Case 13-34483-GMB Doc 539 Filed 10/08/14 Entered 10/08/14 11:49:26 Desc Main Document Page 1 of 2 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-2 KLEHR HARRISON HARVEY BRANZBURG, LLP 457 Haddonfield Road, Suite 510 Cherry Hill, NJ 08002 Telephone: (856) 486-7900 Facsimile: (856) 486-4875 Morton R. Branzburg, Esquire Carol Ann Slocum, Esquire Richard M. Beck, Esquire Attorneys for Alfred T. Giuliano, as Liquidation Trustee In re: Chapter 11 RIH ACQUISITIONS, NJ, LLC, et al., 1 Debtors. Case No. 13-34483 (GMB) Jointly Administered Hearing Date: 11/3/2014 @ 10:00 a.m. NOTICE OF MOTION OF LIQUIDATION TRUSTEE FOR ORDER EXTENDING TIME TO FILE OBJECTIONS TO CLAIMS PLEASE TAKE NOTICE that on November 3, 2014 at 10:00 a.m., or as soon thereafter as counsel may be heard, Alfred T. Giuliano, in his capacity as Liquidation Trustee and Debtor Representative (the Trustee ) for the bankruptcy estate of the captioned debtor, RIH Acquisitions, NJ, LLC (the Debtor ), by and through his undersigned counsel, will move (the Motion ) in Courtroom 4C at the United States Bankruptcy Court, Mitchell H. Cohen U.S. Courthouse, 400 Cooper Street, 4 th Floor, Camden, New Jersey 08101 for the entry of an order, pursuant to sections 105 and 502 of title 11 of the United States Code (the Bankruptcy Code ) and Rules 3007 and 9006 of the Federal Rules of Bankruptcy Procedure, extending the time within which the Trustee may file objections to the allowance of claims against the Debtor or the 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number are: RIH Acquisitions NJ, LLC d/b/a The Atlantic Club Casino Hotel (1695) and RIH Propco NJ, LLC (5454). PHIL1 3870464v.1 1
Case 13-34483-GMB Doc 539 Filed 10/08/14 Entered 10/08/14 11:49:26 Desc Main Document Page 2 of 2 Debtor s estate by a period of 120 days through and including March 11, 2015. PLEASE TAKE FURTHER NOTICE that the Trustee will rely upon the application in support of the Motion submitted herewith. A proposed form of order is also submitted herewith. Oral argument is requested in the event that any objections are timely filed. PLEASE TAKE FURTHER NOTICE that objections, if any, to the Motion shall conform with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules, and pursuant to Local Bankruptcy Rule 9013-1(d), shall be filed with the Bankruptcy Court by and served upon the undersigned so as to be received no later than March 4, 2015. In the event that no objections are filed, the relief requested in the Motion may be granted. KLEHR HARRISON HARVEY BRANZBURG LLP By: /s/ Carol Ann Slocum Carol Ann Slocum Attorneys for Alfred T. Guiliano as Liquidation Trustee PHIL1 3870464v.1 2
Case 13-34483-GMB Doc 539-1 Filed 10/08/14 Entered 10/08/14 11:49:26 Desc Application in Support of Motion of Liquidation Trustee for Order Extending Time Page 1 of 4 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-2 KLEHR HARRISON HARVEY BRANZBURG, LLP 457 Haddonfield Road, Suite 510 Cherry Hill, NJ 08002 Telephone: (856) 486-7900 Facsimile: (856) 486-4875 Morton R. Branzburg, Esquire Carol Ann Slocum, Esquire Richard M. Beck, Esquire Attorneys for Alfred T. Giuliano, as Liquidation Trustee In re: Chapter 11 RIH ACQUISITIONS, NJ, LLC, et al., 1 Debtors. Case No. 13-34483 (GMB) Jointly Administered Hearing Date: 11/3/2014 @ 10:00 a.m. APPLICATION IN SUPPORT OF MOTION OF LIQUIDATION TRUSTEE FOR ORDER FURTHER EXTENDING TIME TO FILE OBJECTIONS TO CLAIMS Alfred T. Giuliano, in his capacity as Liquidation Trustee and Debtor Representative (the Trustee ) for the bankruptcy estate of RIH Acquisitions, NJ, LLC (the Debtor ), submits this application in support of his motion (the Motion ) for the entry of an order, pursuant to sections 105 and 502 of title 11 of the United States Code (the Bankruptcy Code ), and Rules 3007 and 9006 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), extending the time within which the Trustee may file objections to the allowance of claims against the Debtor or the Debtor s estate ( Claims 2 ) by a period of 120 days, through and including March 11, 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number are: RIH Acquisitions NJ, LLC d/b/a The Atlantic Club Casino Hotel (1695) and RIH Propco NJ, LLC (5454). 2 As used herein, the term Claims is defined as broadly as possible to also include, without limitation, the meaning of the term Claim as such term is defined in the Joint Plan of Orderly Liquidation in addition to the meaning of the term claim as such term is defined in section 101(5) of the Bankruptcy Code. PHIL1 3871362v.1 1
