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Full title: Motion to Object To Claims of / Liquidating Trustees Sixth Omnibus Objection To Certain Employee Warn Act Claims Filed by Joseph J. DiPasquale on behalf of Liquidating Trustee. Hearing scheduled for 7/6/2021 at 10:00 AM at JKS - Courtroom 3D, Newark. (Attachments: # 1 Declaration of Kevin Clancy in Support # 2 Proposed Order) (DiPasquale, Joseph) (Entered: 06/01/2021)

Document posted on May 31, 2021 in the bankruptcy, 16 pages and 0 tables.

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“Bankruptcy Rules”), and Rules 3007-1 and 3007-2 of the Local Rules of the United States Bankruptcy Court for the District of New Jersey (the “Local Rules”): disallowing and expunging the claims set forth on Exhibit A to the proposed order submitted herewith (the “Proposed Order”) because each such claim (the “Disputed Claims”) has been released pursuant to the WARN Settlement Agreements (as defined in the Motion) approved by the Court’s WARN Settlement Orders (as defined in the Motion) Rules”), and Rules 3007-1 and 3007-2 of the Local Rules of the United States Bankruptcy Court for the District of New Jersey (the “Local Rules”), disallowing and expunging the claims set forth on Exhibit A to the proposed order submitted herewith (the “Proposed Order”) because each such claim (the “Disputed Claims”) has been released pursuant to the WARN Settlement Agreements (as defined herein) approved by the Court’s WARN Settlement Orders (as defined herein)The settlements that resolved the First WARN Proceeding and claims of the Union employees are set forth in the Union Plant Closing Agreement, Union Letter Agreement, and Non-Union Severance Agreement (collectively, the “Global Settlement Agreements”), each as defined in, and attached as Exhibits A, B, and D, respectively, to, the Supplemental Declaration of Vincent Colistra in Support of Debtors’ Motion for Order Approving Global Employee Settlements Pursuant to 11 U.S.C. § 105(a) and 363(b) and Bankruptcy Rule 9019 filed on February 22, 2019 (the “Colistra Settlement Declaration”)Pursuant to the WARN Settlement Agreements and WARN Settlement Orders, the Debtors agreed to pay certain settlement amounts to the respective classes of employees and, in exchange, the employees released the Debtors from any claims or liabilities arising from their employment by the Debtors, including claims arising under the federal WARN Act or any similar state or local law.As part of the Liquidating Trustee’s ongoing review of filed claims, the Liquidating Trustee has reviewed each of the Disputed Claims listed on Exhibit A to the Proposed Order and has concluded that each of the Disputed Claims should be summarily disallowed and expunged on the basis that each such Disputed Claim is on account of liabilities that were released pursuant to the WARN Settlement Agreements and WARN Settlement Orders.

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LOWENSTEIN SANDLER LLP Joseph J. DiPasquale, Esq. Michael Papandrea, Esq. John P. Schneider, Esq. One Lowenstein Drive Roseland, New Jersey 07068 (973) 597-2500 (Telephone) (973) 597-2400 (Facsimile) Counsel to the Liquidating Trustee UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY In re: Chapter 11 NEW ENGLAND MOTOR FREIGHT, INC., Case No. 19-12809 (JKS) et al.,1 Jointly Administered Debtors. Hearing Date: July 6, 2021 at 10:00 a.m. (ET) Objection Deadline: June 29, 2021 at 4:00 p.m. (ET) NOTICE OF THE LIQUIDATING TRUSTEE’S SIXTH OMNIBUS OBJECTION TO CERTAIN EMPLOYEE WARN ACT CLAIMS PLEASE TAKE NOTICE that on July 6, 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, pursuant to sections 105(a) and 502 of Title 11 of the United States Code (the “Bankruptcy Code”), Rule 3007 of the Federal Rules of Bankruptcy Procedure (the 1 The Debtors in these Chapter 11 Cases (as defined herein) 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); Mylon, LLC (7305); Hollywood Avenue Solar, LLC (2206); United Express Solar, LLC (1126); and NEMF Logistics, LLC (4666).

