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Full title: Motion to Extend Time For Other Reason re:Period Within Which The Liquidating Trustee May Remove Actions Filed by John Phillip Schneider on behalf of Liquidating Trustee. Hearing scheduled for 6/1/2021 at 10:00 AM at JKS - Courtroom 3D, Newark. (Attachments: # 1 Proposed Order) (Schneider, John) (Entered: 05/10/2021)

Document posted on May 9, 2021 in the bankruptcy, 12 pages and 0 tables.

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John K. Sherwood, United States Bankruptcy Judge, in Courtroom 3D of the United States Bankruptcy Court for the District of New Jersey, 50 Walnut Street, 3rd Floor, Newark, New Jersey 07102, for entry of an order, substantially in the form submitted herewith, enlarging the period within which the Liquidating Trustee may remove actions pursuant to 28 U.S.C. § 1452 and Rule 9027 of the Federal Rules of Bankruptcy 1 PLEASE TAKE FURTHER NOTICE that objections to the Motion, if any, must: (a) be in writing; (b) comply with the Bankruptcy Rules, the Local Rules of the United States Bankruptcy Court for the District of New Jersey, and other case management rules or orders of this Court; and (c) state with particularity the legal and factual basis for the objection.The liquidating trustee appointed in the above-captioned chapter 11 cases (the “Liquidating Trustee”), by and through his undersigned counsel, hereby submits this motion (the “Motion”) for entry of an order, substantially in the form submitted herewith, pursuant to section 105(a) of the Bankruptcy Code (defined below) and Rule 9006(b) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), extending the period within which the Liquidating Trustee may remove Actions (as defined herein) pursuant to 28 U.S.C. § 1452 andBy this Motion, the Liquidating Trustee requests entry of an order enlarging the Removal Period by 180 days, from June 5, 2021 through and including December 2, 2021, without prejudice to the Liquidating Trustee’s right to seek further extensions of such Removal Period.As noted above, the Liquidating Trustee remains predominantly focused on reviewing and reconciling the numerous proofs of claim filed in the Chapter 11 Cases to identify particular categories of claims that may be subject to objection, and on his pursuit of potential sources of recovery for the benefit of all Liquidating Trust Beneficiaries.

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LOWENSTEIN SANDLER LLP Joseph J. DiPasquale, Esq. Michael Papandrea, Esq. John P. Schneider, Esq. One Lowenstein Drive Roseland, NJ 07068 Telephone: (973) 597-2500 Facsimile: (973) 597-2400 Counsel to the Liquidating Trustee UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY In re: Chapter 11 Case No.: 19-12809 (JKS) NEW ENGLAND MOTOR FREIGHT, INC., et al.1 (Jointly Administered) Debtors. Hearing Date: June 1, 2021 at 10:00 a.m. (ET) Objection Deadline: May 25, 2021 at 4:00 p.m. (ET) NOTICE OF LIQUIDATING TRUSTEE’S MOTION FOR ENTRY OF AN ORDER FURTHER EXTENDING THE PERIOD WITHIN WHICH THE LIQUIDATING TRUSTEE MAY REMOVE ACTIONS PLEASE TAKE NOTICE that on June 1, 2021 at 10:00 a.m. (Eastern Time), or as soon thereafter as counsel may be heard, the liquidating trustee (the “Liquidating Trustee”) in the above-captioned Chapter 11 Cases, by and through his undersigned counsel, shall move (the “Motion”) before the Honorable John K. Sherwood, United States Bankruptcy Judge, in Courtroom 3D of the United States Bankruptcy Court for the District of New Jersey, 50 Walnut Street, 3rd Floor, Newark, New Jersey 07102, for entry of an order, substantially in the form submitted herewith, enlarging the period within which the Liquidating Trustee may remove actions pursuant to 28 U.S.C. § 1452 and Rule 9027 of the Federal Rules of Bankruptcy 1 The Debtors in these chapter 11 cases and the last four digits of each Debtor’s taxpayer identification number are as follows: New England Motor Freight, Inc. (7697); Eastern Freight Ways, Inc. (3461); NEMF World Transport, Inc. (2777); Apex Logistics, Inc. (5347); Jans Leasing Corp. (9009); Carrier Industries, Inc. (9223); Myar, LLC(4357); MyJon, LLC (7305); Hollywood Avenue Solar, LLC (2206); United Express Solar, LLC (1126); and NEMFLogistics, LLC (4666).

