HTML Document View

Full title: Order Sustaining First Omnibus Objection (Non-Substantive) of the Liquidation Trustee to Certain Late Filed Claims Pursuant to Section 502 of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rule 3007-1 (related document(s)[568], [579]) Signed on 10/27/2021. (Attachments: # (1) Schedule 1) (LMC)

Document posted on Oct 26, 2021 in the bankruptcy, 3 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Upon consideration of the first omnibus (non-substantive) objection (the “First Omnibus Objection”)2 of the Liquidation Trustee, by which the Liquidation Trustee requests the entry of an order, 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 of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), disallowing and expunging each of the claims identified on Schedule 1 attached hereto; and upon consideration of all pleadings related to this First Omnibus Objection; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended 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).Standing Order of Reference from the United States District Court for the District of Delaware, dated as of February 29, 2012; and it appearing that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and it appearing that venue of this proceeding is proper in this district pursuant to 28 U.S.C. §§ 1408 and 1409; and that due and adequate notice of the First Omnibus Objection having been given under the circumstances; and this Any stay of this Order pending appeal by any of the claimants subject to this Order shall only apply to the contested matter that involves such claimant and shall not act to stay the applicability or finality of this Order with respect to the other contested matters covered hereby.Nothing in the First Omnibus Objection or this Order, nor any actions or payments made by the Liquidation Trustee pursuant to this Order, shall be construed as: (a) an admission as to the amount of, basis for, or validity of any claim against the Debtors or the Liquidation Trust under the Bankruptcy Code or other applicable nonbankruptcy law; (b) a waiver of the Liquidation Trustee’s or any other party in interest’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 Order; (e)

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 ) Re: Docket No.: 568 ) ORDER SUSTAINING FIRST OMNIBUS OBJECTION (NON-SUBSTANTIVE) OF THE LIQUIDATION TRUSTEE TO CERTAIN LATE FILED CLAIMS PURSUANT TO SECTION 502 OF THE BANKRUPTCY CODE, BANKRUPTCY RULE 3007, AND LOCAL RULE 3007-1 Upon consideration of the first omnibus (non-substantive) objection (the “First Omnibus Objection”)2 of the Liquidation Trustee, by which the Liquidation Trustee requests the entry of an order, 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 of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), disallowing and expunging each of the claims identified on Schedule 1 attached hereto; and upon consideration of all pleadings related to this First Omnibus Objection; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended 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. 2 All capitalized terms used but otherwise not defined herein shall have the meanings set forth in the First Omnibus Objection.

1

Standing Order of Reference from the United States District Court for the District of Delaware, dated as of February 29, 2012; and it appearing that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and it appearing that venue of this proceeding is proper in this district pursuant to 28 U.S.C. §§ 1408 and 1409; and that due and adequate notice of the First Omnibus Objection having been given under the circumstances; and this Court having considered the First Omnibus Objection, the Michaelis Declaration, the claims listed on Schedule 1 hereto, and any responses thereto; and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED ADJUDGED, AND DECREED THAT: 1. The First Omnibus Objection is SUSTAINED as set forth herein. 2. Any Response to the First Omnibus Objection not otherwise withdrawn, resolved, or adjourned is overruled on the merits. 3. The Late Filed Claims identified on Schedule 1 to this Order are hereby disallowed and expunged. 4. Epiq, the claims and noticing agent, shall update the Claims Register to reflect the relief granted in this Order. 5. The Liquidation Trustee’s objection to each claim addressed in Schedule 1 of the First Omnibus Objection constitutes a separate contested matter as contemplated by Bankruptcy Rule 9014. This Order shall be deemed a separate order with respect to each claim. Any stay of this Order pending appeal by any of the claimants subject to this Order shall only apply to the contested matter that involves such claimant and shall not act to stay the applicability or finality of this Order with respect to the other contested matters covered hereby. 6. Nothing in the First Omnibus Objection or this Order, nor any actions or payments made by the Liquidation Trustee pursuant to this Order, shall be construed as: (a) an admission as

2

to the amount of, basis for, or validity of any claim against the Debtors or the Liquidation Trust under the Bankruptcy Code or other applicable nonbankruptcy law; (b) a waiver of the Liquidation Trustee’s or any other party in interest’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 Order; (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. 7. This Order is immediately effective and enforceable. 8. This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order. Dated: October 27th, 2021 MARY F. WALRATH Wilmington, Delaware UNITED STATES BANKRUPTCY JUDGE

3