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Full title: Ex Parte Motion to Extend Time to Object to Claims with Proposed Order Filed by SAMUEL A. SCHWARTZ on behalf of AMANDA DEMBY (SCHWARTZ, SAMUEL) (Entered: 08/24/2021)

Document posted on Aug 23, 2021 in the bankruptcy, 7 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Thus, the Litigation 24 1 Trustee files this Motion in order to preserve its right to object to claims which may be objectionable under 11 U.S.C. § 502.As is detailed herein, the Trust respectfully requests that the deadline for filing claims objections be extended by 180 days to March 14, 2022, while it continues to investigate 9 and litigate in order to preserve its ability to object to claims under 11 U.S.C. § 502.Pursuant to § 12.1 of the Plan “[a]ny objections to Priority Unsecured Claims and 17 General Unsecured Claims made after the Effective Date shall be filed and served not later than 18 the first Business Day that is ninety (90) calendar days after the Effective Date; provided, however, 19 that such period may be extended from time to time by order of the Bankruptcy Court which 20 extensions may be extended on the ex parte request of the Liquidating Trustee.”Based on the foregoing, the Litigation Trustee respectfully requests that this Court extend 12 its deadline to object to claims by 180 days from September 13, 2021, to March 14, 2022, as set 13 forth in the proposed order granting the Motion, attached as Exhibit 1.Ex Parte Motion to Extend Deadline to Obje3 to Claims (the “Motion”); and the Court having jurisdiction to consider the Motion and the reli4 requested therein in accordance with 28 U.S.C. §§ 157 and 1334; and consideration of the Motio5 and the relief requested therein in being a core proceeding pursuant to §105(a) of Title 11 of th6 Bankruptcy Code and FRBP 9006(b); and venue being proper in this district pursuant to 28 U.S. 7 8 §§ 1408 and 1409; and this Court having determined that the legal and factual bases set forth in th9 Motion establish just cause for the relief granted herein; and upon all of the proceedings had befor10 this Court; and after due deliberation and sufficient cause appearing therefor; it is hereby1 11 ORDERED that the Motion is GRANTED; and it is further 12 ORDERED that the deadline for the Gump’s Liquidating Trust to object to claims i13 continued by 180 days from September 13, 2021, to March 14, 2022; and it is further 14 ORDERED that the Court shall retain jurisdiction to hear and determine all matters relatin15 16 to the entry of this Order.

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1 Samuel A. Schwartz, Esq. Nevada Bar No. 10985 2 saschwartz@nvfirm.com Athanasios E. Agelakopoulos, Esq. 3 Nevada Bar No. 14339 aagelakopoulos@nvfirm.com 4 SCHWARTZ LAW, PLLC 601 East Bridger Avenue 5 Las Vegas, Nevada 89101 Telephone: (702) 385-5544 6 Facsimile: (702) 201-1330 7 Attorneys for Amanda Demby, not individually, but solely in her capacity as Liquidating Trustee of the 8 Gump’s Liquidating Trust 9 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEVADA 10 In re: Case No.: 18-14683-MKN 11 Chapter 11 POST 135 HOLDINGS, LLC Jointly administered with: 12 Affects this Debtor. No. 18-14684-MKN (In re Post 135 Corp.) No. 18-14685-MKN (In re Post 135 By Mail, 13 Inc.) Affects all Debtors. 14 Hearing Date: Ex Parte 15 Affects Post 135 Corp. Hearing Time: Ex Parte 16 Affects Post 135 By Mail, Inc. 17 18 EX PARTE MOTION TO EXTEND DEADLINE TO OBJECT TO CLAIMS Amanda Demby, as Liquidating Trustee of the Gump’s Liquidating Trust, (the 19 “Liquidating Trustee”), by and through undersigned counsel, hereby move this Court for entry 20 of an order extending the September 13, 2021, deadline to object to claims to March 14, 2022. 21 This Motion is made and based upon the following Memorandum of Points and Authorities, the 22 Declaration of Samuel A. Schwartz, Esq., filed concurrently with the Motion, the papers and 23 pleadings on file, and the argument to be adduced at the hearing of this matter. 24