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Procedure (the “Bankruptcy Rules”) by 180 days, from June 5, 2021 through and including December 2, 2021, without prejudice to the Liquidating Trustee’s right to seek additional extensions of the period within which the Liquidating Trustee may remove actions. PLEASE TAKE FURTHER NOTICE that the Liquidating Trustee shall rely upon the Motion filed herewith. No brief is necessary as no novel issues of fact or law are presented by the Motion. A proposed form of order was also submitted therewith. Oral argument is requested in the event an objection is timely filed. PLEASE TAKE FURTHER NOTICE that any objections to the Motion must be filed with the Clerk of the Court together with proof of service thereof, and served so as to be actually received by no later than May 25, 2021 at 4:00 p.m. (Eastern Time) by counsel to the Liquidating Trustee, Lowenstein Sandler LLP, One Lowenstein Drive, Roseland, New Jersey 07068, Attn: Joseph J. DiPasquale, Esq. (jdipasquale@lowenstein.com), Michael Papandrea, Esq. (mpapandrea@lowenstein.com), and John P. Schneider, Esq. (jschneider@lowenstein.com). PLEASE TAKE FURTHER NOTICE that objections to the Motion, if any, must: (a) be in writing; (b) comply with the Bankruptcy Rules, the Local Rules of the United States Bankruptcy Court for the District of New Jersey, and other case management rules or orders of this Court; and (c) state with particularity the legal and factual basis for the objection. PLEASE TAKE FURTHER NOTICE that unless an objection is timely filed and served in accordance with this notice, it may not be considered by the Court. In the event no objections are filed, the relief requested in the Motion may be granted without a hearing. [Remainder of page intentionally left blank]

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Dated: May 10, 2021 Respectfully submitted, LOWENSTEIN SANDLER LLP /s/ John Schneider Joseph J. DiPasquale, Esq. Michael Papandrea, Esq. John P. Schneider, Esq. One Lowenstein Drive Roseland, NJ 07068 Telephone: (973) 597-2500 Facsimile: (973) 597-2400 jdipasquale@lowenstein.com mpapandrea@lowenstein.com jschneider@lowenstein.com Counsel to the Liquidating Trustee

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LOWENSTEIN SANDLER LLP Joseph J. DiPasquale, Esq. Michael Papandrea, Esq. John P. Schneider, Esq. One Lowenstein Drive Roseland, NJ 07068 Telephone: (973) 597-2500 Facsimile: (973) 597-2400 Counsel to the Liquidating Trustee   UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY In re: Chapter 11 Case No.: 19-12809 (JKS) NEW ENGLAND MOTOR FREIGHT, INC., et al.1 (Jointly Administered) Debtors. Hearing Date: June 1, 2021 at 10:00 a.m. (ET) Objection Deadline: May 25, 2021 at 4:00 p.m. (ET) LIQUIDATING TRUSTEE’S MOTION FOR ENTRY OF AN ORDER FURTHER EXTENDING THE PERIOD WITHIN WHICH THE LIQUIDATING TRUSTEE MAY REMOVE ACTIONS The liquidating trustee appointed in the above-captioned chapter 11 cases (the “Liquidating Trustee”), by and through his undersigned counsel, hereby submits this motion (the “Motion”) for entry of an order, substantially in the form submitted herewith, pursuant to section 105(a) of the Bankruptcy Code (defined below) and Rule 9006(b) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), extending the period within which the Liquidating Trustee may remove Actions (as defined herein) pursuant to 28 U.S.C. § 1452 and                                                              1 The Debtors in these chapter 11 cases and the last four digits of each Debtor’s taxpayer identification number are as follows: New England Motor Freight, Inc. (7697); Eastern Freight Ways, Inc. (3461); NEMF World Transport, Inc. (2777); Apex Logistics, Inc. (5347); Jans Leasing Corp. (9009); Carrier Industries, Inc. (9223); Myar, LLC(4357); MyJon, LLC (7305); Hollywood Avenue Solar, LLC (2206); United Express Solar, LLC (1126); and NEMFLogistics, LLC (4666).

