GENOVA & MALIN Date: July 22, 2001

Transcription

1 GENOVA & MALIN Date: July 22, 2001 Attorneys for the Debtors Time: 12:00 P.M. Hampton Business Center 1136 Route 9 Wappingers Falls, New York ( Thomas Genova, Esq. (TG4706 Andrea B. Malin, Esq. (AM4424 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK POUGHKEEPSIE DIVISION X In re: MAJESTIC CAPITAL, LTD., et al Chapter 11 Case No (CGM Debtors X NOTICE OF PROPOSED ORDER PLEASE TAKE NOTICE that upon the annexed Application of Majestic Capital, Ltd. ( Majestic Capital, Majestic USA Capital, Inc. ( Majestic USA, Compensation Risk Managers, LLC ( CRM, Compensation Risk Managers of California, LLC ( CRM CA, Eimar, LLC ( Eimar, and Embarcadero Insurance Holdings, Inc. ( Embarcadero and, collectively, the Debtors, the undersigned will present for signature to the Honorable Cecelia G. Morris, United States Bankruptcy Judge at the United States Bankruptcy Court, 355 Main Street, Poughkeepsie, New York, on July 22, 2011, at 12:00 p.m., the annexed proposed Order fixing September 30, 2011 (the "Bar Date" as the last date by which all entities who hold claims against the Debtors which arose prior to service of notice of the Bar Date (other than professionals currently retained in this case pursuant to 11 U.S.C. '327, will be permitted to file proofs of claim.

2 PLEASE TAKE FURTHER NOTICE that objections, if any, to the proposed Order must be made in writing and received in the Bankruptcy Judge's chambers and by the undersigned attorneys for the Debtor no later than noon on such date. Unless objections are received by that time, the proposed Order may be signed. Dated: Wappingers Falls, NY July 14, 2011 GENOVA & MALIN Attorneys for Debtors By: /s/thomas Genova THOMAS GENOVA (TG4706 Hampton Business Center 1136 Route 9 Wappingers Falls, NY ( TO: Office of the U.S. Trustee All Parties Filing Notice of Appearances

3 Genova & Malin, Attorneys at Law Thomas Genova 1136 Route 9 Wappingers Falls, New York Telephone: ( Facsimile: ( and Murphy & King, Professional Corporation Harold B. Murphy Andrew G. Lizotte One Beacon Street Boston, MA Telephone: ( Facsimile: ( Counsel for Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK POUGHKEEPSIE DIVISION In re: Chapter 11 MAJESTIC CAPITAL, LTD., et al., Case No (CGM Debtors. (Jointly Administered 1 APPLICATION IN SUPPORT OF ORDER FIXING LAST DATE FOR FILING OF PROOFS OF CLAIM TO THE HONORABLE CECELIA G. MORRIS, UNITED STATES BANKRUPTCY JUDGE: MAJESTIC CAPITAL, LTD., et al (the Debtors and their attorneys, GENOVA & MALIN and MURPHY & KING, P.C., respectfully submit this application, pursuant to Rule 3003(c(3 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy 1 The other jointly administered debtors are Majestic USA Capital, Inc., case no ; Compensation Risk Managers, LLC, case no ; Compensation Risk Managers of California, LLC, case no ; Eimar LLC, case no ; and Embarcadero Insurance Holdings, Inc., case no

4 Rules", in support of an Order fixing the time within which proofs of claim may be filed in this case and states as follows: I. JURISDICTION AND VENUE 1. This Court has jurisdiction over the motion pursuant to 28 U.S.C. 157 and The motion is a core matter pursuant to 28 U.S.C. 157(b(2(B. 2. Venue is proper in this District pursuant to 28 U.S.C and II. BACKGROUND 3. The Debtors commenced these cases by filing voluntary Chapter 11 petitions on April 29, 2011 (the Petition Date. 4. The Debtors continue to operate as debtors-in-possession pursuant to 11 U.S.C. 1107, On or about June 22, 2011, the Office of the United States Trustee appointed an Official Committee of Unsecured Creditors. 6. The Debtors are being jointly administered pursuant to an order of this Court dated May 18, A description of each of the Debtors and the purpose of these proceedings is set forth in detail in the Affidavit of James Scardino Pursuant to Local Bankruptcy Rule and in Support of First Day Motions and Applications filed on or about May 2, 2011 and incorporated herein. III. REQUEST FOR BAR DATE 8. In order to administer their cases, the Debtors must identify the nature and extent of the claims asserted against their bankruptcy estates. The Debtors therefore request the entry of an order fixing September 30, 2011 as the last day for the filing of proofs of claim against the Debtors estate.