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“Bankruptcy Rules”), and Rules 3007-1 and 3007-2 of the Local Rules of the United States Bankruptcy Court for the District of New Jersey (the “Local Rules”): disallowing and expunging the claims set forth on Exhibit A to the proposed order submitted herewith (the “Proposed Order”) because each such claim (the “Disputed Claims”) has been released pursuant to the WARN Settlement Agreements (as defined in the Motion) approved by the Court’s WARN Settlement Orders (as defined in the Motion) [Docket Nos. 155 and 1076]. 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 June 29, 20201 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.

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Dated: June 1, 2021 Respectfully submitted, LOWENSTEIN SANDLER LLP /s/ Joseph J. DiPasquale 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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OBJECTION SHOULD LOCATE THEIR NAMES AND CLAIMS ON EXHIBIT A ATTACHED TO THE PROPOSED ORDER. LOWENSTEIN SANDLER LLP Joseph J. DiPasquale, Esq. Michael Papandrea, Esq. John P. Schneider, Esq. One Lowenstein Drive Roseland, New Jersey 07068 (973) 597-2500 (Telephone) (973) 597-2400 (Facsimile) Counsel to the Liquidating Trustee UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY In re: Chapter 11 NEW ENGLAND MOTOR FREIGHT, INC., Case No. 19-12809 (JKS) et al.,1 Jointly Administered Debtors. Hearing Date: July 6, 2021 at 10:00 a.m. (ET) Obj. Deadline: June 29, 2021 at 4:00 p.m. (ET) THE LIQUIDATING TRUSTEE’S SIXTH OMNIBUS OBJECTION TO CERTAIN EMPLOYEE WARN ACT CLAIMS The liquidating trustee appointed in the above-captioned Chapter 11 Cases (the “Liquidating Trustee”), by and through its undersigned counsel, hereby submits this sixth omnibus objection (the “Omnibus Objection”) seeking entry of an order, substantially in the form submitted herewith, pursuant to sections 105(a) and 502 of Title 11 of the United States Code (the “Bankruptcy Code”), Rule 3007 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy 1 The Debtors in these Chapter 11 Cases (as defined herein) 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); Mylon, LLC (7305); Hollywood Avenue Solar, LLC (2206); United Express Solar, LLC (1126); and NEMF Logistics, LLC (4666).

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Rules”), and Rules 3007-1 and 3007-2 of the Local Rules of the United States Bankruptcy Court for the District of New Jersey (the “Local Rules”), disallowing and expunging the claims set forth on Exhibit A to the proposed order submitted herewith (the “Proposed Order”) because each such claim (the “Disputed Claims”) has been released pursuant to the WARN Settlement Agreements (as defined herein) approved by the Court’s WARN Settlement Orders (as defined herein) [Docket Nos. 155 and 1076]. In support of this Omnibus Objection, the Liquidating Trustee submits the Declaration of Kevin Clancy in Support of the Liquidating Trustee’s Sixth Omnibus Objection to Certain Employee WARN Act Claims filed contemporaneously herewith and respectfully states as follows:2 JURISDICTION, VENUE, AND STATUTORY PREDICATES 1. This Court has jurisdiction over this Omnibus Objection 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 sought herein are section 105 and 502 of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rules 3007-1 and 3007-2. BACKGROUND A. General Background 3. On February 11, 2019 (the “Petition Date”), the above-captioned debtors (collectively, the “Debtors”) filed voluntary petitions for relief under Chapter 11 of the Bankruptcy 2 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Combined Plan and Disclosure Statement (as defined herein).

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Code 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. On February 21, 2019, the Office of the United States Trustee appointed the Official Committee of Unsecured Creditors (the “Committee”) in these Chapter 11 Cases. See Amended Notice of Appointment of Official Committee of Unsecured Creditors [Docket No. 114]. 5. 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 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. B. The Bar Dates 6. On May 1, 2019, the Court entered an order (the “Bar Date Order”) [Docket No. 519] that established (i) June 18, 2019 at 5:00 p.m. (ET) (the “General Bar Date”) as the deadline for all parties other than governmental units to file proofs of claim for claims arising prior to the Petition Date, including claims arising under section 503(b)(9) of the Bankruptcy Code, and (ii) August 12, 2019 at 5:00 p.m. (ET) (the “Governmental Bar Date,” and together with the General Bar Date, the “Bar Dates”) as the deadline for governmental units to file proofs of claim for claims arising prior to the Petition Date.3 3 Notice of the Bar Dates was served and published pursuant to the Bar Date Order. See Docket Nos. 547 and 561.

