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Full title: Affidavit Re: of a)Notice of Electronic Hearing (Docket No. 3223); b)Notice of the WLB Liquidating Trusts Thirty-Fourth Omnibus Objection to Certain (A) Modified Claims and (B) No Liability Claims ; c)WLB Liquidating Trusts Thirty-Fourth Omnibus Objection to Certain (A) Modified Claims and (B) No Liability Claims (Docket No. 3222); and the d)Order Approving Omnibus Claims Objection Procedures and Filing of Substantive Omnibus Claims Objections (Docket No. 1546). (related document(s):1546 Generic Order, 3222 Objection to Claim, 3223 Notice). Filed by Donlin Recano and Co Inc (Donlin Recano and Co Inc) (Entered: 03/01/2021)
Document posted on Feb 28, 2021 in the bankruptcy, 26 pages and 2 tables.
Bankrupt11 Summary (Automatically Generated)
D. WILLIAMSONLAWARE AVE STE 1600 222 DELAWARE AVE STE 1600 100 HIGH ST STE 2400 112 E. PECAN ST STE 1800NGTON DE 19801 WILMINGTON DE 19801 BOSTON MA 02110 SAN ANTONIO TX 78501OWSKI@DUANEMORRIS.COM JPHITCHINGS@DUANEMORRIS.COM PDMOORE@DUANEMORRIS.COM DWILLIAMSON@DYKEMA.COMP001-1395S-397A 000138P001-1395S-397A 000090P001-1395S-397A 001959P001-1395S-397AA GOSSETT PLLC EKS AND H LLLP ENVIRONMENTAL PROTECTION AGENCY FOLEY & LARDNER LLP M. KAUFMANRICHARD A KINCHELOEAVIS STREET STE 4200 600 TRAVIS STREET STE 4200 11201 DOLFIELD BLVD UNITED STATES ATTORNEY'S OFFICEON TX 77002 HOUSTON TX 77002 STE 112 1000 LOUISIANA ST STE 2300VIDSON@HUNTONAK.COM JOSEPHROVIRA@HUNTONAK.COM OWINGS MILLS MD 21117 HOUSTON TX 77002LRYCHLAK@RAND.COM RICHARD.KINCHELOE@USDOJ.GOV e # : 3 of 7 02/09/2021 10:13 MICHAEL E COLLINS, ESQ BRIAN FROSHAVIS ST STE 2800 600 TRAVIS ST STE 2800 1201RMAUCERI@MORGANLEWIS.COM firstname.lastname@example.orgP001-1395S-397A 001901P001-1395S-397A 001901P001-1395S-397A 001908P001-1395S-397AAN LEWIS & BOCKIUS LLP MORGAN LEWIS & BOCKIUS LLP MORGAN LEWIS & BOCKIUS LLP MORRISON & FOERSTER LLP GOODCHILD III;RACHEL JAFFE MAUCERI CRYSTAL R AXELROD CRYSTAL R AXELROD LORENZO MARINUZZI; TODD M GOREN;JENNIFEARKET ST 1000 LOUISIANA ST STE 4000 1000 LOUISIANA ST STE 4000 250 WESTROSS AVE STE 700MONTGOMERY AL 36130 PHOENIX AZ 85004-2926 DALLAS TX 75201 NGTON NM 87401 P001-1395S-397A 000095P001-1395S-397A 000024P001-1395S-397A 000122P001-1395S-397A UPTCY ADMINISTRATION BUREAU OF INDIAN AFFAIRS CALIFORNIA ATTORNEY GENERAL CARDWELL DISTRIBUTING INCTINE R ETHERIDGE HANKIE
List of Tables
Page 1UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ) In re: ) Chapter 11 ) WESTMORELAND COAL COMPANY, et al.,1 ) Case No. 18-35672 (DRJ) ) Debtors. ) (Jointly Administered) ) AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss: COUNTY OF KINGS ) I, Calvin E. Dickson, declare: 1. I am over the age of 18 years and not a party to these chapter 11 cases. 2. I am employed by Donlin, Recano & Company, Inc. (“DRC”), 6201 15th Avenue, Brooklyn, NY 11219. 3. On the 9th day of February, 2021, DRC, under my supervision caused a true and accurate copy of the following documents: a) Notice of Electronic Hearing (Docket No. 3223); b) Notice of the WLB Liquidating Trust’s Thirty-Fourth Omnibus Objection to Certain (A) Modified Claims and (B) No Liability Claims, a copy of which is set forth on Exhibit 1; c) WLB Liquidating Trust’s Thirty-Fourth Omnibus Objection to Certain (A) Modified Claims and (B) No Liability Claims (Docket No. 3222); and the 1 Due to the large number of debtors in these chapter 11 cases, for which joint administration has been requested, a complete list of the debtors and the last four digits of their tax identification, registration, or like numbers is not provided herein. A complete list of such information may be obtained on the website of the Debtors’ proposed claims and noticing agent in these chapter 11 cases at www.donlinrecano.com/westmoreland. Westmoreland Coal Company’s service address for the purposes of these chapter 11 cases is 9540 South Maroon Circle, Suite 300, Englewood, Colorado 80112.
