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Full title: Motion to Extend Time / Joint Motion of the Reorganized Debtor and the Litigation Trust for Entry of an Order Extending Deadline to Object to Claims filed by Abid Qureshi on behalf of Litigation Trustee. (Qureshi, Abid)

Document posted on Nov 16, 2021 in the bankruptcy, 9 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

On the Effective Date, the Litigation Trust was created pursuant to the Plan and the Litigation Trust Agreement, dated as of April 3, 2019, by and among Aegean, the other Debtors and the Non-Debtor Subsidiaries, as settlers, and the Litigation Trustee.2 Pursuant to Article VIII.B.2 of the Plan, the Litigation Trustee has the sole authority to file, withdraw or litigate to judgment objections to Disputed Aegean Unsecured Claims in Class 4A, Disputed Section 510(b)By this Motion, the Reorganized Debtor and the Litigation Trust request that the Court extend the Claims Objection Deadline for an additional one hundred and eighty (180) days, from November 18, 2021 through and including May 17, 2022, without prejudice to the rights of the Reorganized Debtor or the Litigation Trust to request further extensions.3 BASIS FOR RELIEF 17. Upon the joint motion (the “Motion”) of Aegean Marine Petroleum S.A., the reorganized debtor in these chapter 11 cases (the “Reorganized Debtor”), and the Litigation Trust,2 seeking entry of an order (this “Order”), pursuant to Bankruptcy Code sections 105(a) and 1142(b), Bankruptcy Rule 9006-2 to extend the deadline for objecting to claims (the “Claims Objection Deadline”) for a period of one hundred and eighty (180) days, from November 18, 2021 through and including May 17, 2022; and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. §§ 157 and 1334; and consideration for the relief requested therein being a core proceeding in accordance with 28 U.S.C. § 157(b)(2); and venue being proper in this District pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that notice of the Motion and opportunity for a hearing thereon were appropriate and no other notice need be provided; and the Court having considered the Motion and having determined the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefore, it is hereby: 1 Pursuant to orders of the Court, the chapter 11 cases of the Reorganized Debtors other than Aegean Marine Petroleum S.A. (Case No. 18-13400 ORDERED, that the Motion is granted in all respects; and it is further ORDERED, that the Claims Objection Deadline be, and hereby is, extended to May 17, 2022, without prejudice to further motions by the Reorganized Debtor or the Litigation Trust seeking further extensions of time to object to the Claims; and it is further ORDERED, that this Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order.

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SILVERMANACAMPORA LLP AKIN GUMP STRAUSS HAUER & FELD LLP 100 Jericho Quadrangle, Suite 300 One Bryant Park Jericho, New York 11753 New York, New York 10036 (516) 479-6300 (212) 872-1000 Ronald J. Friedman, Esq. Philip C. Dublin, Esq. Brian Powers, Esq. Abid Qureshi, Esq. Haley L. Trust, Esq. Kevin Zuzolo, Esq. Counsel to the Reorganized Debtors Edan Lisovicz, Esq. Counsel to the Litigation Trust UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re: Chapter 11 AEGEAN MARINE PETROLEUM NETWORK, INC., et al.1 Case No: 18-13374 (MEW) Reorganized Debtors. Jointly Administered ----------------------------------------------------------------x JOINT MOTION OF THE REORGANIZED DEBTOR AND THE LITIGATION TRUST FOR ENTRY OF AN ORDER EXTENDING DEADLINE TO OBJECT TO CLAIMS Aegean Marine Petroleum S.A., the reorganized debtor in these chapter 11 cases (the “Reorganized Debtor”), and the litigation trust (the “Litigation Trust”) established to facilitate the implementation of the Joint Plan of Reorganization of Aegean Marine Petroleum Network Inc. and Its Debtor Affiliates Pursuant to Chapter 11 of the Bankruptcy Code, dated March 22, 2019 (ECF Doc. No. 503-1) (the “Plan”), by and through their respective counsel, hereby submit this joint motion (the “Motion”) for entry of an order extending the deadline to object to claims for one hundred and eighty (180) days, from November 18, 2021 through and including May 17, 2022, and respectfully set forth and represent as follows. 1 Pursuant to orders of the Court, the chapter 11 cases of the Reorganized Debtors other than Aegean Marine Petroleum S.A. (Case No. 18-13400 (MEW)) have been closed. Aegean Marine Petroleum Network, Inc. (Case No. 18-17334 (MEW)) (“Aegean”) is not a Reorganized Debtor.

