In Re: Sears Holdings Corporation
| Sears Holdings Corporation |
| ESL Investments, Inc., Cyrus Capital Partners, L.P. and Wilmington Trust, National Association |
| Official Committee of Unsecured Creditors of Sears Holdings Corporation, et al |
| 7:2019cv08002 |
| August 27, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 24
JOINT REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Stay Stay the Debtors' 506(C) Appeal pending Resolution of Second-Lien Holders 507(B) Appeal. . Document filed by Sears Holdings Corporation. (Genender, Paul)
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***DELETED ENTRY. Deleted entry CONSOLIDATED MEMBER CASE: Create association to 7:19-cv-07660-VB. The entry was incorrectly filed in this case. (tro)
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Filing 23
ORDER: For the reasons set forth on the record today at a conference attended by counsel for ESL Investments, Inc., Cyrus Capital Partners L.P., and Wilmington Trust (collectively, "the Second Lien-Holders"), Sears Holding Corporation ("Debtors"), and the Official Committee of Unsecured Creditors of Sears Holding Corporation ("UCC"), the Second Lien-Holders' motion for certification of direct appeal in the 507(b) Appeals (19 Civ. 7660) is DENIED. The Second-Lien Holders' consolidated appellants' brief on the 507(b) Appeals (19 Civ. 7660) is due November 1, 2019. The Debtors and UCC's consolidated appellees' brief is due December 9, 2019. The Second Lien-Holders' consolidated reply brief is due December 23, 2019. The clerk is instructed to terminate the motion for certification of direct appeal. (19 Civ. 7660, Doc. #6). The Clerk is further instructed to consolidate the 506(c) Appeals (19 Civ. 8002; 19 Civ. 8237) with each other. (And as further set forth in this Order.) SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/17/2019) (jca)
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Filing 22
MEMORANDUM OF LAW in Opposition re: #17 MOTION to Stay Stay the Debtors' 506(C) Appeal pending Resolution of Second-Lien Holders 507(B) Appeal. . Document filed by ESL Investments, Inc.. (Moloney, Thomas)
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Paul Richard Genender to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 10/9/2019) (mml) Modified on 10/10/2019 (mml).
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Filing 20
JOINDER to join re: #17 MOTION to Stay Stay the Debtors' 506(C) Appeal pending Resolution of Second-Lien Holders 507(B) Appeal. . Document filed by Official Committee of Unsecured Creditors of Sears Holdings Corporation, et al.(Chen, Z.W.)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Paul Richard Genender to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17740182. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 19
DECLARATION of Gregory Silbert in Support re: #17 MOTION to Stay Stay the Debtors' 506(C) Appeal pending Resolution of Second-Lien Holders 507(B) Appeal.. Document filed by Sears Holdings Corporation. (Attachments: #1 Errata A - Final DIP Order, #2 Exhibit B - Order Approving Asset Purchase Agreement, #3 Exhibit C - Order Determining the Amount of Second-Lien Holders Section 507(b) Administrative Claims, #4 Exhibit D - Order Determining the Amount to Surcharge Second-Lien Collateral Pursuant To Section 506(c) of the Bankruptcy Code)(Silbert, Gregory)
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Filing 18
MEMORANDUM OF LAW in Support re: #17 MOTION to Stay Stay the Debtors' 506(C) Appeal pending Resolution of Second-Lien Holders 507(B) Appeal. . Document filed by Sears Holdings Corporation. (Silbert, Gregory)
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Filing 17
MOTION to Stay Stay the Debtors' 506(C) Appeal pending Resolution of Second-Lien Holders 507(B) Appeal. Document filed by Sears Holdings Corporation.(Silbert, Gregory)
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Filing 16
MOTION for Paul Richard Genender to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17740182. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sears Holdings Corporation. (Attachments: #1 Affidavit of Paul R. Genender, #2 Texas Supreme Court CoGS, #3 NYS Appellate Division, 3rd Department CoGS, #4 Text of Proposed Order)(Genender, Paul)
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Filing 15
ORDER terminating #7 Letter Motion to Consolidate Cases: See Text Order dated 10/7/2019 (Doc. #14). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 14
ORDER terminating #13 Letter Motion to Consolidate Cases: Because Debtors have not yet filed a motion to stay the Debtors' 506(c) Appeal, the Court will DISREGARD the instant letter-motion to the extent it purports to be a response to such a motion. The Court will also DISREGARD the letter-motion to the extent it reiterates the arguments previously made in the Direct Certification Motion. It appears that counsel for the Second Lien Holders believe their clients' position is somehow advanced by making premature and/or repetitive arguments to the Court. In that regard, counsel is mistaken. To the extent the letter-motion requests that the 506(c) Appeals be consolidated with the 507(b) Appeals, that application is DENIED WITHOUT PREJUDICE. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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Filing 13
