537 - I5
Case 18-33822-KLP Doc1i8 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main
Document Page 7 of 7
We ask for this:
/s/ Peter J, Barrett
KUTAK ROCK LLP
Loc Pfeiffer (VSB No. 39632)
Peter J. Barrett (VSB No. 46179)
901 East Byrd Street, Suite 1000
Richmond, Virginia 23219
804-644-1700
loc.pfeiffer@kutakrock.com
peter. barrett@kutakrock.com
Counsel to the Debtors
Seen and agreed:
s/ ili scious
William A. Broscious, Esquire
Kepley Broscious & Biggs, PLC
2211 Pump Road
Richmond, Virginia 23233
804.741.0400
WBroscious@kbbplc.com
Proposed Counsel to the Trustee
E) IN UNDER L ;ANKRUPTCY Rl -1(C
Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing
proposed order has been endorsed by or served upon all necessary parties.
/s/ Peter J. Barrett
4849-0879-1150.1
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305 0E537 - I4 IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO Ed Map, Inc. Plaintiff Case No. 18 CV 002305 VS. Delta Career Education Corporation, et al. Judge Karen Phipps Defendants NOTICE OF BANKRUPTCY FILING AND OF AUTOMATIC STAY REGARDING DEFENDANTS DELTA CAREER EDUCATION CORPORATION, MILLER-MOTTE BUSINESS COLLEGE, INC., McCANN SCHOOL OF BUSINESS AND TECHNOLOGY, INC., McCANN EDUCATION CENTERS, INC., BERKS TECHNICAL INSTITUTE, INC., ATLANTIC COAST COLLEGES, INC., PIEDMONT BUSINESS COLLEGES, INC. AND PALMETTO TECHNICAL COLLEGES, INC. David M. Whittaker, the Trustee (“Trustee”) in the Chapter 7 bankruptcy case filed by the Plaintiff Ed Map, Inc. notifies the Court as follows: 1 On July 27, 2018 the Defendants Delta Career Education Corporation, Miller-Motte, Business College, Inc., McCann School of Business and Technology, Inc., McCann Education Centers, Inc., Berks Technical Institute, Inc., Atlantic Coast Colleges, Inc., Piedmont Business Colleges, Inc. and Palmetto Technical Colleges, Inc. (the “Delta Defendants”) each filed a Chapter 7 petition in the U.S. Bankruptcy Court for the Eastern Division of Virginia. A copy of the Notice of the Delta Career Education Corporation Chapter 7 is attached as Exhibit A. Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305 0E537 - I4 2. On August 1 2018 the Bankruptcy Court entered an Order for the Joint Administration of the Chapter 7 cases of the Delta Defendants (plus certain other related Chapter 7 debtors who are not parties in this case). A copy of the Joint Administration Order is attached as Exhibit B 3 Notice is further given that the provisions of 11 U.S.C. §362(a) create an automatic stay upon the filing of the Chapter 7 cases by the Delta Defendants. Specifically, §362 states as follows § 362 Automatic stay {a} Except as provided in subsection (b) of this section, a petition filed under section or “HSS of this fitle, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of— 4) the commencement or continuation, ins’ the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a «; that arose before the commencement of the case under this title; (2) the enforcement, against the debtor or against property of the estate, of a judgment obiained before the commencement of the case under this fitle {3 any act io obtain possession of property of the estate or of property from the estate or te exercise control over property of the estate. (4) any act to create, perfeci, or enforce any against properly of ithe estate: (5) any act to create erfect, or enforce against property of the debtor any lien to the extent that such Cures a hat arose before the commencement of the case under this title (8) yet he de! any act to collect, assess, OF recover @ that arose before the commencement of the case under this title: (7) the setoff of any debt owing to the debtor that arose before ihe commencement of the case under this title against any and (8) the commencement or