Case 18-12622-MFW Doc 71 Filed 11/29/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re Oklahoma ProCure Management, LLC, Debtor. 1 Chapter 11 Case No. 18-12622 (MFW) Hearing Date: December 27, 2018 at 1:00 p.m. (ET) Objection Deadline: December 20, 2018 at 4:00 p.m. (ET) DEBTOR S MOTION FOR ENTRY OF AN ORDER PURSUANT TO BANKRUPTCY RULE 1007(c) AND LOCAL RULE 1007-1 EXTENDING THE TIME TO FILE SCHEDULES OF ASSETS AND LIABILITIES AND STATEMENT OF FINANCIAL AFFAIRS The above-captioned debtor and debtor in possession (the Debtor ) hereby moves (the Motion ), pursuant to sections 105(a) and 521 of title 11 of the United States Code, 11 U.S.C. 101 1532 (as amended, the Bankruptcy Code ), Rules 1007(c) and 9006(b) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ) and Rule 1007-1 of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware ( Local Rules ) for entry of an order, substantially in the form attached as Exhibit A, extending the time within which the Debtor must file schedules of assets and liabilities and statement of financial affairs (collectively, the Schedules and Statement ). In support of the Motion, the Debtor relies upon and incorporates by reference the Declaration of James J. Loughlin, Jr. in Support of First Day Relief (D.I. 7) (the First Day Declaration ). 2 In further support of the Motion, the Debtor respectfully states as follows: 1 2 The Debtor in this case, along with the last four digits of the Debtor s federal EIN, is Oklahoma ProCure Management, LLC (9763). The Debtor s mailing address 5901 W. Memorial Rd., Oklahoma City, Oklahoma 73142. Capitalized terms not defined herein are defined in the First Day Declaration.
Case 18-12622-MFW Doc 71 Filed 11/29/18 Page 2 of 5 JURISDICTION 1. This Court has jurisdiction to consider 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 is a core proceeding under 28 U.S.C. 157(b). Venue of this chapter 11 case and the Motion is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. 2. The Debtor consents pursuant to Local Rule 9013-1(f) to the entry of a final order by the Court in connection with this Motion to the extent that it is later determined that the Court, absent consent of the parties, cannot enter final orders or judgments in connection herewith consistent with Article III of the United States Constitution. 3. The statutory bases for the relief requested herein are sections 105(a) and 521 of the Bankruptcy Code, as supplemented by Bankruptcy Rules 1007 and 9006(b) and Local Rule 1007-1. BACKGROUND 4. On November 15, 2018 (the Petition Date ), the Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. The Debtor continues to operate its business and manage its properties as debtor in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee, examiner, or creditors committee has been appointed in this Chapter 11 Case. 5. A full description of the Debtor s business, corporate structure, and events leading to this chapter 11 case is set forth in the First Day Declaration. RELIEF REQUESTED 6. By this Motion, the Debtor requests entry of an order pursuant to Bankruptcy Rule 1007(c) and Local Rule 1007-1, substantially in the form attached hereto as 2
Case 18-12622-MFW Doc 71 Filed 11/29/18 Page 3 of 5 Exhibit A, extending the time within which the Debtor must file Schedules and Statements through and including December 13, 2018, which is twenty-eight (28) days after the Petition Date, without prejudice to the Debtor s right to request further extensions of the deadline. BASIS FOR RELIEF 7. Under section 521 of the Bankruptcy Code and Bankruptcy Rule 1007, a debtor is required to file schedules and statements of assets and liabilities within fourteen days of the petition date. The Debtor s deadline under Bankruptcy Rule 1007 is November 29, 2018, unless further extended. 8. Bankruptcy Rule 1007 provides that an extension of time for filing of schedules and statements of assets and liabilities may be granted on a motion for cause shown. Similarly, Local Rule 1007-1(b) provides that an extension of the time to file the Schedules and Statements shall be granted, for cause... upon filing of a motion by the debtor. 9. The Debtor submits that under the circumstances, good and sufficient cause exists to extend the deadline to file the Schedules and Statement by fourteen (14) days. Collecting the information necessary to complete the Schedules and Statement requires substantial time and effort on the part of the Debtor and its management. However, the Debtor s management, which consists of only a few individuals, have been working around the clock to finalize the necessary financing for this case, gather the information necessary for the Debtor s pleadings filed thus far in this case, finalize the proposed sale of the Debtor s assets, and address demands from various parties in interest. As a result, the Debtor s management has simply not had the opportunity to finish gathering all of the information necessary to prepare and file the Schedules and Statement. 3