5 9. This Court has authority to establish a bar date for the filing of claims pursuant to Federal Rule of Bankruptcy Procedure 3003(c( The Debtors request that a bar date of September 30, 2011 (the Bar Date be fixed as the deadline for the filing of prepetition proofs of claim. The requested Bar Date will provide creditors and parties in interest with sufficient time to file proofs of claim. 11. The Debtors request that the Bar Date be fixed as the deadline for filing prepetition proofs of claim by all entities including individuals, partnerships, corporations, estates, trusts and governmental units, wherever located. The Bar Date would apply to all claims including, without limitation, any claim based upon the Debtors primary or secondary, direct or indirect, secured or unsecured, contingent, guaranty or indemnification liability, or for or on account of any alleged obligation or liability of the Debtors whatsoever. The Bar Date would apply, for all entities, to all claims arising prior to the Petition Date. 12. Pursuant to Bankruptcy Rule 3003(c(2, the Debtors propose that in the event the holder of a claim who is required to file a proof of such claim fails to do so on or before the Bar Date: (i the holder of the claim shall be forever barred, estopped, and enjoined from asserting such claim against the Debtors (or filing a proof of claim with respect thereto, (ii the Debtors and their property shall be forever discharged from any and all indebtedness or liability with respect to such claim, and (iii the holder of the claim shall not be permitted to vote to accept or reject any chapter 11 plan or participate in any distribution in the Debtors chapter 11 cases on account of such claim or to receive further notices regarding such claim. 13. The Debtors have served this motion and propose that the Notice be sent by first class mail, postage prepaid to: (i those parties having filed a notice of appearance; and (ii all creditors of the Debtors.

6 14. WHEREFORE, the Debtors respectfully requests that the Court enter an Order (i fixing September 30, 2011, as the Bar Date herein, (ii approving the form of the Notice and the proposed service thereof, and (iii granting the Debtor such other and further relief as is just and proper. Respectfully submitted, MAJESTIC CAPITAL LTD, et al. By their counsel, /s/ Thomas Genova Genova & Malin, Attorneys at Law Thomas Genova 1136 Route 9 Wappingers Falls, New York Telephone: ( Facsimile: ( and- Dated: July 14, 2011 /s/ Andrew Lizotte Harold B. Murphy (BBO # Andrew G. Lizotte (BBO # Murphy & King Professional Corporation One Beacon Street, 21st Floor Boston, MA Telephone: ( Facsimile: ( agl@murphyking.com

7 EXHIBIT A

8 Genova & Malin, Attorneys at Law Thomas Genova 1136 Route 9 Wappingers Falls, New York Telephone: ( Facsimile: ( and Murphy & King, Professional Corporation Harold B. Murphy Andrew G. Lizotte One Beacon Street Boston, MA Telephone: ( Facsimile: ( Counsel for Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK POUGHKEEPSIE DIVISION In re: Chapter 11 MAJESTIC CAPITAL, LTD., et al., Case No (CGM Debtors. (Jointly Administered 2 NOTICE OF LAST DAY FOR THE FILING OF PROOFS OF CLAIM AND OF PROCEDURE TO FILE SAID CLAIMS PLEASE TAKE NOTICE that the United States Bankruptcy Court for the Southern District of New York has entered an Order dated, (the "Bar Order" requiring all entities (except as provided in paragraphs 4, 5, 6, and 7 below, including individuals, partnerships, corporations, estates, trusts, and governmental units, which assert a 2 The other jointly administered debtors are Majestic USA Capital, Inc., case no ; Compensation Risk Managers, LLC, case no ; Compensation Risk Managers of California, LLC, case no ; Eimar LLC, case no ; and Embarcadero Insurance Holdings, Inc., case no

9 claim (as defined in paragraph 1 below against the above-referenced Debtors, which claim arose prior to April 29, 2011, to file such a proof of claim no later than September 30, 2011, (the "Bar Date". 1. As used herein, "claim" shall mean (a a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured; or (b a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured. 2. All entities which are required to file a proof of claim against the Debtors and fail to do so on or before the Bar Date, shall be forever barred from asserting such claim against the Debtors and shall not, with respect to any such claim, be treated as a creditor of the Debtors for the purposes of distribution. 3. Each proof of claim shall be filed substantially in conformity with Official Bankruptcy Form Number 10. Proofs of claim will be deemed filed only when received by the Clerk of the Bankruptcy Court on or before the Bar Date. 4. Entities which have already filed a proof of claim need not file another claim. 5. Any person or entity that holds a claim that arises from the rejection of an executory contract or unexpired lease, as to which the order authorizing such rejection is dated on or before the date of entry of the Bar Order, must file a proof of claim based upon such rejection on or before the Bar Date, and any person or entity that holds a claim that arises from the rejection of an executory contract or unexpired lease, as to which an order authorizing such rejection is dated after the date of entry of the Bar Order, must file a proof of claim on or before such date as the Court may fix in the applicable order authorizing such rejection. 6. Holders of equity interests in the Debtors need not file proofs of interest with respect to the ownership of such equity interests, provided, however, that if any such holder asserts a claim against the Debtors (including a claim relating to an equity interest or the purchase or sale of such equity interest, a proof of such claim must be filed on or prior to the Bar Date pursuant to the procedures set forth in the Bar Order.

