17-10751-mew Doc 1212 Filed 08/22/17 Entered 08/22/17 15:11:30 Main Document Pg 1 of 6 CHIESA SHAHINIAN & GIANTOMASI PC One Boland Drive West Orange, New Jersey 07052 Telephone: (973) 325-1500 Facsimile: (973) 325-1501 Scott A. Zuber, Esq. (szuber@csglaw.com) Attorneys for American Home Assurance Company; The Insurance Company of the State of Pennsylvania; and National Union Fire Insurance Company of Pittsburgh, P.A. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: WESTINGHOUSE ELECTRIC COMPANY LLC, et al., Debtors. 1 Chapter 11 Case No. 17-10751 (MEW) (Jointly Administered) APPLICATION OF AMERICAN HOME ASSURANCE COMPANY, THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A. TO SHORTEN NOTICE PERIOD WITH RESPECT TO THEIR MOTION FOR AN ORDER GRANTING THEM: (I) RELIEF FROM THE AUTOMATIC STAY, FOR CAUSE, PURSUANT TO 11 U.S.C. 362(d) TO CANCEL CERTAIN PRE-PETITION SURETY BONDS AND WAIVING THE STAY OF FED. R. BANKR. P. 4001(a)(3); AND (II) SUCH OTHER OR FURTHER RELIEF AS MAY BE APPROPRIATE 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are: Westinghouse Electric Company LLC (0933), CE Nuclear Power International, Inc. (8833), Fauske and Associates LLC (8538), Field Services, LLC (2550), Nuclear Technology Solutions LLC (1921), PaR Nuclear Holding Co., Inc. (7944), PaR Nuclear, Inc. (6586), PCI Energy Services LLC (9100), Shaw Global Services, LLC (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster International Inc. (1586), Stone & Webster Services LLC (5448), Toshiba Nuclear Energy Holdings (UK) Limited (N/A), TSB Nuclear Energy Services Inc. (2348), WEC Carolina Energy Solutions, Inc. (8735), WEC Carolina Energy Solutions, LLC (2002), WEC Engineering Services Inc. (6759), WEC Equipment & Machining Solutions, LLC (3135), WEC Specialty LLC (N/A), WEC Welding and Machining, LLC (8771), WECTEC Contractors Inc. (4168), WECTEC Global Project Services Inc. (8572), WECTEC LLC (6222), WECTEC Staffing Services LLC (4135), Westinghouse Energy Systems LLC (0328), Westinghouse Industry Products International Company LLC (3909), Westinghouse International Technology LLC (N/A), and Westinghouse Technology Licensing Company LLC (5961). The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066. 6940780.1
17-10751-mew Doc 1212 Filed 08/22/17 Entered 08/22/17 15:11:30 Main Document Pg 2 of 6 TO THE HONORABLE MICHAEL E. WILES, UNITED STATES BANKRUPTCY JUDGE: American Home Assurance Company, The Insurance Company of the State of Pennsylvania, and National Union Fire Insurance Company of Pittsburgh, P.A. (each a member company of American International Group and, collectively, AIG or the Surety ), by and through their undersigned attorneys, file this application (the Application to Shorten ) for an order pursuant to Rule 9006(c) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ) and Local Bankruptcy Rules 9006-1(b) and 9077-1(a) of the United States Bankruptcy Court for the Southern District of New York (the Local Rules ), shortening the notice period with respect to AIG s Motion for an Order Granting them: (I) Relief from the Automatic Stay, For Cause, Pursuant to 11 U.S.C. 362(d), to Cancel Certain Outstanding Pre-Petition Surety Bonds and Waiving the Stay of Fed. R. Bankr. P. 4001(a)(3); and (II) Such Other or Further Relief As May Be Appropriate (the Lift Stay Motion ). In support of the Application to Shorten, AIG respectfully states as follows: JURISDICTION, VENUE, & STATUTORY PREDICATES 1. This Court has jurisdiction to consider this matter pursuant to 28 U.S.C. 157 and 1334. This Application is a core proceeding pursuant to 28 U.S.C. 157(b). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. The statutory predicates for the relief requested herein are Bankruptcy Rule 9006(c) and Local Bankruptcy Rules 9006-1(b) and 9077-1(a). BACKGROUND 1. On March 29, 2017 (the Petition Date ), the Debtors each filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the Bankruptcy Code ) in the United States Bankruptcy Court for the Southern District of New York (the 2 6940780.1
