HTML Document View

Full title: First Omnibus Objection to Claims Filed by Terry S. Park. Hearing scheduled for 10/27/2021 at 11:30 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #4, Wilmington, Delaware. Objections due by 10/20/2021. (Attachments: # (1) Notice # (2) Proposed Form of Order # (3) Declaration) (Cousins, Scott)

Document posted on Oct 5, 2021 in the bankruptcy, 13 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

TO SECTION 502 OF THE BANKRUPTCY CODE, BANKRUPTCY RULE 3007, AND LOCAL RULE 3007-1 Terry S. Park, in his capacity as the Liquidation Trustee (the “Liquidation Trustee”) of the MEA RemainCo Holdings, LLC (f/k/a Energy Alloys Holdings, LLC) Liquidation Trust (the “Liquidation Trust”), by and through his undersigned counsel, hereby submits this omnibus objection (the “First Omnibus Objection”), pursuant to section 502 of title 11 of the United States Code, 11 U.S.C. §§ 101–1532, as amended (the “Bankruptcy Code”), Rule 3007 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Rule 3007-1 of the Local Rules 1 The Debtors, together with the last four digits of each Debtor’s federal tax identification number, are MEA RemainCo Holdings, LLC (f/k/a Energy Alloys Holdings, LLC) (4144); MEA RemainCo, L.L.C. (f/k/a Energy Alloys, L.L.C.) (0377); MEA RemainCo Louisiana, LLC (f/k/a/ Energy Alloys Louisiana, LLC) (0623); MEA RemainCo Canada Holding, L.L.C. (f/k/a Energy Alloys Canada Holding, L.L.C.) (0382); MEA RemainCo Services, L.L.C. (f/k/a Energy Alloys Services, L.L.C.) (4284); MEA RemainCo Cayman Holding, L.L.C. (f/k/a Energy Alloys Cayman Holding, L.L.C.) (3484); MEA RemainCo Mexico Holding Co. – Majority, LLC (f/k/a Energy Alloys Mexico Holding Co. – Majority, LLC) (9165); MEA RemainCo Mexico Holding Co. – Minority, LLC (f/k/a Energy Alloys Mexico Holding Co. – Minority, LLC) (N/A). entities other than governmental units to file proofs of prepetition claims, including administrative expense claims arising pursuant to section 503(b)(9) of the Bankruptcy Code (the “General Bar Date”); (ii) March 8, 2021 at 5:00 p.m. (prevailing Eastern Time) as the last date for governmental units to file proofs of claim (the “Government Bar Date”); and (iii) regarding rejection damages, the later of the General Bar Date and thirty days after a claimant is served with notice of an Order of the Bankruptcy Court authorizing the Debtors’ rejection of the applicable Executory Contract (the “Rejection Damages Bar Date” and, together with the General Bar Date and the Government Bar Date, the “Bar Dates”).To avoid possible improper recovery by claimants, the Liquidation Trustee is filing this First Omnibus Objection to the Disputed Claims and reserves all rights to file additional objections to other claims the Liquidation Trustee determines to be invalid, in whole or in part. Any Claimant that is required to file a Proof of Claim in the Chapter 11 Cases pursuant to the Bankruptcy Code, the Bankruptcy Rules, or the Bar Date Order with respect to a particular claim against the Debtors, but that fails to do so properly by the applicable Bar Date may not be treated as a creditor with respect to such claim for the purposes of voting and distribution with respect to any chapter 11 plan that may be filed in these Chapter 11 Cases.Every Response must contain, at a minimum, the following information: (a) a caption setting forth the name of the Court,