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C. The Combined Plan and Disclosure Statement and Claims Reconciliation Process 7. On October 21, 2019, the Debtors jointly filed with the Committee the initial version of the Combined Plan and Disclosure Statement [Docket No. 932]. The Combined Plan and Disclosure Statement was subsequently amended on November 8, 2019 [Docket No. 983] and on November 12, 2019 [Docket No. 993]. The last amended version of the Combined Plan and Disclosure Statement was filed on November 19, 2019 [Docket No. 1023]. 8. Following a confirmation hearing held on January 14, 2020, the Court entered an order confirming the Plan on January 15, 2020 [Docket No. 1133]. The effective date of the Plan (the “Plan Effective Date”) occurred on February 3, 2020.4 9. Upon the Plan Effective Date, all of the Debtors’ Assets were transferred to and vested in the post-confirmation Liquidating Trust, free and clear from 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 Trust is overseen and administered by the Liquidating Trustee, whose powers, rights, and responsibilities include, but are not limited to “conducting an analysis of any and all Claims and Interests and prosecuting objections thereto or otherwise compromising such Claims and Interests, if necessary and appropriate[.]” See Plan, Article VII.A.3. D. The WARN Settlement Agreements and WARN Settlement Orders 10. The Debtors commenced these Chapter 11 Cases to facilitate the immediate wind-down and liquidation of their business under the protection of chapter 11 of the Bankruptcy Code. 4 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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As described in Article II.C.7. of the Combined Plan and Disclosure Statement, the Debtors terminated the vast majority of their approximately 3,450 employees shortly after the Petition Date. 11. The Debtors had negotiated a severance and healthcare package for terminated Union employees on the eve of the Petition Date, which package was thereafter offered to all terminated non-union employees. Relatedly, during the Chapter 11 Cases, certain employees asserted causes of action against the Debtors for, inter alia, violations of the WARN Act via two class action adversary proceedings: (i) Adv. Pro. No. 19-1073, filed on February 14, 2019 (the “First WARN Proceeding”), and (ii) Adv. Pro. No. 19-1163, filed on April 9, 2019 (the “Second WARN Proceeding,” and collectively with the First WARN Proceeding, the “WARN Proceedings”).5 12. The Debtors negotiated settlements with their Union and non-Union employees in connection with the WARN Proceedings and the negotiations with the Union that commenced prepetition. The settlements that resolved the First WARN Proceeding and claims of the Union employees are set forth in the Union Plant Closing Agreement, Union Letter Agreement, and Non-Union Severance Agreement (collectively, the “Global Settlement Agreements”), each as defined in, and attached as Exhibits A, B, and D, respectively, to, the Supplemental Declaration of Vincent Colistra in Support of Debtors’ Motion for Order Approving Global Employee Settlements Pursuant to 11 U.S.C. § 105(a) and 363(b) and Bankruptcy Rule 9019 filed on February 22, 2019 (the “Colistra Settlement Declaration”) [Docket No. 89-1]. The additional settlement that resolved the Second WARN Proceeding is embodied in the settlement agreement dated as of November 4, 5 The Second WARN Proceeding was commenced by plaintiffs seeking to certify a class that included employees who neither received any consideration nor executed valid releases in connection with the Global Settlement Agreements (defined herein).