continuation of a proceeding before the MesienS$ Tax Court concerning a tax lability of a debtor that is a corporation for a taxable period the bankruptcy court may determine or concerning the tax liability of a debior who is an individual for a taxable period ending before the date of the under this title, Therefore, this case is stayed with respect to the Delta Defendants Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305 0E537 - I4 Respectfully submitted, /s/ David M. Whittaker David M. Whittaker, Esq. (0019307) Isaac Wiles Burkholder & Teetor, LLC Two Miranova Place, Suite 700 Columbus, OH 43215 PH: (614) 340-7431 FAX: (614) 365-9516 Email: dwhitiaker@isaacwiles.com Chapter 7 Trustee for Ed Map, Inc. CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing Notice of Bankruptcy Filing and of Automatic Stay was served upon the following parties by electronic service at the email address registered with the Court on February 20, 2019. David M. Whittaker, Esq. Chapter 7 Trustee for Ed Map, Inc. Elizabeth Moyo, Esq. Allen Carter, Esq. Michael Mullaly, Esq. C. Craig Woods, Esq. Andrew H. King, Esq. 4819-2347-8152.1 0E537 Baste in Ci 0} ‘Ict 0; NY Ohio Gakot Courts of the Common Pleas- 2019 Feb 20 9:54 AM-1 Scvag2305 of2 ginia United States Bankruptcy Court EXHIBIT A Eastern District of Virginia Notice of Bankruptcy Case Filing Kee BAN MK Fidags fy oy Poy ie. “Sh A bankruptcy case concerning the debtor(s) listed < uN “ey cf) below was filed under Chapter 7 of the United States RR AZ i in Bankruptcy Code, entered on 07/27/2018 at 11:57 AM i and filed on 07/27/2018. > a is Delta Career Education Corporation c/o The UPS Store 107 S. West St., Ste. 823 Se, a HN. NaPart ts a A Alexandria, VA 22314 ot ve CO wy Tax ID/EI J] aye dba Delta — Career Corporation "ERM o 1ST RATER The case was filed by the debtor's attorney: The bankruptcy trustee is: Peter J. Barrett Harry Shaia, Jr Kutak Rock L.L.P. Spinella, Owings & Shaia, P.C. 901 East Byrd Street 8550 Mayland Drive Suite 1000 Richmond, VA 23294 Richmond, VA 23219-4071 (804) 747-0920 804-644-1700 The case was assigned case number 18-33822-KLP to Judge Keith L. Phillips. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://www.vaeb.uscourts.gov or at the Clerk's Office, 701 East Broad Street, Richmond, VA 23219. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. William C. Redden Clerk, U.S. Bankruptcy Court https://ecf.vaeb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?692453 2/19/2019 inklin Co} ty Ohio Sark of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-1 sevagese, 0E537 Basted istrict 0: irginia of 2 PACER Service Center Transaction Receipt 02/19/2019 09:14:03 PACER. (Client 170001- liw2miranova:2660783;5268363} Cod (Login: (00048 [Search 18-33822- Description: (Notice of Filing Criteria IKLP \Billable 1 Cost: 0.10 [Pages: https://ecf. vaeb.uscourts.gow/cgi-bin/NoticeOfFiling.pl?692453 2/19/2019 Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305 0E537 - I4 Case 18-33822-KLP Doc18 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main Document Page 1 of 7 KUTAK ROCK LLP Loc Pfeiffer (VSB No. 39632) Peter J. Barrett (VSB No. 46179) EXHIBIT B 901 East Byrd Street, Suite 1000 Richmond, Virginia 23219 804-644-1700 loc.pfeiffer@kutakrock.com peter.barrett@kutakrock.com Counsel to the Debtors IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION Inte: Chapter 7 DELTA CAREER EDUCATION Case No. 18-33822-KLP CORPORATION, Debtor. Tax LD. —_—— Inre: Chapter 7 DELTA EDUCATIONAL SYSTEMS, INC., Case No. 18-33818-KLP Debtor. TxlD i. — In re: Chapter 7 NATIONAL CAREER EDUCATION, INC., Case No, 18-33829-KLP Debtor. TxlD vo —_— Inre: Chapter 7 SOUTHWEST BUSINESS COLLEGES, Case No. 18-33831-KLP INC., Debtor. 4849-0879-1150.