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Published on 11/8/2004 in the Prospect News Distressed Debt Daily.

Court rejects Phillips as proposed examiner for Hollywood Casino Shreveport

By Jeff Pines

Washington, Nov. 8 - The U.S. Bankruptcy Court for the Western District of Louisiana rejected the U.S. trustee's choice for an examiner for Hollywood Casino Shreveport.

Judge Stephen Callaway's order denying the appointment of Louis Phillips was filed Friday. Phillips is a partner in the law firm of Gordon, Arata, McCollam, Duplantis & Eagan LLP, where he works in the Baton Rouge, La., office and leads the firm's insolvency and bankruptcy practice, according to Gordon, Arata, McCollam, Duplantis & Eagan's web site.

From May 1988 to 2002, Phillips was a judge with the U.S. Bankruptcy Court for the Middle District of Louisiana.

The court rejected Phillips because he was not one of the two choices for the position that all of the parties agreed on at hearings held on Oct. 29 and 30. The trustee was not at the hearing.

After the U.S. trustee filed the motion last week asking for court approval, Callaway polled all of the parties involved and no one wanted Phillips as an examiner.

The two choices agreed upon were David Rubin and William Greendyke with Rubin as the first choice.

Rubin is a Louisiana lawyer with the Baton Rouge firm of Kantrow, Spaht, Weaver and Blitzer and is familiar with the state's gaming commission, whereas Greendyke is not. Greendyke is considered to be fair and is a former bankruptcy judge, according to the order.

The judge ordered the trustee to appoint either Rubin or Greendyke to examine the process Hollywood Casino Shreveport used to select Eldorado Resorts LLC as the winner for its assets. Black Diamond Capital Management LLC is contesting the process and wants an examiner appointed. Black Diamond is a creditor and also bid on the assets.

An involuntary Chapter 11 petition was filed for Hollywood Casino Shreveport on Sept. 10. Its Chapter 11 case number is 04-13259.


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