Case 13-34483-GMB Doc 539-1 Filed 10/08/14 Entered 10/08/14 11:49:26 Desc Application in Support of Motion of Liquidation Trustee for Order Extending Time Page 2 of 4 2015. In support of the Motion, the Trustee respectfully represents as follows: BACKGROUND 3 1. On November 6, 2013 (the Petition Date ), the Debtor filed with this Court a voluntary petition for relief under chapter 11 of the Bankruptcy Code. 2. Prior to May 15, 2014, the Effective Date of the Joint Plan of Orderly Liquidation for the Debtor (the Plan ), the Debtor managed its property and affairs as a debtor-in-possession pursuant to sections 1107(a) and 1008 of the Bankruptcy Code. No trustee or examiner was appointed in this case. 3. On April 14, 2014, this Court entered an order confirming the Plan (the Confirmation Order ). As set forth in 3 above, the Effective Date (as defined in the Plan) of the Plan was May 15, 2014. 4. Among other things, the Plan appointed the Trustee and granted him the standing, right, and authority to object to claims against the Debtor s estate. See Plan, Article V.5. 5. The Plan provides that the last day to object to Claims is one hundred eighty (80) days after the Effective Date, as the same may be from time to time extended by agreement between the holder of a claim and the Liquidating Trust with respect to such holder s claim or by order of the Bankruptcy Court. Plan, Article I.2(r). 6. The Trustee hereby seeks a further extension of the deadline to object to Claims for 120, through and including March 11, 2015. JURISDICTION AND VENUE 7. The Court has jurisdiction to consider the Motion pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b). 3 All capitalized terms otherwise undefined in this motion shall have the meanings ascribed to them in the Plan. PHIL1 3871362v.1 2
Case 13-34483-GMB Doc 539-1 Filed 10/08/14 Entered 10/08/14 11:49:26 Desc Application in Support of Motion of Liquidation Trustee for Order Extending Time Page 3 of 4 8. Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. RELIEF REQUESTED 9. The Trustee respectfully requests the entry of an order, pursuant to sections 105 and 502 of the Bankruptcy Code and Bankruptcy Rules 3007 and 9006, extending the time within which the Trustee may file objections to the allowance of Claims by 120 days, through and including March 11, 2015. 10. Approximately 370 proofs of claim have been filed in this case, and the Debtor included approximately 500 additional Claims in its schedules. The face amount of the claims is approximately $140 million. The Trustee has begun a detailed review of these Claims and needs additional time to reconcile the claims. 11. Although the Trustee has worked diligently since the effective date of the Plan, an extension of the time to object to the allowance of Claims is necessary to grant the Trustee sufficient time to continue to review, assess, resolve, and object to the Claims filed against the Debtor s estate. 12. In addition to the foregoing, certain claimants whose Claims have not yet been resolved may become the subject of adversary proceedings to recover preferential transfers. Their Claims, which will be subject to section 502(d) of the Bankruptcy Code, cannot be fully resolved until the conclusion of their respective adversary proceedings, and could factor into negotiations regarding the adversary proceedings or be addressed in global settlements with the claimant-defendants. The Trustee therefore requests that the extension of time also be granted to allow for the Trustee to fully investigate potential adversary proceedings. 13. This extension is not sought for purposes of delay and should not prejudice any claimants or interested parties. The Trustee reserves the right to seek further extensions of the deadline to object to Claims and other deadlines upon motion filed with the Court. PHIL1 3871362v.1 3
