HTML Document View

Full title: First Amended Objection Omnibus Objections to Late Claims (RE: related document(s)1332 Objection, 1334 Declaration). Filed by Debtor Wave Computing, Inc. (Attachments: # 1 Declaration of Julie H Rome-banks in Support of Omnibus Objection to Late Claims) (Rome-Banks, Julie) (Entered: 04/19/2021)

Document posted on Apr 18, 2021 in the bankruptcy, 6 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

INC. and CAUSTIC GRAPHICS, INC., 20 the Reorganized Debtors and Debtors-in-Possession (together the “Debtors” and each a 21 “Debtor”) hereby object to the Proof of Claims that has been filed by the claimants 22 described below as being late filed: 23 24 25 1 The Debtors in these chapter 11 cases, along with the last four digits of eacDebtor’s federal tax identification number, as applicable, are: Wave Computing, Inc. (426426 MIPS Tech, Inc. (8247), Hellosoft, Inc. (8640), Wave Computing (UK) Limited (NoneImagination Technologies, Inc. (6967), Caustic Graphics, Inc. (7272), and MIPS Tech, LL27 (2161).The Debtors through Donlin Recano served notice of the Section 341 7 meeting of creditors together with the bar date for filing claims upon all creditors and 8 parties in interest as reflected in the NOTICE OF 341(a) MEETING OF CREDITORS VIA 9 TELEPHONE AND NOTICE OF BAR DATE filed with the Court on May 7, 2020 as 10 docket #86 (the “Bar Date Notice”).contingent, nor unliquidated and with respect to which no 1 contrary or superseding Proof of Claim has been Filed, and that has not been paid pursuant to an order of this 2 Bankruptcy Court or otherwise satisfied prior to the Effective Date; (ii) is evidenced by a Proof of Claim Filed 3 on or before the applicable Bar Date for which no objection has been Filed on or before the Claims Objection 4 Deadline; (iii) is not the subject of an objection to 5 allowance that was Filed on or before the Claims Objection Deadline; (iv) has not been settled, waived, withdrawn, or 6 denied pursuant to a Final Order; or (v) is expressly allowed (a) pursuant to a Final Order; (b) pursuant to an 7 agreement between the Holder of such Claim or Interest 8 and the Debtors or the Reorganized Debtors, as applicable; or (c) pursuant to the terms of this Plan; COMMONOW ASIA LIMITED: Debtor Wave Computing, Inc. objects to 14 Claim #69-1 filed by Commonow Asia Limited, which proof of claim was filed with the 15 Court on September 1, 2020 in the case of Wave Computing, Inc., in the amount of 16 $25,000.00 as a general unsecured non-priority claim for the following reasons: 17 A. Debtor Wave Computing, Inc. scheduled a claim on behalf of 18 Commonow Asia Limited as contingent and disputed in the Debtor’s Amended 19 Bankruptcy Schedules filed at docket #333.DAVID DOYLE: Debtor Wave Computing, Inc. objects to Claim #71-1 filed10 by David Doyle, which proof of claim was filed with the Court on December 16, 2020 in 11

List of Tables

Document Contents

1 BINDER & MALTER, LLP Michael W. Malter (SBN 96533) 2 Robert G. Harris (SBN 124678) Julie H. Rome-Banks (SBN 142364) 3 2775 Park Avenue, Santa Clara CA 95050 4 Telephone: 408.295.1700 Facsimile: 408.295.1531 5 Email: michael@bindermalter.com Email: rob@bindermalter.com 6 Email: julie@bindemalter.com 7 Attorneys for the Reorganized Debtors 8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 In re: Case No. 20-50682 (MEH) 12 WAVE COMPUTING, INC., et al., Chapter 11 (Jointly Administered) 13 Debtors.1 14 NO HEARING UNLESS REQUESTED 15 16 AMENDED OMNIBUS OBJECTIONS TO LATE CLAIMS 17 TO AFFECTED CLAIMANTS: COMMONOW ASIA LIMITED (Claim #69-1), DAVID DOYLE (Claim #71-1) and STATE OF DELAWARE, DIVISION OF CORPORATIONS 18 (Claims #74-1, 3-1 and 4-1) 19 WAVE COMPUTING, INC., MIPS TECH INC. and CAUSTIC GRAPHICS, INC., 20 the Reorganized Debtors and Debtors-in-Possession (together the “Debtors” and each a 21 “Debtor”) hereby object to the Proof of Claims that has been filed by the claimants 22 described below as being late filed: 23 24 25 1 The Debtors in these chapter 11 cases, along with the last four digits of eacDebtor’s federal tax identification number, as applicable, are: Wave Computing, Inc. (426426 MIPS Tech, Inc. (8247), Hellosoft, Inc. (8640), Wave Computing (UK) Limited (NoneImagination Technologies, Inc. (6967), Caustic Graphics, Inc. (7272), and MIPS Tech, LL27 (2161). The Debtors’ mailing address is 3201 Scott Blvd, Santa Clara, CA 95054.

