Case KG Doc 1470 Filed 06/11/18 Page 1 of 12 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

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1 Case KG Doc 1470 Filed 06/11/18 Page 1 of 12 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re MALIBU LIGHTING CORPORATION, et al., 1 Debtors. Chapter 11 Case No.: (KG) (Jointly Administered) Objection Deadline: June 25, 2018 at 4:00 p.m. (ET) Hearing Date: July 24, 2018 at 2:00 p.m. (ET) THE LIQUIDATION TRUSTEE S FIRST OMNIBUS (NON-SUBSTANTIVE) OBJECTION TO CERTAIN (I) AMENDED CLAIMS, (II) INSUFFICIENT DOCUMENTATION AND NO BASIS CLAIMS, AND (III) LATE-FILED CLAIM PARTIES RECEIVING THIS FIRST OMNIBUS CLAIMS OBJECTION SHOULD REVIEW THE OBJECTION TO SEE IF THEIR NAME(S) AND/OR CLAIM(S) ARE LOCATED IN THE OBJECTION AND/OR IN THE EXHIBITS ATTACHED THERETO TO DETERMINE WHETHER THE OBJECTION AFFECTS THEIR RIGHTS OR CLAIMS. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE UNDERSIGNED COUNSEL TO THE LIQUIDATION TRUSTEE The Malibu Creditors Liquidation Trust (the Trust ) and Fred Stevens, in his capacity as liquidation trustee (the Liquidation Trustee ) of the Trust, respectfully request entry of an order, substantially in the form attached hereto as Exhibit 1 (the Proposed Order ) disallowing and expunging the claims set forth on (i) Exhibit A to the Proposed Order because each such claim (the Amended Claims ) amends another claim filed in these Cases (defined herein) that has already been resolved or expunged; (ii) Exhibit B to the Proposed Order because each such claim (the Insufficient Documentation and No Basis Claims ) lacks sufficient information or documentation to establish the 1 The Debtors, together with the last four digits of each Debtor s tax identification number, are: Malibu Lighting Corporation (8205); Outdoor Direct Corporation (9246) f/k/a The Brinkmann Corporation; National Consumer Outdoors Corporation (1153) f/k/a Dallas Manufacturing Company, Inc.; Q-Beam Corporation (1560); Smoke N Pit Corporation (9951); Treasure Sensor Corporation (9938); and Stubbs Collections, Inc. (6615). The location of the Debtors headquarters and service address is 4215 McEwen Road, Dallas, TX Each of the Debtors were dissolved on August 22, 2017 in accordance with Article VI.G of the Debtors and Official Committee of Unsecured Creditors Joint Plan of Liquidation Pursuant to Chapter 11 of the Bankruptcy Code [Docket No ].

2 Case KG Doc 1470 Filed 06/11/18 Page 2 of 12 prima facie validity of the claim and is not supported by or consistent with the Debtors books and records; and (iii) Exhibit C to the Proposed Order because the claim (the Late-Filed Claim ) was filed after the applicable Bar Date. In support of this omnibus claims objection (the Objection ), the Liquidation Trustee has filed the Declaration of Fred Stevens in Support of the Liquidation Trustee s First Omnibus (Non-Substantive) Objection to Certain (I) Amended Claims, (II) Insufficient Documentation and No Basis Claims, and (III) Late-Filed Claim (the Stevens Declaration ), a copy of which is attached hereto as Exhibit 2, and respectfully states as follows: JURISDICTION AND VENUE 1. The Court has jurisdiction over these Cases and this Objection pursuant to 28 U.S.C. 157 and 1334 and paragraph 34 of the Confirmation Order (defined below). Venue is proper in this District pursuant to 28 U.S.C and This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2) The predicates for the relief requested herein are sections 105 and 502 of chapter 11 of title 11 of the United States Code (the Bankruptcy Code ), rule 3007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), and rule of the Local Rules. BACKGROUND General Background 3. On October 8, 2015 (the Petition Date ), each of the above-captioned debtors (the Debtors ) commenced a voluntary case under chapter 11 of the Bankruptcy Code (the Cases ). 4. On November 9, 2015, each of the Debtors filed its respective Schedule of Assets and Liabilities and Statement of Financial Affairs [Docket Nos ] (collectively, the Schedules ). 2 Pursuant to Rule (f) of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the Local Rules ), the Liquidation Trustee consents to the entry of a final judgment or order with respect to the Objection if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution. -4-

