Case 15-12080-KG Doc 1467 Filed 06/06/18 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re MALIBU LIGHTING CORPORATION, et al., 1 Debtors. Chapter 11 Case No.: 15-12080 (KG) (Jointly Administered) Objection Deadline: June 20, 2018 at 4:00 p.m. (ET) Hearing Date: July 24, 2018 at 2:00 p.m. (ET) THE LIQUIDATION TRUSTEE S MOTION TO FURTHER EXTEND THE CLAIMS OBJECTION DEADLINE The Malibu Creditors Liquidation Trust (the Trust ) and Fred Stevens, in his capacity as liquidation trustee (the Liquidation Trustee ) of the Trust, by and through their undersigned counsel, hereby file this motion (the Motion ) pursuant to Sections 105 and 502 of the Bankruptcy Code, Bankruptcy Rules 3007 and 9006, and Article VIII.B of the Plan, for entry of an order, substantially in the form attached hereto as Exhibit A (the Proposed Order ), further extending the deadline to file objections to the allowance of any claim (the Claims Objection Deadline ) filed against the estates of the above-captioned liquidating debtors (the Debtors ) by approximately 180 days through and including December 17, 2018. In support of the Motion, the Liquidation Trustee respectfully states as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction to consider this Motion pursuant to 28 U.S.C. 157 and 1334, and paragraph 34 of the Confirmation Order (defined below). Venue of these cases and this 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 75244. 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. 1352-1] (the Plan ).
Case 15-12080-KG Doc 1467 Filed 06/06/18 Page 2 of 6 Motion in this District is proper under 28 U.S.C. 1408 and 1409. This is a core proceeding under 28 U.S.C. 157(b). 2 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 ), Rules 3007 and 9006 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), Rule 3007-1 of the Local Rules, and Article VIII.B of the Plan. BACKGROUND General Background 3. On October 8, 2015, each of the Debtors commenced a voluntary case under chapter 11 of the Bankruptcy Code. 4. On February 14, 2017, the 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 ). The Malibu Creditors Liquidation Trust Agreement was attached as Exhibit A to the Notice of Filing of Plan Supplement to the Debtors and the Official Committee of Unsecured Creditors First Amended Joint Plan of Liquidation Pursuant to Chapter 11 of the Bankruptcy Code [Docket No. 1319]. 5. 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]. 2 Pursuant to Rule 9013-1(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 Motion 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. -2-
Case 15-12080-KG Doc 1467 Filed 06/06/18 Page 3 of 6 6. Pursuant to the Plan, the original deadline for the Liquidation Trustee to file objections to Claims was the business day that occurred 120 days after the Effective Date, or December 20, 2017. See Plan, Art. II.B.31 at 9 and Art. VIII.B at 56-57. 7. On January 22, 2018, this Court, upon prior motion of the Liquidation Trustee, entered an order [Docket No. 1446] extending the deadline to file objections to Claims to June 18, 2018 (the Claims Objection Deadline ). 8. Pursuant to Article VIII.B of the Plan, the Liquidation Trustee may seek extension(s) of [the Claims Objection Deadline] subject to Bankruptcy Court approval and with notice only to (i) parties that have requested such notice pursuant to Bankruptcy Rule 2002; and (ii) holders of Disputed Claims 3 ; and (iii) holders of Allowed Claims which claims may be the subject of an objection. See Plan, Art. VIII.B at 56-57. RELIEF REQUESTED 9. By this Motion, the Liquidation Trustee seeks entry of an order, pursuant to Section 105 of the Bankruptcy Code, Bankruptcy Rule 9006, and Article VIII.B of the Plan, further extending the Claims Objection Deadline by approximately 180 days through and including December 17, 2018. BASIS FOR RELIEF 10. As stated above, the Plan authorizes the Liquidation Trustee, in his discretion, to move to extend the Claims Objection Deadline upon notice to the parties identified therein. See Plan Art. VIII.B at 56-57. In addition, Bankruptcy Rule 9006(b)(1) provides the Court can extend unexpired time periods, as follows: 3 Capitalized terms not defined herein shall have the meaning ascribed to such term in the Plan. -3-