LETTER MOTION to Consolidate Cases 19-cv-8002; 19-cv-7782; 19-cv-7660; 19-cv-8237; 19-cv-7697 and to Certify for Direct Appeal; and response to Debtors' September 27, 2019 letter #10 addressed to Judge Vincent L. Briccetti from Thomas J. Moloney dated October 4, 2019. Document filed by ESL Investments, Inc..(Moloney, Thomas)
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Filing 12
NOTICE OF RECORD OF APPEAL AVAILABILITY (COMPLETION). Re: #1 Bankruptcy Appeal,. All Documents from the United States Bankruptcy Court - Southern District of New York have been filed with the U.S.D.C. S.D.N.Y. Record of Appeal is Complete and Available Electronically. Appellant Brief due by 11/1/2019. (bkar)
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Filing 11
BANKRUPTCY APPEAL SCHEDULING AND INITIAL CONFERENCE ORDER: The above-captioned bankruptcy appeals having been assigned to the Hon. Vincent L. Briccetti on October 1, 2019, it is hereby ORDERED; 1. The briefing schedule and format and length specifications set forth in the applicable provisions of Federal Rules of Bankruptcy Procedure 8015 through 8018 apply unless otherwise ordered by the Court. 2. The parties shall promptly provide to the Court a suitably bound courtesy copy of the Joint Appendix or other compilation(s) comprising the documents designated for the record on appeal, as well as courtesy copies of their briefs and other filings in connection with the appeal. 3. A conference will be held herein on October 17, 2019, at 11:30 a.m., at the United States Courthouse, Courtroom 620, 300 Quarropas Street, White Plains, NY 10601, as further set forth in this Order. Initial Conference set for 10/17/2019 at 11:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 10/1/2019) (mml)
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Nelson Stephen Roman is no longer assigned to the case. (wb)
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Filing 10
LETTER addressed to Judge Nelson Stephen Roman from Gregory Silbert dated September 27, 2019 re: to request a pre-motion conference. Document filed by Sears Holdings Corporation.(Silbert, Gregory)
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Filing 9
NOTICE OF APPEARANCE by Gregory Stewart Silbert on behalf of Sears Holdings Corporation. (Silbert, Gregory)
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Filing 8
ORDER FOR PRO HAC VICE ADMISSION granting #6 Motion for Ze-Wen Julius Chen to Appear Pro Hac Vice. (As further set forth in this Order.) Clerk of the Court requested to terminate the motion (doc. 6). (Signed by Judge Nelson Stephen Roman on 9/20/2019) (cf)
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Filing 7
LETTER MOTION to Consolidate Cases 7:19-cv-7660-VB, 7:19-cv-07697-VB, 7:19-cv-7782-VB, 7:19-cv-8002-NSR, and 7:19-cv-8237-UA addressed to Judge Vincent L. Briccetti from Edward M. Fox dated September 19, 2019. Document filed by Wilmington Trust, National Association.(Wolfe, Owen)
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Filing 6
MOTION for Ze-Wen Julius Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17627159. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Official Committee of Unsecured Creditors of Sears Holdings Corporation, et al.(Chen, Z.W.)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Ze-Wen Julius Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17627159. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 5
DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant Sears Holdings Corporation. (bkar)
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Filing 4
NOTICE OF APPEARANCE by Joseph Lee Sorkin on behalf of Official Committee of Unsecured Creditors of Sears Holdings Corporation, et al. (Sorkin, Joseph)
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CASE DECLINED AS NOT RELATED. Case referred as related to 7:19-cv-7697 and declined by Judge Vincent L. Briccetti and returned to wheel for assignment. (bcu)
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NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (bcu)
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CASE DECLINED AS NOT RELATED. Case referred as related to 7:19-cv-07660 and declined by Judge Vincent L. Briccetti and returned to wheel for assignment. (bcu)
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Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (bcu)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-07660, 19-cv-07697 and 19-cv-07782. Document filed by Sears Holdings Corporation.(Friedmann, Jared)
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Filing 2
CIVIL COVER SHEET filed. (bkar)
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Filing 1
NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Robert D. Drain dated August 8, 2018. Bankruptcy Court Case Numbers: 18-B-23538 (RDD). Certified copies of file received.Document filed by Sears Holdings Corporation.(bkar)
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Case Designated ECF. (bkar)
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BANKRUPTCY APPEAL CASE REFERRED BY ATTORNEY TO Judge Vincent L. Briccetti as possibly related to 19-cv-7660. (bkar)
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