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JURISDICTION 1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2). 2. Venue in this Court is proper pursuant to 28 U.S.C. §§ 1408 and 1409. 3. The bases for the relief requested herein are sections 1142 and 105(a) of title 11 of the United States Code (the “Bankruptcy Code”), Rule 9006(b) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and Rule 9006-2 of the Local Bankruptcy Rules for the Southern District of New York (the “Local Bankruptcy Rules”) . BACKGROUND 4. On November 6, 2018 (the “Petition Date”), each of the Debtors filed voluntary petitions for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) with this Court. 5. On December 18, 2018, the Court entered an order (ECF Doc. No. 240) establishing February 21, 2019 as the date by which proof of claims or interests (collectively, the “Claims”) were required to be filed in the Debtors’ cases (the “Bar Date”) and establishing May 6, 2019 as the governmental bar date (the “Governmental Bar Date,” and collectively with the Bar Date, the “Bar Dates”). 6. On March 29, 2019, the Court entered an order confirming the Plan (ECF Doc. No. 503). 7. Pursuant to Article VIII.B.1 of the Plan, the Reorganized Debtors were authorized and given the sole right and the discretion to file objections to Claims and Interests other than Aegean Unsecured Claims in Class 4A, Section 510(b) Claims in Class 7, and Aegean Interests in Class 8.

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8. The Plan became effective on April 3, 2019 (the “Effective Date”). On the Effective Date, the Litigation Trust was created pursuant to the Plan and the Litigation Trust Agreement, dated as of April 3, 2019, by and among Aegean, the other Debtors and the Non-Debtor Subsidiaries, as settlers, and the Litigation Trustee.2 Pursuant to Article VIII.B.2 of the Plan, the Litigation Trustee has the sole authority to file, withdraw or litigate to judgment objections to Disputed Aegean Unsecured Claims in Class 4A, Disputed Section 510(b) Claims in Class 7, and Disputed Aegean Interests in Class 8. 9. Article I.A.24 of the Plan provides for a deadline of one hundred and eighty (180) days from the Effective Date, or September 30, 2019, in which objections to Claims must be filed, unless otherwise extended by the Court (the “Claims Objection Deadline”). 10. On September 6, 2019, the Reorganized Debtors and the Litigation Trust filed a joint motion to extend Claims Objection Deadline from September 30, 2019, through and including January 28, 2020. On September 24, 2019, the Court entered an order extending the Claims Objection Deadline to January 28, 2020 (ECF Doc. No. 607). 11. On January 17, 2020, the Reorganized Debtors and the Litigation Trust filed a second joint motion to extend Claims Objection Deadline from January 28, 2020 through and including May 27, 2020. On February 4, 2020, the Court entered an order extending the Claims Objection Deadline to May 27, 2020 (ECF Doc. No. 679). 12. On May 5, 2020, the Reorganized Debtors and the Litigation Trust filed a third joint motion to extend Claims Objection Deadline from May 27, 2020 through and including November 23, 2020. On May 19, 2020, the Court entered an order extending the Claims Objection Deadline to November 23, 2020 (ECF Doc. No. 695). 2 Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Plan.

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13. On November 18, 2020, the Reorganized Debtor and the Litigation Trust filed a joint motion to extend the Claims Objection Deadline from November 23, 2020 through and including May 22, 2021. On December 1, 2020, the Court entered an order extending the Claims Objection Deadline to May 22, 2021 (ECF Doc. No. 723). 14. On May 20, 2021, the Reorganized Debtor and the Litigation Trust filed a joint motion to extend the Claims Objection Deadline from May 22, 2021 through and including November 18, 2021 (ECF Doc. No. 748). On June 2, 2021, the Court entered an order extending the Claims Objection Deadline to November 18, 2021 (ECF Doc. No. 753). 15. The Plan provides that the Court retains jurisdiction concerning issues involving the Claims and objections to the Claims. RELIEF REQUESTED 16. By this Motion, the Reorganized Debtor and the Litigation Trust request that the Court extend the Claims Objection Deadline for an additional one hundred and eighty (180) days, from November 18, 2021 through and including May 17, 2022, without prejudice to the rights of the Reorganized Debtor or the Litigation Trust to request further extensions.3 BASIS FOR RELIEF 17. As explained below, an extension of the Claims Objection Deadline should be granted because the Reorganized Debtor and the Litigation Trust require additional time to analyze, and possibly object to, the remaining claims filed in the Debtors’ cases. 18. The Plan provides the Court with express authority to extend the Claims Objection Deadline. See Plan Art. I.A.24 and VIII.E. Further, Bankruptcy Rule 9006(b) provides that a bankruptcy court, for cause shown, may extend a time period provided for under 3 Pursuant to Local Bankruptcy Rule 9006-2, because this Motion has been filed prior to the expiration of the Claims Objection Deadline, the Claims Objection Deadline has been extended through and including the date that the Court enters an order resolving this Motion.