List of Tables

Document Contents

IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE ) Chapter 11 In re: ) ) Case No. 20-12088 (MFW) ) MEA RemainCo Holdings, LLC, et al., ) (Jointly Administered) ) Debtors.1 ) Hearing Date: Oct. 27, 2021 at 11:30 a.m. (ET) ) Obj. Deadline: Oct. 20, 2021 at 4:00 p.m. (ET) ) THIS FIRST OMNIBUS OBJECTION SEEKS TO MODIFY AND/OR DISALLOW AND EXPUNGE CERTAIN CLAIMS. CLAIMANTS RECEIVING THIS OBJECTION SHOULD CAREFULLY REVIEW SCHEDULE 1 AND SCHEDULE 2 TO THE PROPOSED ORDER TO DETERMINE IF THEIR CLAIM IS SUBJECT TO THIS OBJECTION AND, IF APPLICABLE, FILE A RESPONSE BY THE RESPONSE DEADLINE FOLLOWING THE INSTRUCTIONS SET FORTH HEREIN. FIRST OMNIBUS OBJECTION (NON-SUBSTANTIVE) OF THE LIQUIDATION TRUSTEE TO CERTAIN (I) LATE FILED CLAIMS AND (II) INSUFFICIENT DOCUMENTATION CLAIMS PURSUANT TO SECTION 502 OF THE BANKRUPTCY CODE, BANKRUPTCY RULE 3007, AND LOCAL RULE 3007-1 Terry S. Park, in his capacity as the Liquidation Trustee (the “Liquidation Trustee”) of the MEA RemainCo Holdings, LLC (f/k/a Energy Alloys Holdings, LLC) Liquidation Trust (the “Liquidation Trust”), by and through his undersigned counsel, hereby submits this omnibus objection (the “First Omnibus Objection”), pursuant to section 502 of title 11 of the United States Code, 11 U.S.C. §§ 101–1532, as amended (the “Bankruptcy Code”), Rule 3007 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Rule 3007-1 of the Local Rules 1 The Debtors, together with the last four digits of each Debtor’s federal tax identification number, are MEA RemainCo Holdings, LLC (f/k/a Energy Alloys Holdings, LLC) (4144); MEA RemainCo, L.L.C. (f/k/a Energy Alloys, L.L.C.) (0377); MEA RemainCo Louisiana, LLC (f/k/a/ Energy Alloys Louisiana, LLC) (0623); MEA RemainCo Canada Holding, L.L.C. (f/k/a Energy Alloys Canada Holding, L.L.C.) (0382); MEA RemainCo Services, L.L.C. (f/k/a Energy Alloys Services, L.L.C.) (4284); MEA RemainCo Cayman Holding, L.L.C. (f/k/a Energy Alloys Cayman Holding, L.L.C.) (3484); MEA RemainCo Mexico Holding Co. – Majority, LLC (f/k/a Energy Alloys Mexico Holding Co. – Majority, LLC) (9165); MEA RemainCo Mexico Holding Co. – Minority, LLC (f/k/a Energy Alloys Mexico Holding Co. – Minority, LLC) (N/A). The mailing address for the Debtors is 9450 Pinecroft Drive, P.O. Box 8819, The Woodlands, TX 77380.

1

of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), to each of the claims (collectively, the “Disputed Claims”) identified on Schedule 1 and Schedule 2 to the proposed form of order (the “Proposed Order”) attached hereto as Exhibit A, and requests the entry of an order disallowing and expunging each Disputed Claim as indicated in further detail below and in the schedules attached to the Proposed Order. In support of this First Omnibus Objection, the Liquidation Trustee relies upon the Declaration of Michele Michaelis in Support of the First Omnibus Objection (Non-Substantive) of the Liquidation Trustee to Certain (I) Late Filed Claims and (II) Insufficient Documentation Claims Pursuant to Section 502 of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rule 3007-1 (the “Michaelis Declaration”) attached hereto as Exhibit B. In further support of this First Omnibus Objection, the Liquidation Trustee respectfully states as follows: JURISDICTION AND VENUE 1. The United States Bankruptcy Court for the District of Delaware (the “Court”) has jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated February 29, 2012. In accordance with Local Rule 9013(f), the Liquidation Trustee confirms his consent to the entry of a final order by the Court in connection with this First Omnibus Objection to the extent that it is later determined that the Court, absent consent of the parties, cannot enter final orders of judgments in connection herewith consistent with Article III of the United States Constitution. 2. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b). Venue in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409. 3. The statutory and legal predicates for the relief requested herein are section 502 of the Bankruptcy Code, Bankruptcy Rule 3007 and Local Rule 3007-1.