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1 MEMORANDUM OF POINTS AND AUTHORITIES I. JURISDICTION, VENUE ABD BASIS FOR RELIEF. 2 1. This Court has jurisdiction of this Motion pursuant to 28 U.S.C. §§157 and 1334. 3 Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1408 and 1409. The predicates 4 for the relief sought herein is §105(a) of Title 11 of the Bankruptcy Code and FRBP 9006(b). 5 II. BACKGROUND. 6 2. The debtors, Gump’s Holdings, LLC (“Holdings”), Gump’s Corp. (“Retail”), and 7 Gump’s By Mail, Inc. (“Direct” and, collectively with Holdings and Retail, “Debtors”) filed 8 voluntary chapter 11 bankruptcy petitions on August 3, 2018 (the “Petition Date”) in the United States Bankruptcy Court for the District of Nevada (the “Court”) which cases are being jointly 9 administered in the above-captioned case number 20-11016-mkn (the “Bankruptcy Case”). 10 3. The Debtors confirmed Debtors’ Joint Plan of Reorganization (as revised) [ECF 11 No. 585] (the “Plan”) on May 25, 2021. [ECF No. 668]. The Plan went effective on June 14, 12 2021 (the “Effective Date”). [ECF No. 699]. Pursuant to the Plan, the Trust was assigned all 13 Avoidance Actions and Commercial Tort Claims. Plan at § 5.3.14, at Schedule 1.1.15. [ECF No. 14 585]. In addition, after the Effective Date, objections to General Unsecured Claims shall be made by the Litigation Trustee.” Plan at § 12.1. 15 4. Also, pursuant to the Plan, “[a]ny objections to Priority Unsecured Claims and 16 General Unsecured Claims made after the Effective Date shall be filed and served not later than 17 the first Business Day that is ninety (90) calendar days after the Effective Date; provided, however, 18 that such period may be extended from time to time by order of the Bankruptcy Court which 19 extensions may be extended on the ex parte request of the Liquidating Trustee.” Plan at § 20 12.1 (emphasis added). 21 5. Based on the foregoing, the current deadline to object to claims is September 13, 2021. Since the Effective Date, the Litigation Trustee has worked diligently to locate all potential 22 claims for relief and all potential objections to claims. The Litigation Trustee is still in the process 23 of investigating and negotiating adversary actions as well as claim objections. Thus, the Litigation 24

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1 Trustee files this Motion in order to preserve its right to object to claims which may be objectionable under 11 U.S.C. § 502. Schwartz Decl. at ¶ 7. 2 6. Additionally, there are certain filed claims on which the Litigation Trustee has yet 3 to receive necessary books and records to confirm whether the claims are valid or otherwise 4 subject to challenge, including governmental tax claims. Schwartz Decl. at ¶ 8. The Litigation 5 Trustee is actively seeking necessary records for its review and intends to file any potential 6 objections within a reasonable time upon such records’ receipt and review. Id. 7 III. RELIEF REQUESTED. 8 7. As is detailed herein, the Trust respectfully requests that the deadline for filing claims objections be extended by 180 days to March 14, 2022, while it continues to investigate 9 and litigate in order to preserve its ability to object to claims under 11 U.S.C. § 502. 10 IV. LEGAL ARGUMENT. 11 8. “The court may issue any order, process, or judgment that is necessary or 12 appropriate to carry out the provisions of this title.” 11 U.S.C. § 105(a). In addition, “when an act 13 is required or allowed to be done at or within a specified period … by order of court, the court for 14 cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if the request therefor is made before the expiration of the period originally prescribed 15 or as extended by a previous order…” FRBP 9006(b)(1). 16 9. Pursuant to § 12.1 of the Plan “[a]ny objections to Priority Unsecured Claims and 17 General Unsecured Claims made after the Effective Date shall be filed and served not later than 18 the first Business Day that is ninety (90) calendar days after the Effective Date; provided, however, 19 that such period may be extended from time to time by order of the Bankruptcy Court which 20 extensions may be extended on the ex parte request of the Liquidating Trustee.” Plan at § 12.1. 21 10. Here, good cause exists for an extension of the Liquidating Trust’s deadline to file objections to claims. There are certain claims of which the Liquidating Trustee has yet to 22 determine their validity, including governmental tax claims, due to the need for suitable records. 23 24

