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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
In re: §
§ SPEEDCAST INTERNATIONAL §
LIMITED, et al., § Case No. 20-32243 (MI) § Chapter 11
Debtors. § (Jointly Administered)
THE BURCHELL GROUP, INC.’S MOTION FOR ENLARGEMENT OF TIME TO FILE PROOF OF CLAIM
TO BE CONSIDERED AS TIMELY FILED CLAIM
THIS MOTION SEEKS AN ORDER THAT MAY ADVERSELY AFFECT YOU. IF YOU OPPOSE THE MOTION, YOU SHOULD IMMEDIATELY CONTACT THE MOVING PARTY TO RESOLVE THE DISPUTE. IF YOU AND THE MOVING PARTY CANNOT AGREE, YOU MUST FILE A RESPONSE AND SEND A COPY TO THE MOVING PARTY. YOU MUST FILE AND SERVE YOUR RESPONSE WITHIN TWENTY-ONE (21) DAYS OF THE DATE THIS WAS SERVED UPON YOU. YOUR RESPONSE MUST STATE WHY THE MOTION SHOULD NOT BE GRANTED. IF YOU DO NOT FILE A TIMELY RESPONSE, THE RELIEF MAY BE GRANTED WITHOUT FURTHER NOTICE TO YOU. IF YOU OPPOSE THE MOTION AND HAVE NOT RECEIVED AN AGREEMENT, YOU MUST ATTEND THE HEARING. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT MAY CONSIDER EVIDENCE AT THE HEARING AND MAY DECIDE THE MOTION AT THE HEARING.
A HEARING HAS BEEN SELF-CALENDARED AND WILL BE HEARD ON AUGUST 4, 2021 AT 9:00 A.M. VIA TELEPHONE AND VIDEO CONFERENCE. THE INSTRUCTIONS ARE PROVIDED BELOW.
Audio communication will be by use of the Court’s dial-in facility. You may access the facility at (832) 917-1510. You will be responsible for your own long-distance charges. Once connected, you will be asked to enter the conference room number. Judge Isgur’s conference room number is 954554. You may view video via GoToMeeting. To use GoToMeeting, the Court recommends that you download the free GoToMeeting application. To connect, you should enter the meeting code “JudgeIsgur” in the GoToMeeting app or click the link on Judge Isgur’s home page on the Southern District of Texas website. Once connected, click the settings icon in the upper right corner and enter your name under the personal information setting.
REPRESENTED PARTIES SHOULD ACT THROUGH THEIR ATTORNEY. TO THE HONORABLE MARVIN ISGUR, U.S. BANKRUPTCY JUDGE:
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COMES NOW, THE BURCHELL GROUP, INC. (“Movant” or “Burchell”), creditor and party-in-interest, and makes this Burchell Group, Inc.’s Motion for Enlargement of Time to File Proof of Claim to be Considered as Timely Filed Claim, and would show this Court as follows:
I.
Jurisdiction and Venue
1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. § 1334. Venue of the Debtor’s case in this district is proper pursuant to 28 U.S.C. § 1408.
2. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (B) and (O). This Court has the constitutional authority to enter a final order in this matter. If it is determined that the bankruptcy judge does not have constitutional authority to enter a final order or a judgment in this matter, Burchell consents to entry of a final order or judgment.
II.
Relief Requested
3. Burchell seeks an order enlarging the time period for it to file its claim and allowing the claim to serve as a timely filed claim within the claims bar date.
III.
Factual Background
4. The Burchell Group, Inc. is an information technology company. Burchell provided information technology and network engineering services to Speedcast from September of 2019, through June of 2020.
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6, 2020, the United States Trustee appointed an official committee of unsecured creditors pursuant to section 1102 of the Bankruptcy Code to represent the interests of unsecured creditors in these Chapter 11 Cases.
6. Burchell did not receive actual notice of the filing of the Debtors’ bankruptcy cases, and it did not have constructive knowledge of the bankruptcy cases from any other source. Burchell continued providing services to the Debtors after the bankruptcy filing but was not told that the Debtors were in bankruptcy.
7. On July 6, 2020, the Bankruptcy Court entered an order approving: (i) August 6, 2020, as the deadline for all creditors or other parties in interest to file proofs of Claim; and (ii) October 20, 2020 as the deadline for all governmental units to file a proof of Claim. The certificate of mailed of that order reflects that the order was not served on Burchell. (See Doc. No. 472).
