Case KJC Doc 1579 Filed 12/04/17 Page 1 of 8 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE. Chapter 11

Transcription

1 Case KJC Doc 1579 Filed 12/04/17 Page 1 of 8 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. JOEL WEINSHANKER, ALAN VAN ONGEVALLE, CATHY HERSHCOPF, FRANK MARRS, and JEFFREY SHRADER, Adv. No (KJC) Defendants. CURTIS R. SMITH, AS LIQUIDATING TRUSTEE OF THE HASTINGS CREDITORS LIQUIDATING TRUST, Plaintiff, vs. NATIONAL ENTERTAINMENT COLLECTIBLES ASSOCIATION, INC., Adv. No (KJC) Defendant. 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 12/04/

2 Case KJC Doc 1579 Filed 12/04/17 Page 2 of 8 NOTICE OF AMENDED 2 AGENDA OF HEARING SCHEDULED FOR DECEMBER 5, 2017 AT 11:00 A.M. (ET) 3 CONTINUED MATTERS: 1. Motion of Sony Interactive Entertainment America LLC for Allowance and Immediate Payment of Administrative Expense Claim pursuant to 11 U.S.C. 503(b)(9) [Docket No. 1245; Filed 3/16/2017] Objection Deadline: April 2, 2017 (extended by agreement to a date to be determined as to the Trustee) Objections/Responses: None to date. Status: This matter has been resolved by settlement agreement and a hearing need not go forward. The Movant intends to withdraw the Motion. 2. The Liquidating Trustee's Fourth Omnibus Objection to Certain (I) Duplicate Claims, (II) Amended and Superseded Claims, and (III) Insufficient Documentation Claims (Non-Substantive) [Docket No. 1441; Filed 6/29/2017] Objection Deadline: July 13, 2017 Trustee s Fourth Omnibus Objection to Certain (I) Duplicate Claims, (II) Amended and Superseded Claims, and (III) Insufficient Documentation Claims (Non-Substantive) [Docket No. 1451; Filed 7/14/2017] A. Informal response of United States Customs and Border Protection. Status: This matter, as it related to the claim of the United States Customs and Border Protection, has been continued to the January 11, 2018 omnibus hearing date. 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, Amended agenda items appear in bold and italics. 3 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

3 Case KJC Doc 1579 Filed 12/04/17 Page 3 of 8 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 January 11, 2018 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. Response of PK Hastings LLC to the Liquidating Trustee's Sixth Omnibus Objection to Certain (I) Reclassification Claims and (II) Overstated Claims (Substantive) [Docket No. 1491; Filed 8/22/2017] - This matter, as it relates to the claim of PK Hastings LLC, has been has been resolved, and a hearing is not necessary. B. Informal response of Brixmore Crosskeys - This matter, as it relates to the claim of Brixmore Crosskeys, has been continued to the January 11, 2018 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] Objection Deadline: August 23, 2017

4 Case KJC Doc 1579 Filed 12/04/17 Page 4 of 8 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 Weingarten Realty Investors - This matter, as it relates to the claim of Weingarten Realty Investors, resolved, and a hearing is not necessary. B. Informal response of Sector 9 - This matter, as it relates to the claim of Sector 9, has been continued to the January 11, 2018 omnibus hearing date. C. Informal response of Brixmore Crosskeys - This matter, as it relates to the claim of Brixmore Crosskeys, has been continued to the January 11, 2018 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. Response of Greater Missouri Builders, Inc. to the Liquidating Trustee's Eighth Omnibus Objection to Certain (I) Reclassification Claims and (II) Overstated Claims (Substantive) [Docket No. 1520; Filed 9/19/2017] - This matter, as it relates to the claim of Greater Missouri Builders, Inc., has been continued to the January 11, 2018 omnibus hearing date. B. Informal response of Rock Springs Plaza - This matter, as it relates to the claim of Rock Springs Plaza, has been resolved, and a hearing is not necessary. C. Informal response of United Parcel Service - This matter, as it relates to the claim of United Parcel Service, has been continued to the January 11, 2018 omnibus hearing date.

