California Northern Bankruptcy Court

Certificate of Service , Declaration of Mailing (RE: related document(s) 123 Notice of Entry of Order). Filed by Interested Party Andrea A. Wirum (Maher, Charles) (Entered: 09/27/2018)

Notice of Entry of Order Regarding: (Notice of Order Substantively Consolidating Cases) (RE: related document(s) 122 Order Granting Motion for Substantive Consolidation (Related Doc 93) 18-30581. (lp) Modified on 9/26/2018 (mc).). Filed by Interested Party Andrea A. Wirum (Maher, Charles) (Entered: 09/27/2018)

Order Granting Motion for Substantive Consolidation (Related Doc 93) 18-30581. (lp) Modified on 9/26/2018 (mc). (Entered: 09/26/2018)

Certificate of Service of proposed Order Granting Motion for Substantive Consolidation (with copy of proposed order attached) Filed by Interested Party Andrea A. Wirum (Maher, Charles) (Entered: 09/26/2018)

Certificate of Service of proposed Order Granting Motion for Substantive Consolidation (with copy of proposed order attached) Filed by Interested Party Andrea A. Wirum (Maher, Charles) Modified on 9/21/2018 DEFECTIVE ENTRY: PDF docketed in incorrect case.(dts). (Entered: 09/21/2018)

Hearing Dropped. The hearing on 9/21/18 at 10:00 a.m. is taken off calendar per the court's 9/19/18 Docket Text Order. (related document(s): 93 Motion to Consolidate filed by Andrea A. Wirum) (lp) (Entered: 09/19/2018)

(no separate order issued:) Granted The Motions for Substantive Consolidation of the Ho ((18-30581) and Big Max (18-30031) cases filed by Andrea Wirum have not been opposed by any creditor of either estate, nor anyone else with standing. Both estates are insolvent, and counsel for Ms. Ho and Big Max has made no showing of how either debtor can be heard in opposition. Neither has an economic stake in the outcome. Further, Big Max is no longer under the control of Ms. Ho, so how counsel can purport to act on its behalf after Ms. Wirum has taken control is a mystery. Joinder by Ms. Schoenmann is also telling. The somewhat confusing state of the record as to which lawyers represented whom, and how the various creditors may have dealt with these debtors, does perhaps raise a material fact question; the entanglement of financial affairs alternative, however, is clearly established by Ms. Hos own testimony and has not been seriously contested. Under controlling authority cited by all parties, that is sufficient to justify substantive consolidation. What is not justified is the gratuitous and uncalled comment by counsel for the debtors about trustee greed on the part of Ms. Wirum and the unmasking of her strategy. Those remarks are wholly out of line. The motions are GRANTED and dropped from the September 21, 2018 10:00 AM calendar. Counsel for Ms. Wirum should serve and upload orders in both cases. The orders should include a designation of the substantively consolidated cases under one caption, with the lower number for Big Max (18-30031) shown as lead case. (RE: related document(s) 93 Motion to Consolidate filed by Interested Party Andrea A. Wirum). (Montali, Dennis) (Entered: 09/19/2018)

Schedule of Post-Petition Debts Report of Remaining Assets and Post-Petition Debt of Former Debtor-In-Possession in Converted Case Pursuant to FRBP 1019(5), with Certificate of Service Filed by Debtor Big Max, LLC (Hinds, James) (Entered: 09/13/2018)

Supplemental Declaration of Thomas F. Koegel in Support of Big Max Trustee's Joinder in Motion to Substantively Consolidate (RE: related document(s) 117 Joinder). Filed by Trustee E. Lynn Schoenmann (Attachments: # 1 Exhibit A--Eshoo Office Response # 2 Exhibit B--Eshoo Engagement Letter) (Koegel, Thomas) CORRECTIVE ENTRY: Clerk modified docket text Modified on 9/13/2018 (ka). Modified on 9/13/2018 (dc). (Entered: 09/12/2018)

Joinder of Chapter 7 Trustee E. Lynn Schoenmann in Motion to Substantively Consolidate (RE: related document(s) 93 Motion to Consolidate). Filed by Trustee E. Lynn Schoenmann (Koegel, Thomas) (Entered: 09/07/2018)