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Further, on July 7, 2020, Burchell’s office was no longer located at 11200 W. Broadway, Suite 2348, Pearland, TX 77584. The company’s office moved from that location in March of 2020. The only two persons in the office in July of 2020, who could or would have received and opened mail was the principal of Burchell, Jamie Burchell, and his wife Genine Burchell. Neither one of them ever received the notice of claims bar date or any other correspondence or notice in this bankruptcy case stating that Speedcast had filed bankruptcy or that there was a deadline by which claims had to be filed. (See Declaration of Jamie Burchell attached hereto).
9. On November 3, 2020, the Debtors filed their disclosure statement for the amended joint plan of reorganization. On January 20, 2021, the Debtors filed their third amended plan. On January 22, 2021, this Court entered an order confirming the Debtors’ plan of reorganization. Under the plan as confirmed, allowed unsecured trade claims are treated in Class 4A and will share a pro rata distribution from a trade claim cash pool of $25,000,000. The disclosure statement projected a recovery of 27 – 37% for the holders of the allowed unsecured trade claims.
5 The email stated:
Hi Jamie,
Thank you for your email and the statement. Please find the updated spreadsheet for inv/payment status. Also, need your help to provide the invoice copies for the below list for further checking:
Invoice 09/12/2019 7669 SpeedCast Net 30 10/12/2019 552 910.12 please provide invoice copy Invoice 10/28/2019 7879 SpeedCast Net 30 11/27/2019 506 3,330.93 please provide invoice copy Invoice 10/28/2019 7894 SpeedCast Net 30 11/27/2019 506 4,998.13 please provide invoice copy Invoice 11/12/2019 7977 SpeedCast Net 30 12/12/2019 491 3,431.20 please provide invoice copy Invoice 11/12/2019 7978 SpeedCast Net 30 12/12/2019 491 4,342.86 please provide invoice copy Invoice 11/26/2019 8037 SpeedCast Net 30 12/26/2019 477 3,421.77 please provide invoice copy Invoice 11/26/2019 8038 SpeedCast Net 30 12/26/2019 477 4,717.99 please provide invoice copy Invoice 12/12/2019 8111 SpeedCast Net 30 01/11/2020 461 3,522.78 please provide invoice copy Invoice 12/12/2019 8112 SpeedCast Net 30 01/11/2020 461 4,427.27 please provide invoice copy Invoice 04/01/2020 8538 SpeedCast Net 30 05/01/2020 350 3,808.80 -
Invoice 05/13/2020 8652 SpeedCast Net 30 06/12/2020 308 3,543.86 please provide invoice copy Invoice 05/13/2020 8653 SpeedCast Net 30 06/12/2020 308 3,586.23 please provide invoice copy Invoice 05/13/2020 8654 SpeedCast Net 30 06/12/2020 308 4,614.26 please provide invoice copy Invoice 05/13/2020 8655 SpeedCast Net 30 06/12/2020 308 4,785.84 please provide invoice copy Invoice 06/04/2020 8712 SpeedCast Net 30 07/04/2020 286 4,338.49 please provide invoice copy
Thank you Warm regards,
Siti
---Siti Rahimullah
Accounts Payable Executive
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11. On or about June 7, 2021, Burchell discovered that the Debtors had filed a Chapter 11 bankruptcy and confirmed a plan of reorganization. Burchell hired counsel to pursue its rights.
IV.
Argument and Authorities
12. The time period for filing claims should be enlarged as to Burchell, and Burchell should be allowed to have its claim serve as a timely claim within the bar date, because it did not receive actual notice of the bankruptcy or the bar date. “A creditor’s claim can be barred for untimeliness only upon a showing that it received reasonable notice.” Oppenheim, Appel, Dixon
& Co. v. Bullock (In re Robintech, Inc.), 863 F.2d 393, 396 (5th Cir.), cert. denied, 493 U.S. 811,
110 S. Ct. 55, 107 L. Ed. 2d 24 (1989). “Whether a creditor received adequate notice depends on the facts and circumstances of each case.” Eagle Bus Mfg. v. Rogers, 62 F.3d 730, 735 (5th Ci. 1995). Due process requires notice that is “reasonably calculated to reach all interested parties, reasonably conveys all of the required information, and permits a reasonable amount of time for response.” Bullock, 863 F.2d at 396. A claimant may file a late proof of claim if he can show that failure to allow the filing would be violative of due process. Eagle Bus Mfg. v. Rogers, 62 F.3d at 735.