5 Case KJC Doc 1579 Filed 12/04/17 Page 5 of 8 D. Informal response of St. Joseph Museums, Inc. - This matter, as it relates to the claim of St. Joseph Museums, Inc., has been continued to the January 11, 2018 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] A. Response of Greater Missouri Builders, Inc. 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. 1521; Filed 9/19/2017] - This matter, as it relates to the claim of Greater Missouri Builders, Inc., has been continued to the January 11, 2018 omnibus hearing date. B. Response by the Tennessee Department of Revenue to the Liquidating Trustee's Ninth Omnibus Objection to Claims [Docket No. 1522; Filed 9/20/2017] - This matter, as it relates to the claim of the Tennessee Department of Revenue, has been continued to the January 11, 2018 omnibus hearing date. C. Informal response of CRG Financial - This matter, as it relates to the claim of CRG Financial, has been resolved, and a hearing is not necessary. D. Informal response of Rock Springs Plaza - This matter, as it relates to the claim of Rock Springs Plaza, has been resolved, and a hearing is not necessary.

6 Case KJC Doc 1579 Filed 12/04/17 Page 6 of 8 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] - This matter, as it relates to the claim of GameStop, Inc., has been continued to the January 11, 2018 omnibus hearing date. B. Informal response of the Texas Comptroller - This matter, as it relates to the claim of the Texas Comptroller, has been resolved, and a hearing is not necessary. MATTERS WITH CNOS FILED: 9. Liquidating Trustee s Twelfth Omnibus Objection to Certain Duplicate Claims (Non- Substantive) [Docket No. 1564; Filed 11/14/2017] Objection Deadline: November 28, 2017 Objections/Responses: None to date. A. Certificate of No Objection with respect to the Liquidating Trustee s Twelfth Omnibus Objection to Certain Duplicate Claims (Non-Substantive) [Docket No. 1570; Filed 11/30/2017] B. Order Sustaining the Liquidating Trustee s Twelfth Omnibus Objection to Certain Duplicate Claims (Non-Substantive) [Docket No. 1575; Entered 12/1/2017]

7 Case KJC Doc 1579 Filed 12/04/17 Page 7 of 8 Status: An order has been entered. This matter will not be going forward. 10. Liquidating Trustee s Motion to Further Extend the Claims Objection Deadline [Docket No. 1565; Filed 11/14/2017] Objection Deadline: November 28, 2017 Objections/Responses: None to date. A. Certificate of No Objection with respect to the Liquidating Trustee s Motion to Further Extend the Claims Objection Deadline [Docket No. 1571; Filed 11/30/2017] B. Order Further Extending the Claims Objection Deadline [Docket No. 1576; Entered 12/1/2017] Status: An order has been entered. This matter will not be going forward. PRETRIAL CONFERENCES: 11. Pretrial Conference with respect to Curtis R. Smith, Liquidating Trustee v. Joel Weinshanker, Alan Van Ongevalle, Cathy Hershcopf, Frank Marrs, and Jeffrey Shrader (Adv. No ) Status: There is a Motion to Dismiss pending, which was filed by Defendant Joel Weinshanker. The Court has indicated that the parties may schedule oral argument on this Motion for January 11, The Liquidating Trustee and Defendant Joel Weinshanker wish to proceed with oral argument on this date. The remaining defendants have not yet filed an answer or other pleading, as there is an extension of time to file in place. As such, this matter will not be going forward. 12. Pretrial Conference with respect to Curtis R. Smith, as Liquidating Trustee of the Hastings Creditors Liquidating Trust v. National Entertainment Collectibles Association, Inc. (Adv. No ) A. Notice of Plaintiff s Proposed Scheduling Order [Docket No. 6; Filed 12/1/2017] Status: This matter will be going forward. The Parties have agreed to a proposed scheduling order, which they will jointly present to the Court at the hearing.

8 Case KJC Doc 1579 Filed 12/04/17 Page 8 of 8 Dated: December 4, 2017 GOLDSTEIN & MCCLINTOCK, LLLP /s/ Maria Aprile Sawczuk Maria Aprile Sawczuk (No. 3320) 1201 North Orange Street, Suite 7380 Wilmington, DE Telephone: (302) Facsimile: (302) marias@restructuringshop.com --and- 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