Page 2d) Order Approving Omnibus Claims Objection Procedures and Filing of Substantive Omnibus Claims Objections (Docket No. 1546), to be served via US First Class Mail upon the parties as set forth on Exhibit 2, attached hereto. 4. On the 9th day of February, 2021, DRC, under my supervision caused a true and accurate copy of the Notice of the WLB Liquidating Trust’s Thirty-Fourth Omnibus Objection to Certain (A) Modified Claims and (B) No Liability Claims (Docket No. 3222), to be served via electronic mail upon the parties as set forth on Exhibit 3, and via US First Class Mail upon the parties as set forth on Exhibit 4, attached hereto. I declare under penalty of perjury that the foregoing is true and correct to the best of my personal knowledge. Executed this 26th day of February, 2021, Brooklyn, New York. By ________________________ Calvin E. Dickson Sworn before me this 26th day of February, 2021 _____________________ Notary Public
Page 3EXHIBIT 1
Page 4IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 WESTMORELAND COAL COMPANY, et al.,1 Case No.: 18-35672 (DRJ) Debtors. (Jointly Administered) NOTICE OF THE WLB LIQUIDATING TRUST’S THIRTY-FOURTH OMNIBUS OBJECTION TO CERTAIN (A) MODIFIED CLAIMS AND (B) NO LIABILITY CLAIMS THIS IS AN OBJECTION TO YOUR CLAIM. THE OBJECTING PARTY IS ASKING THE COURT TO DISALLOW OR MODIFY THE CLAIM THAT YOU FILED IN THIS BANKRUPTCY CASE. YOU SHOULD IMMEDIATELY CONTACT THE OBJECTING PARTY TO RESOLVE THE DISPUTE. IF YOU DO NOT REACH AN AGREEMENT, YOU MUST FILE A RESPONSE TO THIS OBJECTION IN ACCORDANCE WITH THE PROCEDURES SET FORTH BELOW AND SEND A COPY OF YOUR RESPONSE TO THE OBJECTING PARTY BY NO LATER THAN 4:00 P.M. (PREVAILING CENTRAL TIME) ON MARCH 11, 2021. YOUR RESPONSE MUST STATE WHY THE OBJECTION IS NOT VALID. IF YOU DO NOT FILE A RESPONSE BY 4:00 P.M. (PREVAILING CENTRAL TIME) ON MARCH 11, 2021, YOUR CLAIM MAY BE DISALLOWED OR MODIFIED WITHOUT A HEARING. A TELEPHONIC HEARING HAS BEEN SET ON THIS MATTER FOR APRIL 14, 2021 AT 3:00 P.M. (PREVAILING CENTRAL TIME). PLEASE NOTE THAT ON MARCH 24, 2020, THROUGH THE ENTRY OF GENERAL ORDER 2020- 10, AND AS EXTENDED AND MODIFIED, THE COURT INVOKED THE PROTOCOL FOR EMERGENCY PUBLIC HEALTH OR SAFETY CONDITIONS. IT IS ANTICIPATED THAT ALL PERSONS WILL APPEAR TELEPHONICALLY AND ALSO MAY APPEAR VIA VIDEO AT THIS HEARING. REPRESENTED PARTIES SHOULD ACT THROUGH THEIR ATTORNEY. AUDIO COMMUNICATION WILL BE USED THROUGH THE COURT’S REGULAR DIAL-IN NUMBER. THE DIAL-IN NUMBER IS +1 (832) 917-1510. YOU WILL BE RESPONSIBLE FOR YOUR OWN LONG-DISTANCE CHARGES. YOU WILL BE ASKED TO KEY IN THE 1 Due to the large number of debtors in these chapter 11 cases, for which joint administration has been granted, a complete list of the debtors and the last four digits of their tax identification, registration, or like numbers is not provided herein. A complete list of such information may be obtained on the website of the claims and noticing agent in these chapter 11 cases at www.donlinrecano.com/westmoreland. Westmoreland Coal Company’s service address for the purposes of these chapter 11 cases is 9540 South Maroon Circle, Suite 300, Englewood, Colorado 80112.