Case 18-12622-MFW Doc 71 Filed 11/29/18 Page 4 of 5 10. In view of the amount of work entailed in completing such a project, as well as the competing demands upon the Debtor s management in the initial postpetition period to stabilize operations and transition into bankruptcy, the Debtor cannot satisfactorily prepare the Schedules and Statement within fourteen (14) days of the Petition Date as provided in Bankruptcy Rule 1007(c). 11. The Debtor recognizes the importance of the Schedules and Statement and is working diligently on preparing the Schedules and Statement to file them as quickly as possible. At the present time, it is anticipated that an additional fourteen (14) days will be sufficient to complete the Schedules and Statement. 12. Accordingly, the Debtor requests that the Court extend the deadline by which the Debtor must file the Schedules and Statement through and including December 13, 2018, which is twenty-eight (28) days after Petition Date, without prejudice to the Debtor s right to request further extensions of the deadline. 13. The relief requested in this Motion is in the best interest of the Debtor s estate and is not prejudicial to the rights of any party in interest in this case. NOTICE 14. Notice of this Motion will be provided to: (a) the Office of the United States Trustee for the District of Delaware; (b) the holders of the 20 largest unsecured claims against the Debtor on a consolidated basis; (c) counsel to the Agent and Prepetition Lenders; and (d) any party that has requested to be provided notice under Bankruptcy Rule 2002. Due to the nature of the relief request herein, the Debtor respectfully submits that no further notice of this motion is necessary. 4
Case 18-12622-MFW Doc 71 Filed 11/29/18 Page 5 of 5 CONCLUSION WHEREFORE, the Debtor respectfully requests that the Court enter an order, substantially in the form attached as Exhibit A, granting the relief requested in this Motion, and grant such other relief as is just and proper under the circumstances. Dated: November 29, 2018 Wilmington, Delaware MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Paige N. Topper Gregory W. Werkheiser (No. 3553) Daniel B. Butz (No. 4227) Paige N. Topper (No. 6470) 1201 N. Market Street, 16th Floor P.O. Box 1347 Wilmington, Delaware 19899-1347 Telephone: (302) 658-9200 Facsimile: (302) 658-3989 gwerkheiser@mnat.com dbutz@mnat.com ptopper@mnat.com Proposed Counsel to the Debtor and Debtor in Possession 5
Case 18-12622-MFW Doc 71-1 Filed 11/29/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re Oklahoma ProCure Management, LLC, Debtor. 1 Chapter 11 Case No. 18-12622 (MFW) Hearing Date: December 27, 2018 at 1:00 p.m. (ET) Objection Deadline: December 20, 2018 at 4:00 p.m. (ET) NOTICE OF DEBTOR S MOTION FOR ENTRY OF AN ORDER PURSUANT TO BANKRUPTCY RULE 1007(C) AND LOCAL RULE 1007-1 EXTENDING THE TIME TO FILE SCHEDULES OF ASSETS AND LIABILITIES AND STATEMENT OF FINANCIAL AFFAIRS PLEASE TAKE NOTICE that on November 29, 2018, the above-captioned debtor filed the Debtor s Motion for Entry of an Order Pursuant to Bankruptcy Rule 1007(c) and Local Rule 1007-1 Extending the Time to File Schedules of Assets and Liabilities and Statement of Financial Affairs (the Motion ). PLEASE TAKE FURTHER NOTICE that any party wishing to oppose the entry of an order granting the relief requested in the Motion must file a response or objection ( Objection ) if any, to the Motion with the Clerk of the United States Bankruptcy Court for the District of Delaware, 824 North Market Street, 3rd Floor, Wilmington, Delaware 19801 on or before December 20, 2018 at 4:00 p.m. (Eastern Time) (the Objection Deadline ). At the same time, you must serve such Objection upon the undersigned counsel for the Debtor so as to be received on or before the Objection Deadline. PLEASE TAKE FURTHER NOTICE that only objections made in writing and timely filed and received, in accordance with the procedures above, will be considered by the Bankruptcy Court at such hearing. PLEASE TAKE FURTHER NOTICE THAT A HEARING ON THE MOTION WILL BE HELD ON DECEMBER 27, 2018 AT 1:00 P.M. (EASTERN TIME) BEFORE THE HONORABLE MARY F. WALRATH AT THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE, 824 N. MARKET STREET, 5TH FLOOR, COURTROOM #4, WILMINGTON, DELAWARE 19801. 1 The Debtor in this case, along with the last four digits of the Debtor s federal EIN, is Oklahoma ProCure Management, LLC (9763). The Debtor s mailing address is 5901 W. Memorial Road, Oklahoma City, Oklahoma 73142.