1

1 1. The Debtors each filed a voluntary petition under chapter 11 on April 27, 2 2020 (“Petition Date”). The cases were ordered jointly administered by order entered on 3 May 1, 2020 (docket #50) with Wave Computing, Inc. as the lead case. Donlin Recano 4 was appointed as the claims, noticing and solicitation agent on behalf of the Debtors by 5 order entered on May 1, 2020 (docket #54). 6 2. The Debtors through Donlin Recano served notice of the Section 341 7 meeting of creditors together with the bar date for filing claims upon all creditors and 8 parties in interest as reflected in the NOTICE OF 341(a) MEETING OF CREDITORS VIA 9 TELEPHONE AND NOTICE OF BAR DATE filed with the Court on May 7, 2020 as 10 docket #86 (the “Bar Date Notice”). The Bar Date Notice informed all creditors and 11 parties in interest that the deadline to file proofs of claim was August 31, 2020 and that 12 claims could be filed either electronically with the Court or submitted by paper filing to 13 Donlin Recano. 14 3. The Bar Date Notice was served upon all creditors, parties in interest and 15 parties requesting special notice in these bankruptcy cases on May 7, 2020 and May 8, 16 2020 as reflected in a Certificate of Service filed with the Court as docket #94 and a 17 Supplemental Certificate of Service filed with the Court as docket #112. 18 4. The Sixth Amended Joint Chapter 11 Plan of Reorganization Of Wave 19 Computing Inc. And Its Debtor Affiliates (the “Plan”) was filed with the Court on February 20 5, 2021 as docket #1129. The Plan was confirmed by the Court pursuant to a Corrected 21 Order Confirming Sixth Amended Joint Chapter 11 Plan of Reorganization Of Wave 22 Computing Inc. And Its Debtor Affiliates (the “Confirmation Order”) entered by the Court 23 on February 16, 2021 as docket #1172. 24 5. The Plan at page 6 defines “Allowed” with respect to Claims as follows: 25 26 “Allowed” means, as to a Claim or an Interest, or any portion of such Claim or Interest, a Claim or Interest that 27 either (i) is listed in the Schedules as neither disputed, contingent, nor unliquidated and with respect to which no

2

1 contrary or superseding Proof of Claim has been Filed, and that has not been paid pursuant to an order of this 2 Bankruptcy Court or otherwise satisfied prior to the Effective Date; (ii) is evidenced by a Proof of Claim Filed 3 on or before the applicable Bar Date for which no objection has been Filed on or before the Claims Objection 4 Deadline; (iii) is not the subject of an objection to 5 allowance that was Filed on or before the Claims Objection Deadline; (iv) has not been settled, waived, withdrawn, or 6 denied pursuant to a Final Order; or (v) is expressly allowed (a) pursuant to a Final Order; (b) pursuant to an 7 agreement between the Holder of such Claim or Interest 8 and the Debtors or the Reorganized Debtors, as applicable; or (c) pursuant to the terms of this Plan; 9 provided, however, that proofs of interest need not be Filed with respect to any Interest. For the avoidance of 10 doubt, a Claim evidenced by a Proof of Claim Filed after the applicable Bar Date shall not be Allowed for any 11 purposes whatsoever absent entry of a Final Order 12 allowing such late-Filed Claim. 13 6. COMMONOW ASIA LIMITED: Debtor Wave Computing, Inc. objects to 14 Claim #69-1 filed by Commonow Asia Limited, which proof of claim was filed with the 15 Court on September 1, 2020 in the case of Wave Computing, Inc., in the amount of 16 $25,000.00 as a general unsecured non-priority claim for the following reasons: 17 A. Debtor Wave Computing, Inc. scheduled a claim on behalf of 18 Commonow Asia Limited as contingent and disputed in the Debtor’s Amended 19 Bankruptcy Schedules filed at docket #333. The designation of the scheduled claim as 20 contingent and disputed required that Commonow Asia Limited file a timely proof of clai21 pursuant to Fed.R.Bank.P. 3003(c) (2). 22 B. Commonow Asia Limited was served with the Bar Date Notice on 23 May 8, 2020 as reflected in the Supplemental Certificate of Service filed with the Court a24 docket #112 at page 13. The address used for service of the Bar Date Notice upon 25 Commonow Asia Limited matches the mailing address that said creditor used when filing26 Claim #69-1. 27 C. Claim #69-1 was filed after the Claims Bar Date of August 31, 2020. Therefore Claim #69-1 is late and untimely.

