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Full title: Ex Parte Motion to Shorten Notice (RE: related document(s)1981 Motion (Other) filed by Debtor Bestwall LLC) filed by Garland S. Cassada on behalf of Bestwall LLC. (Attachments: # 1 Proposed Order) (Cassada, Garland) (Entered: 08/16/2021)

Document posted on Aug 15, 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 Motion to Introduce Unredacted Objections of Illinois Claimants in Response to PIQ Order (Dkt. 1981)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”).Paragraph 14 of 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) (the “PIQ Order”) requires a motion before a party introduces into evidence Questionnaire Responses with claimant names unredacted.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 court, the court for cause shown may in its discretion with or without motion or notice order the period reduced.”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 Motion to Introduce Unredacted Objections of Illinois Claimants in Response to PIQ Order (Dkt. 1981) (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”). RELIEF REQUESTED 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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3. As explained in the Motion, the Debtor intends to introduce the Illinois Claimant Objections into evidence at the August 19 compliance hearing. Paragraph 14 of 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) (the “PIQ Order”) requires a motion before a party introduces into evidence Questionnaire Responses with claimant names unredacted. 4. The Debtor does not believe the Illinois Claimant Objections constitute Questionnaire Responses within the meaning of the PIQ Order but counsel for the Illinois Claimants has asserted that they are. Out of an abundance of caution, the Debtor brought the Motion to ensure it could introduce the Illinois Claimant Objections into evidence at the August 19 hearing. 5. The Debtor could not have filed the Motion earlier than today. The Illinois Claimant Objections were late (postmarked July 29 or 30 instead of July 26 as required by the PIQ Order) and were not made available to the Debtor and other parties until shortly before the August 9 date when the Debtor informed the Illinois Claimants it intended to introduce these submissions. Then, counsel for the Illinois Claimants did not express disagreement with the Debtor’s position on whether the Illinois Claimant Submissions constitute Questionnaire Responses until today (August 16). 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 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

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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.” 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: August 16, 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) Kevin R. Crandall (NC Bar No. 50643) 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 kcrandall@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 (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

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E-mail: jbellman@jonesday.com (Admitted pro hac vice) ATTORNEYS FOR DEBTOR AND DEBTOR IN POSSESSION

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