Case 15-12080-KG Doc 1467 Filed 06/06/18 Page 4 of 6 when an act is required or allowed to be done at or within a specified period by these rules or by a notice given thereunder or by order of court, the court for cause shown may at any time in its discretion... with or without motion or notice order the period enlarged if the request therefor is made before the expiration of the period originally prescribed or as extended by a previous order.... Fed. R. Bankr. P. 9006(b)(1). 4 As discussed below, good and sufficient cause exists to extend the Claims Objection Deadline. 11. The Debtors and their advisors filed, and the Bankruptcy Court approved, four (4) omnibus claim objections and several stipulations resolving individual claim disputes. The Liquidation Trustee is in the process of preparing and plans to file one additional omnibus claim objection and a notice of satisfied claims substantially contemporaneously with the submission of this Motion. Additionally, the Liquidation Trustee intends to file at least one more omnibus claim objection following the submission of this Motion. Aside from certain complex tort/insurance related claims the Liquidation Trustee is still analyzing, and after the filing of the two additional omnibus objections, the Liquidation Trustee believes the claims reconciliation process is nearing completion, and anticipates likely needing to file, at most, a few additional claim objections (individual or omnibus), but does not believe he will be able to do so prior to the expiration of the current Claims Objection Deadline. The Liquidation Trustee therefore requests additional time to object to claims so he may continue the claims reconciliation process and preserve value for distribution to stakeholders. 12. For the above reasons, the Liquidation Trustee believes a 180 day extension of the Claims Objection Deadline to file and serve objections to claims, through and including December 17, 2018, is appropriate. Similar relief to that requested herein has been granted in this District. See, 4 Pursuant to Rule 9006-2 of the Local Rules, the filing of this Motion prior to the current Claims Objection Deadline serves to automatically extend the current Claims Objection Deadline until such time as the Court rules on this Motion. See Del. Bankr. LR 9006-2. -4-
Case 15-12080-KG Doc 1467 Filed 06/06/18 Page 5 of 6 e.g. In re Draw Another Circle, LLC, et al, Case No. 16-11452 (KJC) (Bankr. D. Del. Aug. 30, 2017) [D.I. 1504] (extending claim objection deadline by 121 days); In re QCE Finance, LLC, Case No. 14-10543 (LSS) (Bankr. D. Del. Mar. 13, 2015) [D.I. 645] (extending claim objection deadline by 120 days); In re Savient Pharmaceuticals, Inc., Case No. 13-12680 (MFW) (Bankr. D. Del. Mar. 9, 2015) [D.I. 852] (extending claim objection deadline by 122 days); In re EGHI Holdings, Inc., Case No. 09-12099 (MFW) (Bankr. D. Del. Mar. 3, 2015) [D.I. 2398] (extending claim objection deadline by 122 days); In re Laboratory Partners, Inc., Case No. 13-12769 (LSS) (Bankr. D. Del. Jan. 28, 2015) [D.I. 777] (extending claim objection deadline by 180 days). 13. This extension is not sought for the purposes of delay and will not prejudice any claimants. The Liquidation Trustee reserves his right to seek a further extension of the time to file and serve objections to claims upon motion filed with the Court. NO PRIOR REQUEST 14. Aside from the first request to extend the Claims Objection Deadline, no prior request for the relief requested herein has been made by the Liquidation Trustee to this or any other court. NOTICE 15. Notice of this Motion will be given to: (a) the Office of the United States Trustee, (b) parties that have requested such notice pursuant to Bankruptcy Rule 2002, (c) holders of Disputed Claims, and (d) holders of Allowed Claims which claims may be the subject of an objection. The Liquidation Trustee respectfully submits no further notice of this Motion is required. -5-
Case 15-12080-KG Doc 1467 Filed 06/06/18 Page 6 of 6 CONCLUSION WHEREFORE, the Liquidation Trustee respectfully requests the Court enter an order, substantially in the form annexed hereto as Exhibit A, extending the Claims Objection Deadline through and including December 17, 2018, and granting such other and further relief as the Court deems just and proper. Date: June 6, 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 10020 Telephone: (212) 262-6700 Facsimile: (212) 262-7402 Email: 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 19801 Telephone: (302) 425-6404 Facsimile: (302) 425-6464 Email: guilfoyle@blankrome.com Co-Counsel to the Liquidation Trustee and the Malibu Creditors Liquidation Trust -6-