3 Case KG Doc 1470 Filed 06/11/18 Page 3 of 12 Additionally, in the ordinary course of business, the Debtors maintained books and records that reflect, among other things, the Debtors aggregate liabilities and the specific amounts owed to each of their creditors (the Books and Records ). 5. On July 28, 2017, this Court entered the Order Confirming the Debtors and the Official Committee of Unsecured Creditors Joint Plan of Liquidation Pursuant to Chapter 11 of the Bankruptcy Code (With Technical Amendments) [Docket No. 1352] (the Confirmation Order ). 6. As set forth in the Plan and the Malibu Creditors Liquidation Trust Agreement (the Trust Agreement ) [Docket No. 1319], the Trust was established for the purpose of, among other things, collecting and administering all of the Debtors assets. 7. On the effective date of the Plan, August 22, 2017 (the Effective Date ), the Debtors filed the Notice of: (I) Entry of Confirmation Order, (II) Occurrence of Effective Date, and (III) Related Bar Dates [Docket No. 1377]. 8. The Plan grants the Liquidation Trust the authority to file claims objections, and to settle, compromise, withdraw or litigate to judgment any objections to claims. See Plan Art. VIII.A. 9. Pursuant to Article VI. B.i of the Plan, as of the Effective Date, the estates of the ODC Debtors (as defined in the Plan) were substantively consolidated for the purposes of confirming and consummating the Plan, including but not limited to voting, confirmation and distributions. As a result of such substantive consolidation: (a) the assets and liabilities of the ODC Debtors are deemed to be the assets and liabilities of a single consolidated entity, (b) any joint and several liability of two or more of the ODC Debtors, and all claims against such entities on account of such joint and several liability, were to be considered a single claim and single liability against the consolidated ODC Debtors, (c) any guarantee by any ODC Debtor of the liabilities of any other ODC Debtor arising prior to the Effective Date was to be deemed eliminated under the Plan so that any claim against any -5-

4 Case KG Doc 1470 Filed 06/11/18 Page 4 of 12 ODC Debtor and any guaranty thereof executed by any other ODC Debtor would be deemed to be one obligation of the consolidated ODC Debtors, and (d) each and every claim listed on the Debtors Schedules and/or filed in the Cases against any Debtor would be considered filed against the consolidated Debtors and be considered one claim against and obligation of the consolidated Debtors on and after the Effective Date. See Plan, Art. VI.B.i. 10. Pursuant to Article VI.B.ii of the Plan, as of the Effective Date, the estates of the NCOC Debtors (as defined in the Plan) were substantively consolidated for the purposes of confirming and consummating the Plan, including but not limited to voting, confirmation and distributions. As a result of such substantive consolidation: (a) the assets and liabilities of the NCOC Debtors are deemed to be the assets and liabilities of a single consolidated entity, (b) any joint and several liability of two or more of the NCOC Debtors, and all claims against such entities on account of such joint and several liability, were to be considered a single claim and single liability against the consolidated NCOC Debtors, (c) any guarantee by any NCOC Debtor of the liabilities of any other NCOC Debtor arising prior to the Effective Date was to be deemed eliminated under the Plan so that any claim against any NCOC Debtor and any guaranty thereof executed by any other NCOC Debtor would be deemed to be one obligation of the consolidated NCOC Debtors, and (d) each and every claim listed on the Debtors Schedules and/or filed in the Cases against any Debtor would be considered filed against the consolidated Debtors and be considered one claim against and obligation of the consolidated Debtors on and after the Effective Date. See Plan, Art. VI.B.ii. The Claims Reconciliation Process 11. On December 4, 2015, the Court entered the Order (1) Fixing Bar Date for the Filing of Proofs of Claim, Including Claims Arising Under Section 503(b)(9) of the Bankruptcy Code, (2) Fixing Bar Date for the Filing of Proofs of Claim by Governmental Units, (3) Designating Form and Manner of Notice Thereof, and (4) Granting Related Relief [Docket No. 294] (the Bar Date Order ). -6-

5 Case KG Doc 1470 Filed 06/11/18 Page 5 of In accordance with the Bar Date Order, Kurtzman Carson Consultants LLC ( KCC ), the Debtors court-appointed claims and noticing agent, mailed the Notice of Bar Date for Filing Proofs of Claim [Docket No. 298] (the Bar Date Notice ) and proof of claim forms to all of the Debtors creditors and other known parties in interest as of the Petition Date. See Docket Nos. 303, 331, and 614. Additionally, notice of the Bar Dates (defined herein) was published in the national edition of USA Today on December 10, See Docket No The Bar Date Order and the Bar Date Notice established February 8, 2016 at 4:00 p.m. (PT) (the Claims Bar Date ) as the deadline for certain creditors other than governmental units to file proofs of claim and requests for payment of administrative expenses arising on or before the Petition Date against any of the Debtors, and April 5, 2016 at 4:00 p.m. (PT) (the Governmental Unit Bar Date, and together with the Claims Bar Date, the Bar Dates ) as the deadline for governmental units as defined by section 101(27) of the Bankruptcy Code to file proofs of claim against any of the Debtors. 14. To date, approximately 312 proofs of claim have been filed in these Cases. The Debtors and their advisors previously filed, and this Court approved, four (4) omnibus claim objections and several stipulations resolving individual claim disputes, including stipulations pertaining to claims subject to this Objection. The Liquidation Trustee and his advisors are continuing to comprehensively review and reconcile certain of the filed claims and comparing them with the Debtors Books and Records and Schedules to determine the validity of such claims. 15. As part of the ongoing review of the filed claims, the Liquidation Trustee and his professionals have reviewed each of the Amended Claims, Insufficient Documentation and No Basis Claims, and the Late-Filed Claim listed on Exhibits A-C, respectively, to the Proposed Order, and have concluded that each such claim is objectionable on the bases set forth below. -7-

