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Michael G. Helms (admitted pro hac vice) THE HELMS LAW FIRM, P.L.C. 2600 North Central Avenue, Suite 940 Phoenix, Arizona 85004 Telephone: (602) 358-2060 Fax: (602) 358-2055 mghelms@mghlawfirm.com Attorneys for Best Western International, Inc. IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK In re: Case No. 10-13800 (SCC) INNKEEPERS USA TRUST, et al., Chapter 11 Debtors. Jointly Administered OBJECTION OF BEST WESTERN INTERNATIONAL, INC. TO DEBTORS PLANS OF REORGANIZATION

Best Western International, Inc. ( Best Western ), a creditor and interested party herein, hereby files its objection to confirmation of Debtors Plans of Reorganization:

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Best Western objects to confirmation of Debtors Plans of Reorganization pursuant to 11 U.S.C. 1129. Specifically, the plans contain improper non-debtor releases that render the Plans unconfirmable. The releases purport to enjoin claims against non-debtors that have no impact on these estates or the administration of these

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cases. The Court lacks jurisdiction to confirm or approve such provisions. The nondebtor releases are not justified and should not be approved. Best Western holds claims against Debtors arising from a Best Western

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Membership Agreement executed on or about May 29, 2007, on behalf of Grand Prix Floating Lessee, LLC, and Grand Prix IHM, Inc., and relating to Debtors hotel located in West Palm Beach, Florida. The Best Western Membership Agreement was also executed by Marc Winer as voting member, who became personally liable for all obligations of the hotel under the Membership Agreement.

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The Plans contain non-debtor releases. Specifically, Article VIII, Sections E and H provide for releases of the Debtors and their officers, agents, principals and employees from all claims related to, among other matters, the Debtors and their Chapter 11 cases. No justification for releasing non-debtor parties such as Mr. Winer is provided by

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Debtors. Mr. Winer is contributing nothing toward the Plan, and providing no consideration for his release. Before a Bankruptcy Court may approve a non-debtor release, it must first determine whether it has jurisdiction to do so. In re Johns-Manville Corporation, 517 F.3d 52 (2d Cir. 2008), vacated and remanded on other grounds, 129 S.Ct. 2195 (2009),

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aff g in part and rev g in part 600 F.3d 135 (2d Cir. 2010). See also, In re Dreier, 429 B.R. 685 (Bank. S.D.N.Y. 2010) (court lacks jurisdiction to enjoin claims that do not affect property of the estate or administration of the estate). In order to be approved, a non-debtor release must play a significant part in the Debtor s reorganization plan. Deutsche Bank AG v. Metromedia Fiber Network, Inc., 416 F.3d 136 (2d Cir. 2005). Non-debtor releases amount to a bankruptcy discharge arranged without a filing and without safeguards of the Code. Id. at 142. Non-debtor

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releases are appropriate only in very rare cases, and should not be approved absent a determination that unusual circumstances render the release terms important to the success of the plan. The Debtors herein provide no justification for the non-debtor releases, and such provisions should not be approved by the Court. Dated this 25th day of May, 2011.

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THE HELMS LAW FIRM, P.L.C. By: /s/ Michael G. Helms Michael G. Helms 2600 North Central Avenue Suite 940 Phoenix, Arizona 85004 Telephone: (602) 358-2060 Attorney for Best Western International, Inc.

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