Document Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA In re: rue21, inc., et al., 1 Case No. 17-22045 (GLT Reorganized Debtors. Chapter 11 (Jointly Administered LOS LUNAS INVESTORS, LLC, Movant, Related to Document No. 1523 v. rue21, inc.,et al., Respondent. JOINT MOTION TO EXTEND DEADLINE TO SUBMIT REVISED STATEMENT OF CURE CONSISTENT WITH THE COURT S ORDER [Doc. No. 1523] The above-captioned reorganized debtors (collectively, the Reorganized Debtors, and before the Effective Date 2 of the Plan, the Debtors and Los Lunas Investors, LLC (the Landlord and, together with the Reorganized Debtors, the Parties file this joint motion (the Motion for entry of an order, substantially in the form attached hereto as Exhibit A (the Proposed Order, (a extending the deadline to submit a revised statement of cure, currently set for May 23, 2018 (the Statement Deadline, by 90 days without prejudice to the 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are: rue21, inc. (1645; Rhodes Holdco, Inc. (6922; r services, llc (9425; and rue services corporation (0396. The location of the Debtors service address is: 800 Commonwealth Drive, Warrendale, Pennsylvania 15086. 2 Capitalized terms used but not defined herein shall have the meanings set forth in the Debtors First Amended Joint Plan of Reorganization Pursuant to Chapter 11 of the Bankruptcy Code [Docket No. 695] (the Plan.
Document Page 2 of 5 rights of the Parties to request further extensions of the Statement Deadline, as necessary, and (b granting related relief. In support of this Motion, the Parties respectfully state as follows. Relief Requested 1. By this motion (this Motion, the Parties seek entry of an order substantially in the form attached hereto as Exhibit A extending the Statement Deadline set forth in the Court s order (the Cure Order [Doc. No. 1523] pertaining to the Limited Objection to Cure Amount and Reservation of Rights by Los Lunas Investors, LLC (the Cure Objection [Doc. No. 1161]. Jurisdiction 2. The United States Bankruptcy Court for the Western District of Pennsylvania (the Bankruptcy Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b. The Debtors confirm their consent, pursuant to rule 7008 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules, to the entry of a final order by the Bankruptcy Court in connection with this Motion to the extent that it is later determined that the Bankruptcy 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. Venue is proper pursuant to 28 U.S.C. 1408 and 1409. 4. The bases for the relief sought herein are sections 105 of title 11 of the Bankruptcy Code, Bankruptcy Rule 9006(b(1, and rule 9006-1 of the Local Bankruptcy Rules of the United States Bankruptcy Court for the Western District of Pennsylvania (the W.PA.LBR.
Document Page 3 of 5 Background 5. On May 15, 2017 (the Petition Date, the Reorganized Debtors filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. On May 17, 2017, the court entered an order [Docket No. 120] authorizing joint administration and procedural consolidation of these chapter 11 cases pursuant to Bankruptcy Rule 1015(b. 6. On July 12, 2017, the Reorganized Debtors filed the Plan [Docket No. 695]. 7. On August 7, 2017, the Reorganized Debtors filed the Notice of Filing of Assumed Executory Contracts and Unexpired Lease Schedule [Docket No. 836] stating which unexpired leases and executory contracts the Reorganized Debtor intended to assume. 8. On August 21, 2017, the Landlord filed the Los Lunas Investors, LLC s Objection to Debtors Notice of Filing of Assumed Executory Contracts and Unexpired Lease Schedule [Docket No. 907]. 9. On August 28, 2017, the Reorganized Debtors filed the Notice of Second Amended Assumed Unexpired Lease Schedule [Docket No. 984] and the Notice of Filing Third Amended Assumed Unexpired Lease Schedule [Docket No. 996]. 10. On September 8, 2017, the Court entered an order (the Confirmation Order confirming the Plan. 11. The effective date of the Plan occurred on September 22, 2017 (the Effective Date [Docket No. 1083]. 12. On September 26, 2017, the Landlord filed the Cure Objection.