17-10751-mew Doc 1212 Filed 08/22/17 Entered 08/22/17 15:11:30 Main Document Pg 3 of 6 Bankruptcy Court ). The Debtors are operating their businesses as debtors-in-possession, pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been appointed in the Debtors cases. (Declaration of Scott A. Zuber, attached hereto as Exhibit B, the Zuber Dec., at 2). 2. The Debtors chapter 11 cases are being jointly administered for procedural purposes only pursuant to Rule 1015(b) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ). (Id. 3). 3. On April 7, 2017, the United States Trustee for the Southern District of New York appointed the Official Committee of Unsecured Creditors. (Id. 4). 4. On August 16, 2017, the Debtors filed a motion pursuant to 11 U.S.C. 363 and 364 and Fed. R. Bankr. P. 4001 and 6003 for authority to continue and renew their surety bond program (the Surety Program Motion ). [Dkt. No. 1162]. (Id. 5). 5. On August 22, 2017, AIG filed the Lift Stay Motion for an order vacating the automatic stay (to the extent the stay is applicable) so that AIG may cancel (in accordance with applicable non-bankruptcy law) twenty-six (26) pre-petition surety bonds that are outstanding in the aggregate penal sum of $16.9 million (the Bonds ). AIG issued the Bonds at the request and on behalf of certain pre-petition entities that are now Debtors in this matter. AIG filed the Lift Stay Motion because AIG is unwilling to continue extending surety credit to the Debtors during these bankruptcy proceedings. (Id. 6). 6. A hearing on the Debtors Surety Program Motion is scheduled for September 7, 2017 (the Hearing ). AIG intends to object to the relief requested in the Surety Program Motion (by the objection deadline of August 31, 2017), for reasons consistent with the arguments set forth in the Lift Stay Motion. (Id. 7). 3 6940780.1
17-10751-mew Doc 1212 Filed 08/22/17 Entered 08/22/17 15:11:30 Main Document Pg 4 of 6 RELIEF REQUESTED 7. AIG seeks to shorten the period for notice of the hearing on the Lift Stay Motion so that this Court may consider the relief requested therein on an expedited basis and at the same Hearing scheduled for Debtor s Surety Program Motion. Similar legal and factual issues form the basis of both the Surety Program Motion filed by Debtors and the Lift Stay Motion filed by AIG. As a matter of judicial economy, therefore, the parties should have the same briefing schedule and the Court should consider the intertwined issues at the same Hearing scheduled for September 7, 2017. (Id. 8). AIG proposes that responses, if any, to the Lift Stay Motion be filed by August 31, 2017 (consistent with the objection deadline for the Debtors Surety Program Motion) and that replies be filed by September 6, 2017. BASIS FOR RELIEF REQUESTED 8. Bankruptcy Rule 9006(c)(1) authorizes the Court to shorten the time on a motion, for cause shown. It provides, in pertinent part, that Except as provided in paragraph (2) of this subdivision, when an act is required or allowed to be done at or within a specified time by these rules or by a notice given thereunder or by order of court, the court for cause shown may in its discretion with or without motion or notice order the period shortened. Bankruptcy Rule 9006(c)(1) (Emphasis supplied). Bankruptcy Rule 9006(c)(2) sets forth instances in which reduction of a time period is not permitted, however, motions under Section 362(d) of the Bankruptcy Code are not among them. 9. Local Bankruptcy Rule 9006-1(b) states: Except as otherwise ordered by the Court, or required by the Bankruptcy Rules, all [non-discovery related] motion papers shall be served at least fourteen (14) days before the return date. Where service is made at least fourteen (14) days before the return date, any answering papers shall be served so as to ensure actual 4 6940780.1