6 Case KG Doc 1470 Filed 06/11/18 Page 6 of 12 RELIEF REQUESTED 16. By this Objection, the Liquidation Trustee seeks entry of an order, substantially in the form annexed hereto as Exhibit 1, pursuant to section 502(b) of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rule , disallowing or disallowing and expunging, as applicable, each claim listed on Exhibit A through Exhibit C to the Proposed Order. BASIS FOR RELIEF 17. When asserting a proof of claim against a bankrupt estate, a claimant must allege facts that, if true, would support a finding that the debtor is legally liable to the claimant. In re Allegheny Int l, Inc., 954 F.2d 167, 173 (3d Cir. 1992). To receive the benefit of prima facie validity, however, the proof of claim must set forth facts necessary to support the claim. In re Stoecker, 143 B.R. 879, 883 (N.D. Ill. 1992). Where the claimant alleges sufficient facts to support its claim, the claim is afforded prima facie validity. Allegheny, 954 F.2d at As a result, a party wishing to dispute such a claim must produce evidence sufficient to negate the claim s prima facie validity. Id. The objecting party must produce evidence that would refute at least one of the allegations essential to the claim s legal sufficiency. Id. Once the objecting party produces such evidence, the burden shifts back to the claimant to prove the validity of his or her claim by a preponderance of the evidence. Id. The burden of persuasion is always on the claimant. Id. A. Amended Claims 19. The Amended Claims listed on Exhibit A to the Proposed Order under the column labeled Claim to be Disallowed each amend a claim that was previously resolved or expunged by order of this Court as identified in the column labeled Resolved/Expunged Claim Number (the -8-

7 Case KG Doc 1470 Filed 06/11/18 Page 7 of 12 Resolved/Expunged Claims ). Each of the Resolved/Expunged Claims were the subject of a claims objection filed by the Debtors, and were subsequently expunged or revised by order of this Court The claimants holding Amended Claims will not be prejudiced by having their respective Amended Claims disallowed and expunged, because the Resolved/Expunged Claims have previously been adjudicated. Moreover, should the Amended Claims not be disallowed and expunged, the holders of such claims may receive multiple distributions on account of a single liability, or a distribution on account of no liability, thus prejudicing the Debtors and other creditors. See, e.g. In re Handy Andy Home Improvement Ctrs., Inc., 222 B.R. 571, 575 (Bankr. N.D. Ill. 1998) ( it is axiomatic that one cannot recover for the same debt twice ). Accordingly, the Liquidation Trustee (a) objects to the Amended Claims listed on Exhibit A to the Proposed Order and (b) seeks entry of an order disallowing the Amended Claims in their entirety. 4 B. Insufficient Documentation and No Basis Claims 21. The claimants who filed the Insufficient Documentation and No Basis Claims set forth on Exhibit B to the Proposed Order failed to attach or include sufficient documentation or information to constitute prima facie evidence of the validity and amount of the claim as required by Bankruptcy Rule 3001(f), and therefore the Liquidation Trustee cannot evaluate such claims. 5 The Liquidation Trustee s professionals have reviewed each Insufficient Documentation and No Basis Claim, as well as the Debtors Books and Records, and have found no basis for the claims asserted 3 While Claim No. 306 listed on Exhibit A was filed prior to entry of the order expunging the respective Resolved/Expunged Claim [D.I. 1338], Claim No. 306 was filed after the expiration of the response deadline with respect to the Debtors Fourth Omnibus Objection (Non-Substantive) to Claims Pursuant to Section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and 3007 and Local Rule [D.I. 1259] seeking expungement of the Resolved/Expunged Claim. 4 For the avoidance of doubt, the Liquidation Trustee reserves all rights to object in the future to the Amended Claims listed on Exhibit A to the Proposed Order (to the extent not disallowed or expunged in their entirety under the Proposed Order) on any grounds permitted under applicable law. 5 For the avoidance of doubt, the Liquidation Trustee reserves all rights to object in the future to the Insufficient Documentation and No Basis Claims listed on Exhibit B to the Proposed Order (to the extent not disallowed or expunged in their entirety under the Proposed Order) on any grounds permitted under applicable law. -9-

8 Case KG Doc 1470 Filed 06/11/18 Page 8 of 12 by the claimants who filed the Insufficient Documentation and No Basis Claims. Additionally, upon information and belief, the Debtors general liability insurer has found no records or basis for such claims. 22. For the reasons set forth herein and in the Stevens Declaration, the Insufficient Documentation and No Basis Claims should be disallowed and expunged, as requested herein. If the Insufficient Documentation and No Basis Claims are not disallowed and expunged, the potential exists for the applicable claimants to receive recoveries to which they are not entitled, to the detriment of other stakeholders. Thus, the relief requested herein is necessary to prevent any inappropriate distribution of estate funds and to facilitate the administration of the claims allowance process. Accordingly, the Liquidation Trustee hereby (a) objects to the Insufficient Documentation and No Basis Claims listed on Exhibit B to the Proposed Order, and (b) requests entry of an order disallowing and expunging the Insufficient Documentation and No Basis Claims in their entirety. C. Late-Filed Claim 23. The claim listed on Exhibit C to the Proposed Order, Claim No. 311 filed by the Ohio Department of Taxation on September 20, 2017, was filed after the Governmental Unit Bar Date, which expired on April 5, The Liquidation Trustee has also examined the Late-Filed Claim and determined it is not a specific amendment to a timely-filed claim. Failure to disallow the Late- Filed Claim will result in the claimant receiving an unwarranted recovery to the detriment of the creditors who complied with the Bar Date Order and timely filed proofs of claim in these Cases. Accordingly, the Liquidation Trustee hereby (a) objects to the Late-Filed Claim listed on Exhibit C -10-