Document Page 4 of 5 13. On April 25, 2018, the Reorganized Debtors filed the Reorganized Debtors Response to Limited Objection to Cure Amount and Reservation of Rights by Los Lunas Investors LLC [Doc. No. 1502] 14. On May 2, 2018, the Court held a hearing on the Cure Objection and granted the Cure Objection in part and denied in part. 15. On May 3, 2018, the Court entered the Cure Order directing the Parties to submit a revised statement of the cure amount required to assume the lease consistent with the terms of the Cure Order on or before May 23, 2018. 16. On May 17, 2018, the Reorganized Debtors filed the Notice of Appeal and Statement of Election [Doc. No. 1539] appealing the Cure Order to the United States District Court for the Western District of Pennsylvania (the Appeal. Basis for Relief 17. The Parties seek to continue the Statement Deadline by ninety days because the Parties are working to achieve a consensual resolution that will resolve the Appeal and establish an agreed upon amount for the required revised statement of cure amount. 18. Accordingly, the Parties believe it is in their best interest to continue negotiations while diligently working to resolve all open issues at once. Motion Practice 19. This Motion is accompanied by a proposed Order attached hereto as Exhibit A. Accordingly, the Debtors submit that this Motion satisfies W.PA.LBR 9013-1(a and 9013-4. Notice 20. The Debtors will provide notice of this motion to: (a the Office of the United States Trustee for the Western District of Pennsylvania (the U.S. Trustee ; (b the
Document Page 5 of 5 Landlord; and (cany party that has requested notice pursuant to Bankruptcy Rule 2002. The Debtors submit that, in light of the nature of the relief requested, no other or further notice need be given. or any other court. No Prior Request 21. No prior request for the relief sought in this Motion has been made to this WHEREFORE, the Parties respectfully request that the Bankruptcy Court enter the Order granting the relief requested herein and such other relief as the Bankruptcy Court deems appropriate under the circumstances. Pittsburgh, Pennsylvania Dated: May 23, 2018 /s/ Jared S. Roach Eric A. Schaffer (PA I.D. #30797 Jared S. Roach (PA I.D. #307541 REED SMITH LLP 225 Fifth Avenue Pittsburgh, Pennsylvania 15222 Telephone: (412 288-3131 Facsimile: (412 288-3063 Local Counsel to the Reorganized Debtors /s/ Keri P. Ebeck Keri P. Ebeck (PA I.D. #91298 BERNSTEIN BURKLEY, P.C. 707 Grant Street, Gulf tower Suite 2200 Pittsburgh, PA 15219 Telephone: (412 456-8112 Facsimile: (412 456-8135 Counsel to the Lessor
Case 17-22045-GLT Doc 1551-1 Filed 05/23/18 Entered 05/23/18 15:07:17 Desc Proposed Order Page 1 of 3 Exhibit A Proposed Order
Case 17-22045-GLT Doc 1551-1 Filed 05/23/18 Entered 05/23/18 15:07:17 Desc Proposed Order Page 2 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA In re: rue21, inc., et al., 1 Case No. 17-22045 (GLT Debtors. Chapter 11 (Jointly Administered LOS LUNAS INVESTORS, LLC., Movants, Document No. v. rue21, inc., et al. Respondent. ORDER GRANTING JOINT MOTION TO EXTEND DEADLINE TO SUBMIT REVISED STATEMENT OF CURE PURSUANT TO THE COURT S ORDER Upon the motion (the Motion 2 of the Parties for entry of an order (this Order, pursuant to Bankruptcy Rule 9006 and W.PA.LBR 9006-1, extending the deadline to file a revised statement of the cure amount required to assume the lease to August 21, 2018, on or before 4:00 p.m., all as more fully set forth in the Motion; and this Court having jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; and this Court having found that this is a core matter pursuant to 28 U.S.C. 157(b; and this Court having found that this is a core 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are: rue21, inc. (1645; Rhodes Holdco, Inc. (6922; r services, llc (9425; and rue services corporation (0396. The location of the Debtors service address is: 800 Commonwealth Drive, Warrendale, Pennsylvania 15086. 2 Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Motion.
Case 17-22045-GLT Doc 1551-1 Filed 05/23/18 Entered 05/23/18 15:07:17 Desc Proposed Order Page 3 of 3 proceeding pursuant to 28 U.S.C. 157(b(2; and this Court having found that it 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 Motion in this district is proper pursuant to 28 U.S.C. 1408 and 1409; and this Court having found that the Debtors notice of the Motion and opportunity for a hearing on the Motion were appropriate under the circumstances and that no other notice need be provided; and this Court having reviewed the Motion; and this Court having determined that the legal and factual bases set forth in the Motion 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 therefor, it is HEREBY ORDERED THAT: 1. The Motion is granted as set forth herein. 2. The deadline to file a revised statement of the cure amount required to assume the lease pursuant to the Cure Order [Doc. No. 1523] is extended to August 21, 2018 at 4:00 p.m (prevailing Eastern Time. 3. This Court retains jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order. Prepared by: Reed Smith LLP (local counsel to the Reorganized Debtors Pittsburgh, Pennsylvania Dated: May, 2018 THE HONORABLE GREGORY L. TADDONIO UNITED STATES BANKRUPTCY JUDGE