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Bankruptcy Rule 9027 (the “Removal Period”) by 180 days, from June 5, 2021 through and including December 2, 2021, without prejudice to the Liquidating Trustee’s right to seek additional extensions of the Removal Period. In support of this Motion, the Liquidating Trustee respectfully states as follows:2 JURISDICTION, VENUE AND STATUTORY PREDICATES 1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. §§ 157 and 1334 and the Standing Order of Reference to the Bankruptcy Court Under Title 11 of the United States District Court for the District of New Jersey, entered on July 23, 1984, and amended on September 18, 2012. Venue is proper in this district pursuant to 28 U.S.C. §§ 1408 and 1409. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). 2. The statutory predicates for the relief requested herein are section 1452 of title 28 of the United States Code, and Bankruptcy Rules 9006 and 9027. BACKGROUND I. General Background 3. On February 11, 2019 (the “Petition Date”), each of the above-captioned debtors (collectively, the “Debtors”) filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of New Jersey (the “Court”), with the intent to commence an orderly wind-down and liquidation of the majority of their assets and to conduct an auction process for certain of their operations as a going concern under Chapter 11 (the “Chapter 11 Cases”). 4. Additional details regarding the Debtors’ prepetition business and capital structure, and the facts surrounding the commencement of the Chapter 11 Cases, are set forth in                                                              2 All capitalized terms used but not otherwise defined herein shall have the meaning ascribed to them in the Plan or the Prior Removal Period Motion (each as defined herein).

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the Declaration of Vincent Colistra in Support of Debtors’ Chapter 11 Petitions and First Day Motions [Docket No. 22] and the Debtors’ and Official Committee of Unsecured Creditors’ Third Amended Joint Combined Plan of Liquidation and Disclosure Statement (the “Combined Plan and Disclosure Statement,” or, the “Plan”) [Docket No. 1023], which are incorporated herein by reference. 5. On January 15, 2020, the Court entered an order [Docket No. 1133] confirming the Plan. The effective date of the Plan (the “Plan Effective Date”) subsequently occurred on February 3, 2020.3 6. Upon the Plan Effective Date, substantially all of the Debtors’ assets were transferred to and vested in the post-confirmation Liquidating Trust, free and clear of any and all claims and liens, for the uses and purposes set forth in the Plan and for the benefit of the Liquidating Trust Beneficiaries. See Plan, Article VII.A.4. The Liquidating Trustee oversees and administers the Liquidating Trust. II. The Actions 7. As of the Petition Date, the Debtors were parties to a number of civil actions pending in the courts of various states and federal districts (collectively, the “Actions”). These Actions are identified in the Debtors’ Schedules of Assets and Liabilities and Statements of Financial Affairs, as well as in relevant proofs of claim that may have been filed. 8. As set forth in the Liquidating Trustee’s prior motion to extend the deadline to remove actions filed on May 6, 2020 (the “Prior Removal Period Motion”) [Docket No. 1249], the Liquidating Trustee had not yet made final determinations as to which, if any, Actions the Liquidating Trustee may seek to remove because the Liquidating Trustee and his professionals                                                              3 See Notice of (A) Entry of Order Confirming the Joint Combined Plan and Disclosure Statement; (B) Occurrence of the Effective Date; and (C) Certain Important Deadlines [Docket No. 1153].

