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Full title: Motion to Extend Time to Allow Filing of Late Formal Proof of Claim Filed by Angela Dolce (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F) (Bruno, Joseph) (Entered: 04/29/2021)

Document posted on Apr 28, 2021 in the bankruptcy, 9 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

NOW INTO COURT, through undersigned counsel, comes Angela Dolce (hereinafter “Ms. Dolce”) and Angelo Dolce (hereinafter “Mr. Dolce”) (hereinafter, collectively "Movants"), creditors in the above entitled and numbered case, who respectfully represent as follows: 1. On February 12, 2021, Ms. Dolce and Mr. Dolce filed a Petition for Damages in a lawsuit originally entitled Angela Dolce and Angelo Dolce v. Archbishop Shaw High School, The Roman Catholic Church Archdiocese of New Orleans, Jakob McKee, Pearl River High and The St. Tammany Parish School Board, Case No. 814821, Div.During the weeks of March 1, 2021 and March 8, 2021, Debtor’s counsel and counsel for Ms. Dolce and Mr. Dolce had conversations regarding the bankruptcy, Ms. Dolce’s and Mr. Dolce’s claim(s), Debtor’s counsel’s belief that the lawsuit filed in the 24th Judicial District Court for the Parish of Jefferson violated the Automatic Stay in this matter, and Debtor’s plan to file a Motion for Relief for Willful Violation of Automatic Stay if Ms. Dolce and Mr. Dolce did not dismiss Shaw and the Debtor in the civil litigation.Ms. Dolce and Mr. Dolce allege in the First Amended and Supplemental Petition for Damages that Shaw maintained a policy of liability insurance with Omaha, which said policy covered the negligence of Mr. Dolce’s wrestling coaches, including Mr. Surrency, and specifically covers the damages complained of in the petition, such that Ms. Dolce and Mr. Dolce have a right of direct action against Omaha as liability insurer of Mr. Dolce’s wrestling coaches, including Mr. Surrency, pursuant to Louisiana Revised Statute 22:1269.During the week of March 22, 2021, counsel for the Debtor contacted Ms. Dolce’s and Mr. Dolce’s counsel and informed counsel for Ms. Dolce and Mr. Dolce of Debtor’s counsel’s belief that the First Amended and Supplemental Petition for Damages filed in the 24th Judicial District Court for the Parish of Jefferson violated the Automatic Stay in this matter, and Debtor’s plan to file a Motion for Relief for Willful Violation of Automatic Stay if Ms. Dolce and Mr. Dolce did not dismiss Mr. Surrency and Omaha in the civil litigation. 13.

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA IN RE: CASE NO. 20-10846 THE ROMAN CATHOLIC CHURCH SECTION: “A” FOR THE ARCHDIOCESE OF NEW ORLEANS, CHAPTER 11 DEBTOR MOTION TO ALLOW FILING OF LATE FORMAL PROOF OF CLAIM A HEARING WILL BE CONDUCTED ON THIS MATTER ON MAY 20, 2021, AT 1:30 P.M., BY TELEPHONE THROUGH THE DIAL-IN FOR SECTION A: 1-888-684-8852; ACCESS CODE: 9318283. IF YOU OBJECT TO THE RELIEF REQUESTED IN THIS PLEADING, YOU MUST RESPOND IN WRITING. UNLESS DIRECTED OTHERWISE BY THE COURT, YOU MUST FILE YOUR RESPONSE WITH THE CLERK OF THE BANKRUPTCY COURT NO LATER THAN SEVEN (7) DAYS BEFORE THE HEARING DATE. YOU MUST SERVE A COPY OF YOUR RESPONSE ON THE PERSON WHO SENT YOU THE NOTICE; OTHERWISE, THE COURT MAY TREAT THE PLEADING AS UNOPPOSED AND GRANT THE RELIEF REQUESTED. NOW INTO COURT, through undersigned counsel, comes Angela Dolce (hereinafter “Ms. Dolce”) and Angelo Dolce (hereinafter “Mr. Dolce”) (hereinafter, collectively "Movants"), creditors in the above entitled and numbered case, who respectfully represent as follows: 1. On February 15, 2020, Mr. Dolce, seventeen and a minor at the time (date of birth January 8, 2003), was a student athlete enrolled in the eleventh grade at Archbishop Shaw High School (hereinafter “Shaw”) who was injured during a semifinal wrestling match in Shreveport, Louisiana for the Louisiana High School Athletic Association Championships. 2. On February 15, 2020 and/or before the Roman Catholic Church for the Archdiocese of New Orleans (hereinafter “Debtor”) filed a Chapter 11 Voluntary Petition in the above captioned matter (May 1, 2020), Shaw and/or the Debtor was/were aware of Ms. Dolce’s and Mr. Dolce’s claim(s) (Please see attached Affidavit of Ms. Dolce, attached hereto as Exhibit “A”).