9 Case KG Doc 1470 Filed 06/11/18 Page 9 of 12 to the Proposed Order, and (b) requests entry of an order disallowing and expunging the Late-Filed Claim in its entirety. 6 RESPONSES TO THE OBJECTION 24. To contest the Objection with respect to any claim listed on Exhibits A-C, a claimant must file and serve a written response or objection (a Response ) so that it is actually received by no later than June 25, 2018 at 4:00 p.m. (prevailing Eastern Time) (the Response Deadline ). Each Response must be filed with the Office of the Clerk of the United States Bankruptcy Court for the District of Delaware, 824 N. Market Street, Wilmington, Delaware 19801, and served upon the following entities, so that the Response is actually received no later than the Response Deadline, at the following addresses: Malibu Creditors Liquidation Trust Attn: Fred Stevens, Liquidation Trustee 200 West 41 st Street, 17 th Floor New York, New York Bruce S. Nathan, Esq. Eric Chafetz, Esq. Keara Waldron, Esq. LOWENSTEIN SANDLER LLP 1251 Avenue of the Americas New York, New York Victoria A. Guilfoyle, Esq. BLANK ROME LLP 1201 N. Market Street, Suite 800 Wilmington, Delaware Every Response to this Objection must contain at a minimum the following information: (a) a caption setting forth the name of the Bankruptcy Court, the name of the Debtors, the case number, and the title of this Objection; 6 For the avoidance of doubt, the Liquidation Trustee reserves all rights to object in the future to the Late-Filed Claim listed on Exhibit C to the Proposed Order (to the extent not disallowed or expunged in its entirety under the Proposed Order) on any grounds permitted under applicable law. -11-

10 Case KG Doc 1470 Filed 06/11/18 Page 10 of 12 (b) (c) (d) (e) the claimant s name, the claim number, and a description of the basis for the amount of the claim; the specific factual basis and supporting legal argument upon which the claimant will rely in opposing this Objection; any supporting documentation, to the extent it was not included with the claim previously filed with the Court or KCC, upon which the claimant will rely to support the basis for and amounts asserted in the claim; and the name, address, telephone number and address of the person(s) (which may be the claimant or the claimant s legal representative) with whom counsel for the Liquidation Trustee should communicate with respect to the claim or the Response and who possesses authority to reconcile, settle, or otherwise resolve the Response on behalf of the claimant. 25. If a claimant fails to file and serve a timely Response by the Response Deadline, the Liquidation Trustee may seek entry of the Proposed Order disallowing and expunging the subject claim without further notice to the claimant or a hearing. SEPARATE CONTESTED MATTERS 26. To the extent a Response is filed regarding any individual claim listed in this Objection and the Liquidation Trustee is unable to resolve the Response, the Objection shall constitute a separate contested matter with respect to each separate claim as contemplated by Bankruptcy Rule Any order entered by the Court regarding an objection asserted in this Objection shall be deemed a separate order with respect to each claim subject thereto. -12-

11 Case KG Doc 1470 Filed 06/11/18 Page 11 of 12 RESERVATION OF RIGHTS 27. The Liquidation Trustee hereby reserves the right to (i) file subsequent objections to any claims subject hereto on any ground; (ii) amend, modify, or supplement this Objection, including, without limitation, the filing of objections to further amended or newly-filed claims; (iii) seek to expunge or reduce any claim to the extent all or a portion of such claim has been paid; and (iv) settle any claim for less than the asserted amount. For the avoidance of doubt, nothing in this Objection impacts in any way the Liquidation Trustee s pending objection to any claim under section 502(d) of the Bankruptcy Code included in any complaint filed pursuant to chapter 5 of the Bankruptcy Code. Separate notice and a hearing will be provided in connection with any such additional objections. COMPLIANCE WITH LOCAL RULE To the best of the Liquidation Trustee s knowledge and belief, this Objection and Exhibits A-C comply with Local Rule To the extent this Objection does not comply in all respects with the requirements of Local Rule , the undersigned believes such deviations are not material and respectfully requests that any such requirement be waived. NOTICE 29. The Liquidation Trustee will provide notice of this Objection to: (i) the Office of the United States Trustee; (ii) each claimant listed on Exhibits A-C to the proposed order and affected by the relief requested herein; and (iii) all parties who, as of the filing of the Objection, have filed a notice of appearance and request for service of papers pursuant to Bankruptcy Rule In light of the nature of the relief requested herein, the Liquidation Trustee submits that no other or further notice is necessary. -13-

12 Case KG Doc 1470 Filed 06/11/18 Page 12 of 12 WHEREFORE, for the reasons set forth herein, the Liquidation Trustee respectfully requests entry of the Proposed Order, substantially in the form attached hereto as Exhibit 1: (i) disallowing and expunging the Amended Claims, the Insufficient Documentation and No Basis Claims, and the Late-Filed Claim; and (ii) granting such other and further relief as this Court deems just and proper. Date: June 11, 2018 Wilmington, Delaware LOWENSTEIN SANDLER LLP Bruce S. Nathan (admitted pro hac vice) Eric Chafetz (admitted pro hac vice) Keara Waldron (admitted pro hac vice) 1251 Avenue of the Americas New York, New York Telephone: (212) Facsimile: (212) and- BLANK ROME LLP /s/ Victoria Guilfoyle Victoria Guilfoyle (DE No. 5183) 1201 Market Street, Suite 800 Wilmington, Delaware Telephone: (302) Facsimile: (302) Co-Counsel to the Liquidation Trustee and the Malibu Creditors Liquidation Trust -14-

