Case KG Doc 118 Filed 10/29/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

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1 Case KG Doc 118 Filed 10/29/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 WELDED CONSTRUCTION, L.P., et al., 1 Case No (KG Debtors. (Jointly Administered Hearing Date: November 19, 2018 at 11:00 a.m. (ET Objection Deadline: November 13, 2018 at 4:00 p.m. (ET DEBTORS MOTION FOR AN ORDER GRANTING ADDITIONAL TIME TO FILE SCHEDULES OF ASSETS AND LIABILITIES AND STATEMENTS OF FINANCIAL AFFAIRS The above-captioned debtors and debtors in possession (collectively, the Debtors hereby submit this motion (this Motion, pursuant to section 521 of title 11 of the United States Code, 11 U.S.C. 101 et seq. (the Bankruptcy Code, Rules 1007(c and 9006 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules, and Rule (b of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware (the Local Rules, for entry of an order, substantially in the form attached hereto as Exhibit A (the Proposed Order, granting the Debtors additional time to file their schedules of assets and liabilities and statements of financial affairs (collectively, the Schedules and Statements. In support of this Motion, the Debtors respectfully represent as follows: 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are: Welded Construction, L.P. (5008 and Welded Construction Michigan, LLC (9830. The mailing address for each of the Debtors is Eckel Road, Perrysburg, OH

2 Case KG Doc 118 Filed 10/29/18 Page 2 of 5 JURISDICTION AND VENUE 1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334, and the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated as of February 29, 2012 (the Amended Standing Order. This is a core proceeding pursuant to 28 U.S.C. 157(b(2, and the Court may enter a final order consistent with Article III of the United States Constitution. Venue is proper in this Court pursuant to 28 U.S.C and The statutory and legal predicates for the relief sought herein are section 521 of the Bankruptcy Code, Bankruptcy Rules 1007(c and 9006, and Local Rule (b. BACKGROUND 2. On October 22, 2018 (the Petition Date, each of the Debtors commenced a voluntary case under chapter 11 of the Bankruptcy Code. The Debtors are authorized to operate their businesses and manage their properties as debtors in possession pursuant to sections 1107(a and 1108 of the Bankruptcy Code. No official committees have been appointed in these chapter 11 cases and no request has been made for the appointment of a trustee or an examiner. 3. Additional information regarding the Debtors businesses, their capital structure, and the circumstances leading to the filing of these chapter 11 cases is set forth in the Declaration of Frank A. Pometti in Support of Debtors Chapter 11 Petitions and First-Day Motions [Docket No. 4] (the First Day Declaration, 2 which is incorporated herein by reference. 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the First Day Declaration. 2

3 Case KG Doc 118 Filed 10/29/18 Page 3 of 5 RELIEF REQUESTED 4. By this Motion, the Debtors seek entry of the Proposed Order, granting the Debtors an extension of 30 days (in addition to the 28 days after the Petition Date allowed by Local Rule (b to file their Schedules and Statements, without prejudice to the Debtors ability to request additional time if necessary, pursuant to Bankruptcy Rules 1007(c and 9006 and Local Rule (b. BASIS FOR RELIEF 5. Section 521(a(1 of the Bankruptcy Code and Bankruptcy Rule 1007(c require debtors to file their Schedules and Statements within 14 days after their petition date. Local Rule (b, however, automatically extends this deadline to 28 total days after the petition date if the total number of creditors in the debtors jointly administered cases exceeds 200 and the debtors petitions are accompanied by a list of all such creditors and their addresses (the Creditor List. Further, pursuant to Bankruptcy Rule 1007(c and Local Rule (b, the Court is authorized to grant a further extension of the deadline for filing the Schedules and Statements for cause. Fed. R. Bankr. P. 1007(c, Del. Bankr. L.R (b; see also Fed. R. Bankr. P. 9006(b. 6. Together, and as evidenced by the Creditor List filed by the Debtors on the Petition Date, the Debtors have more than 200 creditors. As a result, pursuant to Local Rule (b, the Debtors automatically have 28 days from the Petition Date to file their Schedules and Statements. 7. Cause exists to further extend the deadline for the filing of the Schedules and Statements as requested herein, based on (i the size and complexity of the Debtors businesses; (ii the number of potential creditors of the Debtors; and (iii the numerous burdens 3