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3. The Debtor herein filed for relief under Chapter 11 of the United States Bankruptcy Code on May 1, 2020. Despite being a known creditor, notice that Debtor filed for bankruptcy was not provided to Ms. Dolce and/or Mr. Dolce (Please see attached Affidavit of Ms. Dolce, attached hereto as Exhibit “A’. Please see attached Affidavit of Mr. Dolce, attached hereto as Exhibit “B”). In fact, Ms. Dolce and Mr. Dolce did not learn and/or know that the Debtor filed for bankruptcy until February 26, 2021 (Please see attached Affidavit of Ms. Dolce, attached hereto as Exhibit “A’. Please see attached Affidavit of Mr. Dolce, attached hereto as Exhibit “B”. Please see February 26, 2021 correspondence sent from Debtor’s counsel to Mr. and Ms. Dolce’s counsel, attached hereto as Exhibit “C”). 4. On October 1, 2020, this Honorable Court issued an Order Fixing Time For Filing Proof of Claims; Approving Proof of Claim Forms; Providing For Confidentiality Protocols; And Approving Form And Manner Of Notice [ECF Doc. 461]. This Order, among other things, ordered that the General Claims Bar Date be November 30, 2020, 5:00 p.m. (Central Time). Despite being a known creditor, notice of this Order was not provided to Ms. Dolce and/or Mr. Dolce. In fact, Ms. Dolce and Mr. Dolce did not learn and/or know about this Order until their counsel investigated this matter after receiving the February 26, 2021 correspondence referenced in paragraph 3 above. In addition, the November 30th deadline was before Mr. Dolce reached the age of majority (Please see attached Affidavit of Ms. Dolce, attached hereto as Exhibit “A’. Please see attached Affidavit of Mr. Dolce, attached hereto as Exhibit “B”). 5. On February 12, 2021, Ms. Dolce and Mr. Dolce filed a Petition for Damages in a lawsuit originally entitled Angela Dolce and Angelo Dolce v. Archbishop Shaw High School, The Roman Catholic Church Archdiocese of New Orleans, Jakob McKee, Pearl River High and The