13 Case KG Doc Filed 06/11/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re MALIBU LIGHTING CORPORATION, et al., 1 Debtors. Chapter 11 Case No.: (KG) (Jointly Administered) Objection Deadline: June 25, 2018 at 4:00 p.m. (ET) Hearing Date: July 24, 2018 at 2:00 p.m. (ET) NOTICE OF THE LIQUIDATION TRUSTEE S FIRST OMNIBUS (NON-SUBSTANTIVE) OBJECTION TO CERTAIN (I) AMENDED CLAIMS, (II) INSUFFICIENT DOCUMENTATION AND NO BASIS CLAIMS, AND (III) LATE-FILED CLAIM PARTIES RECEIVING THIS FIRST OMNIBUS CLAIMS OBJECTION SHOULD REVIEW THE OBJECTION TO SEE IF THEIR NAME(S) AND/OR CLAIM(S) ARE LOCATED IN THE OBJECTION AND/OR IN THE EXHIBITS ATTACHED THERETO TO DETERMINE WHETHER THE OBJECTION AFFECTS THEIR RIGHTS OR CLAIMS. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE UNDERSIGNED COUNSEL TO THE LIQUIDATION TRUSTEE. PLEASE TAKE NOTICE that on June 11, 2018, the Malibu Creditors Liquidation Trust (the Trust ) and Fred Stevens, in his capacity as liquidation trustee (the Liquidation Trustee ) of the Trust, filed the Liquidation Trustee s First Omnibus (Non-Substantive) Objection to Certain (I) Amended Claims, (II) Insufficient Documentation and No Basis Claims, and (III) Late-Filed Claim (the Objection ) with the United States Bankruptcy Court for the District of Delaware (the Bankruptcy Court ). PLEASE TAKE FURTHER NOTICE that any responses or objections to the Objection must be in writing, filed with the Clerk of the Bankruptcy Court, 824 North Market Street, 3rd Floor, Wilmington, Delaware 19801, and served upon and received by the undersigned counsel for the Liquidation Trustee on or before June 25, 2018 at 4:00 p.m. (prevailing Eastern Time). 1 The Debtors, together with the last four digits of each Debtor s tax identification number, are: Malibu Lighting Corporation (8205); Outdoor Direct Corporation (9246) f/k/a The Brinkmann Corporation; National Consumer Outdoors Corporation (1153) f/k/a Dallas Manufacturing Company, Inc.; Q-Beam Corporation (1560); Smoke N Pit Corporation (9951); Treasure Sensor Corporation (9938); and Stubbs Collections, Inc. (6615). The location of the Debtors headquarters and service address is 4215 McEwen Road, Dallas, TX Each of the Debtors were dissolved on August 22, 2017 in accordance with Article VI.G of the Debtors and Official Committee of Unsecured Creditors Joint Plan of Liquidation Pursuant to Chapter 11 of the Bankruptcy Code [Docket No ].

14 Case KG Doc Filed 06/11/18 Page 2 of 2 PLEASE TAKE FURTHER NOTICE that a hearing to consider the Objection, if required, will be held before the Honorable Kevin Gross, United States Bankruptcy Judge for the District of Delaware, at the Bankruptcy Court, 824 North Market Street, 6 th Floor, Wilmington, Delaware on July 24, 2018 at 2:00 p.m. (prevailing Eastern Time). PLEASE TAKE FURTHER NOTICE THAT IF NO RESPONSES OR OBJECTIONS TO THE OBJECTION ARE TIMELY FILED, SERVED AND RECEIVED IN ACCORDANCE WITH THIS NOTICE, THE BANKRUPTCY COURT MAY GRANT THE RELIEF REQUESTED IN THE OBJECTION WITHOUT FURTHER NOTICE OR HEARING. Date: June 11, 2018 Wilmington, Delaware LOWENSTEIN SANDLER LLP Bruce S. Nathan (admitted pro hac vice) Eric Chafetz (admitted pro hac vice) Keara Waldron (admitted pro hac vice) 1251 Avenue of the Americas New York, New York Telephone: (212) Facsimile: (212) bnathan@lowenstein.com echafetz@lowenstein.com kwaldron@lowenstein.com -and- BLANK ROME LLP /s/ Victoria Guilfoyle Victoria Guilfoyle (DE No. 5183) 1201 Market Street, Suite 800 Wilmington, Delaware Telephone: (302) Facsimile: (302) guilfoyle@blankrome.com Co-Counsel to the Liquidation Trustee and the Malibu Creditors Liquidation Trust -2-