3

1 D. Commonow Asia Limited has neither applied for nor received an 2 order of this Court permitting the late filing of Claim #69-1 as required by the Plan. 3 E. A true and correct copy of Claim #69-1 of Commonow Asia Limited 4 without the supporting exhibits is attached as Exhibit “A” to the Declaration of Julie H. 5 Rome-Banks filed concurrently herewith (the “Rome-Banks Declaration”) and is 6 incorporated herein by reference. 7 F. Based upon the foregoing, Claim #69-1 of Commonow Asia Limited 8 should be disallowed in its entirety. 9 7. DAVID DOYLE: Debtor Wave Computing, Inc. objects to Claim #71-1 filed10 by David Doyle, which proof of claim was filed with the Court on December 16, 2020 in 11 the total amount of $127,792.00 of which $13,650.00 is asserted as a priority wage claim12 and the balance of the claim of $114,142.00 is a general unsecured non-priority claim, fo13 the following reasons: 14 A. The Debtors did not schedule either a priority wage claim or a 15 general unsecured claim for David Doyle. Notwithstanding, David Doyle, was served wit16 the Bar Date Notice on May 8, 2020 as reflected in the Supplemental Certificate of 17 Service filed with the Court as docket #112 at page 14. The address used for service of 18 the Bar Date Notice upon David Doyle matches the mailing address that David Doyle 19 used when filing Claim #71-1. 20 B. Claim #71-1 was filed after the Claims Bar Date of August 31, 2020. 21 Therefore Claim #71-1 is late and untimely. 22 C. David Doyle has neither applied for nor received an order of this 23 Court permitting the late filing of Claim #71-1 as required by the Plan. 24 D. A true and correct copy of Claim #71-1 of David Doyle without the 25 supporting exhibit is attached as Exhibit “B” to the Rome-Banks Declaration filed 26 concurrently herewith and is incorporated herein by reference. 27

4

1 E. Based upon the foregoing, Claim #71-1 of David Doyle should be 2 disallowed in its entirety. 3 8. STATE OF DELAWARE, DIVISION OF CORPORATIONS: The Debtors 4 object to the following priority tax claims of the State of Delaware, Division of 5 Corporations for the reasons described herein: 6 7 Claim # Date Filed Claim Amount Case Filed 8 74-1 2/26/2021 $96,346.81 Wave Computing, Inc., #20-50682 9 4-1 2/26/2021 $397,422.88 MIPS Tech, Inc., #20-50683 10 3-1 2/26/2021 175.00 Caustic Graphics, Inc. #20-50690 11 Collectively, these three claims filed by the State of Delaware, Division of Corporations 12 are referred to as the “DDC Claims” and the State of Delaware, Division of Corporations 13 is referred to as the “DDC”. 14 A. The Debtors did not schedule a priority tax claim or a general 15 unsecured claim for the DDC. Notwithstanding, the DDC was served with the Bar Date 16 Notice on May 8, 2020 as reflected in the Supplemental Certificate of Service filed with 17 the Court as docket #112 at page 42. The address used for service of the Bar Date 18 Notice upon the DDC matches the mailing address used by that the DDC used when 19 filing the DDC Claims. 20 B. The DDC Claims were each filed after the Claims Bar Date of Augus21 31, 2020. There is no separate claims bar date for governmental units in these 22 bankruptcy cases. The DDC at no time requested that the Court extend the Claims Bar 23 Date on behalf of the DDC. Therefore the DDC Claims are each late and untimely. 24 C. The DDC has neither applied for nor received an order of this Court 25 permitting the late filing of the DDC Claims as required by the Plan. 26 D. True and correct copies of each of the DDC Claims without their 27 supporting exhibits are attached as Exhibits “C” through “E” respectively to the Rome-

5

1 Banks Declaration filed concurrently herewith and are incorporated herein by reference. 2 E. Based upon the foregoing, the DDC Claims should be disallowed in 3 their entirety. 4 9. The Debtors reserve the right to amend these objections to state additional5 substantive grounds for objecting to each of the claims described herein. 6 7 WHEREFORE, the Debtor prays as follows: 8 A. That Claim No. 69-1 of Commonow Asia Limited filed in the amount of 9 $25,000 be disallowed in its entirety; 10 B. That Claim No. 71-1 filed by David Doyle. in the amount of $127,792.00 be11 disallowed in its entirety; 12 C. That each of the DDC Claims identified in paragraph 8 above be disallowe13 in their entirety; and, 14 D. For such other and further relief as the Court deems just and proper. 15 Dated: April 19, 2021 BINDER & MALTER, LLP 16 By: /s/ Julie H. Rome-Banks 17 Julie H. Rome-Banks 18 Attorneys for Reorganized Debtors 19 20 21 22 23 24 25 26 27

6