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2019 (the “Second WARN Settlement Agreement,” and collectively with the Global Settlement Agreement, the “WARN Settlement Agreements”), attached as Exhibit A to the Second Settlement Order (defined below). 13. The Court approved the WARN Settlement Agreements via the Court’s: (a) order approving the Global Settlement Agreements, entered on March 1, 2019 (the “Global Settlement Order”) [Docket No. 155], and (b) order approving the Second WARN Settlement Agreement, entered on December 13, 2019 [Docket No. 1076] (the “Second Settlement Order,” and collectively with the Global Settlement Order, the “WARN Settlement Orders”). 14. Pursuant to the WARN Settlement Agreements and WARN Settlement Orders, the Debtors agreed to pay certain settlement amounts to the respective classes of employees and, in exchange, the employees released the Debtors from any claims or liabilities arising from their employment by the Debtors, including claims arising under the federal WARN Act or any similar state or local law. See, e.g., Plan, Article II.C.7(a)-(b). 15. Specifically, pursuant to the Union Plant Closing Agreement, the Union has released the Debtors from liability for: [A]ny and all claims, demands, suits or grievances of whatever kind or sort, known or unknown, including to [sic] but not limited to those arising out of or in connection with its collective bargaining relationship with the [Debtors] . . . [and] including those claims arising out of any state, local or federal law, including in particular the Worker Adjustment and Retraining Notification Act, and any similar state law[.] See Union Plant Closing Agreement attached as Exhibit A to the Colistra Settlement Declaration. 16. Further, any non-Union employee that has executed the Non-Union Severance Agreement has released the Debtors from any liability related to his or her employment by the Debtors, including a release of potential WARN Act claims. See generally Non-Union Severance Agreement attached as Exhibit D to the Colistra Settlement Declaration.

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17. Similarly, pursuant to the Second WARN Settlement Agreement, any Class Member (as defined in the Second Settlement Order) that has not opted out of the Second WARN Settlement Agreement has released the Debtors’ estates from: [A]ny and all claims, demands, debts, liabilities, obligations, liens, actions and causes of action, costs, expenses, attorneys’ fees and damages of whatever kind or nature, at law, in equity and otherwise, whether known or unknown, anticipated, suspected or disclosed, which the Releasing Parties6 may now have or hereafter may have against the Released Parties,7 which relate to or are based on the WARN Acts or similar state laws or back or severance pay or benefits under any federal, state or local law or regulation arising out of the termination of the Class Members’ employment by the Debtors.” See Second WARN Settlement Agreement, ¶ 12(a). 18. As part of the Liquidating Trustee’s ongoing review of filed claims, the Liquidating Trustee has reviewed each of the Disputed Claims listed on Exhibit A to the Proposed Order and has concluded that each of the Disputed Claims should be summarily disallowed and expunged on the basis that each such Disputed Claim is on account of liabilities that were released pursuant to the WARN Settlement Agreements and WARN Settlement Orders. OMNIBUS OBJECTION TO THE DISPUTED CLAIMS 19. Section 502(a) of the Bankruptcy Code provides, in pertinent part, that “[a] claim or interest, proof of which is filed under section 501 of this title, is deemed allowed, unless a party in interest . . . objects.” 11 U.S.C. § 502(a). 6 Pursuant to ¶ 12(a) of the Second WARN Settlement Agreement, the “Releasing Parties” include all Class Members who have not opted out and their respective predecessors, successors, assigns, heirs, personal representatives and estates. 7 Pursuant to ¶ 12(a) of the Second WARN Settlement Agreement, the “Released Parties” include the Debtors’ bankruptcy estates and the Debtors’ current and former shareholders, directors, employees, accountants, attorneys, representatives and other agents, and all of their respective predecessors, successors and assigns.