15 Case KG Doc Filed 06/11/18 Page 1 of 7 Exhibit 1 Proposed Order

16 Case KG Doc Filed 06/11/18 Page 2 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re MALIBU LIGHTING CORPORATION, et al., 1 Debtors. Chapter 11 Case No.: (KG) (Jointly Administered) Related Docket No.: ORDER SUSTAINING THE LIQUIDATION TRUSTEE S FIRST OMNIBUS (NON-SUBSTANTIVE) OBJECTION TO CERTAIN (I) AMENDED CLAIMS, (II) INSUFFICIENT DOCUMENTATION AND NO BASIS CLAIMS, AND (III) LATE-FILED CLAIM Upon the objection (the Objection ) of the Trust 2 and the Liquidation Trustee in the abovecaptioned jointly administered chapter 11 cases (the Cases ), pursuant to sections 105 and 502 of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rule , to the Amended Claims, the Insufficient Documentation and No Basis Claims, and the Late-Filed Claim; and the Court having considered the Declaration of Fred Stevens in Support of the Liquidation Trustee s First Omnibus (Non-Substantive) Objection to Certain (I) Amended Claims, (II) Insufficient Documentation and No Basis Claims, and (III) Late-Filed Claim; and it appearing that the Court has jurisdiction to consider the Objection pursuant to 28 U.S.C and 157, and the Amended Standing Order of Reference from the United States District Court for the District of Delaware dated February 29, 2012; and it appearing that the Objection is a core matter pursuant to 28 U.S.C. 157(b)(2) and that the Court 1 The Debtors, together with the last four digits of each Debtor s tax identification number, are: Malibu Lighting Corporation (8205); Outdoor Direct Corporation (9246) f/k/a The Brinkmann Corporation; National Consumer Outdoors Corporation (1153) f/k/a Dallas Manufacturing Company, Inc.; Q-Beam Corporation (1560); Smoke N Pit Corporation (9951); Treasure Sensor Corporation (9938); and Stubbs Collections, Inc. (6615). The location of the Debtors headquarters and service address is 4215 McEwen Road, Dallas, TX Each of the Debtors were dissolved on August 22, 2017 in accordance with Article VI.G of the Debtors and Official Committee of Unsecured Creditors Joint Plan of Liquidation Pursuant to Chapter 11 of the Bankruptcy Code [Docket No ]. 2 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Objection.

17 Case KG Doc Filed 06/11/18 Page 3 of 7 may enter a final order consistent with Article III of the United States Constitution; and it appearing that venue of these Cases and of the Objection is proper pursuant to 28 U.S.C and 1409; and it appearing that due and adequate notice of the Objection has been given under the circumstances, and that no other or further notice need be given; and it appearing that the relief requested in the Objection is in the best interests of the Debtors estates, their creditors, and other parties in interest and that the legal and factual bases set forth in the Objection establish just cause for the relief granted herein; and after due deliberation thereon, and good and sufficient cause appearing therefor, it is hereby ORDERED, ADJUDGED AND DECREED THAT: 1. The Objection is sustained to the extent provided herein. 2. The Amended Claims listed on Exhibit A hereto under the column heading labeled Claim to be Disallowed are disallowed and expunged in their entirety. 3. The Insufficient Documentation and No Basis Claims listed on Exhibit B hereto under the column heading labeled Claim Number are disallowed and expunged in their entirety. 4. The Late-Filed Claim listed on Exhibit C hereto under the column heading labeled Claim Number is disallowed and expunged in its entirety. 5. The rights of the Trust and the Liquidation Trustee to: (i) file subsequent objections to any claims listed on any of the Exhibits hereto on any ground; (ii) amend, modify or supplement the Objection, including, without limitation, filing objections to further amended or newly-filed claims; (iii) seek to expunge or reduce any claim to the extent all or a portion of such claim has been paid; and (iv) settle any claim for less than the asserted amount, are expressly preserved. Additionally, should one or more of the grounds of objection stated in the Objection be overruled, the Liquidation Trustee s rights to object to the Amended Claims, the Insufficient Documentation and No Basis Claims, and the Late-Filed Claim on any other grounds are preserved. 2

18 Case KG Doc Filed 06/11/18 Page 4 of 7 6. For the avoidance of doubt, nothing in this Objection impacts in any way the Liquidation Trustee s pending objection to any claim under section 502(d) of the Bankruptcy Code included in any complaint filed pursuant to chapter 5 of the Bankruptcy Code. 7. The objection to each claim, as addressed in the Objection and as set forth in the Exhibits, constitutes a separate contested matter as contemplated by Bankruptcy Rule 9014 and Local Rule This Order shall be deemed a separate order with respect to each such claim that is the subject of the Objection. Any stay of this Order pending appeal by any claimants whose claims are subject to this Order shall only apply to the contested matter that involves such claimant and shall not act to stay the applicability and/or finality of this Order with respect to any other claims or contested matters addressed in the Objection and this Order. 8. The Liquidation Trustee is authorized to take any and all actions that are necessary and appropriate to give effect to this Order. 9. This Court shall retain jurisdiction over all matters arising from or related to the interpretation and implementation of this Order. Dated:, 2018 Wilmington, Delaware THE HONORABLE KEVIN GROSS UNITED STATES BANKRUPTCY JUDGE 3

19 Case KG Doc Filed 06/11/18 Page 5 of 7 Filed Claim Amends Claim Previously Resolved/Expunged Creditor Debtor Resolved/ Expunged Claim Number Docket # for Resolved/ Expunged Claim Claim to be Disallowed Disallowed Claim Amount Disallowed Claim Classification Reason for Disallowance Toyota Industries Commercial Finance, Inc. Malibu Lighting Corporation $30, Unsecured Claim amends claim that was previously resolved/expunged Mississippi Department of Revenue Outdoor Direct Corporation $223, Priority Claim amends claim that was previously resolved/expunged Louisiana Department of Revenue Outdoor Direct Corporation 252 (which amended 246) EXHIBIT A $ Priority Claim amends claim that was previously resolved/expunged

