Case 17-10805-LSS Doc 579 Filed 02/19/19 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: UNILIFE CORPORATION, et al., 1 Debtors. Chapter 11 Case No. 17-10805 (LSS) Jointly Administered RE: D.I. 540, 565 CERTIFICATION OF COUNSEL REGARDING FOURTH OMNIBUS OBJECTION (NON-SUBSTANTIVE) OF LARRY WASLOW, THE LIQUIDATING TRUSTEE, TO CERTAIN PROOFS OF CLAIM (LATE FILED CLAIMS, AMENDED AND SUPERSEDED CLAIMS, DUPLICATE CLAIMS, SHAREHOLDER CLAIMS, AND DEFICIENT CLAIMS) The undersigned certifies as follows: 1. On December 24, 2018, Larry Waslow, the Liquidating Trustee (the Liquidating Trustee ) for the Unilife Creditors Liquidation Trust (the Liquidating Trust ) appointed in the above-captioned proceedings of Unilife Corporation, et al., filed the Fourth Omnibus Objection (Non-Substantive) of Larry Waslow, the Liquidating Trustee to Certain Proofs of Claim (Late Filed Claims, Amended and Superseded Claims, Duplicate Claims, Shareholder Claims, and Deficient Claims) (the Objection ) [D.I. 540] 2. Counsel for the Liquidating Trustee received informal comments from counsel for Wells Fargo Vendor Financial Services LLC. The Pennsylvania Department of Revenue filed the Response of the Commonwealth of Pennsylvania, Department of Revenue to Liquidating Trustee s Fourth Omnibus Objection to Claims [D.I. 565], with respect to the Objection. The parties agreed to continue this matter with respect to those two creditors until the next omnibus hearing date. 1 The Debtors in these Chapter 11 cases are the following entities (the last four digits of each Debtor s respective federal tax identification number, if any, follow in parentheses): Unilife Corporation (9354), Unilife Medical Solutions, Inc. (9944), Unilife Cross Farm LLC (3994).
Case 17-10805-LSS Doc 579 Filed 02/19/19 Page 2 of 3 3. Pursuant to the Amended Certification of Counsel Regarding, Fourth Omnibus Objection (Non-Substantive) of Larry Waslow, the Liquidating Trustee to Certain Proofs of Claim (Late Filed Claims, Amended and Superseded Claims, Duplicate Claims, Shareholder Claims, and Deficient Claims) [D.I. 565] (the Certification of Counsel ), counsel to the Liquidating Trustee submitted a revised proposed form of order, removing the proposed treatment of Wells Fargo Financial Services LLC and the Pennsylvania Department of Revenue. 4. On February 13, 2019, a hearing was held on the Objection. 5. Counsel to the Liquidating Trustee has further revised the proposed form of order (the Revised Order ) to remove certain claims scheduled by the Debtors on behalf of Balda Medical Gmbh & Co. KG, the Commonwealth of Pennsylvania and PNC Bank, (the Scheduled Claims ). The Scheduled Claims will be addressed in a forthcoming Notice of Amended Schedules. A true and correct copy of the Revised Order removing the proposed treatment of Wells Fargo Financial Services LLC and the Pennsylvania Department of Revenue as well as Scheduled Claims is attached hereto as Exhibit 1. A red-line version of the Revised Order that shows the changes to the proposed form of order submitted with the Objection is attached hereto as Exhibit 2. 6. Pursuant to the Notice, responses to the Objection were to be filed and served no later than February 6, 2019, at 4:00 p.m. (EST). 7. Accordingly, the Liquidating Trustee respectfully requests that the Court enter the Proposed Order, attached hereto as Exhibit 1, at the earliest convenience of the Court. (Signature page to follow) 2
Case 17-10805-LSS Doc 579 Filed 02/19/19 Page 3 of 3 Dated: February 19, 2019 GELLERT SCALI BUSENKELL & BROWN, LLC /s/amy D. Brown Ronald S. Gellert (DE 4259) Amy D. Brown (DE 4077) 1201 N. Orange Street, Suite 300 Wilmington, DE 19801 Telephone: (302) 425-5800 Fax: (302) 425-5814 Email: rgellert@gsbblaw.com Email: abrown@gsbblaw.com Counsel to the Liquidating Trustee 3
Case 17-10805-LSS Doc 579-1 Filed 02/19/19 Page 1 of 5 EXHIBIT 1
