Real Industry filed with the U.S. Bankruptcy Court an objection to the ad hoc committee of equity security holders’ motion to shorten notice with respect to the ad hoc committee’s motion to (1) terminate the Company’s exclusivity and (2) adjourning the Disclosure Statement hearing.
The Debtors assert, “The relief sought in the Exclusivity Termination Motion seeks to disrupt the Debtor’s plan solicitation process by, among other things, adjourning the Disclosure Statement Hearing Date to an unknown date. Without any mention of the fact that such a modified timeline would cause the Debtor to default under its post-petition financing facility, to the detriment of the estate and common shareholders, the Ad Hoc Committee asserts what are essentially Plan confirmation objections as grounds to terminate exclusivity. None of these asserted grounds for termination of Real Industry’s exclusivity period warrant a hearing on the Exclusivity Termination Motion in advance of the Disclosure Statement Hearing Date.”
In addition, “Therefore, not surprisingly, the Motion to Shorten does not even attempt to explain why such arguments must be heard in advance of the Disclosure Statement Hearing Date….At a minimum, the Court should require that the Exclusivity Termination Motion be heard on the Disclosure Statement Hearing Date, with objections to be filed on or before March 26, 2018 at 4:00 p.m. (which is the same date as the Debtors’ deadline to file a reply to any objections to the motion to approve the Disclosure Statement).”
The Court subsequently issued an order denying the ad hoc committee’s motion to shorten notice with respect to the exclusivity termination and Disclosure Statement adjournment motions.
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