20 Case KG Doc Filed 06/11/18 Page 6 of 7 Insufficient Documentation and No Basis Claims EXHIBIT B Creditor Debtor Claim Number Claim Amount Classification Reason for Disallowance Cherney, Ronald Outdoor Direct Corporation 90 $500, Unsecured The basis for the claim is "products liability - personal injury (burn)." No documentation or other information is attached to the claim. The Liquidation Trustee has investigated this claim and has found no basis in the Debtors' books and records for the claim asserted. Cole, Babatunde Outdoor Direct Corporation 111 $30, Unsecured The basis for the claim is "personal injury/products liability." No documentation or other information is attached to the claim. The Liquidation Trustee has investigated this claim and has found no basis in the Debtors' books and records for the claim asserted. The Community Law Group Malibu Lighting Corporation; Outdoor Direct Corporation; and Smoke 'N Pit Corporation 175 $50, Unsecured The basis for the claim is "personal injury/products liability." No documentation or other information is attached to the claim. The Liquidation Trustee has investigated this claim and has found no basis in the Debtors' books and records for the claim asserted.

21 Case KG Doc Filed 06/11/18 Page 7 of 7 Late Filed Claim EXHIBIT C Creditor Debtor Claim Number Claim Amount Filed Priority Status Reason for Disallowance Ohio Department of Taxation Outdoor Direct Corporation 311 $121, Priority Claim was filed on 9/20/2017 as not amended and after the claims bar date.

22 Case KG Doc Filed 06/11/18 Page 1 of 4 EXHIBIT 2 Stevens Declaration

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26 Case KG Doc Filed 06/11/18 Page 1 of 4 CERTIFICATE OF SERVICE I, Victoria Guilfoyle, hereby certify that on the 11 th day of June, 2018, I served or caused to be served the foregoing Liquidation Trustee s First Omnibus (Non-Substantive) Objection to Certain (I) Amended Claims, (II) Insufficient Documentation and No Basis Claims, and (III) Late-Filed Claim upon the persons or entities listed on the attached service lists via U.S. first-class mail, postage fully pre-paid. /s/ Victoria Guilfoyle Victoria Guilfoyle (DE No. 5183)

27 Case KG Doc Filed 06/11/18 Page 2 of 4 Master Service List Kurtzman Carson Consultants Attn: Angela M. Nguyen 2335 Alaska Ave El Segundo, CA Pachulski Stang Ziehl & Jones LLP Jeffrey N. Pomerantz, Esquire Santa Monica Boulevard, 13th Floor Los Angeles, CA Pachulski Stang Ziehl & Jones LLP Joshua M. Fried, Esquire Maxim B. Litvak, Esquire 150 California Street, 15th Floor San Francisco, CA Pachulski Stang Ziehl & Jones LLP Michael R. Seidl, Esquire 919 N. Market Street, 17th Floor Wilmington, DE Internal Revenue Service c/o Nishant Kumar, Esq. Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC Bifferato LLC Ian Connor Bifferato & Thomas F Driscoll III 800 N. King St. Plaza Level Wilmington, DE Cozen O Connor Zachary V Renegar 301 South College St Suite 2100 Charlotte, NC Delaware Department of Justice Matthew P. Denn, Esquire Carvel State Office Building, 5th Floor 820 N. French Street Wilmington, DE Fibertex Corporation Attn: Ernest Elias 1345 Queen Anne Rd. Teaneck, NJ Delaware Dept of Justice Attn Bankruptcy Dept 820 N French St 6th Fl Wilmington, DE Delaware State Treasury 820 Silver Lake Boulevard, Suite 100 Dover, DE Grunsky, Ebey, Farrar & Howell Kate E. Collins, Esquire 240 Westgate Drive Watsonville, CA Fox Rothschild LLP John H. Strock, Esq. 919 N. Market Street, Suite 1300 Wilmington, DE Godosky & Gentile, P.C. Pasquale V. Vairo, Esquire 61 Broadway, 20th Floor New York, NY Internal Revenue Service Centralized Insolvency Operation 2970 Market St Philadelphia, PA Hornsby Watson Hornsby Blackwell Ralph Wayne Hornsby, Jr Gleneagles Drive Huntsville, AL Internal Revenue Service Centralized Insolvency Operation PO Box 7346 Philadelphia, PA James S. Brouner, Esq 12770, Coit Road, Suite 541 Dallas, TX Internal Revenue Service Insolvency Section 31 Hopkins Plz Rm 1150 Baltimore, MD Jackson Walker, L.L.P. David Stolle, Esq. and Bruce Ruzinsky, Esq Ross Ave., Suite 600 Dallas, Texas Lloyd Ward & Associates N. Central Expressway Suite 1000 Dallas, TX JOSEPH & BROWN, LTD. DON A. LEVITON 2550 WEST GOLF ROAD, STE. 300 ROLLING MEADOWS, IL Linebarger Goggan Blair & Sampson, LLP Elizabeth Weller 2777 N. Stemmons Freeway Suite 1000 Dallas, TX Matthew Lee 325 North End Ave. No 141 New York, NY Maynard Cooper & Gale PC Kevin C. Gray, Esq. 655 Gallatin Street Huntsville, AL Michael Bazley DVI P.O. Box 20 Tracy, CA Office of General Counsel U.S. Department of the Treasury 1500 Pennsylvania Avenue, NW Washington, DC Office of the Chief Counsel Pension Benefit Guaranty Corporation 1200 K Street, NW Washington, DC Office of General Counsel Securities & Exchange Commission 100 F Street, NE Washington, DC Office of the US Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW, Room 4400 Washington, DC / v.1