10 7. Entities whose claims are listed in the Debtors schedules and are not listed therein as contingent, disputed or unliquidated need not file a proof of claim unless they dispute the manner in which their claim is listed. 8. Proofs of claim must specify by name and case number the Debtor against which the claim is filed; if the holder asserts a claim against more than one Debtor, a separate proof of claim form must be filed with respect to each Debtor. 9. Proofs of claim required to be filed by the Bar Date must be accompanied by adequate supporting detail and must be filed on or before September 30, 2011 with: Clerk of the Court United States Bankruptcy Court 355 Main Street Poughkeepsie, New York With copies to: GENOVA & MALIN Attorneys for the Debtor Attn: Thomas Genova, Esq. Hampton Business Center 1136 Route 9 Wappingers Falls, NY and Murphy & King, Professional Corporation Andrew G. Lizotte One Beacon Street Boston, MA Telephone: ( Facsimile: ( Dated: Poughkeepsie, New York, 2011 GENOVA & MALIN Attorneys for Debtors By: /s/thomas Genova, Esq. THOMAS GENOVA, ESQ. 3

11 Genova & Malin, Attorneys at Law Thomas Genova 1136 Route 9 Wappingers Falls, New York Telephone: ( Facsimile: ( and Murphy & King, Professional Corporation Harold B. Murphy Andrew G. Lizotte One Beacon Street Boston, MA Telephone: ( Facsimile: ( Counsel for Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK POUGHKEEPSIE DIVISION In re: Chapter 11 MAJESTIC CAPITAL, LTD., et al., Case No (CGM Debtors. (Jointly Administered 3 ORDER FIXING BAR DATE FOR FILING PROOFS OF CLAIM Upon the Motion of Majestic Capital Ltd et al (the "Debtors" for Entry of an Order Fixing the Bar Date for Filing Claims, and good and sufficient cause having been shown, it is hereby ORDERED, that pursuant to Rule 3003(c(3 of the Federal Rules of Bankruptcy Procedure, September 30, 2011 (the "Bar Date" is hereby fixed as the last 3 The other jointly administered debtors are Majestic USA Capital, Inc., case nol ; Compensation Risk Managers, LLC, case no ; Compensation Risk Managers of California, LLC, case no ; Eimar LLC, case no ; and Embarcadero Insurance Holdings, Inc., case no

12 date by which all entities, as defined in 11 U.S.C. 101(15, including all individuals, partnerships, corporations, estates, trusts and governmental units who hold one or more claims against the Debtors that arose prior to April 29, 2011, are permitted to file proofs of claim, provided however, that (a any entity whose claim is listed in the Debtor's schedules and is not listed as contingent, disputed or unliquidated, need not file a proof of claim unless it disputes the manner in which its claim is listed, and (b any entity who has already filed a proof of claim need not file again; and it is further ORDERED, that each proof of claim shall be filed with the Clerk of the Bankruptcy Court substantially in conformity with Official Bankruptcy Form Number 10 and shall be accompanied by adequate supporting documentation; and it is further ORDERED, that any entity that is required to file a proof of claim as set forth herein on or before the Bar Date and fails to file such proof of claim, shall not, with respect to any such claim, be treated as a creditor of the Debtors for purposes of voting and distribution under any plan of reorganization or liquidation, and shall be forever barred from voting and asserting such claim against the Debtors; it is further ORDERED, that any person or entity that holds a claim that arises from the rejection of an executory contract or unexpired lease, as to which the order authorizing such rejection is dated on or before the date of entry of this Order, must file a proof of claim based upon such rejection on or before the Bar Date, and any person or entity that holds a claim that arises from the rejection of an executory contract or unexpired lease, as to which an order authorizing such rejection is dated after the date of entry of this Order, must file a proof of claim on or before such date as the Court may fix in the applicable order authorizing such rejection; 5

13 ORDERED, that holders of equity interests in the Debtors need not file proofs of interest with respect to the ownership of such equity interests, provided, however, that if any such holder asserts a claim against the Debtors (including a claim relating to an equity interest or the purchase or sale of such equity interest, a proof of such claim must be filed on or prior to the Bar Date pursuant to the procedures set forth in this Order; and it is further ORDERED, that if the Debtors amend or supplement the Schedules subsequent to the date hereof, the Debtors shall give notice of any amendment or supplement to the holders of claims affected thereby, and such holders shall be afforded 30 days from the date of such notice to file proofs of claim in respect of their claims or be barred from doing so, and shall be given notice of such deadline; and it is further ORDERED, that nothing in this Order shall prejudice the right of the Debtors or any other party in interest to dispute or assert offsets or defenses to any claim reflected in the Schedules; and it is further ORDERED, that notice of the Bar Date shall be sufficient if served by regular first class mail no later than ten (10 days after entry of this Order, upon (i all known creditors of the Debtors, (ii all creditors identified in the Debtors schedules, (iii all creditors having filed proofs of claim and (iv all entities having filed notices of appearances; it is further ORDERED, that notice of the Bar Date will be adequate if in compliance with the terms of this Order. 6

14 ORDERED, that notice of the Bar Date shall be published at least one time on or before September 1, 2011 in the POUGHKEEPSIE JOURNAL. Dated: Poughkeepsie, NY, 2011 U.S. BANKRUPTCY COURT JUDGE 7