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Full title: Motion to Extend // Reorganized Debtor's Motion for Entry of an Order Under Bankruptcy Code Section 105(a) and Bankruptcy Rule 9006 Extending Time to Object to Administrative Claims Filed by FIC Restaurants, Inc.. Hearing scheduled for 9/29/2021 at 11:00 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #6, Wilmington, Delaware. Objections due by 8/24/2021. (Attachments: # 1 Notice # 2 Exhibit A (Proposed Order)) (Johnson, Ericka) (Entered: 08/10/2021)

Document posted on Aug 9, 2021 in the bankruptcy, 5 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

FIC Restaurants, Inc. (the “Reorganized Debtor”) hereby moves (the “Motion”) for entry of an order under §105(a) of title 11 of the United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”) and Rule 9006 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), extending the deadline to object to Administrative Claims (as defined in the Plan) by ninety (90) days, through and including November 11, 2021.Claims (the “Administrative Claims Objection Deadline”) as the first business day that is sixty (60) days after the deadline to file Administrative Claims, unless extended by the Court.The Reorganized Debtor seeks entry of an order under Bankruptcy Code section 105(a) and Bankruptcy Rule 9006 extending the Administrative Claims Objection Deadline through and including November 11, 2021.Rule 9006(b) provides that the Court may extend a time period provided under the Bankruptcy Rules or order of the Court, except for time periods provided under certain Bankruptcy Rules that are not applicable here.WHEREFORE, the Reorganized Debtor seeks entry of an order (i) further extending the Administrative Claims Objection Deadline for Administrative Claims through and including November 11, 2021, and (ii) granting the Reorganized Debtor such relief as is just and proper.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) In re: ) Chapter 11 ) FIC RESTAURANTS, INC.,1 ) Case No. 20-12807 (CSS) ) Reorganized Debtor. ) Hearing Date: September 29, 2021 at 11:00 a.m. (ET) ) Objections Due: August 24, 2021 at 4:00 p.m. (ET) ) REORGANIZED DEBTOR’S MOTION FOR ENTRY OF AN ORDER UNDER BANKRUPTCY CODE SECTION 105(a) AND BANKRUPTCY RULE 9006 EXTENDING TIME TO OBJECT TO ADMINISTRATIVE CLAIMS FIC Restaurants, Inc. (the “Reorganized Debtor”) hereby moves (the “Motion”) for entry of an order under §105(a) of title 11 of the United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”) and Rule 9006 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), extending the deadline to object to Administrative Claims (as defined in the Plan) by ninety (90) days, through and including November 11, 2021. In support of the Motion, the Reorganized Debtor respectfully states as follows. JURISDICTION AND VENUE 1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. §§ 157 and 1334, the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated as of February 29, 2012, and Article XVI of the Second Amended Combined 1 The Reorganized Debtor in this chapter 11 case, its jurisdiction of organization, and the last four digits of its U.S. taxpayer identification number is FIC Restaurants, Inc., a Massachusetts, corporation (1388) (“FIC”). Prior to the closure of their bankruptcy cases, the following Debtors were jointly administered with the FIC chapter 11 case. Here are their jurisdictions of organization and the last four digits of their U.S. taxpayer identification numbers: (1) FIC Holdings, LLC, a Delaware limited liability company (0204); (2) Neapolitan Group Holdings, LLC, a Delaware limited liability company (7922); (3) Friendly’s Restaurants, LLC, a Delaware limited liability company (0696); and (4) Friendly’s Franchising, LLC, a Delaware limited liability company (4364). The Reorganized Debtor’s mailing address is 40 Post Office Park, P.O. Box 1087, Wilbraham, MA 01095-1087.

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Disclosure Statement and Joint Chapter 11 Plan of Liquidation [Docket No. 264] (the “Plan”),2 which was confirmed on December 17, 2020. See Docket No. 278. 2. Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 3. The statutory predicate for the relief requested herein is Bankruptcy Code section 105(a). Such relief is also warranted under Bankruptcy Rule 9006. 4. This is a core proceeding under 28 U.S.C. § 157(b). Pursuant to Rule 9013-1(f) of the Local Rules, the Reorganized Debtor consents to the entry of a final judgment or order with respect to this Motion if it is determined that the Court would lack Article III jurisdiction to enter such final order or judgment absent consent of the parties. BACKGROUND 5. On November 1, 2020 (the “Petition Date”), the Debtors each filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code in this Court commencing the bankruptcy cases (the “Chapter 11 Cases”). The Debtors continued to operate their businesses and manage their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No official committee of unsecured creditors or chapter 11 trustee was appointed in these Chapter 11 Cases. 6. A detailed description of the Debtors and their businesses and the Debtors’ bankruptcy petitions were set forth in greater detail in the Declaration of Marc L. Pfefferle in Support of Debtors’ First Day Motions and Applications [Docket No. 17] (the “First Day Declaration”). 7. On November 2, 2020, the Debtors filed the Combined Disclosure Statement and Joint Chapter 11 Plan of Liquidation [Docket No. 18]. On December 14, 2020, the Debtors filed 2 Capitalized terms used herein, but not defined herein shall have the meaning ascribed such terms in the Plan.