Case 17-10805-LSS Doc 579-1 Filed 02/19/19 Page 2 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: UNILIFE CORPORATION, et al., 1 Debtors. Chapter 11 Case No. 17-10805 (LSS) Jointly Administered D.I. 540 ORDER GRANTING FOURTH OMNIBUS OBJECTION (NON-SUBSTANTIVE) OF LARRY WASLOW, AS LIQUIDATING TRUSTEE, TO CERTAIN PROOFS OF CLAIM (LATE FILED CLAIMS, AMENDED AND SUPERSEDED CLAIMS, DUPLICATE CLAIMS, SHAREHOLDER CLAIMS, AND DEFICIENT CLAIMS) Upon the Fourth Omnibus Objection (Substantive) of Larry Waslow, as the Liquidating Trustee, to Certain Proofs of Claim (Late Filed Claims, Amended and Superseded Claims, Duplicate Claims, Shareholder Claims, and Deficient Claims) (the Objection ) 2 of Larry Waslow, at the Liquidating Trustee (the Liquidating Trustee ) for the Unilife Creditors Liquidation Trust (the Liquidating Trust ) appointed in the above-captioned proceedings of Unilife Corporation, et al., and the Liquidating Trustee s request for entry of an order (this Order ) disallowing, expunging, and/or reassigning the Disputed Claims identified on Schedule 1 attached hereto, pursuant to section 502 of the Bankruptcy Code, Bankruptcy Rules 3007 and 90104, and Local Rules 3007-1 and 9016-1(d), all as more fully set forth in the Objection; and this Court having jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334 and the 1 The Debtors in these chapter 11 cases and the last four digits of each Debtor s taxpayer identification number are as follows: Unilife Corporation (9354), Unilife Medical Solutions, Inc. (9944), and Unilife Cross Farm LLC (3994). The Debtors corporate headquarters and the mailing address for each Debtor is 250 Cross Farm Lane, York, PA 17406. 2 Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Objection.
Case 17-10805-LSS Doc 579-1 Filed 02/19/19 Page 3 of 5 Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated February 29, 2012; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and that this Court may enter a final order consistent with Article III of the United States Constitution; and this Court having found that venue of this proceeding and the Objection in this district is proper pursuant to 28 U.S.C. 1408 and 1409; and this Court having found that the relief requested in the Objection is in the best interests of the Debtors estates, their creditors, and other parties in interest; and this Court having found that the Liquidating Trustee s notice of the Objection and opportunity for a hearing on the Objection were appropriate and no other notice need be provided; and this Court having reviewed the Objection and the Waslow Declaration and having heard the statements in support of the relief requested therein at a hearing before this Court (the Hearing ); and this Court having determined that the legal and factual bases set forth in the Objection and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefore, it is HEREBY ORDERED THAT: 1. The Objection is granted as set forth herein. 2. Any response to the Objection not otherwise withdrawn, resolved, or adjourned is hereby overruled on its merits. 3. The Deficient Claims identified on Schedule 1 attached hereto are disallowed and expunged in their entirety. 4. Rust/Omni is authorized to update the claims register to reflect the relief granted in this Order.
Case 17-10805-LSS Doc 579-1 Filed 02/19/19 Page 4 of 5 5. Each Disputed Claim and the objections by the Liquidating Trustee to such Disputed Claims, as addressed in the Objection and set forth on Schedule 1 attached hereto, constitute a separate contested matter as contemplated by Bankruptcy Rule 9014. This Order shall be deemed a separate Order with respect to each Disputed Claim. Any stay of this Order pending appeal by any claimant whose Disputed Claim is subject to this Order shall only apply to the contested mater which involves such Disputed Claim and shall not act to stay the applicability or finality of this Order with respect to the other contested matters identified in this Objection or this Order. 6. The terms and conditions of this Order shall be immediately effective and enforceable upon its entry. 7. The Liquidating Trustee is authorized to take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Objection. 8. This Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order.
Case 17-10805-LSS Doc 579-1 Filed 02/19/19 Page 5 of 5 Schedule 1 Name of Claimant AIG Property Casualty, Inc. Claim Number Total Claim Amount Reason for Disallowance 40 Not specified There is insufficient documentation to support the claim.