13. Burchell has shown that its failure to file a claim would violate due process. It should be allowed a timely claim. Because Burchell did not know the Debtor was in bankruptcy and did not have any notice of the bar date, it did not file anything in the bankruptcy court that would preserve its claim under the bar date.
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with an earlier deadline ‘was the result of excusable neglect.” Pioneer Inv. Services Co. v.
Brunswick Assocs. Ltd. Partnership, 507 U.S. 380, 382 - 383, 113 S.Ct. 1489, 1491-92, 123 L. Ed.
2d 74 (1993) (quoting Bankruptcy Rule 9006(b)(1)). In Pioneer, the Court emphasized that excusable neglect was not limited to errors caused by circumstances beyond the late-filing party’s control and concluded that the concept of neglect was “somewhat elastic” and could include “inadvertent delays.” Id. at 391 - 392, 113 S.Ct. at 1496. Accord United States v.
Clark, 51 F.3d 42, 43 (5th Cir.1995). The determination is an equitable one that takes into account
“all relevant circumstances surrounding the party’s omission,” which includes the danger of prejudice to the debtor, length of delay and its potential impact on judicial proceedings, reason for the delay, whether the delay was in reasonable control of movant, and whether movant acted in good faith. Id., 113 S. Ct. at 1498.
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Burchell has acted in good faith. This Court should grant the enlargement and recognize Burchell’s claim as a timely claim within the bar date.
WHEREFORE, PREMISES CONSIDERED, The Burchell Group, Inc. respectfully requests that this Court grant the Motion, enlarge the deadline for The Burchell Group, Inc. to file its class 4A claim, and recognize that proof of claim as a timely filed nonpriority unsecured class 4A claim.
DATED: June 29, 2021 Respectfully submitted, WAUSON | PROBUS
By:___/s/ Matthew B. Probus ____ Matthew B. Probus
State Bar No. 16341200 Federal ID 10915
[email protected] One Sugar Creek Center Blvd., Suite 880 Sugar Land, Texas 77478
(281) 242-0303 (Telephone) (281) 242-0306 (Facsimile)
ATTORNEYS FOR MOVANT, THE BURCHELL GROUP, INC.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served on those parties on the Court’s PACER/ECF list electronically and on those parties listed on the attached Master Service List via United States regular mail, postage prepaid, first class, on this 29th day of June 2021.
McKinney, TX 75069 New Orleans, LA 70139 Houston, TX 77073
APT Satellite Company Limited Huang Baozhong
22 Dai Kwai Street, Tai Po Industrial Estate Hong Kong,
Hong Kong
Asia Satellite Telecommunications Company Limited
Sue Yeung, Roger Tong, Vera Kwok 15 Dai Kwai Street Tai Po Industrial Estate Tai Po, New Territories
Hong Kong, Hong Kong
Berger Singerman LLP Jordi Guso, Esq. 1450 Brickell Avenue
Suite 1900 Miami, FL 33131
Buchalter, a Professional Corporation Shawn M. Christianson 55 Second Street, 17th Floor San Francisco, CA 94105-3493
Comptroller of Public Accounts of the State of Texas
Christopher S. Murphy, Assistant Attorney General
Bankruptcy & Collections Division MC 008 PO Box 12548 Austin, TX 78711-2548 Cooley LLP Cullen D. Speckhart 1299 Pennsylvania Avenue, NW Suite 700 Washington, DC 20004
Davis Polk & Wardwell LLP
Damian Schaible, David Schiff, Jonah A. Peppiatt, Jarret Erickson
450 Lexington Avenue New York, NY 10017
Eutelsat SA
Julie Burguburu, Company Secretary & Group General Counsel
70 Rue Balard Paris, 75015
France
Federal Communications Commission Attn General Counsel
445 12th Street SW Washington, DC 20554
Haynes and Boone, LLP
Charles A. Beckham, Jr., Arsalan Muhammad 1221 McKinney, Suite 2100
Houston, TX 77010
