Case 15-12080-KG Doc 1444 Filed 01/19/18 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) Related Docket No.: 1440 CERTIFICATE OF NO OBJECTION REGARDING MALIBU CREDITORS LIQUIDATING TRUST S MOTION FOR ENTRY OF AN ORDER TERMINATING CERTAIN OF THE RESPONSIBILITIES OF THE CLAIMS AGENT On January 3, 2018, Fred Stevens, in his capacity as liquidation trustee (the Liquidation Trustee ) of the Malibu Creditors Liquidating Trust, by and through his undersigned counsel, filed the Malibu Creditors Liquidating Trust s Motion for Entry of an Order Terminating Certain of the Responsibilities of the Claims Agent [Docket No. 1440] (the Motion ) with the United States Bankruptcy Court for the District of Delaware, 824 N. Market Street, 3rd Floor, Wilmington, Delaware 19801 (the Court ). The notice appended to the Motion established a deadline of January 17, 2018 at 4:00 p.m. (prevailing Eastern Time) for filing and service of objections or responses to the Motion. The undersigned hereby certifies that she has received no formal or informal objection or response to the Motion. The undersigned further certifies that she has caused a review of the Court s docket in these cases and no objection or response to the Motion appears thereon. 1 The Debtors, together with the last four digits of each Debtor s tax identification number, are: Malibu Lighting Corporation (8205) ( MLC ); Outdoor Direct Corporation (9246) f/k/a The Brinkmann Corporation ( ODC ); National Consumer Outdoors Corporation (1153) f/k/a Dallas Manufacturing Company, Inc. ( NCOC ); 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. 151850.01600/106526732v.1
Case 15-12080-KG Doc 1444 Filed 01/19/18 Page 2 of 2 Accordingly, the Liquidating Trustee respectfully requests entry of the proposed form of order attached hereto as Exhibit 1 (which is identical to the form of proposed order filed with the Motion) at the earliest convenience of the Court. Date: January 19, 2018 Wilmington, Delaware 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 -and- 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 Co-Counsel to the Liquidation Trustee and the Malibu Creditors Liquidating Trust 151850.01600/106526732v.1-2-
Case 15-12080-KG Doc 1444-1 Filed 01/19/18 Page 1 of 3 EXHIBIT 1 Proposed Order
Case 15-12080-KG Doc 1444-1 Filed 01/19/18 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) Related Docket No.: ORDER GRANTING MALIBU CREDITORS LIQUIDATING TRUST S MOTION FOR ENTRY OF AN ORDER TERMINATING CERTAIN OF THE RESPONSIBILITIES OF THE CLAIMS AGENT Upon consideration of the motion (the Motion ) seeking entry of an order (this Order ) terminating certain of the responsibilities of Kurtzman Carson Consultants, LLC ( KCC ), the claims agent appointed in these Chapter 11 Cases 2, and all pleadings related thereto; and it appearing that (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334, (b) this matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2), and (c) notice of the Motion was due and proper under the circumstances; the Court having considered the Motion and any responses to the Motion; it appearing that the relief requested in the Motion is appropriate; and upon the record herein and after due deliberation, and good and sufficient cause appearing therefor; it is HEREBY ORDERED THAT: 1. The Motion is granted as set forth herein. 1 The Debtors, together with the last four digits of each Debtor s tax identification number, are: Malibu Lighting Corporation (8205) ( MLC ); Outdoor Direct Corporation (9246) f/k/a The Brinkmann Corporation ( ODC ); National Consumer Outdoors Corporation (1153) f/k/a Dallas Manufacturing Company, Inc. ( NCOC ); 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 not otherwise defined herein shall have the meaning ascribed to them in the Motion.
Case 15-12080-KG Doc 1444-1 Filed 01/19/18 Page 3 of 3 2. Pursuant to Rule 2002-1(f)(ix) of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware: (I) within thirty (30) days of the entry of this Order, KCC shall forward to the Clerk of the Court and the Trustee: (a) an updated claims register, (b) a CD of all imaged claims, and (c) an excel spreadsheet containing all claims information, along with an updated 2002 list and updated creditor mailing list, which shall contain the names and addresses of all creditors; (II) the claims register, 2002 list, and creditor mailing list shall be provided in both paper and on disc, and in both alphabetical and numerical order; (III) the creditor mailing list disk and the 2002 list disk should be in.txt format; and (IV) KCC shall box and transport all original claims to the Philadelphia Federal Records Center, 14700 Townsend Road, Philadelphia, Pennsylvania 19154. 3. Upon its so doing, KCC may terminate its database related to the Chapter 11 Cases, and shall be released from its responsibilities as claims agent in the Chapter 11 Cases. Notwithstanding the relief granted herein, KCC shall continue to maintain the Case Website. 4. KCC shall be paid by the Trust under the terms of its retention in the Chapter 11 Cases for the performance of all services hereunder and prior to the effective date of this Order. 5. All time periods set forth in this Order shall be calculated in accordance with Bankruptcy Rule 9006(a). Dated:, 2018 Wilmington, Delaware THE HONORABLE KEVIN GROSS UNITED STATES BANKRUPTCY JUDGE -2-