17-10751-mew Doc 1212 Filed 08/22/17 Entered 08/22/17 15:11:30 Main Document Pg 5 of 6 receipt not later than seven (7) days before the return date, unless the Court orders otherwise. L.B.R. 9006-1(b). (Emphasis supplied). 10. Local Bankruptcy Rule 9077-1(c) states: No order to show cause shall be granted except upon a clear and specific showing by affidavit of good and sufficient reasons why proceeding other than by notice of motion is necessary. The affidavit also shall state whether a previous application for similar relief has been made. L.B.R. 9077-1(c). 11. In this case, there are good and sufficient reasons to grant the Application to Shorten. AIG s Lift Stay Motion and the Debtors Surety Program Motion contain intertwined issues, in particular: (i) AIG s ability to cancel the pre-petition Bonds (with authority of the Bankruptcy Court and in accordance with applicable non-bankruptcy law); and (ii) the Debtors ability to continue to use and draw upon AIG s surety credit (in the form of maintaining and continuing the Bonds) without AIG s consent and without adequate protection of AIG s interests in maintaining and continuing the Bonds during the post-petition period. (Id. 9). 12. Exigent circumstances and good cause exist to shorten the notice period with respect to the Lift Stay Motion because the September 7, 2017 Hearing on Debtors Surety Program Motion is fast approaching and all pleadings filed (and to be filed) by AIG and Debtors contain intertwined and overlapping factual and legal issues. The Debtors seek to continue AIG s pre-petition Bonds while AIG seeks to cancel the same Bonds in accordance with their terms and applicable non-bankruptcy law. (Id. 10). NOTICE 13. Notice of this Application to Shorten has been provided in accordance with the the Court s Order pursuant to 11 U.S.C. 105(a) and Fed. R. Bankr. P. 1015(c), 2002(m), and 5 6940780.1
17-10751-mew Doc 1212 Filed 08/22/17 Entered 08/22/17 15:11:30 Main Document Pg 6 of 6 9007 implementing certain notice and case management procedures [Dkt. 101]. AIG submits that such notice is sufficient and no other or further notice need be provided. 14. No previous request for the relief sought herein has been made by AIG to this or any other Court. CONCLUSION 15. For each of the reasons set forth above, AIG respectfully requests that the Court enter an order, substantially in the form of Exhibit A attached hereto, granting the Application to Shorten and fixing a hearing date, time, and objection deadline for consideration of the Lift Stay Motion. Dated: August 22, 2017 Respectfully submitted, CHIESA SHAHINIAN & GIANTOMASI PC By: /s/ Scott A. Zuber SCOTT A. ZUBER One Boland Drive West Orange, New Jersey 07052 Tel: (973) 530-2046 Fax: (973) 530-2246 E-Mail: szuber@csglaw.com Attorneys for American Home Assurance Company; The Insurance Company of the State of Pennsylvania; and National Union Fire Insurance Company of Pittsburgh, P.A. 6 6940780.1
17-10751-mew Doc 1212-1 Filed 08/22/17 Entered 08/22/17 15:11:30 Declaration of Scott Zuber Pg 1 of 4 CHIESA SHAHINIAN & GIANTOMASI PC One Boland Drive West Orange, New Jersey 07052 Telephone: (973) 325-1500 Facsimile: (973) 325-1501 Scott A. Zuber, Esq. (szuber@csglaw.com) Attorneys for American Home Assurance Company; The Insurance Company of the State of Pennsylvania; and National Union Fire Insurance Company of Pittsburgh, P.A. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: WESTINGHOUSE ELECTRIC COMPANY LLC, et al., Debtors. 1 Chapter 11 Case No. 17-10751 (MEW) (Jointly Administered) DECLARATION OF SCOTT A. ZUBER IN SUPPORT OF APPLICATION OF AMERICAN HOME ASSURANCE COMPANY, THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A. TO SHORTEN NOTICE PERIOD WITH RESPECT TO THEIR MOTION FOR AN ORDER GRANTING THEM: (I) RELIEF FROM THE AUTOMATIC STAY, FOR CAUSE, PURSUANT TO 11 U.S.C. 362(d) TO CANCEL CERTAIN PRE-PETITION SURETY BONDS AND WAIVING THE STAY OF FED. R. BANKR. P. 4001(a)(3); AND (II) SUCH OTHER OR FURTHER RELIEF AS MAY BE APPROPRIATE 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are: Westinghouse Electric Company LLC (0933), CE Nuclear Power International, Inc. (8833), Fauske