2

BACKGROUND A. The Chapter 11 Cases 4. On September 9, 2020 (the “Petition Date”), the Debtors commenced these chapter 11 cases (these “Cases”) by filing voluntary petitions for relief under chapter 11 of the Bankruptcy Code in this Court. From and after the Petition Date, through the Effective Date (as defined below) of the Plan (as defined below), each Debtor possessed its assets as a debtor in possession pursuant to sections 1107 and 1108 of the Bankruptcy Code. 5. On May 18, 2021, the Debtors filed with the Court the Debtors’ Combined Disclosure Statement and Joint Chapter 11 Plan of Liquidation (as confirmed and with all exhibits thereto, the “Plan”) [Docket No. 429]. 6. On June 28, 2021, the Court entered the Order (I) Approving the Debtors’ Combined Disclosure Statement and Joint Chapter 11 Plan of Liquidation on a Final Basis and (II) Confirming the Debtors’ Combined Disclosure Statement and Joint Chapter 11 Plan of Liquidation (the “Confirmation Order”) [Docket No. 508]2 confirming the Plan. The Plan became effective on July 8, 2021 (the “Effective Date”). 7. Additional factual background regarding the Debtors, including their business operations, their corporate and capital structure, and the events leading up to the filing of these Cases, is set forth in greater detail in the Declaration of Bryan Gaston in Support of Debtors’ Chapter 11 Petitions and First Day Motions [Docket No. 11]. 8. The Confirmation Order and Article XI of the Plan provide for substantive consolidation of the Debtors’ estates into a single consolidated estate for, inter alia, distributions 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them by the Plan or the Confirmation Order, as applicable.

3

to the Holders of Allowed Claims under the Plan. As a result of substantive consolidation, as of the Effective Date, among other things: (i) all assets and liabilities of the Debtors were merged; (ii) all guarantees or responsibility of one Debtor of the obligations of any other Debtor were eliminated; (iii) all claims filed against any Debtor are deemed a single obligation of the Debtors; and (iv) intercompany claims between Debtors were extinguished. 9. The Plan and the Confirmation Order also provide for the establishment of the Liquidation Trust on the Effective Date.3 Further, the Plan and the Confirmation Order provide for the appointment of Terry S. Park as the Liquidation Trustee whose duties shall commence as of the Effective Date.4 Under the Plan, the Liquidation Trustee is authorized to object to Claims made against the Debtors.5 B. The Bar Dates 10. On September 10, 2020, the Court entered an order [Docket No. 28] appointing Epiq Corporate Restructuring, LLC (“Epiq”) as the claims and noticing agent in these Cases. Epiq is authorized to maintain all proofs of claim filed against the Debtors and an official claims register (the “Claims Register”) by docketing all proofs of claim in a claims database. 11. On December 28, 2020, the Court entered the Order (I) Establishing Bar Dates and Related Procedures for Filing (A) Proofs of Claim (Including for Administrative Expense Claims Arising Under Section 503(b)(9) of the Bankruptcy Code) and (B) Administrative Expense Requests and (II) Approving the Form and Manner of Notice Thereof (the “Bar Date Order”) [Docket No. 276] establishing: (i) the first business day that is 30 days after the date of service, which was February 1, 2021 at 5:00 p.m. (prevailing Eastern Time), as the last date for persons or 3 Plan § IX.B.; Confirmation Order ¶ 12. 4 Plan § IX.A.; Confirmation Order ¶ 12. 5 Plan § IX.H.1.

4

entities other than governmental units to file proofs of prepetition claims, including administrative expense claims arising pursuant to section 503(b)(9) of the Bankruptcy Code (the “General Bar Date”); (ii) March 8, 2021 at 5:00 p.m. (prevailing Eastern Time) as the last date for governmental units to file proofs of claim (the “Government Bar Date”); and (iii) regarding rejection damages, the later of the General Bar Date and thirty days after a claimant is served with notice of an Order of the Bankruptcy Court authorizing the Debtors’ rejection of the applicable Executory Contract (the “Rejection Damages Bar Date” and, together with the General Bar Date and the Government Bar Date, the “Bar Dates”). 12. Notice of the Bar Dates [Docket No. 277] was mailed to all known creditors and equity holders on December 31, 2020 [Docket No. 295] and published in the national edition of the New York Times on January 1, 2021 [Docket No. 304]. C. The Claims Resolution Process 13. In the ordinary course of business, the Debtors maintained books and records (the “Books and Records”) that reflect, inter alia, the Debtors’ liabilities and the amounts owed to their creditors. Section IX.H.2 of the Plan provides for the Liquidation Trustee’s access to and/or possession of the Books and Records. 14. The Debtors Claims Register prepared by Epiq reflects that as of the date of this First Omnibus Objection, 160 proofs of claim have been filed in these Cases. 15. The Liquidation Trustee and his advisors have been reviewing and reconciling the filed proofs of claim with the Books and Records to determine the validity of the asserted claims. This reconciliation process includes identifying particular categories of claims that may be targeted for disallowance and expungement. To avoid possible improper recovery by claimants, the Liquidation Trustee is filing this First Omnibus Objection to the Disputed Claims and reserves all