Case 15-12080-KG Doc 1467-1 Filed 06/06/18 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.: 15-12080 (KG) (Jointly Administered) Objection Deadline: June 20, 2018 at 4:00 p.m. (ET) Hearing Date: July 24, 2018 at 2:00 p.m. (ET) NOTICE OF THE LIQUIDATION TRUSTEE S MOTION TO FURTHER EXTEND THE CLAIMS OBJECTION DEADLINE PLEASE TAKE NOTICE that on June 6, 2018, the Malibu Creditors Liquidation Trust (the Trust ) and Fred Stevens, in his capacity as liquidation trustee (the Liquidation Trustee ) of the Trust, by and through their undersigned counsel, filed the Liquidation Trustee s Motion to Further Extend the Claims Objection Deadline (the Motion ) with the United States Bankruptcy Court for the District of Delaware (the Bankruptcy Court ). If a copy of the Motion is not attached hereto, a copy may be obtained by contacting the undersigned counsel to the Liquidation Trustee. PLEASE TAKE FURTHER NOTICE that any responses or objections to the Motion 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 20, 2018 at 4:00 p.m. (prevailing Eastern Time). PLEASE TAKE FURTHER NOTICE that a hearing to consider the Motion, if required, will be held before the Honorable Kevin Gross, United States Bankruptcy Judge for the District of 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 75244. 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. 1352-1].
Case 15-12080-KG Doc 1467-1 Filed 06/06/18 Page 2 of 2 Delaware, at the Bankruptcy Court, 824 North Market Street, 3rd Floor, Wilmington, Delaware 19801 on July 24, 2018 at 2:00 p.m. (prevailing Eastern Time). PLEASE TAKE FURTHER NOTICE THAT, IF NO OBJECTIONS TO THE MOTION ARE TIMELY FILED, SERVED AND RECEIVED IN ACCORDANCE WITH THIS NOTICE, THE BANKRUPTCY COURT MAY GRANT THE RELIEF REQUESTED IN THE MOTION WITHOUT FURTHER NOTICE OR HEARING. Date: June 6, 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 10020 Telephone: (212) 262-6700 Facsimile: (212) 262-7402 Email: 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 19801 Telephone: (302) 425-6404 Facsimile: (302) 425-6464 Email: guilfoyle@blankrome.com Co-Counsel to the Liquidation Trustee and the Malibu Creditors Liquidation Trust -2-
Case 15-12080-KG Doc 1467-2 Filed 06/06/18 Page 1 of 3 EXHIBIT A Proposed Order
Case 15-12080-KG Doc 1467-2 Filed 06/06/18 Page 2 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re MALIBU LIGHTING CORPORATION, et al., 1 Debtors. Chapter 11 Case No.: 15-12080 (KG) (Jointly Administered) Re: Docket No.: ORDER FURTHER EXTENDING THE CLAIMS OBJECTION DEADLINE UPON CONSIDERATION of the motion (the Motion ) of the Malibu Creditors Liquidation Trust (the Trust ) and Fred Stevens, in his capacity as liquidation trustee (the Liquidation Trustee ) of the Trust, on behalf of the estates of the above-captioned liquidating debtors (the Debtors ), for entry of an order, pursuant to Sections 105(a) and 502 of the Bankruptcy Code, 2 Rules 3007 and 9006 of the Bankruptcy Rules, and the authority granted in Article VIII.B of the Plan, further extending the Claims Objection Deadline through and including December 17, 2018, and the Court having reviewed the Motion; and the Court finding that: (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; (b) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2); and (c) due and sufficient notice of the Motion has been given; and after due deliberation and sufficient cause appearing therefor, it is hereby: ORDERED, ADJUDGED AND DECREED that: 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 75244. 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. 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Motion and/or the Plan, as applicable.
Case 15-12080-KG Doc 1467-2 Filed 06/06/18 Page 3 of 3 1. The Motion is GRANTED. 2. The Claims Objection Deadline is extended through and including December 17, 2018. 3. This Order is without prejudice to the rights of the Liquidation Trustee to seek further extensions of the Claims Objection Deadline upon motion filed with the Court. 4. This Court shall retain jurisdiction over all matters arising from or related to the implementation and interpretation of this Order. Dated:, 2018 Wilmington, Delaware THE HONORABLE KEVIN GROSS UNITED STATES BANKRUPTCY JUDGE -2-