Case KJC Doc 1714 Filed 11/15/18 Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE. Chapter 11

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1 Case KJC Doc 1714 Filed 11/15/18 Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re DRAW ANOTHER CIRCLE, LLC, et al., 1 Debtors. Chapter 11 Case No.: (KJC) (Jointly Administered) CURTIS R. SMITH, AS LIQUIDATING TRUSTEE OF THE HASTINGS CREDITORS LIQUIDATING TRUST, Plaintiff, vs. NATIONAL ENTERTAINMENT COLLECTIBLES ASSOCIATION, INC. and JOEL WEINSHANKER, Adv. No (KJC) Defendants. NOTICE OF AGENDA OF HEARING SCHEDULED FOR NOVEMBER 19, 2018 AT 11:00 A.M. (ET) 2 MATTER WITH ORDER ENTERED: 1. Liquidating Trustee s Fifteenth Omnibus Objection to the (I) Duplicate Claim, (II) Amended and Superseded Claim, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non-Substantive) [Docket No. 1702; Filed 10/29/2018] 1 The Debtors and the last four digits of their respective federal taxpayer identification numbers are as follows: Draw Another Circle, LLC (2102); Hastings Entertainment, Inc. (6375); MovieStop, LLC (9645); SP Images, Inc. (7773); and Hastings Internet, Inc. (0809). Under the confirmed First Amended Joint Combined Disclosure Statement and Plan of Liquidation, the four related Debtors bankruptcy cases have been closed. 2 The hearing will be held before the Honorable Kevin J. Carey at the United States Bankruptcy Court for the District of Delaware, 824 North Market Street, 5th Floor, Courtroom No. 5, Wilmington, Delaware Interested parties eligible to participate by telephone may participate telephonically by contacting Court Call by phone ( ) or by facsimile ( ) no later than 12:00 p.m. one business days prior to the hearing. 1

2 Case KJC Doc 1714 Filed 11/15/18 Page 2 of 7 Objection Deadline: November 13, 2018 Trustee s Fifteenth Omnibus Objection to the (I) Duplicate Claim, (II) Amended and Superseded Claim, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non-Substantive) [Docket No. 1705; Filed 11/5/2018] B. Certificate of No Objection with Respect to the Liquidating Trustee s Fifteenth Omnibus Objection to the (I) Duplicate Claim, (II) Amended and Superseded Claim, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non- Substantive) [Docket No. 1712; Filed 11/14/2018] C. Order Sustaining The Liquidating Trustee's Fifteenth Omnibus Objection to the (I) Duplicate Claim, (II) Amended and Superseded Claim, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non-Substantive) [Docket No. 1713; Entered 11/15/2018] Objections/Responses: None Status: An Order has been entered. This matter will not be going forward. MATTER WITH CERTIFICATE OF COUNSEL TO BE FILED: 2. The Liquidating Trustee's Motion for Reversion of Unclaimed Distributions Back to the Liquidating Trust [Docket No. 1670; Filed 8/20/2018] Objection Deadline: September 19, 2018; Extended by the Trustee to November 12, 2018 A. Notice of Supplemental Declaration and Revised Exhibit regarding the Liquidating Trustee's Motion for Reversion of Unclaimed Distributions Back to the Liquidating Trust [Docket No. 1695; Filed 10/9/2018] Objections/Responses: A. Objection to the Liquidating Trustee s Motion for Reversion of Unclaimed Distributions Back to the Liquidating Trust, filed by David Ayres [Docket No. 1674; Filed 8/31/2018] B. Opposition Letter to Liquidating Trustee s Motion for Reversion of Unclaimed Distributions Back to the Liquidating Trust, filed by Promotion in Motion, Inc. [Docket No. 1679; Filed 9/14/2018] 2

3 Case KJC Doc 1714 Filed 11/15/18 Page 3 of 7 Status: The Trustee received several informal responses, through which the respondents forwarded completed W-9 forms. All objections, both filed and informal, have been resolved, and the Trustee will be filing a Certification of Counsel with a proposed order. This matter will only be going forward if the Court has questions. CONTINUED MATTERS: 3. The Liquidating Trustee's Fifth Omnibus Objection to Certain (I) Reclassification Claims and (II) Overstated Claims (Substantive) [Docket No. 1442; Filed 6/29/2017] Objection Deadline: July 13, 2017 Trustee s Fifth Omnibus Objection to Certain (I) Reclassification Claims and (II) Overstated Claims (Substantive) [Docket No. 1452; Filed 7/14/2017] A. Response by the Tennessee Department of Revenue to the Liquidating Trustee s Fifth Omnibus Objection to Claims [Docket No. 1450; Filed 7/12/2017] Status: This matter, as it related to the claim of the Tennessee Department of Revenue, has been continued to the next omnibus hearing date. 4. The Liquidating Trustee's Sixth Omnibus Objection to Certain (I) Reclassification Claims and (II) Overstated Claims (Substantive) [Docket No. 1479; Filed 8/9/2017] Objection Deadline: August 23, 2017 Trustee s Sixth Omnibus Objection to Certain (I) Reclassification Claims and (II) Overstated Claims (Substantive) [Docket No. 1483; Filed 8/11/2017] A. Informal response of Brixmore Crosskeys. Status: This matter, as it related to the claim of Brixmore Crosskeys, has been continued to the next omnibus hearing date. 5. The Liquidating Trustee's Seventh Omnibus Objection to Certain (I) Duplicate Claims, (II) Amended and Superseded Claims, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non-Substantive) [Docket No. 1480; Filed 8/9/2017] 3

