HTML Document View

Full title: Agreed Motion for Approval of Agreement to Modify or Terminate Stay Pursuant to Fed.R.Bankr.P. 4001(d) filed by Christine K Jacobson on behalf of Creditor Charles Ikner. (Attachments: (1) Exhibit AGREED ENTRY) (Jacobson, Christine) (Entered: 03/22/2021)

Document posted on Mar 21, 2021 in the bankruptcy, 3 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Debtor Gregg Appliances, Inc. (“Debtor”), Official Committee of Unsecured Creditors (the “Committee”), and Charles Ikner (“Ikner”), each by counsel, pursuant to Fed.Subsequent to the Petition Date, Debtor commenced a lawsuit against Ikner in the Fayette Circuit Court, Division 3, Commonwealth of Kentucky, as Case No.asserting claims against Ikner for, inter alia, breach of an agreement with Debtor.While Ikner does not believe that the automatic stay imposed under section 362(a) of the Bankruptcy Code precludes Ikner from asserting any right of set-off, recoupment or other claims as affirmative defenses in the Kentucky Case, in an abundance of caution, Ikner has requested that Debtor and the Committee consent to the lift of stay to permit Ikner to assert any and all affirmative defenses that he may have against Debtor in the Kentucky Case.Debtor and the Committee have agreed to such relief; provided however, that, Ikner shall not seek any affirmative recovery from Debtor but rather, shall assert any claims as affirmative defenses only.

List of Tables

Document Contents

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION IN RE: ) ) hhgregg, Inc., et al., ) Case No. 17-01302-JJG-11 ) Debtors. ) Jointly Administered MOTION TO APPROVE AGREEMENT TO TERMINATE STAY PURSUANT TO FRBP 4001(D) Debtor Gregg Appliances, Inc. (“Debtor”), Official Committee of Unsecured Creditors (the “Committee”), and Charles Ikner (“Ikner”), each by counsel, pursuant to Fed. R. Bankr. Pro. 4001(d), hereby request that the Court enter the Agreed Entry terminating the stay under Section 362 of the Bankruptcy Code in the form attached hereto as Exhibit A and in support, state: 1. On March 6, 2017 (the “Petition Date”), Debtor filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code, which case is jointly administered under the above above-captioned case. 2. Subsequent to the Petition Date, Debtor commenced a lawsuit against Ikner in the Fayette Circuit Court, Division 3, Commonwealth of Kentucky, as Case No. 17CI4150 (the “Kentucky Case”) asserting claims against Ikner for, inter alia, breach of an agreement with Debtor. 3. Ikner desires to assert certain affirmative defenses in the Kentucky Case. 4. While Ikner does not believe that the automatic stay imposed under section 362(a) of the Bankruptcy Code precludes Ikner from asserting any right of set-off, recoupment or other claims as affirmative defenses in the Kentucky Case, in an abundance of caution, Ikner has requested that Debtor and the Committee consent to the lift of stay to permit Ikner to assert any and all affirmative defenses that he may have against Debtor in the Kentucky Case. 1

1

5. Debtor and the Committee have agreed to such relief; provided however, that, Ikner shall not seek any affirmative recovery from Debtor but rather, shall assert any claims as affirmative defenses only. 6. The Agreed Entry resolves any issues related to the effect of the automatic stay with respect to Ikner and Debtor. WHEREFORE, Ikner, Debtor and the Committee respectfully request that the Court enter an order authorizing the Agreed Entry and for all other just and proper relief. Respectfully Submitted, /s/ Christine K. Jacobson Christine K. Jacobson JACOBSON HILE KIGHT LLC 108 E. 9th Street Indianapolis, Indiana 46202 317.608.1132 cjacobson@jhklegal.com Counsel for Charles Ikner /s/ Jeffrey A. Hokanson Jeffrey A. Hokanson Ice Miller LLP One American Square. Suite 2900 Indianapolis IN 46204 (317) 236-2236 (Office) Jeff.hokanson@icemiller.com Counsel for Debtor /s/ Whitney Mosby Whitney Mosby Dentons Bingham Greenebaum LLP 2700 Market Tower 10 West Market Street Indianapolis IN 46204 317.968.5469 Whitney.mosby@dentons.com 2

2

Counsel for Committee CERTIFICATE OF SERVICE I certify that the foregoing was served via the Court’s ECF system this 22nd day of March, 2021 upon all parties who have appeared in this case via the ECF filing system. /s/ Christine K. Jacobson Christine K. Jacobson 3

3