5

rights to file additional objections to other claims the Liquidation Trustee determines to be invalid, in whole or in part. RELIEF REQUESTED 16. By this First Omnibus Objection, and for the reasons described more fully below, the Liquidation Trustee objects to the claims set forth on Schedule 1 and Schedule 2 to the Proposed Order pursuant to section 502 of the Bankruptcy Code, Bankruptcy Rule 3007, Local Rule 3007-1, and the order establishing the Bar Dates, as applicable. Accordingly, the Liquidation Trustee respectfully requests entry of the Proposed Order substantially in the form attached hereto as Exhibit A. OBJECTION 17. 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). Once an objection to a claim is filed, the Court, after notice and a hearing, shall determine the allowed amount of the claim. See 11 U.S.C. § 502(b). 18. Section 502(b)(1) of the Bankruptcy Code provides, in part, that a claim may not be allowed to the extent that it “is unenforceable against the debtor and property of the debtor, under any agreement or applicable law.” 11 U.S.C. § 502(b). 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 167, 173-74 (3d Cir. 1992). The burden of persuasion with respect to the claim is always on the claimant. See id. The 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.

6

2004) (discussing the evidentiary requirements and burden of proof with respect to the allowance of claims). A. Late Filed Claims 19. During the review of the proofs of claim conducted by the Liquidation Trustee, the Liquidation Trustee determined that certain proofs of claim, identified on Schedule 1 to the Proposed Order, were filed after the applicable Bar Date (the “Late Filed Claims”). The Bar Date Order established clear and unambiguous deadlines for filing proofs of claims against the Debtors in these Cases. The General Bar Date required proofs of claim to be filed so as to be received by Epiq on or before February 1, 2021 at 5:00 p.m. (prevailing Eastern time). In addition, the Government Bar Date required proofs of claims for governmental agencies be filed so as to be received by Epiq on or before March 8, 2021 at 5:00 p.m. (prevailing Eastern time). Exhibit 1 to the Bar Date Order, which Epiq served on all persons and entities listed on the Debtors’ respective matrices of creditors, provided: CONSEQUENCES OF FAILURE TO FILE PROOF OF CLAIM OR ADMINISTRATIVE EXPENSE REQUEST BY THE BAR DATE. Any Claimant that is required to file a Proof of Claim in the Chapter 11 Cases pursuant to the Bankruptcy Code, the Bankruptcy Rules, or the Bar Date Order with respect to a particular claim against the Debtors, but that fails to do so properly by the applicable Bar Date may not be treated as a creditor with respect to such claim for the purposes of voting and distribution with respect to any chapter 11 plan that may be filed in these Chapter 11 Cases. See Bar Date Order, Ex. 1. 20. Pursuant to section 502(b)(9) of the Bankruptcy Code, a claim shall not be allowed “to the extent that . . . proof of such claim is not timely filed[.]” 11 U.S.C. § 502(b)(9); see also First Fidelity Bank, N.A. v. Hooker Inves. Inc. (In re Hooker Inves. Inc.), 937 F.2d 833, 840 (2d Cir. 1991) (enforcing the bar date and stating, inter alia, that “a bar date order does not function

