rbk Doc#432 Filed 07/09/18 Entered 07/09/18 18:42:18 Main Document Pg 1 of 7

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1 rbk Doc#432 Filed 0/09/18 Entered 0/09/18 18:42:18 Main Document Pg 1 of IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION In re: A GACI, L.L.C., Debtor. Chapter 11 Case No rbk-11 REQUEST FOR EXPEDITED HEARING ON DEBTOR S EXPEDITED MOTION UNDER BANKRUPTCY CODE SECTION 365 AND BANKRUPTCY RULE 6006 TO APPROVE ASSUMPTION OF INSURANCE POLICY WITH QBE INTERNATIONAL INSURANCE LIMITED A GACI, L.L.C. ( A GACI or the Debtor ), hereby files this Request for Expedited Hearing on Debtor s Expedited Motion Under Bankruptcy Code Section 365 and Bankruptcy Rule 6006 to Approve Assumption of Insurance Policy with QBE International Insurance Limited (the Motion to Expedite ) and in support thereof respectfully states as follows: 1. Through this Motion to Expedite, the Debtor requests that the Court consider the Debtor s Expedited Motion Under Bankruptcy Code Section 365 and Bankruptcy Rule 6006 to Approve Assumption of Insurance Policy with QBE International Insurance Limited (the Assumption Motion ) on an expedited basis on Thursday, July 26, 2018 at 2:00 p.m. Central Time, which is also the scheduled date and time of the hearing to consider confirmation of the Debtor s First Amended Plan of Reorganization of A GACI, L.L.C. Pursuant to Chapter 11 of the Bankruptcy Code (as may be further amended, the Plan ). 2. On June 22, 2018, in accordance with the Disclosure Statement Approval Order, the Debtor filed the Notice of Cure Procedures [Docket No. 413], which included a list of Executory Contracts and Unexpired Leases that the Debtor intends to assume under the Plan. In the Notice of Cure Procedures, the Debtor included an insurance contract with QBE Seguros in

2 rbk Doc#432 Filed 0/09/18 Entered 0/09/18 18:42:18 Main Document Pg 2 of the list of Cure Amount Schedule attached as Schedule 1 to the Notice of Cure Procedures. After further review of the Notice of Cure Procedures, the Debtor determined that additional description of such insurance policy was warranted to correct the name of the policy provider and to provide the number of such insurance policy. Concurrently with the filing of the Motion to Assume, the Debtor filed a Notice of Correction to Notice of Cure Procedures (the Corrected Notice ). In the Corrected Notice, the Debtor provided additional information regarding its insurance policy covering the Debtor s store locations in Puerto Rico (as described in more detail below, the QBE Insurance Policy ). 3. In the Assumption Motion, the Debtor seeks entry an order approving the Debtor s assumption of QBE Insurance Policy with QBE International Insurance Limited, Policy No. CP The Debtor filed the Motion to Assume to remove any possible doubt as to the Debtor s intention and ability to assume the QBE Insurance Policy. 4. Counsel for the Debtor certifies that there is a true necessity for an expedited hearing and that the necessity of the expedited hearing has not been caused by a lack of due diligence on its part. The Motion to Assume and the Corrected Notice were filed promptly after the Debtor determined that additional disclosure was warranted. 5. At this time, the Debtor estimates that the hearing on the Assumption Motion will take approximately five (5) minutes. 6. Notice of this Motion to Expedite will be provided to the parties on the Limited Service List as of June 1, 2018 [Docket No. 34] and to QBE International Insurance Limited. WHEREFORE, the Debtor respectfully requests that the Court (i) grant the Motion to Expedite and (ii) grant such other and further relief as is just and proper. 2

3 rbk Doc#432 Filed 0/09/18 Entered 0/09/18 18:42:18 Main Document Pg 3 of RESPECTFULLY SUBMITTED this 9th day of July, HAYNES AND BOONE, LLP By: /s/ David L. Staab Ian T. Peck State Bar No David Staab State Bar No Victory Avenue, Suite 00 Dallas, TX 5219 Telephone: Facsimile: ian.peck@haynesboone.com david.staab@haynesboone.com ATTORNEYS FOR DEBTOR 3

4 rbk Doc#432 Filed 0/09/18 Entered 0/09/18 18:42:18 Main Document Pg 4 of CERTIFICATE OF CONFERENCE On July 9, 2018, shortly before filing the Assumption Motion, the Debtor conferred with the Office of the United States Trustee, counsel for the Official Committee of Unsecured Creditors, counsel for JPMorgan Chase Bank, N.A., and counsel for Second Avenue Capital Partners, LLC regarding the Motion to Expedite. At this time, such parties have not yet responded as to whether they oppose expedited consideration of the Assumption Motion. /s/ David L. Staab David L. Staab 4

5 rbk Doc#432 Filed 0/09/18 Entered 0/09/18 18:42:18 Main Document Pg 5 of Exhibit A Proposed Order

6 rbk Doc#432 Filed 0/09/18 Entered 0/09/18 18:42:18 Main Document Pg 6 of IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION In re: A GACI, L.L.C., Debtor. Chapter 11 Case No rbk ORDER GRANTING REQUEST FOR EXPEDITED HEARING ON DEBTOR S EXPEDITED MOTION UNDER BANKRUPTCY CODE SECTION 365 AND BANKRUPTCY RULE 6006 TO APPROVE ASSUMPTION OF INSURANCE POLICY WITH QBE INTERNATIONAL INSURANCE LIMITED On this day the Court has considered the Request for Expedited Hearing on Debtor s Expedited Motion Under Bankruptcy Code Section 365 and Bankruptcy Rule 6006 to Approve Assumption of Insurance Policy with QBE International Insurance Limited (the Motion to Expedite ), filed by the above-captioned debtor (the Debtor ). For good cause shown, the Motion to Expedite and the relief requested therein is hereby GRANTED as set forth below.

7 rbk Doc#432 Filed 0/09/18 Entered 0/09/18 18:42:18 Main Document Pg of IT IS THEREFORE, ORDERED that the hearing on the Motion to Assume 1 is scheduled on an expedited basis for Thursday, July 26, 2018 at 2:00 p.m. Central Time. Submitted by: Ian T. Peck State Bar No David Staab State Bar No HAYNES AND BOONE, LLP 2323 Victory Avenue, Suite 00 Dallas, TX 5219 Telephone: Facsimile: ian.peck@haynesboone.com david.staab@haynesboone.com ATTORNEYS FOR DEBTOR # # # 1 All capitalized terms not defined herein shall have the meaning ascribed to them in the Motion to Expedite.