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You are Tipical A. Student, the Vice-President of Building Operations for Scarlet Hawk Construction, a multi-division conglomerate organized under Illinois Law. It is Monday morning,

You are Tipical A. Student, the Vice-President of Building Operations for Scarlet Hawk Construction, a multi-division conglomerate organized under Illinois Law. It is Monday morning, and the President has texted you to meet him in the Board Room when you get in.

When you get to the Board Room the in-house Counsel, Learned Hand, is there. You say, "Morn' Ray and Learned. Let me get my coffee here," and you head for the carafe. Ahh... the smell of fresh coffee.

The President chats while you're taking your first sip, "So how's the Southeast Division doing?"

"Well Fatima is doing an excellent job running that Division. I went to a few of the projects, went over Costs to and profit projections with her. She's having a bit of a challenge finding talent, but HR here is going to get involved."

"Well Tip we have a new problem and I need you to get into it quickly. On the Iowa Stadium job we have a fabrication and erection sub by the name of Bessimer Fab and Erection (BFE). Right after you left last week we got notice they had declared bankruptcy. Learned here got on the horn with the bankruptcy attorney and went out there. In 4 days he pretty much worked a miracle with a Federal Bankruptcy Judge in Omaha.

BFE is critical at this point to the stadium job and they are an unbonded sub to us. So we had an impromptu Zoom board meeting with Learned and decided to try to buy BFE to keep the job running. The other option was a new sub with all new submittals. Learned met with the bankruptcy attorney and they put together a packaged sales deal. Took it to the Judge on Thursday and got it approved on Friday, with conditions for the creditors.

So, where we are is you and Learned are flying out this afternoon to take over the company for Red Hawk in the morning. You know that Project Manager Gustave Effiel you hired last year? If you remember he worked in steel erection before you hired him. We're thinking make him the new President of BFE with guidance from our PM on the stadium and you. Sorry to make such a personnel decision without you, but if it doesn't work, we can change it."

Then Learned piped in, "I was a little bit concerned about preserving any evidence we might need and having a workspace that is ours and not inside the BFE offices. BFE is a Nebraska corporation based in Lincoln and the stadium job of course is in Iowa. Ray here suggested that we go to the company that we rent job trailers from and rent a mobile office from them. It seems it works out because we need to have our IT people go in tomorrow and change over the network to one of our networks for accounting and HR. The trailer people have mobile offices in an RV type vehicle for things like insurance companies at tornados, so we rented one and IT is loading it today with their gear. Gustave and the IT guy are driving out tonight and should be there midmorning."

Tuesday Morning at BFE.

You and Learned Hand arrive and walk into BFE to meet the company's founder Ben D. Rodriguez and his attorney John Gibbons. Introductions are made all around.

Learned Hand, "John and I have been over all of this last week. The new Board of Directors will be the same people on the Red Hawk board. We are bringing in Gustave Eiffel as the new president, other corporate officers remain the same for now. We will have an IT person here today to slave your HR and Accounting systems into the Red Hawk systems. So the Order of the Day is for John and I to get the proper filings in to show our ownership and that our people have the authority to conduct business. The Bankruptcy Judge gave us until Friday to show we have done this, but we need it as soon as possible to handle business."

Question #1 - What legal document(s) is Learned Hand going to file and where is he going to file this/these documents? Why does this have to be done to conduct business?

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