7

merely as a procedural gauntlet”); In re Keene Corp., 188 B.R. 903, 907 (Bankr. S.D.N.Y. 1995) (stating that the “[b]ar date is akin to a statute of limitations, and must be strictly observed”). 21. The Late Filed Claims set forth on Schedule 1 were required to be filed by the General Bar Date or as applicable, the Government Bar Date. However, none of these proofs of claim were filed before the applicable Bar Date. If the Late Filed Claims are not disallowed and expunged, the parties that filed the Late Filed Claims will receive distributions to the detriment of other creditors in these Cases. Accordingly, the Liquidation Trustee requests that each of the Late Filed Claims be disallowed and expunged in its entirety. B. Insufficient Documentation Claim 22. Based upon a careful review and analysis, the Liquidation Trustee has identified a claim that fails to include supporting documentation for the existence and/or amount of the underlying liability, which is identified on Schedule 2 (the “Insufficient Documentation Claim”). Thus, the Insufficient Documentation Claim fails to comply with Bankruptcy Rule 3001(c) and is not prima facie valid. Only a proof of claim filed in accordance with Bankruptcy Rule 3001 constitutes prima facie evidence of its validity and amount. 23. Even if the Insufficient Documentation Claim is entitled to presumption of validity, the attached Michaelis Declaration explains that the Liquidation Trustee has made reasonable efforts to research the Insufficient Documentation Claim on the Books and Records and believes that the claim does not provide prima facie evidence of the existence, validity and amount of such claim. 24. The Insufficient Documentation Claim is also not entitled to administrative or priority status. See In re New Century TRS Holdings, Inc., 446 B.R. 656, 661 (Bankr. D. Del. 2011) (“Claimants who seek to have their claims paid ahead of general unsecured creditors bear

8

the burden of establishing their claim qualifies for priority status”); In re Plastech Engineered Prods., Inc., 2008 WL 5233014, at *2 (Bankr. E.D. Mich. 2008) (party asserting allowance of an administrative expense bears the burden of proving its claim is within Bankruptcy Code section 503); In re DBSI, Inc., 407 B.R. 159, 165 (Bankr. D. Del. 2009) (“If the movant fails to meet its burden of proof, the expense is a general unsecured claim.”). 25. The Liquidation Trustee anticipates that the claimant may provide additional documentation with respect to the Insufficient Documentation Claim. The Liquidation Trustee reserves all rights to contest that such additional documentation should not be permitted, and the claim should be disallowed as the claimant failed to meet its burden in a timely manner. However, to the extent that any of the additional documentation is provided and the claim is held to constitute a timely filed claim that is prima facie valid, the Liquidation Trustee reserve all rights to further object to the claim. RESPONSES TO THIS OBJECTION 26. To contest the First Omnibus Objection, a claimant must file and serve a written response (the “Response”) with the United States Bankruptcy Court for the District of Delaware, 824 North Market Street, 3rd Floor, Wilmington, Delaware 19801. In addition, such claimant must serve its Response upon the following entity, so that the Response is received no later than October 20, 2021 at 4:00 p.m. (ET) (the “Response Deadline”): Cousins Law LLC, Brandywine Plaza West, 1521 Concord Pike, Suite 301, Wilmington, Delaware 19803, Attn: Scott D. Cousins (scott.cousins@cousins-law.com). 27. Every Response must contain, at a minimum, the following information: (a) a caption setting forth the name of the Court, the above-referenced case number, and the title of the Objection to which the Response is directed;

9

(b) the name of the Respondent and a description of the basis for the amount and classification asserted in the Disputed Claim (as defined in the First Omnibus Objection), if applicable; (c) a concise statement setting forth the reasons why the Disputed Claim should not be disallowed, reclassified, reduced, or otherwise modified for the reasons set forth in the First Omnibus Objection, including, but not limited to, the specific factual and legal bases upon which the Respondent will rely in opposing the First Omnibus Objection at the Hearing (as defined below); (d) all documentation or other evidence of the Disputed Claim, to the extent not included with the proof of claim, upon which the Respondent will rely in opposing the First Omnibus Objection at the Hearing; (e) the name, address, telephone number, and fax number of the person(s) (who may be the claimant or a legal representative thereof) possessing ultimate authority to reconcile, settle, or otherwise resolve the Disputed Claim on behalf of the Respondent; and (f) the name, address, telephone number, and fax number of the person(s) (who may be the claimant or a legal representative thereof) to whom the Liquidation Trustee should serve any reply to the Response. 28. If a Response is properly and timely filed and served in accordance with the above procedures, the Liquidation Trustee will endeavor to reach a consensual resolution with the claimant. If no consensual resolution is reached, the Court will conduct a hearing (the “Hearing”) with respect to the First Omnibus Objection and such Response on October 27, 2021 at 11:30 a.m. (ET), 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 the Hearing. 29. The Liquidation Trustee reserves the right to seek an adjournment of the Hearing on any Response to this First Omnibus Objection, which adjournment will be noted on the notice of agenda for the Hearing. The agenda will be served on the person designated by the claimant in its Response.