Page 5CONFERENCE ROOM NUMBER. JUDGE JONES’ CONFERENCE ROOM NUMBER IS 205691. PARTIES MAY PARTICIPATE IN ELECTRONIC HEARINGS BY USE OF AN INTERNET CONNECTION. THE INTERNET SITE IS WWW.JOIN.ME. PERSONS CONNECTING BY MOBILE DEVICE WILL NEED TO DOWNLOAD THE FREE JOIN.ME APPLICATION. ONCE CONNECTED TO WWW.JOIN.ME, A PARTICIPANT MUST SELECT “JOIN A MEETING”. THE CODE FOR JOINING THIS HEARING BEFORE JUDGE JONES IS “JUDGEJONES”. THE NEXT SCREEN WILL HAVE A PLACE FOR THE PARTICIPANT’S NAME IN THE LOWER LEFT CORNER. PLEASE COMPLETE THE NAME AND CLICK “NOTIFY”. HEARING APPEARANCES SHOULD BE MADE ELECTRONICALLY AND IN ADVANCE OF THE HEARING. YOU MAY MAKE YOUR ELECTRONIC APPEARANCE BY: 1) GOING TO THE SOUTHERN DISTRICT OF TEXAS WEBSITE; 2) SELECTING “BANKRUPTCY COURT” FROM THE TOP MENU; 3) SELECTING “JUDGES’ PROCEDURES & SCHEDULES”; 4) SELECTING “VIEW HOME PAGE” FOR CHIEF JUDGE DAVID R. JONES; 5) UNDER “ELECTRONIC APPEARANCE” SELECT “CLICK HERE TO SUBMIT ELECTRONIC APPEARANCE”; 6) SELECT WESTMORELAND COAL COMPANY, ET AL. FROM THE LIST OF ELECTRONIC APPEARANCE LINKS; AND 7) COMPLETE THE REQUIRED FIELDS AND HIT THE “SUBMIT” BUTTON AT THE BOTTOM OF THE PAGE. SUBMITTING YOUR APPEARANCE ELECTRONICALLY IN ADVANCE OF THE HEARING WILL NEGATE THE NEED TO MAKE AN APPEARANCE ON THE RECORD AT THE HEARING. Important Information Regarding the Objection Grounds for the Objection. By the Objection, the Claims Administrator of the WLB Liquidating Trust is seeking to: (a) modify and adjust the claims identified under the “Asserted” column on Exhibit A to the Order (collectively, the “Modified Claims”) because each such Modified Claim should be modified and adjusted to reflect the true liability to each claimant; and (b) disallow and expunge the claims identified on Exhibit B to the Order (collectively, the “No Liability Contract Claims”) in their entirety because each such No Liability Contract Claim is not reflected as a current liability in the Debtors’ books and records and the Debtors are not liable for such No Liability Contract Claims.