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1 Resolution of these claims are necessary for a proper reconciliation in order to make distributions on recoveries for general unsecured creditors. 2 11. Finally, the Litigation Trustee continues the investigation the Official Committee 3 of Unsecured Creditors began prior to the Effective Date into the conduct of certain parties 4 leading to the Debtors’ chapter 11 cases. The investigation and any litigation arising therefrom 5 are not expected to conclude within the next six months and require the Debtors’ chapter 11 cases 6 to remain open during that period. Schwartz Decl. at ¶ 9. As such, the continuance of the claim 7 objection deadline for six months will not delay the closure of these cases beyond their existing 8 requirements. 12. Accordingly, good cause exists to extend the deadline to object to claims from 9 September 13, 2021, to March 14, 2022. 10 V. CONCLUSION 11 Based on the foregoing, the Litigation Trustee respectfully requests that this Court extend 12 its deadline to object to claims by 180 days from September 13, 2021, to March 14, 2022, as set 13 forth in the proposed order granting the Motion, attached as Exhibit 1. 14 Dated August 24, 2021. Respectfully Submitted, 15 16 /s/ Samuel A. Schwartz Samuel A. Schwartz, Esq. 17 Nevada Bar No. 10985 saschwartz@nvfirm.com 18 SCHWARTZ LAW, PLLC 601 East Bridger Avenue 19 Las Vegas, NV 89101 Telephone: 702.385.5544 20 Attorneys for Amanda Demby, not individually, but solely 21 in her capacity as Liquidating Trustee of the Gump’s Liquidating Trust 22 23 24

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                        Exhibit 1 

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1 2 3 4 5 6 Samuel A. Schwartz, Esq. 7 Nevada Bar No. 10985 saschwartz@nvfirm.com 8 Athanasios E. Agelakopoulos, Esq. Nevada Bar No. 14339 9 aagelakopoulos@nvfirm.com 10 SCHWARTZ LAW, PLLC 601 East Bridger Avenue 11 Las Vegas, Nevada 89101 Telephone: (702) 385-5544 12 Facsimile: (702) 201-1330 13 Attorneys for Amanda Demby, not individually, but 14 solely in her capacity as Liquidating Trustee of the Gump’s Liquidating Trust 15 16 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA 17 18 In re: Case No.: 18-14683-MKN Chapter 11 19 POST 135 HOLDINGS, LLC Jointly administered with: 20 Affects this Debtor. No. 18-14684-MKN (In re Post 135 Corp.) No. 18-14685-MKN (In re Post 135 By Mail, 21 Inc.) Affects all Debtors. 22 23 Affects Post 135 Corp. 24 Affects Post 135 By Mail, Inc. 25 26 ORDER GRANTING EX PARTE MOTION TO EXTEND DEADLINE TO OBJECT TO CLAIMS 27 28

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1 The Court, having considered Amanda Demby, as Liquidating Trustee of the Gump’2 Liquidating Trust’s, (the “Liquidating Trustee”) Ex Parte Motion to Extend Deadline to Obje3 to Claims (the “Motion”); and the Court having jurisdiction to consider the Motion and the reli4 requested therein in accordance with 28 U.S.C. §§ 157 and 1334; and consideration of the Motio5 and the relief requested therein in being a core proceeding pursuant to §105(a) of Title 11 of th6 Bankruptcy Code and FRBP 9006(b); and venue being proper in this district pursuant to 28 U.S. 7 8 §§ 1408 and 1409; and this Court having determined that the legal and factual bases set forth in th9 Motion establish just cause for the relief granted herein; and upon all of the proceedings had befor10 this Court; and after due deliberation and sufficient cause appearing therefor; it is hereby1 11 ORDERED that the Motion is GRANTED; and it is further 12 ORDERED that the deadline for the Gump’s Liquidating Trust to object to claims i13 continued by 180 days from September 13, 2021, to March 14, 2022; and it is further 14 ORDERED that the Court shall retain jurisdiction to hear and determine all matters relatin15 16 to the entry of this Order. 17 Dated: August 24, 2021. 18 Respectfully Submitted, 19 /s/Samuel A. Schwartz 20 Samuel A. Schwartz, Esq. Nevada Bar No. 10985 21 Schwartz Law, PLLC 601 E. Bridger Avenue 22 Las Vegas, Nevada 89101 Telephone: (702) 385-5544 23 Attorneys for Amanda Demby, not individually, 24 but solely in her capacity as Liquidating Trustee of the Gump’s Liquidating Trust 25 26 27 28 1 Any term not defined herein shall have the meaning ascribed to such term in the Motion.

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