4 Case KG Doc 118 Filed 10/29/18 Page 4 of 5 imposed by the Debtors chapter 11 efforts, particularly in the early days of these chapter 11 cases. To prepare their Schedules and Statements, the Debtors must compile a significant amount of financial information from books, records, and documents relating to their assets, contracts, and claims of creditors. This information is voluminous, and assembling the necessary information requires a significant expenditure of time and effort on the part of the Debtors, their employees and their professional advisors. The magnitude of that task, when taken together with the Debtors transition into chapter 11 and the ongoing burdens of operating the Debtors businesses day-to-day, supports an extension of the deadline set forth in the Bankruptcy Code and Bankruptcy Rules for filing the Schedules and Statements. 8. The relief requested herein will not prejudice or adversely affect the rights of the Debtors creditors or other parties in interest. Rather, the extension requested herein will aid the Debtors efforts to ensure the accuracy and completeness of the Schedules and Statements, which in turn will promote efficient administration of these chapter 11 cases. 9. Courts in this district regularly grant extensions of the period in which to file schedules of assets and liabilities and statements of financial affairs, with the period of the extension typically tracking the size and complexity of the chapter 11 cases in question, as well as the circumstances surrounding the filing of the cases. 10. The size and complexity of the Debtors businesses, as well as competing, time-sensitive, demands that will be made of a narrow group of company resources and professional advisors in the early days of these chapter 11 cases, makes completing the Schedules and Statements a large, time-consuming, and resource-draining undertaking for the Debtors and their professionals. Accordingly, the Debtors respectfully request that the Court extend, by an additional 30 days, the date by which the Schedules and Statements are required to 4

5 Case KG Doc 118 Filed 10/29/18 Page 5 of 5 be filed, pursuant to Bankruptcy Rules 1007(c and 9006(b and Local Rule (b, for a total of 58 days from the Petition Date. If the requested extension is granted, the Schedules and Statements would be due on or before December 19, The Debtors request that such extension be without prejudice to their ability to seek further extensions from the Court. NOTICE 11. Notice of this Motion has been provided to: (i the Office of the United States Trustee for the District of Delaware; (ii the Debtors thirty (30 largest unsecured creditors (excluding insiders; (iii counsel to the DIP Lender; and (iv all parties who, as of the filing of this Motion, have requested notice in these chapter 11 cases pursuant to Bankruptcy Rule In light of the nature of the relief requested herein, the Debtors submit that no other or further notice is necessary. CONCLUSION WHEREFORE, the Debtors respectfully request entry of the Proposed Order, (i extending the deadline for filing the Schedules and Statements through and including December 19, 2018, and (ii granting such other relief to the Debtors as is just and proper. Dated: October 29, 2018 Wilmington, Delaware YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Betsy L. Feldman M. Blake Cleary (No Sean M. Beach (No Justin H. Rucki (No Betsy L. Feldman (No Rodney Square 1000 North King Street Wilmington, DE Telephone: ( Facsimile: ( Proposed Counsel to the Debtors 5