Case 13-34483-GMB Doc 539-1 Filed 10/08/14 Entered 10/08/14 11:49:26 Desc Application in Support of Motion of Liquidation Trustee for Order Extending Time Page 4 of 4 NO PRIOR REQUEST 14. Except as set forth herein, no previous request for the relief sought herein has been made to this or any other Court. WHEREFORE, the Trustee respectfully requests that the Court enter an order substantially in the form of the proposed order submitted herewith extending the time within which the Trustee may file objections to the allowance of Claims by 120 days, through and including March 11, 2015, and such other and further relief as the Court may deem just and proper. Dated: October 8, 2014 KLEHR HARRISON HARVEY BRANZBURG LLP By: /s/ Carol Ann Slocum Carol Ann Slocum Attorneys for Alfred T. Guiliano as Liquidation Trustee PHIL1 3871362v.1 4
Case 13-34483-GMB Doc 539-2 Filed 10/08/14 Entered 10/08/14 11:49:26 Desc Proposed Order Page 1 of 2 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-2 KLEHR HARRISON HARVEY BRANZBURG, LLP 457 Haddonfield Road, Suite 510 Cherry Hill, NJ 08002 Telephone: (856) 486-7900 Facsimile: (856) 486-4875 Morton R. Branzburg, Esquire Carol Ann Slocum, Esquire Richard M. Beck, Esquire Attorneys for Alfred T. Giuliano, as Liquidation Trustee In re: Chapter 11 RIH ACQUISITIONS, NJ, LLC, et al., 1 Debtors. Case No. 13-34483 (GMB) Jointly Administered Hearing Date: 11/3/2014 @ 10:00 a.m. ORDER GRANTING MOTION OF LIQUIDATION TRUSTEE FOR ORDER EXTENDING TIME TO FILE OBJECTIONS TO CLAIMS The relief set forth on the following page number two (2) is hereby ORDERED. 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number are: RIH Acquisitions NJ, LLC d/b/a The Atlantic Club Casino Hotel (1695) and RIH Propco NJ, LLC (5454). PHIL1 3870460v.1
Case 13-34483-GMB Doc 539-2 Filed 10/08/14 Entered 10/08/14 11:49:26 Desc Proposed Order Page 2 of 2 Debtor: RIH Acquisitons, NJ, LLC Case No.: 13-34483 (GMB) Caption of Order: Order Granting Motion of Liquidation Trustee for Order Extending Time to File Objections to Claims This matter having been raised to this Court by motion of Alfred T. Giuliano, in his capacity as Liquidation Trustee and Debtor Representative (the Trustee ) for the bankruptcy estate of RIH Acquisitions, NJ, LLC (the Debtor ), for the entry of an order, pursuant to sections 105 and 502 of title 11 of the United States Code and Rules 3007 and 9006 of the Federal Rules of Bankruptcy Procedure, extending the time within which the Trustee may file objections to the allowance of claims against the Debtor or the Debtor s estate (as defined in the application in support of the Motion, Claims ) by a period of 120 days through and including March 11, 2015; and this Court having jurisdiction to consider the relief requested thereby under 28 U.S.C. 157 and 1334; and this matter being a core proceeding under 28 U.S.C. 157(b); and adequate notice of the Motion having been given and no other or further notice being necessary; and this Court having considered the Motion, its supporting materials, and all responses thereto, if any; and after due deliberation thereon; and good and sufficient cause appearing therefor, it is hereby: ORDERED that the last date for the Trustee to file objections to Claims under the Joint Plan of Orderly Liquidation (the Plan ) is extended through and including March 11, 2015; and it is further ORDERED that any deadline in the Plan inconsistent with the foregoing extension is extended concomitantly; and it is further ORDERED that this order is without prejudice to the right of the Trustee to seek further extensions of the time to object to Claims upon motion filed with the Court. PHIL1 3870460v.1 2