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305 0E537 - I4 Case 18-33822-KLP Doc18 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main Document Page 2 of 7 Ta LD. No, —_——__ Inre: Chapter 7 CREATIVE CIRCUS, INC., Case No. 18-33814-KLP Debtor. TxID i —_— In re: Chapter 7 ATLANTIC COAST COLLEGES, INC., Case No. 18-33820-KLP Debtor. Tax lo —_—_ Inre: Chapter 7 MCCANN EDUCATION CENTERS, INC., Case No. 18-33828-KLP Debtor. Tax LD. —_—_—__ In re: Chapter 7 BERKS TECHNICAL INSTITUTE, INC., Case No, 18-33821-KLP Debtor. TxlD vo —_—_—_ Inre: Chapter 7 MCCANN SCHOOL OF BUSINESS AND Case No. 18-33825-KLP TECHNOLOGY, INC., Debtor. Tax LD. N, —_—_— 4849-0879-1150.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305 0E537 - I4 Case 18-33822-KLP Doc18 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main Document Page 3 of 7 In re: Chapter 7 MILLER-MOTTE BUSINESS COLLEGE, Case No. 18-33827-KLP INC., Debtor. Txll Wo —_— In re: Chapter 7 PALMETTO TECHNICAL COLLEGE, INC., Case No. 18-33801-KLP Debtor. Tax LD... —_—— Inre: Chapter 7 PIEDMONT BUSINESS COLLEGES, INC., Case No. 18-33830-KLP Debtor. Tax LD. —_——_ Inre: Chapter 7 ACADEMY OF COURT REPORTING, INC., Case No, 18-33819-KLP Debtor. Tax LD. —_—— In re: Chapter 7 THE MIAMI-JACOBS BUSINESS Case No. 18-33826-KLP COLLEGE COMPANY Debtor. TxlD NN — 4849-0879-1150.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305 0E537 - I4 Case 18-33822-KLP Doc18 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main Document Page 4 of 7 ORDER (1) DIRECTING JOINT ADMINISTRATION OF CHAPTER 7 CASES AND (II) GRANTING RELATED RELIEF Upon the motion (the “Motion”)' of the above-captioned debtors and debtors in possession (collectively, the “Debtors”) for entry of an order (this “Order”): (a) directing the joint administration of the Debtors’ chapter 7 cases for procedural purposes only; and (b) granting related relief, all as more fully set forth in the Motion; and this Court having jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and that this Court may enter a final order consistent with Article III of the United States Constitution; and this Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that the Debtors’ notice of the Motion and opportunity for a hearing on the Motion were appropriate under the circumstances and no other notice need be provided; and this Court having reviewed the Motion and having heard the statements in support of the relief requested therein at a hearing before this Court (the “Hearing”); and this Court having determined that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED THAT: 1 The Motion is granted as set forth herein. 2. The above-captioned chapter 7 cases are consolidated for procedural purposes only and shall be jointly administered by the Court under Case No. 18-33822-KLP. 3 The caption of the jointly administered cases should read as follows: Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Motion. 4 4849-0879-1150.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305 0E537 - I5 Case 18-33822-KLP Doc1i8 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main Document Page 5 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION In re: Chapter 7 DELTA CAREER EDUCATION Case No. 18-33822-KLP CORPORATION, et al.,? Debtors. ) Jointly Administered ) 4. The foregoing caption satisfies the requirements set forth in section 342(c)(1) of the Bankruptcy Code. 5. A docket entry, substantially similar to the following, shall be entered on the docket of each of the Debtors other than Delta Career Education Corporation to reflect the joint administration of these chapter 11 cases: An order has been entered in accordance with Rule 1015(b) of the Federal Rules of Bankruptcy Procedure and Rule 1015-1 of the Local Bankruptcy Rules for the United States Bankruptcy Court for the Easter District