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had been primarily focused on the smooth transition of assets and records from the pre-effective date Debtors to the Liquidating Trust and commencing the claims reconciliation process. 9. Since filing the Prior Removal Period Motion, the Liquidating Trustee and his professionals have continued to focus heavily on their review and reconciliation of the numerous proofs of claim filed in the Chapter 11 Cases and pursuit of potential sources of recovery for the benefit of the Liquidating Trust Beneficiaries. Though these efforts remain ongoing, to date the Liquidating Trustee’s efforts have resulted in the Liquidating Trustee having, among other things, (i) filed, and/or obtained entry of orders granting, multiple omnibus objections to claims [see Docket Nos. 1279, 1284, 1293, 1303, 1308, 1330, and 1331], (ii) pursued certain causes of action and sources of recovery for purposes of potentially augmenting the Liquidating Trust’s assets, and (iii) made initial distributions and continuing distributions on a rolling basis, as applicable, to holders of allowed claims. See Report of Distributions Under Confirmed Chapter 11 Plan [Docket No. 1336]. 10. Though the Liquidating Trustee has made significant progress to date, he is not yet prepared to decide which Actions, if any, he will seek to remove because the claims reconciliation process remains ongoing. The Liquidating Trustee will continue to analyze the Actions, as well as any filed proofs of claim, to determine whether removal will be sought with respect to any Actions. RELIEF REQUESTED 11. By this Motion, the Liquidating Trustee requests entry of an order enlarging the Removal Period by 180 days, from June 5, 2021 through and including December 2, 2021, without prejudice to the Liquidating Trustee’s right to seek further extensions of such Removal Period.

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BASIS FOR RELIEF 12. Section 1452 of title 28 of the United States Code and Bankruptcy Rule 9027 govern the removal of pending civil actions related to chapter 11 cases. Specifically, section 1452(a) provides: A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title. 28 U.S.C. § 1452(a). 13. Bankruptcy Rule 9027 sets forth the time periods for filing notices to remove claims or causes of action. Specifically, Bankruptcy Rule 9027(a)(2) provides, in pertinent part: If a claim or cause of action in a civil action is pending when a case under the [Bankruptcy] Code is commenced, a notice of removal may be filed only within the longest of (A) 90 days after the order for relief in the case under the [Bankruptcy] Code, (B) 30 days after entry of an order terminating the stay, if the claim or cause of action in a civil action has been stayed under § 362 of the [Bankruptcy] Code, or (C) 30 days after a trustee qualifies in a chapter 11 reorganization case but not later than 180 days after the order for relief. Fed. R. Bankr. P. 9027(a)(2). 14. Bankruptcy Rule 9006 permits the Court to extend the period to remove actions provided by Bankruptcy Rule 9027. Specifically, Bankruptcy Rule 9006(b)(1) provides, in pertinent part: [W]hen an act is required or allowed to be done at or within a specified period by these rules or by a notice given

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thereunder or by order of the court, the court for cause shown may at any time in its discretion . . . with or without motion or notice order the period enlarged if the request therefor is made before the expiration of the period originally prescribed or as extended by a previous order. Fed. R. Bankr. P. 9006(b)(1).  15. It is well-settled that the Court is authorized to enlarge the Removal Period. See Pacor, Inc. v. Higgins, 743 F.2d 984, 996 n. 17 (3d Cir. 1984), overruled on other grounds by Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 134-35, 116 S.Ct. 494, 133 L.Ed.2d 461 (1995) (holding the bankruptcy court’s power to grant an extension of the removal period under Bankruptcy Rule 9006(b) is “clear”); In re Jandous Elec. Constr. Corp., 106 B.R. 48 (Bankr. S.D.N.Y. 1989) (noting that the removal period can be expanded under Bankruptcy Rule 9006); Raff v. Gordon, 58 B.R. 988, 990 (E.D. Pa. 1986) (an expansion of time to file notices of removal is authorized under the Bankruptcy Rules). 16. The Liquidating Trustee’s decision regarding whether to seek removal of any particular Action depends on a number of factors, including: (a) the importance of the Action to the expeditious resolution of these Chapter 11 Cases; (b) the time required to complete the Action in its current venue; (c) the presence of federal subject matter jurisdiction over the proceeding that may allow for one or more aspects thereof to be heard by a federal court; (d) the relationship between the Action and the claims allowance process; and (e) the progress made to date in the Action. To make the appropriate determination, the Liquidating Trustee must analyze each Action in light of such factors. 17. The Liquidating Trustee have not yet had an opportunity to fully determine which Actions they may seek to remove (if any). As noted above, the Liquidating Trustee remains predominantly focused on reviewing and reconciling the numerous proofs of claim filed in the