28 Case KG Doc Filed 06/11/18 Page 3 of 4 Master Service List Pratt Industries, Inc. Attn: Al Fennell 1800-C Sarasota Business Pkwy. Conyers, GA Shanghai Hazlian Electric Tools Co. Attn: Yuecun He o.50 Caoli Rd., Fengjing Town Jinshan District, Shanghai, CHINA Stein Fibers Ltd. Attn: Allen K. Greenberg 4 Computer Dr. W. Ste. 200 Albany, NY Zillah A. Frampton Bankruptcy Administrator Delaware Division of Revenue Carvel State Office Building, 8th Floor 820 N. French Street Wilmington, DE McCabe, Weisberg & Conway, P.C. Janet Z. Charlton, Esq. Chase N. Miller, Esq. Kristi J. Doughty, Esq Foulk Road, Suite 102, Foulkstone Plaza Wilmington, DE United States International Trade Commission Office of the General Counsel Attn: Cathy Chen, Attorney-Advisor 500 E Street, S.W. Washington, D.C Missouri Department of Revenue Attn: Sheryl L. Moreau, Esq. Special Assistant Attorney General General Counsel s Office 301 W. High Street, Room 670, P.O. Box 475 Jefferson City, MO McCreary, Veselka, Bragg & Allen, P.C. Lee Gordon, Esq. P.O. Box 1269 Round Rock, Texas Office of the United States Trustee Attn: Linda Casey, Esquire J. Caleb Boggs Federal Building, Suite King Street, Lockbox 35 Wilmington, DE Secretary of State Division of Corporations - Franchise Tax John G. Townsend Building, Suite Federal Street Dover, DE Sharon Binger, Regional Director Philadelphia Regional Office Securities & Exchange Commission One Penn Center, Suite JFK Boulevard Philadelphia, PA United States Attorney s Office District of Delaware Charles Oberly, Esquire c/o Ellen W. Slights, Esquire 1007 N. Orange Street, Suite 700 Wilmington, DE Stevens & Lee, P.C. John D. Demmy, Esq. 919 North Market Street, Suite 1300 Wilmington, Delaware Richards, Layton & Finger, PA. John H. Knight, Esq. One Rodney Square 920 North King Street Wilmington, Delaware Sullivan Hazeltine Allinson LLC Elihu E. Allinson III, Esq. 901 North Market Street, Suite 1300 Wilmington, DE Buchanan Ingersoll & Rooney, PC Attn: Kathleen A. Murphy, Esq. 919 North Market Street, Suite 1500 Wilmington, Delaware Securities & Exchange Commission New York Regional Office Andrew Calamari, Regional Director Brookfield Place, Suite Vesey Street New York, NY State of Texas Jay W. Hurst Asst Attorney General Bankruptcy & Collections Division PO Box Austin, TX Weltman, Weinberg & Reis Co., L.P.A. Scott D. Fink, Esq. Lakeside Place, Suite W. Lakeside Avenue Cleveland, OH Snellings, Breard, Sartor, Inabnett & Trascher, L.L.P. Mr. Guy Campbell, III 1503 N. 19th Street (71201) P. O. Box 2055 Monroe, Louisiana Stevens & Lee, P.C. Leonard P. Goldberger, Esq. 620 Freedom Business Center, Suite 200 King of Prussia, Pennsylvania Norton Rose Fulbright US LLP Louis R. Strubeck, Jr., Esq. Liz Boydston, Esq Ross Avenue, Suite 3600 Dallas, Texas Locke Lord LLP Jonathan W. Young, Esq. Michael B. Kind, Esq. 111 S. Wacker Drive Chicago, IL Bryan Cave LLP Attn: Robert J. Miller, Esq. and Brian C. Walsh, Esq. Two North Central Avenue, Suite 2200 Phoenix, Arizona Mississippi Department of Revenue Attn: Sylvie Robinson Post Office Box Jackson, MS Debt Acquisition Company of America V, LLC DACA VI, LLC P O Box Encinitas, CA / v.1

29 Case KG Doc Filed 06/11/18 Page 4 of 4 Toyota Industries Commercial Finance, Inc. c/o Weltman, Weinberg & Reis 323 W. Lakeside Ave., Suite 200 Cleveland, OH Mississippi Department of Revenue P.O. Box Baton Rouge, LA Louisiana Department of Revenue P.O. Box Jackson, MS Ohio Department of Taxation P.O. Box 530 Columbus, OH Babatunde Cole c/o R. Emmett Madden The Philly Lawyers 711 West Avenue Jenkintown, PA The Community Law Group Attn: Tamara L. Binns, Esq. and Legrand H. Clegg, II 444 West Ocean Blvd., Suite 800 Long Beach, CA Ronald Cherney c/o Daryoush Tofanian Rad Law Firm, P.C Preston Rd., Suite 900 Dallas, TX / v.1