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the Amended Combined Disclosure Statement and Joint Chapter 11 Plan of Liquidation [Docket No. 250]. On December 16, 2020, the Debtors filed the Plan, which was confirmed on December 17, 2020. See Docket No. 278. 8. On January 15, 2021, the effective date (the “Effective Date”) of the Plan occurred. See Docket No. 314. 9. The Plan provides for a deadline to object to Administrative Claims (the “Administrative Claims Objection Deadline”) as the first business day that is sixty (60) days after the deadline to file Administrative Claims, unless extended by the Court. 10. On April 29, 2021, the Court entered an Order extending the Administrative Claims Objection Deadline through and including August 13, 2021 [Docket No. 384] (the “Extension Order”). The Reorganized Debtor seeks to further extend the deadline by approximately ninety (90) days through and including November 11, 2021. RELIEF REQUESTED 11. The Reorganized Debtor seeks entry of an order under Bankruptcy Code section 105(a) and Bankruptcy Rule 9006 extending the Administrative Claims Objection Deadline through and including November 11, 2021. BASIS FOR RELIEF 12. As noted above, the current Administrative Claims Objection Deadline expires on August 13, 2021. Since the Effective Date, the Reorganized Debtor has been reviewing and reconciling claims filed against the Debtors, assisting with the transition of the business to the purchaser, and winding up the affairs of the Debtors. Further, since the entry of the Extension Order, the Reorganized Debtor has filed three (3) omnibus objections to claims and a notice of satisfaction of certain claims. However, although the Reorganized Debtor and its professionals

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have worked promptly and efficiently, additional time is needed to complete the reconciliation of Administrative Claims. APPLICABLE AUTHORITY 13. Bankruptcy Rule 9006(b) provides that the Court may extend a time period provided under the Bankruptcy Rules or order of the Court, except for time periods provided under certain Bankruptcy Rules that are not applicable here. See Fed. R. Bankr. P. 9006(b). 14. Bankruptcy Code section 105(a) provides that “[t]he court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title.” 11 U.S.C. § 105(a). Further, it is generally recognized that “[s]ection 105(a) authorizes the bankruptcy court, or the district court sitting in bankruptcy, to fashion such orders as are required to further the substantive provisions of the Code.” See In re Morristown & E. R. Co., 885 F.2d 98, 100 (3d Cir. 1989) (citing Collier on Bankruptcy, ¶ 105.04 at 105-15 & n.5 (15th rev. ed. 1989)). 15. In this instance, sufficient cause exists to extend the Administrative Claims Objection Deadline. The requested extension of time will provide the Reorganized Debtor the opportunity to complete reconciliation of Administrative Claims ensuring that only valid Administrative Claims are allowed and receive distributions. 16. The Reorganized Debtor believes that many of the Administrative Claims that are potentially subject to objection will ultimately be consensually resolved, particularly if the Reorganized Debtor is afforded sufficient time to complete its review of such claims. Consensual resolution of outstanding Administrative Claims will conserve judicial resources, minimize burdens on the Court that would necessarily accompany unnecessary claims litigation, and minimize related expenses that otherwise would be incurred by the Reorganized Debtor.

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NOTICE 17. Notice of this Motion will be served upon: (i) the Office of the United States Trustee; (ii) all parties that have requested notice and service of pleadings in these Chapter 11 Cases pursuant to Fed. R. Bankr. P. 2002; and (iii) parties who have filed Administrative Claims. In light of the nature of the relief requested herein, the Reorganized Debtor submits that no other or further notice is required. CONCLUSION WHEREFORE, the Reorganized Debtor seeks entry of an order (i) further extending the Administrative Claims Objection Deadline for Administrative Claims through and including November 11, 2021, and (ii) granting the Reorganized Debtor such relief as is just and proper. Dated: August 10, 2021 WOMBLE BOND DICKINSON (US) LLP Wilmington, Delaware /s/ Ericka F. Johnson Matthew P. Ward (DE Bar No. 4471) Ericka F. Johnson (DE Bar No. 5024) 1313 North Market Street, Suite 1200 Wilmington, Delaware 19801 Telephone: (302) 252-4320 Facsimile: (302) 252-4330 Email: matthew.ward@wbd-us.com Email: ericka.johnson@wbd-us.com Counsel to the Reorganized Debtor

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