and Associates LLC (8538), Field Services, LLC (2550), Nuclear Technology Solutions LLC (1921), PaR Nuclear Holding Co., Inc. (7944), PaR Nuclear, Inc. (6586), PCI Energy Services LLC (9100), Shaw Global Services, LLC (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster International Inc. (1586), Stone & Webster Services LLC (5448), Toshiba Nuclear Energy Holdings (UK) Limited (N/A), TSB Nuclear Energy Services Inc. (2348), WEC Carolina Energy Solutions, Inc. (8735), WEC Carolina Energy Solutions, LLC (2002), WEC Engineering Services Inc. (6759), WEC Equipment & Machining Solutions, LLC (3135), WEC Specialty LLC (N/A), WEC Welding and Machining, LLC (8771), WECTEC Contractors Inc. (4168), WECTEC Global Project Services Inc. (8572), WECTEC LLC (6222), WECTEC Staffing Services LLC (4135), Westinghouse Energy Systems LLC (0328), Westinghouse Industry Products International Company LLC (3909), Westinghouse International Technology LLC (N/A), and Westinghouse Technology Licensing Company LLC (5961). The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066. 6940899.1
17-10751-mew Doc 1212-1 Filed 08/22/17 Entered 08/22/17 15:11:30 Declaration of Scott Zuber Pg 2 of 4 I, Scott A. Zuber, declare, pursuant to 28 U.S.C. 1746, under penalty of perjury that: 1. I am an attorney with the law firm of Chiesa Shahinian & Giantomasi PC, located at One Boland Drive, West Orange, New Jersey 07052. We are bankruptcy counsel to American Home Assurance Company, The Insurance Company of the State of Pennsylvania, and National Union Fire Insurance Company of Pittsburgh, P.A. (each a member company of American International Group and, collectively, AIG or the Surety ). I am authorized to make this Declaration in support of AIG s application (the Application to Shorten ) for an order pursuant to Rule 9006(c) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ) and Local Bankruptcy Rules 9006-1(b) and 9077-1(a) of the United States Bankruptcy Court for the Southern District of New York (the Local Rules ), shortening the notice period with respect to AIG s Motion for an Order Granting them: (I) Relief from the Automatic Stay, For Cause, Pursuant to 11 U.S.C. 362(d), to Cancel Certain Outstanding Pre-Petition Surety Bonds and Waiving the Stay of Fed. R. Bankr. P. 4001(a)(3); and (II) Such Other or Further Relief As May Be Appropriate (the Lift Stay Motion ). 2 Except as to any matters stated upon information and belief, I have personal knowledge of the facts attested to herein based upon my representation of Williams. As to any matters of opinion or matters stated upon information and belief, I believe them to be true and correct. 2. On March 29, 2017 (the Petition Date ), the Debtors each filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the Bankruptcy Code ) in the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court ). The Debtors are operating their businesses as debtors-in-possession, 2 Unless otherwise stated or clear from the context, capitalized terms shall have the meaning ascribed to them in the Lift Stay Motion and Application to Shorten. 2 6940899.1
17-10751-mew Doc 1212-1 Filed 08/22/17 Entered 08/22/17 15:11:30 Declaration of Scott Zuber Pg 3 of 4 pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been appointed in the Debtors cases. 3. The Debtors chapter 11 cases are being jointly administered for procedural purposes only pursuant to Rule 1015(b) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ). 4. On April 7, 2017, the United States Trustee for the Southern District of New York appointed the Official Committee of Unsecured Creditors. 5. On August 16, 2017, the Debtors filed a motion pursuant to 11 U.S.C. 363 and 364 and Fed. R. Bankr. P. 4001 and 6003 for authority to continue and renew their surety bond program (the Surety Program Motion ). [Dkt. No. 1162]. 