There are no pending objections set for hearing on September 2, 2009 and the Court has informed the parties that it is holding the hearing only to allow interested parties to vent concerning the pending fee applications.  Accordingly, there does not appear to be any need for the Chapter 11 Trustee Kevin Padrick (“the Trustee”), Tonkon Torp LLP (Tonkon Torp”), Obsidian Finance Group (“Obsidian”) or any other party or professional to offer evidence at the September 2 hearing in support of any pending fee applications.

Nevertheless, if the Court expects to receive evidence at the September 2 hearing, then the Trustee and Tonkon Torp intend to call the following witnesses at the hearing:

1. 1.      Kevin D. Padrick

Mr. Padrick is the Chapter 11 Trustee and a principal of Obsidian.  Mr. Padrick will testify concerning his fee application as the Chapter 11 Trustee, as well as the fee applications submitted by Tonkon Torp and Obsidian.

Specifically, Mr. Padrick will testify concerning the scope and complexity of the work that he and others at Obsidian performed as the Debtor’s financial advisor prior to February 17, 2009 (the date he was appointed Chapter 11 Trustee).  Mr. Padrick will also testify concerning the scope and complexity of the work that he and his advisors (Obsidian and Tonkon Torp) performed after he was appointed Chapter 11 Trustee.  Mr. Padrick will describe the different categories of work that he and his advisors performed, including:

• Locating, organizing and reviewing the voluminous paper and electronic records of the Debtor and related entities
• Managing the Debtor’s operations
• Finalizing 1031 exchanges in order to mitigate damages claims against the Debtor
• Communicating and coordinating with the Unsecured Creditors’ Committee
• Investigating, analyzing and pursuing claims against third parties, including insurers, financial institutions, professionals and others
• Attempting to secure a voluntary transfer of the assets held by the Debtor’s shareholders
• Pursuing the adversary proceeding against the Debtor’s shareholders, including securing a prejudgment attachment and summary judgment on the turnover claim pursuant to 11 U.S.C. ss542
• Identifying, analyzing the value of, and developing a strategy for liquidating the Debtor’s assets, including the assets that were held by the Debtor’s shareholders and related entities
• Developing and finalizing the joint plan of liquidation, securing confirmation of the plan, and performing other tasks necessary to administering the estate
• Evaluating the objecting to claims filed against the Debtor
• Working with his advisors, including Tonkon Torp and Obsidian

1. 2.      Annie Buell

Ms. Buell is a partner in Tennant Investors, one of Debtor’s unsecured creditors.  Ms. Buell is the Chair of the Unsecured Creditors Committee (“the Committee”).  Ms. Buell will testify concerning the Committee’s communications and coordination with the Chapter 11 Trustee and his advisors.

DATED this 28^th day of August 2009.

TONKON TORP LLP

By /s/ David S. Aman