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the Bankruptcy Rules or order of the court, except for certain time periods which are not applicable here. Additionally, the requested extension is consistent with the Court’s authority under Bankruptcy Code sections 105 and 1142(b) to issue orders necessary for the consummation and implementation of the Plan. See In re Oversight & Control Comm’n of Avanzit, S.A., 385 B.R. 525, 535 (Bankr. S.D.N.Y. 2008) (“The bankruptcy court retains jurisdiction under 11 U.S.C. § 1142(b) . . . and it has ‘continuing responsibilities to satisfy itself that the [p]lan is being properly implemented.’”) (internal citations omitted); 11 U.S.C. § 105(a) (“The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions [of the Bankruptcy Code].”). 19. The claims register in these cases includes a total of 559 claims filed against all seventy five (75) of the Debtors’ estates. Although the Reorganized Debtors and the Litigation Trust, along with their respective professionals, have been working diligently to analyze and resolve all disputed Claims,4 certain disputed Claims remain outstanding. Accordingly, the Reorganized Debtor, the Litigation Trust, and their respective professionals require additional time to analyze the Claims and the Reorganized Debtors’ books and records and, if possible, resolve any remaining disputed Claims without the need for filing objections. 20. Based on the foregoing, the Reorganized Debtor and the Litigation Trust seek an extension of the Claims Objection Deadline to May 17, 2022, without prejudice to the Reorganized Debtor’s and the Litigation Trust’s rights to seek additional extensions for cause shown. The Reorganized Debtor and the Litigation Trust believe that the relief requested will 4 To date, the Reorganized Debtors have closed seventy three (73) of their seventy four (74) bankruptcy estates and only a few Claims remain for the Reorganized Debtor to analyze and resolve. The Litigation Trust has objected to, reclassified or otherwise resolved approximately 300 Claims and less than ten Claims remain for the Litigation Trust to resolve.

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conserve the resources of the Reorganized Debtor, the Litigation Trust, and the Court by allowing additional time to review, and possibly resolve, the Claims. CONCLUSION WHEREFORE, the Reorganized Debtor and the Litigation Trust respectfully request that this Court enter an order, in substantially the form attached hereto as Exhibit A, extending the Claims Objection Deadline from November 18, 2021 through and including May 17, 2022, and granting such further relief as the Court deems just and proper. Dated: Jericho, New York November 17, 2021 SILVERMANACAMPORA LLP Counsel to the Reorganized Debtor By: /s/ Ronald J. Friedman s Ronald J. Friedman Member of the Firm 100 Jericho Quadrangle, Suite 300 Jericho, New York 11753 (516) 479-6300 RFriedman@sallp.com Dated: New York, New York November 17, 2021 AKIN GUMP STRAUSS HAUER & FELD LLP Counsel to the Litigation Trust By: /s/ Abid Qureshi s Philip C. Dublin Abid Qureshi Kevin Zuzolo Edan Lisovicz One Bryant Park New York, New York 10036 (212) 872-1000 pdublin@akingump.com aqureshi@akingump.com kzuzolo@akingump.com elisovicz@akingump.com

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EXHIBIT A Proposed Order

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------x In re: Chapter 11 AEGEAN MARINE PETROLEUM NETWORK INC., et al.1 Case No: 18-13374 (MEW) Reorganized Debtors. Jointly Administered -----------------------------------------------------------------------x ORDER EXTENDING DEADLINE TO OBJECT TO CLAIMS Upon the joint motion (the “Motion”) of Aegean Marine Petroleum S.A., the reorganized debtor in these chapter 11 cases (the “Reorganized Debtor”), and the Litigation Trust,2 seeking entry of an order (this “Order”), pursuant to Bankruptcy Code sections 105(a) and 1142(b), Bankruptcy Rule 9006(b), and Local Bankruptcy Rule 9006-2 to extend the deadline for objecting to claims (the “Claims Objection Deadline”) for a period of one hundred and eighty (180) days, from November 18, 2021 through and including May 17, 2022; and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. §§ 157 and 1334; and consideration for the relief requested therein being a core proceeding in accordance with 28 U.S.C. § 157(b)(2); and venue being proper in this District pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that notice of the Motion and opportunity for a hearing thereon were appropriate and no other notice need be provided; and the Court having considered the Motion and having determined the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefore, it is hereby: 1 Pursuant to orders of the Court, the chapter 11 cases of the Reorganized Debtors other than Aegean Marine Petroleum S.A. (Case No. 18-13400 (MEW)) have been closed. Aegean Marine Petroleum Network Inc. (Case No. 18-17334 (MEW)) (“Aegean”) is not a Reorganized Debtor. 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Motion.

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ORDERED, that the Motion is granted in all respects; and it is further ORDERED, that the Claims Objection Deadline be, and hereby is, extended to May 17, 2022, without prejudice to further motions by the Reorganized Debtor or the Litigation Trust seeking further extensions of time to object to the Claims; and it is further ORDERED, that this Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order. Dated: New York, New York _____________, 2021 HONORABLE MICHAEL E. WILES UNITED STATES BANKRUPTCY JUDGE 2

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