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Full title: Motion to Shorten Notice (RE: related document(s)1833 Motion (Other) filed by Debtor Bestwall LLC) filed by Garland S. Cassada on behalf of Bestwall LLC. (Attachments: # 1 Proposed Order) (Cassada, Garland) (Entered: 06/25/2021)

Document posted on Jun 24, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

P. 9006 and Local Bankruptcy Rule 9006-1 for an order shortening the notice on Debtor’s Emergency Motion to Enforce PIQ Order and Automatic Stay (Dkt. 1833)The Debtor explained the need for an expedited hearing due to the existence of pending litigation in another district attempting to enjoin the Debtor on an expedited basis from enforcing the Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and Governing the Confidentiality of Responses (Dkt. 1670), as well as the potential for further such litigation.The Debtor filed a notice of hearing and served notice of the hearing on June 24, 2021, and in compliance with the Bankruptcy Rules and Local Rules now moves to shorten notice.The Debtor respectfully requests that the Court enter an order, substantially in the form attached hereto as Exhibit A, shortening the notice period and scheduling a hearing on the Debtor’s Emergency Motion to Enforce PIQ Order and Automatic Stay for June 30, 2021 at 2:00 p.m. or as soon thereafter as the Court is able to hear the matter and requiring any objections to be filed no later than June 29, 2021.Bankruptcy Rule 9006(c)(1) permits motions to reduce time to be heard “with or without motion or notice,” and accordingly, this Motion may be heard on an ex parte basis under Local Rule 9013-1(f)(1).

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UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION IN RE: Case No. 17-BK-31795 (LTB) BESTWALL LLC,1 Chapter 11 Debtor. EX PARTE MOTION FOR ORDER SHORTENING NOTICE Bestwall LLC (“Bestwall” or the “Debtor”), the debtor and debtor in possession in the above-captioned chapter 11 case, by this Motion hereby moves the Court pursuant to Fed. R. Bankr. P. 9006 and Local Bankruptcy Rule 9006-1 for an order shortening the notice on Debtor’s Emergency Motion to Enforce PIQ Order and Automatic Stay (Dkt. 1833) (the “Motion”) and in support thereof respectfully represents as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction over this motion pursuant to 28 U.S.C. §§ 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b). Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408. 2. The statutory bases for the relief requested herein are Rule 9006(c) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and Rules 9006-1 and 9013-1(f)(1) of the Rules of Practice and Procedure of the United States Bankruptcy Court for the Western District of North Carolina (the “Local Rules”). 1 The last four digits of the Debtor’s taxpayer identification number are 5815. The Debtor’s address is 133 Peachtree Street, N.E., Atlanta, Georgia 30303.

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BACKGROUND 3. Debtor’s counsel advised the Court of the filing of the Motion on June 23, 2021. The Debtor explained the need for an expedited hearing due to the existence of pending litigation in another district attempting to enjoin the Debtor on an expedited basis from enforcing the Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and Governing the Confidentiality of Responses (Dkt. 1670), as well as the potential for further such litigation. The Court indicated its availability for a hearing on Wednesday, June 30 at 2 p.m. for no longer than two hours and directed the Debtor to notice the Motion accordingly. Counsel for the claimants who are the subject of the Motion, as well as their law firms, were copied on these communications and no counsel objected to the hearing date. 4. The Debtor filed a notice of hearing and served notice of the hearing on June 24, 2021, and in compliance with the Bankruptcy Rules and Local Rules now moves to shorten notice. The Debtor set a response date of June 29, 2021 in the filed notice of hearing, but has no objection if the Court would prefer an earlier response date. RELIEF REQUESTED 5. The Debtor respectfully requests that the Court enter an order, substantially in the form attached hereto as Exhibit A, shortening the notice period and scheduling a hearing on the Debtor’s Emergency Motion to Enforce PIQ Order and Automatic Stay for June 30, 2021 at 2:00 p.m. or as soon thereafter as the Court is able to hear the matter and requiring any objections to be filed no later than June 29, 2021. BASIS FOR RELIEF REQUESTED 6. Pursuant to Bankruptcy Rule 9006(c)(1), “when an act is required or allowed to be done at or within a specified time by these rules or by a notice given thereunder or by order of

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court, the court for cause shown may in its discretion with or without motion or notice order the period reduced.” Under Local Rule 9013-1(f)(1), motions that may be considered on an ex parte basis under the Bankruptcy Rules may be heard on an ex parte basis. Bankruptcy Rule 9006(c)(1) permits motions to reduce time to be heard “with or without motion or notice,” and accordingly, this Motion may be heard on an ex parte basis under Local Rule 9013-1(f)(1). 7. Pursuant to Local Rule 9006-1, a request to shorten notice must, among other things, “stat[e] the reasons why shortened notice is necessary [and] identify[] the parties affected by the request.” 8. No prior request for the relief sought herein has been made to this Court or any other court. WHEREFORE, the Debtor respectfully requests that the Court enter an order, substantially in the form attached hereto as Exhibit A, (a) granting the relief requested herein; and (b) granting such other and further relief to the Debtor as may be just and appropriate.. Dated: June 25, 2021 Respectfully submitted, Charlotte, North Carolina /s/ Garland S. Cassada Garland S. Cassada (NC Bar No. 12352) Richard C. Worf, Jr. (NC Bar No. 37143) ROBINSON, BRADSHAW & HINSON, P.A. 101 North Tryon Street, Suite 1900 Charlotte, North Carolina 28246 Telephone: (704) 377-2536 Facsimile: (704) 378-4000 E-mail: gcassada@robinsonbradshaw.com rworf@robinsonbradshaw.com Gregory M. Gordon (TX Bar No. 08435300) JONES DAY 2727 North Harwood Street, Suite 500 Dallas, Texas 75201 Telephone: (214) 220-3939 Facsimile: (214) 969-5100 E-mail: gmgordon@jonesday.com

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(Admitted pro hac vice) Jeffrey B. Ellman (GA Bar No. 141828) JONES DAY 1221 Peachtree Street, N.E., Suite 400 Atlanta, Georgia 30361 Telephone: (404) 581-3939 Facsimile: (404) 581-8330 E-mail: jbellman@jonesday.com (Admitted pro hac vice) ATTORNEYS FOR DEBTOR AND DEBTOR IN POSSESSION

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