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20. When asserting a proof of claim against a bankrupt estate, a claimant must allege facts that, if true, would support a finding that the debtor is legally liable to the claimant. In re Allegheny Int’l, Inc., 954 F.2d 167, 173 (3d Cir. 1992). A proof of claim filed in accordance with section 501 of the Bankruptcy Code and the Bankruptcy Rules typically constitutes “prima facie evidence of the validity and amount of the claim.” Fed R. Bankr. P. 3001(f). 21. To receive the benefit of prima facie validity, however, the proof of claim must “set forth facts necessary to support the claim.” In re Stoecker, 143 B.R. 879, 883 (N.D. Ill. 1992); Allegheny, 954 F.2d at 167 (“[A] claim that alleges facts sufficient to support a legal liability to the claimant satisfies the claimant’s initial obligation to go forward.”). Initially, the burden of proof lies on the claimant; if the claimant supports his claim with sufficient facts or documentation, the claim is deemed prima facie valid. In re Devonshire PGA Holdings LLC, 548 B.R. 689, 697 (Bankr. D. Del. 2016) (citing In re Allegheny Int’l, Inc., 954 F.2d at 173–74); Lampe v. Lampe, 665 F.3d 506, 514 (3d Cir. 2011). 22. A claimant’s failure to allege facts and to provide sufficient support for a claim deprives the claim of prima facie validity. See, e.g., In re Jorczak, 314 B.R. 474, 481-82 (Bankr. D. Conn. 2004) (discussing the evidentiary requirements and burden of proof with respect to the allowance of claims); In re Los Angeles Int’l Airport Hotel Assoc., 196 B.R. 134, 139 (9th Cir. BAP 1996). Moreover, while a properly filed proof of claim is prima facie evidence of the claim’s allowed amount, when an objecting party presents evidence to rebut a claim’s prima facie validity, the claimant bears the burden of proving the claim’s validity by a preponderance of evidence. See In re Allegheny Int’l, Inc., 954 F.2d at 173-74. 23. Once an objection to a claim is filed, the Court, after notice and hearing, shall determine the allowed amount of the claim pursuant to section 502(b) of the Bankruptcy Code.

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The burden of persuasion with respect to the claim always rests with the claimant. See, e.g., Biolitec, AG v. Cyganowski, 2013 WL 6795400, *3 (D.N.J. Dec. 16, 2013); In re Allegheny Int’l, Inc., 954 F.2d at 173-74. 24. Here, the Liquidating Trustee respectfully submits that each of the Disputed Claims set forth on Exhibit A to the Proposed Order is on account of a liability that has been released pursuant to the WARN Settlement Agreements that were approved by the WARN Settlement Orders. Accordingly, the Liquidating Trustee respectfully submits that the Disputed Claims are not entitled to any distribution from the Debtors’ estates, and that each of the Disputed Claims must be disallowed in its entirety and expunged from the claims register. Any failure to disallow the Disputed Claims may result in the holders of such Disputed Claims receiving an unwarranted recovery against the Debtors’ estates to the detriment of holders of legitimate, allowable claims. 25. For the foregoing reasons, the Liquidating Trustee (a) objects to the allowance of each of the Disputed Claims listed on Exhibit A to the Proposed Order, and (b) seeks entry of an order, substantially in the form of the Proposed Order, disallowing and expunging in their entirety each of the Disputed Claims listed on Exhibit A to the Proposed Order. RESPONSES TO THIS OMNIBUS OBJECTION 26. Filing and Service of Responses: To contest this Omnibus Objection, a claimant must file and serve a written response (the “Response”), so that it is actually received by the Clerk of the Court and the parties listed in the following paragraph no later than 4:00 p.m. (ET) on June 29, 2021 (the “Response Deadline”). Claimants should locate their names and claims on the exhibit attached to the Proposed Order and carefully review the Proposed Order and the exhibit. All Responses must address the grounds upon which the Liquidating Trustee objects to a particular claim. If Responses are received, a hearing to consider the Omnibus Objection (the “Hearing”)

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shall be held on July 6, 2021 at 10:00 a.m. (ET), 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, Martin Luther King Jr. Federal Building, 50 Walnut Street, Third Floor, Newark, New Jersey 07102. 27. Every Response must be filed and served so as to be actually received by the Response Deadline by the parties listed in the Notice of Liquidating Trustee’s Sixth Omnibus Objection to Certain Employee WARN Act Claims filed herewith. The Liquidating Trustee submits that in light of the nature of the relief requested, no other or further notice need be given. 28. Content of Responses: Every Response to this Omnibus Objection must contain, at a minimum, the following: (a) a caption with the name of the Court, the above-referenced case number and the title of this Omnibus Objection to which the Response is directed; and the name of the responding claimant; (b) a concise statement setting forth the reasons why a particular claim should not be disallowed for the reasons set forth in this Omnibus Objection, including, but not limited to, the specific factual and legal bases upon which the claimant will rely in opposing this Omnibus Objection at the Hearing; (c) all documentation or other evidence of the claim in question, to the extent not already included with the claimant’s proof of claim, upon which the claimant will rely in opposing this Omnibus Objection at the Hearing; (d) the name, address, and telephone number of the person(s) (who may be the claimant or a legal representative) possessing ultimate authority to reconcile, settle, or otherwise resolve the claim on behalf of the claimant; and (e) the name, address, and telephone number of the person(s) (who may be the claimant or a legal representative) to whom the Liquidating Trustee should serve any reply to the Response. 29. Timely Response Required; Hearing; Replies: If a Response is properly and timely filed and served in accordance with the above procedures, the Liquidating Trustee or any other party-in-interest will endeavor to reach a consensual resolution with the responding claimant. If