4 Case KJC Doc 1714 Filed 11/15/18 Page 4 of 7 Objection Deadline: August 23, 2017 Trustee s Seventh Omnibus Objection to Certain (I) Duplicate Claims, (II) Amended and Superseded Claims, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non-Substantive) [Docket No. 1484; Filed 8/11/2017] A. Informal response of Brixmore Crosskeys. Status: This matter, as it related to the claim of Brixmore Crosskeys, has been continued to the next omnibus hearing date. 6. The Liquidating Trustee's Eighth Omnibus Objection to Certain (I) Reclassification Claims and (II) Overstated Claims (Substantive) [Docket No. 1509; Filed 9/6/2017] Objection Deadline: September 20, 2017 Trustee s Eighth Omnibus Objection to Certain (I) Reclassification Claims and (II) Overstated Claims (Substantive) [Docket No. 1512; Filed 9/11/2017] A. Informal response of St. Joseph Museums, Inc. Status: This matter, as it relates to the claim of St. Joseph Museums, Inc., has have been continued to the next omnibus hearing date. 7. The Liquidating Trustee's Ninth Omnibus Objection to Certain (I) Duplicate Claims, (II) Amended and Superseded Claims, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non-Substantive) [Docket No. 1510; Filed 9/6/2017] Objection Deadline: September 20, 2017 Trustee s Ninth Omnibus Objection to Certain (I) Duplicate Claims, (II) Amended and Superseded Claims, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non-Substantive) [Docket No. 1513; Filed 9/11/2017] 4

5 Case KJC Doc 1714 Filed 11/15/18 Page 5 of 7 A. Response by the Tennessee Department of Revenue to the Liquidating Trustee's Ninth Omnibus Objection to Claims [Docket No. 1522; Filed 9/20/2017]. Status: This matter, as it relates to the claim of Tennessee Department of Revenue, has been continued to the next omnibus hearing date. 8. The Liquidating Trustee's Eleventh Omnibus Objection to Certain (I) Duplicate Claims, (II) Amended and Superseded Claims, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non-Substantive) [Docket No. 1535; Filed 10/6/2017] Objection Deadline: October 20, 2017 Trustee s Eleventh Omnibus Objection to Certain (I) Duplicate Claims, (II) Amended and Superseded Claims, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non-Substantive) [Docket No. 1540; Filed 10/17/2017] Objections/Responses: A. GameStop, Inc. s Response to the Liquidating Trustee's Ninth Omnibus Objection to Certain (I) Duplicate Claims, (II) Amended and Superseded Claims, (III) Insufficient Documentation Claims, and (IV) Late-Filed Claims (Non- Substantive) [Docket No. 1544; Filed 10/20/2017]. Status: This matter, as it related to the claim of GameStop, Inc., has been continued to the next omnibus hearing date. MATTER GOING FORWARD: 9. Motion of Ms. Shelly Adele Peterson to Allow Late-Filed Claim [Docket No. 1697; Filed 10/11/2018] Objection Deadline: November 5, 2018 A. Order Scheduling Hearing on Motion of Ms. Shelly Adele Peterson to Allow Late-Filed Claim [Docket No. 1699; Entered 10/17/2018] 5

6 Case KJC Doc 1714 Filed 11/15/18 Page 6 of 7 B. The Liquidating Trustee s Exhibit List for the November 19, 2018 Hearing on Ms. Shelly Adele Peterson s Motion for Leave to File a Late Claim [Docket No. 1708; Filed 11/13/2018] Objections/Responses: A. The Liquidating Trustee s Objection to Ms. Shelly Adele Peterson s Motion for Leave to File a Late Claim [Docket No. 1706; Filed 11/5/2018] B. Response to Objection to Ms. Shelly Adele Peterson s Motion for Leave to File a Late Claim, filed by Shelly Peterson [Docket No. 1709; Filed 11/14/18] Status: This matter is going forward. PRETRIAL CONFERENCE: 10. Pretrial Conference; Smith v. National Entertainment Collectibles Association, Inc., et al., Adv. No None Status: The parties are working on a scheduling order and anticipate submitting such an order to the Court within a reasonable time following the pretrial conference. This pretrial conference will be going forward. Dated: November 15, 2018 GOLDSTEIN & MCCLINTOCK, LLLP /s/ Maria Aprile Sawczuk Maria Aprile Sawczuk (No. 3320) 501 Silverside Road, Suite 65 Wilmington, DE Telephone: (302) Facsimile: (302) marias@restructuringshop.com --and- 6

7 Case KJC Doc 1714 Filed 11/15/18 Page 7 of 7 Bruce Buechler, Esq. Nicole Fulfree, Esq. LOWENSTEIN SANDLER LLP One Lowenstein Drive Roseland, NJ Telephone: (973) Facsimile: (973) bbuechler@lowenstein.com nfulfree@lowenstein.com -and- Bruce S. Nathan, Esq. Eric Chafetz, Esq. LOWENSTEIN SANDLER LLP 1251 Avenue of the Americas New York, NY Telephone: (212) Facsimile: (212) bnathan@lowenstein.com echafetz@lowenstein.com Counsel to the Hastings Creditors Liquidating Trust and Curtis R. Smith in his capacity as the Liquidating Trustee 7