of Virginia directing joint administration for procedural purposes only of the chapter 7 cases of: Delta Career Education Corporation, Case No. 18-33822; Delta Educational Systems, Inc., Case No. 18-33818; National Career Education, Inc., Case No. 18-33829; Southwest Business Colleges, Inc., Case No. 18-33831; Creative Circus, Inc., Case No. 18- 33814; Atlantic Coast Colleges, Inc., Case No. 18-33820; McCann Education Centers, Inc., Case No. 18-33828; Berks Technical Institute, Inc., Case No. 18-33821; McCann School of Business and Technology, Case No. 18-33825; Miller-Motte Business College, Inc., Case No. 18-33827; Palmetto Technical College, Inc., Case No. 18-33801; Piedmont Business Colleges, Inc., Case No. 18-33830; Academy of Court Reporting, Inc., Case No. 18- 33819; and The Miami-Jacobs Business College Company, Case The Debtors in these chapter 7 cases, along with the last four digits of each Debtor’s federal tax identification number, include Delta Career Education Corporation (5135); Delta Educational Systems, Inc. (9702); National Career Education, Inc. (3855); Southwest Business Colleges, Inc. (3438); Creative Circus, Inc. (1026); Atlantic Coast Colleges, Inc. (4068); McCann Education Centers, Inc. (2761); Berks Technical Institute, Inc. (9439); McCann School of Business and Technology (2608); Miller-Motte Business College, Inc. (1751); Palmetto Technical College, Inc. (6130); Piedmont Business Colleges, Inc. (4202); Academy of Court Reporting, Inc. (3484); and The Miami-Jacobs Business College Company (9487). 5 4849-0879-1150.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305 0E537 - I5 Case 18-33822-KLP Doc18 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main Document Page 6 of 7 No. 18-33826. The docket in Case No. 18-33822 should be consulted for all matters affecting this case. 6. The Debtors shall maintain, and the Clerk of the United States Bankruptcy Court for the Eastern District of Virginia shall keep, one consolidated docket, one file, and one consolidated service list for these chapter 7 cases. 7 Nothing contained in the Motion or this Order shall be deemed or construed as directing or otherwise effecting a substantive consolidation of these chapter 7 cases. 8. The requirement under Local Bankruptcy Rule 9013-1(G) to file a memorandum of law in connection with the Motion is waived. 9 Notice of the Motion as provided therein is good and sufficient notice of such Motion and the requirements of the Bankruptcy Rules and the Local Bankruptcy Rules are satisfied by such notice. 10. The Debtors and the appointed chapter 7 trustee are authorized to take all actions ecessary to effectuate the relief granted in this Order in accordance with the Motion. 11. This Court retains jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order. Dated: Aug 12018 /s/ Keith L. Phillips Richmond, Virginia UNITED STATES BANKRUPTCY JUDGE Entered on Docket: Aug 1 2018 4849-0879-1150.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Feb 20 9:54 AM-18CV002305 0E537 - I5 Case 18-33822-KLP Doc1i8 Filed 08/01/18 Entered 08/01/18 15:08:16 Desc Main Document Page 7 of 7 We ask for this: /s/ Peter J, Barrett KUTAK ROCK LLP Loc Pfeiffer (VSB No. 39632) Peter J. Barrett (VSB No. 46179) 901 East Byrd Street, Suite 1000 Richmond, Virginia 23219 804-644-1700 loc.pfeiffer@kutakrock.com peter. barrett@kutakrock.com Counsel to the Debtors Seen and agreed: s/ ili scious William A. Broscious, Esquire Kepley Broscious & Biggs, PLC 2211 Pump Road Richmond, Virginia 23233 804.741.0400 WBroscious@kbbplc.com Proposed Counsel to the Trustee E) IN UNDER L ;ANKRUPTCY Rl -1(C Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing proposed order has been endorsed by or served upon all necessary parties. /s/ Peter J. Barrett 4849-0879-1150.1