________________________________________ 

WHITEFORD, TAYLOR & PRESTON, LLP 

Bradford F. Englander (VSB # 36221) 

Joshua D. Stiff (VSB # 86105) 

3190 Fairview Park Drive, Suite 800 

Falls Church, Virginia 22042 

(703) 280-9081 

(703) 280-3370 (facsimile) 

benglander@wtplaw.com

jstiff@wtplaw.com

Special Counsel for Kevin R. McCarthy, 

Chapter 7 Trustee 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

)

In re: )

) Case No. 20-12600-KHK

HCB (2020), LLC, )

) Chapter 7

Debtor. )

)

ORDER GRANTING MOTION TO APPROVE SETTLEMENT AGREEMENT WITH 

EXPRESS CORPORATE HOUSING, LLC 

PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 9019 

On January 24, 2024, Kevin R. McCarthy (the “Trustee”), chapter 7 trustee for HCB 

(2020), LLC (the “Debtor”), by and through his special counsel, filed the Motion to Approve 

Settlement Agreement with Express Corporate Housing, LLC Pursuant to Federal Rule of 

Bankruptcy Procedure 9019 (the “Motion”)1

 seeking entry of this Order approving the Express 

Settlement Agreement pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure (the 

“Bankruptcy Rule(s)”). Based upon the pleadings filed and the representations of the Parties, and 

it appearing that the Parties seek to resolve the Adversary Proceeding according to the following 

terms, and the terms of the Express Settlement Agreement, the Court hereby makes the following 

findings of fact and conclusions of law: 

1 Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Motion. 

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1. The Motion and the relief requested therein are a core proceeding pursuant to 28 

U.S.C. § 157(b)(2), and the Court has subject matter jurisdiction to consider the same in 

accordance with 28 U.S.C. § 1334. 

2. Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 

3. Due and proper notice of the Motion has been provided and no other or further 

notice need be provided. 

4. The Court finds and determines that the relief sought in the Motion and its legal 

and factual bases establish just cause for the relief granted herein. 

Based upon the foregoing, and after due deliberation and sufficient good cause appearing 

therefor, it is hereby ORDERED, ADJUDGED and DECREED that: 

A. The Motion is GRANTED.

B. The Express Settlement Agreement attached to the Motion as Exhibit B is hereby 

APPROVED. 

C. The Trustee is hereby authorized to take any and all necessary actions to effectuate 

the Settlement. 

D. The Payment (as defined in the Express Settlement Agreement) shall not constitute 

nor be construed as a credit or offset in favor of Altair Global Services, LLC or any of its parents, 

subsidiaries, affiliates, successors, assigns and/or subsequent transferees (together, “Altair”), or 

any person other than Express. 

E. The Express Settlement Agreement does not constitute nor shall be construed as a 

release or discharge of the Trustee’s rights, claims, debts, causes of action, demands, suits for 

damages, liabilities, legal fees, acts or rights of action of any nature whatsoever, whether asserted 

or unasserted, known or unknown, that the Trustee made, could have made, or is able to make 

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against Altair, including, without limitation, the causes of action asserted by the Trustee against 

Altair in adversary proceeding no. 23-01053. 

F. The release provided by Express shall exclude release of its scheduled and filed 

claims against the Estate, except for claims arising under Section 502(h) of the Bankruptcy Code, 

which shall be released in accordance with the Express Settlement Agreement. 

G. Notwithstanding the provisions of Bankruptcy Rule 6004(h), this Order shall not 

be stayed for fourteen (14) days after its entry, and the terms and conditions of this Order shall be 

immediately effective and enforceable upon its entry. This Order is a final order and the period in 

which an appeal must be filed shall commence upon the entry of this Order. 

H. The Court shall retain jurisdiction with respect to all matters arising from or relating 

to the interpretation or implementation of this Order and the Express Settlement Agreement. 

I. Copies of this Order shall be mailed to each of the following parties: Kevin 

McCarthy, Trustee, c/o Bradford F. Englander, 3190 Fairview Park Drive, Suite 800, Falls Church, 

Virginia 22042; Express Corporate Housing, LLC, c/o Aaron M. Guerrero, 950 Echo Lane, Suite 

120, Houston, Texas 77024. 

Dated: 

United States Bankruptcy Judge 

Entered: 

Feb 27 2024 /s/ Klinette H Kindred

Feb 28 2024

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WE ASK FOR THIS: 

 /s/ Bradford F. Englander 

WHITEFORD, TAYLOR & PRESTON, LLP 

Bradford F. Englander (VSB # 36221) 

Joshua D. Stiff (VSB # 86105) 

3190 Fairview Park Drive, Suite 800 

Falls Church, Virginia 22042 

(703) 280-9081 

(703) 280-3370 (facsimile) 

benglander@whitefordlaw.com

jstiff@whitefordlaw.com 

Special Counsel for Kevin R. McCarthy, 

Chapter 7 Trustee for the Bankruptcy Estate 

of HCB (2020), LLC 

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CERTIFICATION

I hereby certify that the foregoing proposed order has either been endorsed by or served 

upon all necessary parties in accordance with Local Bankruptcy Rule 9022-1. 

 /s/ Joshua D. Stiff

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