Case 18-12622-MFW Doc 71-1 Filed 11/29/18 Page 2 of 2 IF YOU FAIL TO RESPOND IN ACCORDANCE WITH THIS NOTICE, THE COURT MAY GRANT THE RELIEF REQUESTED IN THE MOTION WITHOUT FURTHER NOTICE OR HEARING. Dated: November 29, 2018 Wilmington, Delaware MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Paige N. Topper Gregory W. Werkheiser (No. 3553) Daniel B. Butz (No. 4227) Paige N. Topper (No. 6470) 1201 N. Market Street, 16th Floor P.O. Box 1347 Wilmington, Delaware 19899-1347 Telephone: (302) 658-9200 Facsimile: (302) 658-3989 gwerkheiser@mnat.com dbutz@mnat.com ptopper@mnat.com Proposed Counsel to the Debtor and Debtor in Possession 12397602.1 2
Case 18-12622-MFW Doc 71-2 Filed 11/29/18 Page 1 of 3 EXHIBIT A Proposed Form of Order
Case 18-12622-MFW Doc 71-2 Filed 11/29/18 Page 2 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re Oklahoma ProCure Management, LLC, Debtor. 1 Chapter 11 Case No. 18-12622 (MFW) Re: D.I. ORDER PURSUANT TO BANKRUPTCY RULE 1007(c) AND LOCAL RULE 1007-1 EXTENDING THE TIME TO FILE SCHEDULES OF ASSETS AND LIABILITIES AND STATEMENT OF FINANCIAL AFFAIRS Upon consideration of the motion (the Motion ) 2 of the above-captioned debtor and debtor in possession (the Debtor ), for entry of an order (this Order ) pursuant to sections 105(a) and 541 of the Bankruptcy Code, Bankruptcy Rules 1007(c) and 9006(b) and Local Rule 1007-1, extending the time within which the Debtor must file the Schedules and Statement, all as more fully set forth in the Motion; and upon consideration of the First Day Declaration; and due and sufficient notice of the Motion having been given; and it appearing that no other further notice need be provided; and it appearing that the relief requested by this Motion is in the best interests of the Debtor, its estate, its creditors and other parties in interest; and after due deliberation and sufficient cause appearing therefor; IT IS HEREBY ORDERED: 1. The Motion is granted as set forth herein. 2. The deadline for the Debtor to file the Schedules and Statement is extended through and including December 13, 2018. 1 2 The Debtor in this case, along with the last four digits of the Debtor s federal EIN, is Oklahoma ProCure Management, LLC (9763). The Debtor s mailing address 5901 W. Memorial Rd., Oklahoma City, Oklahoma 73142. Capitalized terms not defined in this Order are defined in the Motion.
Case 18-12622-MFW Doc 71-2 Filed 11/29/18 Page 3 of 3 3. This Order shall be without prejudice to the Debtor s ability to seek a further extension. 4. The Debtor is authorized and empowered to take all actions necessary to implement the relief granted in this Order. 5. Notwithstanding any Bankruptcy Rule to the contrary, this Order shall be immediately effective and enforceable upon its entry. 6. This Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation or enforcement of this Order. Dated:, 2018 Wilmington, Delaware THE HONORABLE MARY F. WALRATH UNITED STATES BANKRUPTCY JUDGE 2