Case 17-10805-LSS Doc 579-2 Filed 02/19/19 Page 1 of 6 EXHIBIT 2
Case 17-10805-LSS Doc 579-2 Filed 02/19/19 Page 2 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: UNILIFE CORPORATION, et al., 1 Debtors. Chapter 11 Case No. 17-10805 (LSS) Jointly Administered D.I.. 540 ORDER GRANTING FOURTH OMNIBUS OBJECTION (NON-SUBSTANTIVE) OF LARRY WASLOW, AS LIQUIDATING TRUSTEE, TO CERTAIN PROOFS OF CLAIM (LATE FILED CLAIMS, AMENDED AND SUPERSEDED CLAIMS, DUPLICATE CLAIMS, SHAREHOLDER CLAIMS, AND DEFICIENT CLAIMS) Upon the Fourth Omnibus Objection (Substantive) of Larry Waslow, as the Liquidating Trustee, to Certain Proofs of Claim (Late Filed Claims, Amended and Superseded Claims, Duplicate Claims, Shareholder Claims, and Deficient Claims) (the Objection ) 2 of Larry Waslow, at the Liquidating Trustee (the Liquidating Trustee ) for the Unilife Creditors Liquidation Trust (the Liquidating Trust ) appointed in the above-captioned proceedings of Unilife Corporation, et al., and the Liquidating Trustee s request for entry of an order (this Order ) disallowing, expunging, and/or reassigning the Disputed Claims identified on Schedules 11-5 attached hereto, pursuant to section 502 of the Bankruptcy Code, Bankruptcy Rules 3007 and 90104, and Local Rules 3007-1 and 9016-1(d), all as more fully set forth in the Objection; and this Court having jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1 The Debtors in these chapter 11 cases and the last four digits of each Debtor s taxpayer identification number are as follows: Unilife Corporation (9354), Unilife Medical Solutions, Inc. (9944), and Unilife Cross Farm LLC (3994). The Debtors corporate headquarters and the mailing address for each Debtor is 250 Cross Farm Lane, York, PA 17406. 2 Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Objection.
Case 17-10805-LSS Doc 579-2 Filed 02/19/19 Page 3 of 6 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated February 29, 2012; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and that this Court may enter a final order consistent with Article III of the United States Constitution; and this Court having found that venue of this proceeding and the Objection in this district is proper pursuant to 28 U.S.C. 1408 and 1409; and this Court having found that the relief requested in the Objection is in the best interests of the Debtors estates, their creditors, and other parties in interest; and this Court having found that the Liquidating Trustee s notice of the Objection and opportunity for a hearing on the Objection were appropriate and no other notice need be provided; and this Court having reviewed the Objection and the Waslow Declaration and having heard the statements in support of the relief requested therein at a hearing before this Court (the Hearing ); and this Court having determined that the legal and factual bases set forth in the Objection and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefore, it is HEREBY ORDERED THAT: 1. The Objection is granted as set forth herein. 2. Any response to the Objection not otherwise withdrawn, resolved, or adjourned is hereby overruled on its merits. 3. The Duplicate Claims identified on Schedule 1 attached hereto are disallowed and expunged in their entirety. 4.3. The Deficient Claims identified on Schedule 12 attached hereto are disallowed and expunged in their entirety.
Case 17-10805-LSS Doc 579-2 Filed 02/19/19 Page 4 of 6 5.4. Rust/Omni is authorized to update the claims register to reflect the relief granted in this Order. 6.5. Each Disputed Claim and the objections by the Liquidating Trustee to such Disputed Claims, as addressed in the Objection and set forth on Schedules 1 & 2 attached hereto, constitute a separate contested matter as contemplated by Bankruptcy Rule 9014. This Order shall be deemed a separate Order with respect to each Disputed Claim. Any stay of this Order pending appeal by any claimant whose Disputed Claim is subject to this Order shall only apply to the contested mater which involves such Disputed Claim and shall not act to stay the applicability or finality of this Order with respect to the other contested matters identified in this Objection or this Order. 7.6. The terms and conditions of this Order shall be immediately effective and enforceable upon its entry. 8.7. The Liquidating Trustee is authorized to take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Objection. 9.8. This Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order.
Case 17-10805-LSS Doc 579-2 Filed 02/19/19 Page 5 of 6 Schedule 1 Name of Claimant Remaining Claim Number Duplicate Claim to Be Disallowed Claim Amount Reason for Disallowance Commonwealth of Pennsylvania 4 (Unilife Medical Solutions, Inc.) S9102 (Unilife Medical Solutions, Inc.) $300,003.41 Claim no. S9102 is a cross-debtor duplicate of claim no. 4
Case 17-10805-LSS Doc 579-2 Filed 02/19/19 Page 6 of 6 Name of Claimant AIG Property Casualty, Inc. Balda Medical Gmbh & Co. KG Commonwealth of PA Financing Authority Pennsylvania Department of Schedule 12 Claim Number Total Claim Amount Reason for Disallowance 40 Not specified There is insufficient documentation to support the claim. S8641 Not Specified There is insufficient documentation to support the claim. S8500 $1,933,252.00 There is insufficient documentation to support the claim. 4 $243,088.24 (Priority) $56,909.96 (Unsecured) There is insufficient documentation to support the claim. Revenue PNC Bank S8766 $38,810.72 There is insufficient documentation to support the claim. Wells Fargo Vendor Financial Services LLC 48 $38,352.78 There is insufficient documentation to support the claim.