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St. Tammany Parish School Board, Case No. 814821, Div. “N”, 24th Judicial District Court for the Parish of Jefferson (Please see Petition for Damages, attached hereto as Exhibit “D”). 6. During the weeks of March 1, 2021 and March 8, 2021, Debtor’s counsel and counsel for Ms. Dolce and Mr. Dolce had conversations regarding the bankruptcy, Ms. Dolce’s and Mr. Dolce’s claim(s), Debtor’s counsel’s belief that the lawsuit filed in the 24th Judicial District Court for the Parish of Jefferson violated the Automatic Stay in this matter, and Debtor’s plan to file a Motion for Relief for Willful Violation of Automatic Stay if Ms. Dolce and Mr. Dolce did not dismiss Shaw and the Debtor in the civil litigation. 7. To avoid the possibility of being found in violation of the Automatic Stay by this Honorable Court and/or having this Honorable Court order sanctions against Ms. Dolce and Mr. Dolce, Ms. Dolce and Mr. Dolce agreed to dismiss Shaw and Debtor from the civil lawsuit without prejudice. 8. On March 12, 2021, Ms. Dolce and Mr. Dolce filed a Motion to Dismiss Without Prejudice and Incorporated Memorandum in Support. On March 15, 2021, an Order was signed by the Honorable Steven D. Enright, Jr. of the 24th Judicial District Court which ordered, among other things, that Shaw and Debtor be dismissed without prejudice (Please see Motion to Dismiss Without Prejudice and Incorporated Memorandum in Support and signed Order, attached hereto as Exhibit “E”). 9. On March 17, 2021, Ms. Dolce and Mr. Dolce filed a First Amended and Supplemental Petition for Damages naming Mr. Surrency, Mr. Dolce’s wrestling coach at Shaw, and Omaha, an insurer believed to have made payments for Mr. Dolce’s medical bills resulting from his wrestling match injuries (Please see First Amended and Supplemental Petition for Damages, attached hereto as Exhibit “F”).

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10. Ms. Dolce and Mr. Dolce allege in the First Amended and Supplemental Petition for Damages that Mr. Dolce’s wrestling coaches, including Mr. Surrency, were negligent in: A. Failing to provide a safe environment for their student athlete; B. Acting with indifference towards the safety of their student athlete; C. Inadequate supervision of their student athlete; D. Improperly allowing an inexperienced student athlete to wrestle against an experienced student athlete; E. Improperly allowing an inexperienced injured student athlete to continue to wrestle against an experienced student athlete; F. Inadequate prevention of a preventable and foreseeable incident; G. Failing to properly train their student athlete and/or the wrestling coaches; H. Negligently hiring of wrestling coaches; I. Failing to hire and/or use competent and properly qualified staff; J. Failing to obtain proper and/or timely medical treatment for their injured student athlete; and K. Other acts of negligence which will be shown more fully at trial. 11. Ms. Dolce and Mr. Dolce allege in the First Amended and Supplemental Petition for Damages that Shaw maintained a policy of liability insurance with Omaha, which said policy covered the negligence of Mr. Dolce’s wrestling coaches, including Mr. Surrency, and specifically covers the damages complained of in the petition, such that Ms. Dolce and Mr. Dolce have a right of direct action against Omaha as liability insurer of Mr. Dolce’s wrestling coaches, including Mr. Surrency, pursuant to Louisiana Revised Statute 22:1269. 12. During the week of March 22, 2021, counsel for the Debtor contacted Ms. Dolce’s and Mr. Dolce’s counsel and informed counsel for Ms. Dolce and Mr. Dolce of Debtor’s counsel’s belief that the First Amended and Supplemental Petition for Damages filed in the 24th Judicial

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District Court for the Parish of Jefferson violated the Automatic Stay in this matter, and Debtor’s plan to file a Motion for Relief for Willful Violation of Automatic Stay if Ms. Dolce and Mr. Dolce did not dismiss Mr. Surrency and Omaha in the civil litigation. 13. Attempting to again work with Debtor’s counsel, and to ensure that Ms. Dolce and Mr. Dolce were not violating the Automatic Stay in this matter, counsel for Ms. Dolce and Mr. Dolce asked Debtor’s counsel for information regarding the Omaha insurance policy, indicated that Ms. Dolce and Mr. Dolce would have no problem with dismissing Omaha without prejudice in the event that the insurance policy provided by Omaha was property of the bankruptcy estate, and asked Debtor’s counsel for any legal support which supported Debtor’s position that Mr. Surrency and/or Omaha being named as Defendant(s) in the civil litigation was a violation of the Automatic Stay. Debtor’s counsel indicated that she could not provide any insurance information, one reason being because of the Automatic Stay, insisted that both Mr. Surrency and Omaha had to be dismissed from the civil litigation, and instead of providing any legal support, on March 25, 2021, filed a Motion for Relief for Willful Violation of Automatic Stay [ECF Doc. 800]. 14. Despite Shaw and the Debtor being dismissed from the civil lawsuit as explained above, and despite providing no support that the insurance policy provided by Omaha is property of the bankruptcy estate, much less any support that Mr. Surrency and/or Omaha being named Defendants in the civil lawsuit is a violation of the Automatic Stay, the Debtor asked this Honorable Court to issue an order: (A) finding that Plaintiffs’ Counsel violated the automatic stay (i) by filing a lawsuit on behalf of their clients, Angela Dolce and Angelo Dolce, against the Archdiocese and Archbishop Shaw during the pendency of the automatic stay, and (ii) by amending their clients’ Petition in an attempt to recover insurance belonging to the Debtor’s estate; (B) ordering Plaintiffs’ Counsel to pay the actual damages sustained by the Debtor; and (C) granting such other and further relief to which the Debtor may be entitled in law and equity.