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no consensual resolution is reached, the Court will conduct a hearing with respect to this Omnibus Objection and the Response on the date and time indicated above, or such other date and time as parties filing Responses may be notified. Only those Responses made in writing and timely filed and received will be considered by the Court at any hearing on the Omnibus Objection. 30. Adjournment of Hearing: The Liquidating Trustee reserves the right to adjourn the Hearing on any disputed claim included in this Omnibus Objection. In the event that the Liquidating Trustee adjourns the Hearing, the Liquidating Trustee will state that the Hearing on that particular disputed claim referenced in this Omnibus Objection, and/or Response, has been adjourned on the agenda for the Hearing on this Omnibus Objection, which agenda will be served on the person designated by the claimant in each Response. 31. If a claimant whose claim is subject to this Omnibus Objection and who is served with it, fails to file and serve a timely Response in compliance with the foregoing procedures, the Liquidating Trustee will present to the Court an appropriate order without further notice to such a claimant. RESERVATION OF RIGHTS 32. The Liquidating Trustee hereby reserves the right to object in the future to any of the claims that are the subject of this Omnibus Objection on any ground, and to amend, modify, and/or supplement this Omnibus Objection, including, without limitation, to object to amended or newly-filed claims. Without limiting the generality of the foregoing, the Liquidating Trustee specifically reserves the right to amend this Omnibus Objection, file additional papers in support of this Omnibus Objection, or take other appropriate actions, including to: (a) respond to any allegation or defense that may be raised in a response filed in accordance with the Omnibus Objection by or on behalf of any of the claimants or other interested parties; (b) object further to

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any Disputed Claim for which a claimant provides (or attempts to provide) additional documentation or substantiation; and (c) object further to any Disputed Claim based on additional information that may be discovered upon further review by the Liquidating Trustee or through discovery pursuant to the applicable provisions of the Bankruptcy Rules. SEPARATE CONTESTED MATTERS 33. To the extent a response is filed regarding any individual claim that is the subject of this Omnibus Objection and the Liquidating Trustee are unable to resolve the response, the Omnibus Objection by the Liquidating Trustee to such claim shall constitute a separate contested matter as contemplated by Bankruptcy Rule 9014. Any order entered by the Court regarding an objection asserted in this Omnibus Objection shall be deemed a separate order with respect to each claim subject thereto. WAIVER OF MEMORANDUM OF LAW 34. The Liquidating Trustee respectfully requests that the Court waive the requirement to file a separate memorandum of law pursuant to Local Rule 9013-1(a)(3) because the legal basis upon which the Liquidating Trustee relies is incorporated herein and the Omnibus Objection does not raise any novel issues of law. NOTICE 35. Notice of this Omnibus Objection served upon (i) the Office of the United States Trustee for the District of New Jersey; (ii) each of the claimants listed on Exhibit A to the Proposed Order; and (iii) 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.

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CONCLUSION WHEREFORE, the Liquidating Trustee respectfully requests entry of the Proposed Order (i) disallowing and expunging in their entirety each of the Disputed Claims listed on Exhibit A to the Proposed Order, and (ii) granting such other and further relief as this Court deems just and proper. Dated: June 1, 2021 Respectfully submitted, LOWENSTEIN SANDLER LLP /s/ Joseph J. DiPasquale Joseph J. DiPasquale, Esq. Michael Papandrea, Esq. John P. Schneider, Esq. One Lowenstein Drive Roseland, New Jersey 07068 (973) 597-2500 (Telephone) (973) 597-2400 (Facsimile) jdipasquale@lowenstein.com mpapandrea@lowenstein.com jschneider@lowenstein.com Counsel to the Liquidating Trustee

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