Page 6The claim(s) subject to the Objection are found on the exhibits attached to the proposed order sustaining the Objection, copy of which has been provided with this notice. Please review the exhibits carefully to note the basis for the objection to your claim(s). Objection Procedures. On February 28, 2019, the United States Bankruptcy Court for the Southern District of Texas (the “Court”) entered an order [ECF No. 1546] approving procedures for filing and resolving objections to claims asserted against the Debtors in these Cases (the “Objection Procedures”).2 A copy of the Objection Procedures is included with this notice. Please review the Objection Procedures to ensure your response to the Objection, if any, is timely and correctly filed and served. Resolving the Objection Parties Required to File a Response. If you disagree with the Objection filed with respect to your claim, you must file a response (each, a “Response”) with the Court in accordance with the procedures described below and appear at the Hearing (as defined herein). Response Contents. Each Response must contain the following (at a minimum): (a) a caption with the name of the Court, the name of the Debtors, the case number, and the title of the Objection to which the Response is directed; (b) a concise statement setting forth the reasons why the Court should not grant the Objection with respect to your claim, including the specific factual and legal bases upon which you rely in opposing the Objection; (c) copies of documentation or other evidence of your claim not previously filed with proof of such claim on which your Response is based (excluding confidential, proprietary, or other protected information, copies of which must be provided to the counsel to the Debtors, Committee, the WLB Ad Hoc Group, the MLP Required Lenders, Claims Administrator, the Conflicts Committee, and the U.S. Trustee subject to appropriate confidentiality constraints, if any); (d) a declaration or other statement of a person with personal knowledge of the relevant facts that support the Response; and (e) the following contact information for the responding party: (i) the name, address, telephone number, and email address of the responding claimant or the name, address, telephone number, and email address of the claimant’s attorney or designated representative to whom the Claims Administrator and her counsel should serve a reply to the Response, if any; or 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Objection Procedures.
Page 7(ii) the name, address, telephone number, and email address of the party with authority to reconcile, settle, or resolve the Objection on your behalf. Notice and Service. Your Response must be filed with the Court and served so as to be actually received by 4:00 p.m. (prevailing Central Time) on March 11, 2021 (the “Response Deadline”) by the following parties (the “Notice Parties”):
|Counsel to the WLB Ad Hoc Group||Counsel to the Official Committee of
|Kramer Levin Naftalis & Frankel LLP
1177 Avenue of the Americas
New York, New York 10036
Attn.: Thomas Moers Mayer
Stephen D. Zide
|Morrison & Foerster LLP
250 West 55th Street
New York, New York 10019
Telephone: (212) 468-8000
Facsimile: (212) 468-7900
Attn: Lorenzo Marinuzzi, Esq.
Todd M. Goren, Esq.
Jennifer L. Marines, Esq.
|Counsel to the MLP Secured Lenders/MLP
Ad Hoc Group
|Schulte Roth & Zabel LLP
919 Third Avenue
New York, New York 10022
Attn.: David M. Hillman
Kristine G. Manoukian
|Office of the United States Trustee
for the Southern District of Texas
515 Rusk Street, Suite 3516
Houston, Texas 77002
Attn.: Stephen Statham
|Claims Administrator||Counsel to the Claims Administrator|
1299 Pennsylvania Avenue, NW
Washington, DC 20004
Telephone: (202) 842-7800
Direct: (202) 728-7094
1299 Pennsylvania Avenue, NW
Washington, DC 20004
Telephone: (202) 842-7800
Direct: (202) 728-7094
|Counsel to the Debtors||Counsel to the Conflicts Committee of the
Board of Directors of Westmoreland Resources
|Kirkland & Ellis LLP
601 Lexington Avenue
New York, New York 10022
Attn.: Stephen E. Hessler, P.C.
901 Lakeside Avenue
Cleveland, Ohio 44114
Attn.: Heather Lennox (email@example.com)
Kirkland & Ellis LLP
300 North LaSalle
Chicago, Illinois 60654
Attn.: Gregory F. Pesce
Christopher S. Koenig
|Oliver Zeltner (firstname.lastname@example.org)|