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Debtor’s Motion for Relief for Willful Violation of Automatic Stay is set for hearing on May 20, 2021 at 1:30 p.m.1 15. That it would be in the best interests of justice that this Honorable Court enter an order allowing the late filing of Movants’ formal proof of claim so that the creditors may proceed to prosecute their claim in accordance with the law. Allowing the late formal proof of claim will not prejudice the Debtor or otherwise impact the judicial process. 16. The formal proof of claim would have been timely filed had Ms. Dolce and/or Mr. Dolce known about that Debtor’s bankruptcy and/or if notice would have been provided to Ms. Dolce and/or Mr. Dolce regarding the Debtor’s bankruptcy. A. Ms. Dolce and Mr. Dolce filed a timely informal proof of claim 17. “A proof of claim is a written statement setting forth a creditor’s claim” Fed. R. Bankr. P. 3001(a). The Court in In re Charter Co., 876 F.2d 861, 863 (11th Cir. 1989) (citations omitted), stated as follows: [u]nder some circumstances, actions by a claimant which do not amount to a formal proof of claim may constitute an informal proof of claim. Not every document filed in the bankruptcy court will constitute an informal proof of claim, however; the document must apprise the court of the existence, nature and amount of the claim (if ascertainable) and make clear the claimant’s intention to hold the debtor liable for the claim. 18. Ms. Dolce submitted a Student Accident Claim Form on March 2, 2020, October 18, 2020, December 14, 2020, January 11, 2021 and January 18, 2021. In addition, Ms. Dolce submitted texts, emails, and medical documents regarding Mr. Dolce (Please see attached Affidavit of Ms. Dolce, attached hereto as Exhibit “A’). The Student Accident Claim Form and the texts, emails, and medical documents should constitute an informal proof of claim form pursuant to In re Charter Co. The Student Accident Claim Form and the texts, emails, and medical documents 1 Movants’ Motion to Lift Stay [ECF Doc. 827] is also set for hearing on May 20, 2021 at 1:30 p.m.