6 Case KG Doc Filed 10/29/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 WELDED CONSTRUCTION, L.P., et al., 1 Case No (KG Debtors. (Jointly Administered Hearing Date: November 19, 2018 at 11:00 a.m. (ET Objection Deadline: November 13, 2018 at 4:00 p.m. (ET NOTICE OF MOTION TO: (I THE OFFICE OF THE UNITED STATES TRUSTEE; (II THE DEBTORS THIRTY (30 LARGEST UNSECURED CREDITORS (EXCLUDING INSIDERS; (III COUNSEL TO THE DIP LENDER; AND (IV ALL PARTIES WHO, AS OF THE FILING OF THE MOTION, HAVE REQUESTED NOTICE IN THESE CHAPTER 11 CASES PURSUANT TO BANKRUPTCY RULE 2002 PLEASE TAKE NOTICE that the above-captioned debtors and debtors in possession (together, the Debtors have filed the attached Debtors Motion for an Order Granting Additional Time to File Schedules of Assets and Liabilities and Statements of Financial Affairs (the Motion. PLEASE TAKE FURTHER NOTICE that any objections to the Motion must be filed on or before November 13, 2018 at 4:00 p.m. (ET (the Objection Deadline with the United States Bankruptcy Court for the District of Delaware, 824 North Market Street, 3rd Floor, Wilmington, Delaware At the same time, you must serve a copy of the objection upon the undersigned proposed counsel to the Debtors so as to be received on or before the Objection Deadline. PLEASE TAKE FURTHER NOTICE THAT A HEARING TO CONSIDER THE MOTION WILL BE HELD ON NOVEMBER 19, 2018 AT 11:00 A.M. (ET BEFORE THE HONORABLE KEVIN GROSS AT THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE, 824 NORTH MARKET STREET, SIXTH FLOOR, COURTROOM NO. 3, WILMINGTON, DELAWARE The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are: Welded Construction, L.P. (5008 and Welded Construction Michigan, LLC (9830. The mailing address for each of the Debtors is Eckel Road, Perrysburg, OH

7 Case KG Doc Filed 10/29/18 Page 2 of 2 PLEASE TAKE FURTHER NOTICE THAT IF YOU FAIL TO RESPOND IN ACCORDANCE WITH THIS NOTICE, THE COURT MAY GRANT THE RELIEF REQUESTED IN THE MOTION WITHOUT FURTHER NOTICE OR A HEARING. Dated: October 29, 2018 Wilmington, Delaware YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Betsy L. Feldman M. Blake Cleary (No Sean M. Beach (No Justin H. Rucki (No Betsy L. Feldman (No Rodney Square 1000 North King Street Wilmington, DE Telephone: ( Facsimile: ( Proposed Counsel to the Debtors 2

8 Case KG Doc Filed 10/29/18 Page 1 of 3 Exhibit A Proposed Order

9 Case KG Doc Filed 10/29/18 Page 2 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 WELDED CONSTRUCTION, L.P., et al., 1 Case No (KG Debtors. (Jointly Administered Ref. Docket No. ORDER GRANTING ADDITIONAL TIME TO FILE SCHEDULES OF ASSETS AND LIABILITIES AND STATEMENTS OF FINANCIAL AFFAIRS Upon consideration of the motion (the Motion 2 of the above-captioned debtors and debtors in possession (collectively, the Debtors for entry of an order (this Order, pursuant to section 521 of the Bankruptcy Code, Bankruptcy Rules 1007(c and 9006 and Local Rule (b, granting the Debtors additional time to file their Schedules and Statements; and upon consideration of the Motion and all pleadings related thereto; and due and proper notice of the Motion having been given; and it appearing that no other or further notice of the Motion is required; and it appearing that this Court has jurisdiction to consider the Motion in accordance with 28 U.S.C. 157 and 1334 and the Amended Standing Order; and it appearing that this is a core proceeding pursuant to 28 U.S.C. 157(b(2; and that this Court may enter a final order herewith consistent with Article III of the U.S. Constitution; and it appearing that venue of this proceeding and the Motion is proper pursuant to 28 U.S.C and 1409; and it appearing that the relief requested in the Motion and provided for herein is in the best interest of the 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are: Welded Construction, L.P. (5008 and Welded Construction Michigan, LLC (9830. The mailing address for each of the Debtors is Eckel Road, Perrysburg, OH Capitalized terms used but not defined herein have the meanings assigned to such terms in the Motion.

10 Case KG Doc Filed 10/29/18 Page 3 of 3 Debtors, their estates, and their creditors; 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 time by which the Debtors must file their Schedules and Statements is extended through and including December 19, Such extension is without prejudice to the Debtors right to seek further extensions of the deadline to file their Schedules and Statements. 4. This Court shall retain jurisdiction with respect to all matters arising from or related to the implementation of this Order. Dated:, 2018 Wilmington, Delaware Kevin Gross United States Bankruptcy Judge 2