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Chapter 11 Cases to identify particular categories of claims that may be subject to objection, and on his pursuit of potential sources of recovery for the benefit of all Liquidating Trust Beneficiaries. This process has resulted in the Liquidating Trustee making distributions on account of numerous allowed claims. However, because the Liquidating Trustee has been primarily focused on the claims reconciliation and asset recovery processes as described above, the Liquidating Trustee has not yet been unable to fully analyze each of the Actions and make the appropriate determinations concerning their removal. 18. The Liquidating Trustee believes the extension requested herein will provide the Liquidating Trustee with the additional time necessary to continue to focus on these critical matters while also considering whether to remove any Actions and ensuring that the rights provided by 28 U.S.C. § 1452 can be exercised in an appropriate manner. The rights of parties to the Actions will not be unduly prejudiced by the Liquidating Trustee’s requested extension of the Removal Period. If the Liquidating Trustee ultimately seeks to remove any Actions under Bankruptcy Rule 9027, the parties to such Actions will retain their rights to seek remand pursuant to 28 U.S.C. § 1452(b). 19. For the foregoing reasons, the Liquidating Trustee submits that cause exists for the relief requested herein. Courts within this District and Circuit have routinely granted relief similar to that requested herein in other chapter 11 cases. See, e.g., In re Frank Theatres Bayonne/South Cove, LLC, Case No. 18-34808 (SLM) (Bankr. D.N.J. March 4, 2019) (granting initial 120-day extension without prejudice to Debtors’ right to seek additional extensions); In re Mountain Creek Resort, Inc., Case No. 17-19899 (SLM) (Bank. D.N.J. May 15, 2017) (same); In re Cinram Group, Inc., Case No. 17-15258 (VFP) (Bankr. D.N.J. June 15, 2017) (same); In re Dots, LLC, Case No. 14-11016 (DHS) (Bankr. D.N.J. May 14, 2014) (same); In re School

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Specialty, Inc. Case No. 13-10125 (KJC) (Bankr. D. Del. May 16, 2013) (same). The 120-day extension requested herein is consistent with the extensions granted by courts within this District under similar circumstances. Accordingly, the Liquidating Trustee submits that the extension of the Removal Period through and including December 2, 2021 is reasonable and should be granted. WAIVER OF MEMORANDUM OF LAW 20. The Liquidating Trustee respectfully requests that the Court waive the requirement to file a separate memorandum of law pursuant to D.N.J. LBR 9013-1(a)(3) because the legal basis upon which the Liquidating Trustee relies is incorporated herein and the Motion does not raise any novel issues of law. NO PRIOR REQUEST 21. As noted above, this is the Liquidating Trustee’s second request for an extension of the Removal Period. No other motion for the specific relief sought herein has been made to this or any other court. NOTICE 22. Notice of this Motion has been given to (i) the Office of the United States Trustee for the District of New Jersey; and (ii) all parties that have requested to receive notice pursuant to Article XIV.I. of the Plan and Bankruptcy Rule 2002. In light of the nature of the relief requested herein, the Liquidating Trustee respectfully submits that no other or further notice is required. [Remainder of page intentionally left blank]    

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CONCLUSION WHEREFORE, the Liquidating Trustee respectfully requests that this Court: (i) enter an order, substantially in the form submitted herewith, granting the relief requested herein; and (ii) grant the Liquidating Trustee such other and further relief as the Court deems just and proper. Dated: May 10, 2021 Respectfully submitted, LOWENSTEIN SANDLER LLP /s/ John Schneider Joseph J. DiPasquale, Esq. Michael Papandrea, Esq. John P. Schneider, Esq. One Lowenstein Drive Roseland, NJ 07068 Telephone: (973) 597-2500 Facsimile: (973) 597-2400 jdipasquale@lowenstein.com mpapandrea@lowenstein.com jschneider@lowenstein.com Counsel to the Liquidating Trustee

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