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apprise this Honorable Court of the existence and nature of the claim and make clear the claimant’s intention to hold the debtor liable for the claim. Although the Student Accident Claim Form and the texts, emails, and medical documents do not set out the amount of the claim, the amount is not ascertainable due to the fact that Ms. Dolce’s and Mr. Dolce’s underlying tort claims have not yet been litigated in state court. Under these circumstances, the failure to specify an amount will not defeat the informal proof of claim. In re Charter Co. fn 5. In addition, allowing the late formal proof of claim will not prejudice the Debtor or otherwise impact the judicial process. B. Mr. Dolce and Ms. Dolce had no knowledge that the Debtor filed for bankruptcy 19. The Debtor filed for relief under Chapter 11 of the United States Bankruptcy Code on May 1, 2020. Despite being a known creditor, notice that Debtor filed for bankruptcy was not provided to Ms. Dolce and/or Mr. Dolce (Please see attached Affidavit of Ms. Dolce, attached hereto as Exhibit “A’. Please see attached Affidavit of Mr. Dolce, attached hereto as Exhibit “B”). In fact, Ms. Dolce and Mr. Dolce did not learn and/or know that the Debtor filed for bankruptcy until February 26, 2021 (Please see attached Affidavit of Ms. Dolce, attached hereto as Exhibit “A’. Please see attached Affidavit of Mr. Dolce, attached hereto as Exhibit “B”. Please see February 26, 2021 correspondence sent from Debtor’s counsel to Mr. and Ms. Dolce’s counsel, attached hereto as Exhibit “C”). For these reasons, Ms. Dolce and Mr. Dolce should be allowed to file a late formal proof of claim. In addition, allowing the late formal proof of claim will not prejudice the Debtor or otherwise impact the judicial process. C. Mr. Dolce and Ms. Dolce never received notice of the bar date 20. Fed. R. Bankr. P.2002(a) requires that all creditors receive twenty-one (21) days notice by mail of, among other things, the time fixed for filing proofs of claim pursuant to Rule 3003(c). The Supreme Court of the United States in City of New York v. New York, New Haven &

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Hartford R.R., 344 U.S. 293, 297 (1953) held that “even creditors who have knowledge of a [bankruptcy case] have a right to assume that the statutory ‘reasonable notice’ will be given them before their claims are forever barred.” 21. On October 1, 2020, this Honorable Court issued an Order Fixing Time For Filing Proof of Claims; Approving Proof of Claim Forms; Providing For Confidentiality Protocols; And Approving Form And Manner Of Notice [ECF Doc. 461]. This Order, among other things, ordered that the General Claims Bar Date be November 30, 2020, 5:00 p.m. (Central Time). Despite being a known creditor, notice of this Order was not provided to Ms. Dolce and/or Mr. Dolce. In fact, Ms. Dolce and Mr. Dolce did not learn and/or know about this Order until their counsel investigated this matter after receiving the February 26, 2021 correspondence referenced above. In addition, the November 30th deadline was before Mr. Dolce reached the age of majority (Please see attached Affidavit of Ms. Dolce, attached hereto as Exhibit “A’. Please see attached Affidavit of Mr. Dolce, attached hereto as Exhibit “B”). For these reasons, Ms. Dolce and Mr. Dolce should be allowed to file a late formal proof of claim. In addition, allowing the late formal proof of claim will not prejudice the Debtor or otherwise impact the judicial process. WHEREFORE, Movants, for the above reasons, pray that this Honorable Court enter an order allowing the late filing of Movants’ formal proof of claim. Respectfully submitted, BRUNO AND BRUNO, LLP /s/ Joseph M. Bruno Joseph M. Bruno, No. 3604 Donald D. Reichert, Jr., No. 33328 Bruno & Bruno, LLP 855 Baronne Street New Orleans, Louisiana 70113 Telephone: (504) 525-1335 Fax: (504) 561-6775

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Attorneys for Angela Dolce and Angelo Dolce CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Motion is being served on April 29, 2021 (a) by electronic case filing for those parties receiving notice via the Court’s Electronic Case Filing system, (b) by email on Attorneys R. Patrick Vance (pvance@joneswalker.com), Elizabeth J. Futrell (efutrell@joneswalker.com), Edward D. Wegmann (dwegmann@joneswalker.com), Mark A. Mintz (mmintz@joneswalker.com), Laura F. Ashley (lashley@jonewalker.com), and Samantha Oppenheim (soppenheim@joneswalker.com), to be sent by Donlin, Recano & Company, Inc. (“DRC”), and (c) by email or First Class U.S. Mail, postage prepaid, on all other partis requiring service under the Court’s Ex Parte Order Authorizing the Debtor to Limit Notice and Establishing Notice Procedures [ECF No. 22], to be sent by DRC. DRC shall file a certificate of service to that effect once service is completed. /s/ Donald D. Reichert, Jr. Donald D. Reichert, Jr.

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