10

30. If claimant fails to timely file a Response by the Response Deadline, the Liquidation Trustee may present to the Court an appropriate order disallowing and expunging or otherwise modifying the Disputed Claims without further notice to the claimant or a hearing. 31. To the extent a Response is filed regarding any individual claim listed in this First Omnibus Objection and the Liquidation Trustee is unable to resolve the Response, each 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 First Omnibus Objection shall be deemed a separate order with respect to each claim subject thereto. REPLIES TO RESPONSES 32. In accordance with Local Rule 9006-1(d), the Liquidation Trustee may, at his option, file and serve a reply to a Response no later than 4:00 p.m. (prevailing Eastern Time) one day prior to the deadline for filing the agenda for any hearing to consider the First Omnibus Objection. RESERVATION OF RIGHTS 33. The Liquidation Trustee expressly reserves the right to amend, modify, or supplement this First Omnibus Objection, and to file additional objections to any claims filed in these Cases including, without limitation, the Disputed Claims that are the subject of this First Omnibus Objection. Should one or more of the grounds for this First Omnibus Objection be dismissed or overruled, the Liquidation Trustee reserves the right to object further to the claims on any non-substantive and/or substantive grounds in the future in accordance with Local Rule 3007- 1. 34. Nothing in this First Omnibus Objection shall be deemed: (a) an admission as to the amount of, basis for, or validity of any claim against the Liquidation Trust under the

11

Bankruptcy Code or other applicable nonbankruptcy law; (b) a waiver of the Liquidation Trustee’s right to dispute any claim; (c) a promise or requirement to pay any particular claim; (d) an implication or admission that any particular claim is of a type specified or defined in this First Omnibus Objection; (e) an admission as to the validity, priority, enforceability, or perfection of any lien on, security interest in, or other encumbrance on property of the Liquidation Trust; or (f) a waiver of any claims or causes of action which may exist against any entity under the Bankruptcy Code or any other applicable law STATEMENT OF COMPLIANCE WITH LOCAL RULE 3007-1 35. The undersigned representative of Cousins Law LLC (“Cousins Law”) has reviewed the requirements of Local Rule 3007-1 and certifies that this First Omnibus Objection substantially complies with such Local Rule. To the extent that the First Omnibus Objection does not comply in all respects with the requirements of Local Rule 3007-1, Cousins Law believes such deviations are not material and respectfully requests that any such requirement be waived. NOTICE 36. Notice of this First Omnibus Objection has been given to: (i) the United States Trustee for the District of Delaware; (ii) the claimants whose Disputed Claims are subject to this First Omnibus Objection; and (iii) any party that has requested notice in these Cases pursuant to Bankruptcy Rule 2002. In light of the nature of the relief requested herein, the Liquidation Trustee respectfully submits that no further notice is required. [Remainder of page left intentionally blank]

12

WHEREFORE, the Liquidation Trustee respectfully requests that the Court enter the Proposed Order, granting the relief requested in the First Omnibus Objection and such other and further relief as may be just and proper. Dated: October 6, 2021 Wilmington, Delaware /s/ Scott D. Jones Scott D. Cousins (No. 3079) Scott D. Jones (No. 6672) COUSINS LAW LLC Brandywine Plaza West 1521 Concord Pike, Suite 301 Wilmington, Delaware 19803 Telephone: (302) 824-7081 Facsimile: (302) 295-0331 Email: scott.cousins@cousins-law.com scott.jones@cousins-law.com Counsel to Terry S. Park, solely in his capacity as the Liquidation Trustee of the MEA RemainCo Holdings, LLC (f/k/a Energy Alloys Holdings, LLC) Liquidation Trust

13