Case 16-12685-KJC Doc 730 Filed 06/27/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: LIMITLESS MOBILE, LLC, Debtor. Chapter 11 Case No. 16-12685 (KJC Hearing Date: July 18, 2018 at 2:30 p.m. Objection Deadline: July 11, 2018 at 4:00 p.m. THE LIQUIDATING TRUSTEE S MOTION TO EXTEND THE DEADLINE TO OBJECT TO CLAIMS Gavin/Solmonese LLC, as trustee (the Liquidating Trustee in the above-captioned chapter 11 case of Limitless Mobile, LLC, by and through its undersigned counsel, hereby submits this motion to extend the deadline to object to claims (the Motion, which deadline is currently June 28, 2018 (the Claim Objection Deadline. Through this Motion, the Liquidating Trustee seeks to extend the Claim Objection Deadline for sixty days, allowing claim objections to be filed through and including August 27, 2018. In support of the Motion, the Liquidating Trustee respectfully represents as follows: JURISDICTION AND VENUE 1. The United States Bankruptcy Court for the District of Delaware (the Court has jurisdiction over this Motion pursuant to 28 U.S.C. 157 and 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware dated as of February 29, 2012. This matter is a core proceeding within the meaning of 28 U.S.C. 157(b(2. The Liquidating Trustee hereby confirms its consent, 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, to entry of a final order by the Court in connection with this Motion if it is later determined that the Court, absent consent of the parties, cannot enter a final order or judgment consistent with Article III of the United States Constitution.
Case 16-12685-KJC Doc 730 Filed 06/27/18 Page 2 of 5 2. Venue is proper in this district pursuant 28 U.S.C. 1408 and 1409. 3. The statutory basis for the relief sought herein is Rule 9006 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules BACKGROUND 4. On December 2, 2016, the above-captioned debtor (the Debtor filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the Bankruptcy Code in this Court. 5. On November 28, 2017, the Court entered an order approving the Debtor s third amended plan of reorganization [D.I. 649] (the Plan. Under the Plan, the deadline to object to claims was originally set for February 28, 2018. See Plan, Section 5.08. That deadline has been extended once by the Court [D.I. 710]. 6. On November 29, 2017, the Debtor filed a schedule of disputed claims [D.I. 653]. 7. On November 30, 2017 (the Effective Date, the Plan went effective [D.I. 661]. 8. The Liquidating Trustee is responsible for, among other things, administering the liquidating trust as provided for in the Plan and the liquidating trust agreement. RELIEF REQUESTED 9. By this Motion, the Liquidating Trustee seeks the entry of an order, substantially in the form attached hereto, extending the Claim Objection Deadline sixty days, to and including August 27, 2018 pursuant to Article V of the Plan and Bankruptcy Rule 9006. BASIS FOR RELIEF 10. As stated above, pursuant to the Plan, the Court may extend the Claim Objection Deadline. Additionally, Bankruptcy Rule 9006(b(1 provides that when an act is required or allowed to be done at or within a specified period... by order of court, the court for cause shown may at any time in its discretion... order the period enlarged if the request therefor is -2-
Case 16-12685-KJC Doc 730 Filed 06/27/18 Page 3 of 5 made before the expiration of the period originally prescribed. As discussed below, good and sufficient cause exists to extend the Claim Objection Deadline 11. Since the Effective Date, the Liquidating Trustee has been diligently reviewing, reconciling, and resolving certain claims asserted against the Debtor. Through these efforts, the Liquidating Trustee has settled several claims. See, e.g., Motion of the Liquidating Trustee for Entry of an Order Pursuant to Federal Rule of Bankruptcy Procedure 9019 Approving Stipulation Between the Liquidating Trustee, the Reorganized Debtor, and CSC Leasing Company Resolving All Claims of CSC Leasing Company [D.I. 725], Motion of the Liquidating Trustee for Entry of an Order Pursuant to Federal Rule of Bankruptcy Procedure 9019 Approving Stipulation Between the Liquidating Trustee and MNM Wireless, LLC Resolving All Claims of MNM Wireless, LLC [D.I. 726], Motion of the Liquidating Trustee for Entry of an Order Pursuant to Federal Rule of Bankruptcy Procedure 9019 Approving Stipulation Between the Liquidating Trustee and CTI Towers, Inc. [D.I. 727], Motion of the Liquidating Trustee for Entry of an Order Pursuant to Federal Rule of Bankruptcy Procedure 9019 Approving Stipulation Between the Liquidating Trustee and Scattered Acres, Inc. [D.I. 728], Motion of the Liquidating Trustee for Entry of an Order Pursuant to Federal Rule of Bankruptcy Procedure 9019 Approving Stipulation Between the Liquidating Trustee and VB-S1 Assets, LLC [D.I. 729]. 12. However, there has not been sufficient time to allow for a thorough review and resolution of all of the claims. Without additional time to review the bases for all of the claims and litigate or otherwise resolve disputed claims, the Liquidating Trustee may be forced to allow claims that would otherwise be objectionable to the detriment of all other creditors or, alternatively, file objections to claims before the Liquidating Trustee has completed its review and reconciliation of the claims. Accordingly, good and sufficient cause exists to extend the Claim Objection Deadline to permit the orderly and efficient administration of the liquidating -3-
Case 16-12685-KJC Doc 730 Filed 06/27/18 Page 4 of 5 trust. As this process continues, the Liquidating Trustee expects to continue its review of claims, file any necessary objections, and work to resolve all claims expeditiously. 13. For these reasons, the Liquidating Trustee believes that extension of the Claim Objection Deadline to and including August 27, 2018 is appropriate. The extension is not sought for the purposes of delay and will not prejudice any claimants. The Liquidating Trustee reserves the right to seek further extensions of the Claim Objection Deadline as necessary. NOTICE AND NO PRIOR REQUEST 14. Notice of this Motion has been provided to (i the Office of the United States Trustee and (ii all parties requesting notice under Bankruptcy Rule 2002. In light of the nature of the relief requested, the Liquidating Trustee submits that no other or further notice need be given. -4-
Case 16-12685-KJC Doc 730 Filed 06/27/18 Page 5 of 5 WHEREFORE, the Liquidating Trustee requests that the Court enter an order (i extending the Claim Objection Deadline by sixty days, to and including August 27, 2018, and (ii granting such other and further relief as the Court deems appropriate under the circumstances. Dated: June 27, 2018 SAUL EWING ARNSTEIN & LEHR LLP By:/s/ Lucian B. Murley Lucian B. Murley (DE Bar No. 4892 1201 N. Market Street, Suite 2300 P.O. Box 1266 Wilmington, DE 19899 Telephone: (302 421-6898 Fax: (302 421-5864 luke.murley@saul.com -and- Sharon L. Levine Melissa A. Martinez One Riverfront Plaza 1037 Raymond Boulevard, Suite 1520 Newark, NJ 07102-5426 Telephone: (973 286-6713 Fax: (973 286-6821 sharon.levine@saul.com melissa.martinez@saul.com Counsel to Gavin/Solmonese LLC, Liquidating Trustee -5-