6. On August 22, 2017, AIG filed the Lift Stay Motion for an order vacating the automatic stay (to the extent the stay is applicable) so that AIG may cancel (in accordance with applicable non-bankruptcy law) twenty-six (26) pre-petition surety bonds that are outstanding in the aggregate penal sum of $16.9 million (the Bonds ). AIG issued the Bonds at the request and on behalf of certain pre-petition entities that are now Debtors in this matter. AIG filed the Lift Stay Motion because AIG is unwilling to continue extending surety credit to the Debtors during these bankruptcy proceedings. 7. A hearing on the Debtors Surety Program Motion is scheduled for September 7, 2017 (the Hearing ). AIG intends to object to the relief requested in the Surety Program Motion (by the objection deadline of August 31, 2017), for reasons consistent with the arguments set forth in the Lift Stay Motion. 8. AIG seeks to shorten the period for notice of the hearing on the Lift Stay Motion so that this Court may consider the relief requested therein on an expedited basis and at the same 3 6940899.1
17-10751-mew Doc 1212-1 Filed 08/22/17 Entered 08/22/17 15:11:30 Declaration of Scott Zuber Pg 4 of 4 Hearing scheduled for Debtor s Surety Program Motion. Similar legal and factual issues form the basis of both the Surety Program Motion filed by Debtors and the Lift Stay Motion filed by AIG. As a matter of judicial economy, therefore, the parties should have the same briefing schedule and the Court should consider the intertwined issues at the same Hearing scheduled for September 7, 2017. 9. In this case, there are good and sufficient reasons to grant the Application to Shorten. AIG s Lift Stay Motion and the Debtors Surety Program Motion contain intertwined issues, in particular: (i) AIG s ability to cancel the pre-petition Bonds (with authority of the Bankruptcy Court and in accordance with applicable non-bankruptcy law); and (ii) the Debtors ability to continue to use and draw upon AIG s surety credit (in the form of maintaining and continuing the Bonds) without AIG s consent and without adequate protection of AIG s interests in maintaining and continuing the Bonds during the post-petition period. 10. Exigent circumstances and good cause exist to shorten the notice period with respect to the Lift Stay Motion because the September 7, 2017 Hearing on Debtors Surety Program Motion is fast approaching and all pleadings filed (and to be filed) by AIG and Debtors contain intertwined and overlapping factual and legal issues. The Debtors seek to continue AIG s pre-petition Bonds while AIG seeks to cancel the same Bonds in accordance with their terms and applicable non-bankruptcy law. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: August 22, 2017 /s/ Scott A. Zuber SCOTT A. ZUBER 4 6940899.1
17-10751-mew Doc 1212-2 Filed 08/22/17 Entered 08/22/17 15:11:30 Proposed Order Pg 1 of 3 CHIESA SHAHINIAN & GIANTOMASI PC One Boland Drive West Orange, New Jersey 07052 Telephone: (973) 325-1500 Facsimile: (973) 325-1501 Scott A. Zuber, Esq. (szuber@csglaw.com) Attorneys for American Home Assurance Company; The Insurance Company of the State of Pennsylvania; and National Union Fire Insurance Company of Pittsburgh, P.A. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: WESTINGHOUSE ELECTRIC COMPANY LLC, et al., Debtors. 1 Chapter 11 Case No. 17-10751 (MEW) (Jointly Administered) ORDER GRANTING APPLICATION OF AMERICAN HOME ASSURANCE COMPANY, THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A. TO SHORTEN NOTICE PERIOD WITH RESPECT TO THEIR MOTION FOR AN ORDER GRANTING THEM: (I) RELIEF FROM THE AUTOMATIC STAY, FOR CAUSE, PURSUANT TO 11 U.S.C. 362(d) TO CANCEL CERTAIN PRE-PETITION SURETY BONDS AND WAIVING THE STAY OF FED. R. BANKR. P. 4001(a)(3); AND (II) SUCH OTHER OR FURTHER RELIEF AS MAY BE APPROPRIATE 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are: Westinghouse Electric Company LLC (0933), CE Nuclear Power International, Inc. (8833), Fauske and Associates LLC (8538), Field Services, LLC (2550), Nuclear Technology Solutions LLC (1921), PaR Nuclear Holding Co., Inc. (7944), PaR Nuclear, Inc. (6586), PCI Energy Services LLC (9100), Shaw Global Services, LLC (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster International Inc. (1586), Stone & Webster Services LLC (5448), Toshiba Nuclear Energy Holdings (UK) Limited (N/A), TSB Nuclear Energy Services Inc. (2348), WEC Carolina Energy Solutions, Inc. (8735), WEC Carolina Energy Solutions, LLC (2002), WEC Engineering Services Inc. (6759), WEC Equipment & Machining Solutions, LLC (3135), WEC Specialty LLC (N/A), WEC Welding and Machining, LLC (8771), WECTEC Contractors Inc. (4168), WECTEC Global Project Services Inc. (8572), WECTEC LLC (6222), WECTEC Staffing Services LLC (4135), Westinghouse Energy Systems LLC (0328), Westinghouse Industry Products International Company LLC (3909), Westinghouse International Technology LLC (N/A), and Westinghouse Technology Licensing Company LLC (5961). The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066. 6940947.1
17-10751-mew Doc 1212-2 Filed 08/22/17 Entered 08/22/17 15:11:30 Proposed Order Pg 2 of 3 Upon the application (the Application to Shorten ) of American Home Assurance Company, The Insurance Company of the State of Pennsylvania, and National Union Fire Insurance Company of Pittsburgh, P.A. (each a member company of American International Group and, collectively, AIG or the Surety ), for an order pursuant to Rule 9006(c) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ) and Local Bankruptcy Rules 9006-1(b) and 9077-1(a) of the United States Bankruptcy Court for the Southern District of New York (the Local Rules ), shortening the notice period with respect to AIG s Motion for an Order Granting them: (I) Relief from the Automatic Stay, For Cause, Pursuant to 11 U.S.C. 362(d), to Cancel Certain Outstanding Pre-Petition Surety Bonds and Waiving the Stay of Fed. R. Bankr. P. 4001(a)(3); and (II) Such Other or Further Relief As May Be Appropriate (the Lift Stay Motion ); and upon all documentation filed in connection with the Application to Shorten, including any objections thereto; and notice of the Application to Shorten having been properly and sufficiently provided; and it appearing that no other or further notice is required; and sufficient cause appearing therefor; IT IS ORDERED as follows: 1. The Application to Shorten is GRANTED as set forth herein. 2. The Court will consider the Lift Stay Motion at a hearing scheduled for September 7, 2017 at 11:00 a.m. (Eastern) before the Honorable Michael E. Wiles, United States Bankruptcy Judge, at Courtroom 617 of the United States Bankruptcy Court for the Southern District of New York, Alexander Hamilton Custom House, located at One Bowling Green, New York, NY 10004-1408 (the Bankruptcy Court ). 3. A copy of this Order, together with the Lift Stay Motion (with exhibits) shall be served within one business day of entry in accordance with the Court s Order pursuant to 11 2 6940947.1
17-10751-mew Doc 1212-2 Filed 08/22/17 Entered 08/22/17 15:11:30 Proposed Order Pg 3 of 3 U.S.C. 105(a) and Fed. R. Bankr. P. 1015(c), 2002(m), and 9007 implementing certain notice and case management procedures [Dkt. 101], and such service shall be deemed good and sufficient notice of the relief requested in the Lift Stay Motion. 4. Objections or responses to the Lift Stay Motion, if any, must be in writing, filed with the Bankruptcy Court and shall be served upon AIG s counsel, Chiesa Shahinian & Giantomasi PC, One Boland Drive, West Orange, New Jersey 07052 attention: Scott A. Zuber, Esq. so as to be actually received on or before August 31, 2017 (the Objection Deadline ) and any reply shall be filed by September 6, 2017 (the Reply Deadline ). If no objections are timely filed and served, the relief requested in the Lift Stay Motion may be granted by the Court without further hearing or notice. 5. This Court shall retain jurisdiction with respect to all matters arising from or related to the implementation or interpretation of this Order. Dated: New York, New York, 2017 HONORABLE MICHAEL E. WILES UNITED STATES BANKRUPTCY JUDGE 3 6940947.1