Hogan Lovells US LLP David Simonds 1999 Avenue of the Stars
Suite 1400 Los Angeles, CA 90067
Hogan Lovells US LLP
John D. Beck, Ron J. Silverman, Michael Hefter 390 Madison Avenue New York, NY 10017 Hogan Lovells US LLP S. Lee Whitesell 609 Main Street Suite 4200 Houston, TX 77002 Husch Blackwell LLP Randall A. Rios, Timothy A. Million
600 Travis St., Suite 2350 Houston, TX 77002
Inmarsat Global Limited Shirin Dhala, Sam Horrocks
99 City Road London, EC1Y 1AX
United Kingdom
Intellian
Julia Kim, Edward Joannides 11 Studebaker Irvine, CA 92618
Internal Revenue Service Centralized Insolvency Operation
PO Box 7346 Philadelphia, PA 19101-7346
Internal Revenue Service Centralized Insolvency Operation
2970 Market St Philadelphia, PA 19104
Internal Revenue Service 1919 Smith Street Houston, TX 77002
Joseph G. Epstein PLLC Joseph G. Epstein 24 Greenway Plaza, Suite 970
Houston, TX 77046
Kane Russell Coleman Logan PC Michael P. Ridulfo 5051 Westheimer Road, 10th Floor
Houston, TX 77056
Kern County Treasurer and Tax Collector Office
Linda Delgado Bankruptcy Division PO Box 579
Bakersfield, CA 93302-0579
Kirkland & Ellis LLP and Kirkland & Ellis International, LLP
Edward O. Sassower, Anthony Grossi, Steven N. Serajeddini
601 Lexington Avenue New York, NY 10022
Kleinbert, Kaplan, Wolff & Cohen, P.C. Matthew J. Gold
500 Fifth Avenue New York, NY 10110
Kurtzman Carson Consultants Joe Morrow
222 N Pacific Coast Highway, Suite 300 El Segundo, CA 90245
Linebarger Goggan Blair & Sampson LLP Diane W. Sanders
PO Box 17428 Austin, TX 78760-7428
Linebarger Goggan Blair & Sampson LLP Don Stecker
Suite 1000
Dallas, TX 75207 Houston, TX 77253-3064 Chicago, IL 60606
McCreary, Veselka, Bragg & Allen, P.C Tara LeDay
P. O. Box 1269 Round Rock, TX 78680
McKool Smith, P.C. Gayle R. Klein One Manhattan West 395 9th Avenue, 50th Floor
New York, NY 10001
McKool Smith, P.C.
John J. Sparacino, Veronica F. Manning, Thomas J. Eisweirth
600 Travis St., Ste. 7000 Houston, TX 77002
Meade Young, LLC Adam G. Young 556 Jefferson Street, Suite 200
Lafayette, LA 70501
Meade Young, LLC John Alden Meade 909 Poydras Street, Suite 1600
New Orleans, LA 70130
Morgan, Lewis & Bockius LLP David L. Lawton One State Street Harford, CT 06103-3178
Morgan, Lewis & Bockius LLP Jared Wilkerson, Winstol D. Carter, Jr.
1000 Louisiana Street Suite 4000 Houston, TX 77002-5048
Morgan, Lewis & Bockius LLP John C. Goodchild III, Esq., Matthew C. Ziegler,
Esq. 1701 Market Street Philadelphia, PA 19103
New Skies Satellites B.V. Francis Marquez, Brendan O’Callaghan
Rooseveltplantsoen 4 The Hague, KR 2517
The Netherlands
Norton Rose Fulbright US LLP Jason L. Boland, Bob B. Bruner
1301 McKinney Suite 5100 Houston, TX 77010
Office of Unemployment Compensation Tax Services (UCTS), Department of Labor and Industry, Commonwealth of Pennsylvania
Deb Secrest Collections Support Unit 651 Boas Street, Room 925
Harrisburg, PA 17121
Oklahoma County Treasurer Tammy Jones, Pro Se 320 Robert S. Kerr, Room 307
Oklahoma City, OK 73102
Perdue, Brandon, Fielder, Collins & Mott, L.L.P.
c/o Eboney Cobb 500 E. Border Street
Suite 640 Arlington, TX 76010
Perdue, Brandon, Fielder, Collins & Mott, L.L.P.
c/o Laura J. Monroe PO Box 817 Lubbock, TX 79408
Perdue, Brandon, Fielder, Collins & Mott, L.L.P.
c/o Owen M. Sonik 1235 North Loop West
Suite 600 Houston, TX 77008 Pillsbury Winthrop Shaw Pittman LLP
Hugh M. Ray, III, William J. Hotze Two Houston Center 909 Fannin, Suite 2000
Houston, TX
Pillsbury Winthrop Shaw Pittman LLP Leo T. Crowley
31 West 52nd Street New York, NY 10019-6131
Porter Hedges LLP John F. Higgins, Emily D. Nasir
1000 Main Street, 36th Floor Houston, TX 77002 Proskauer Rose LLP Paul V. Possinger 70 West Madison Suite 3800 Chicago, IL 60602-4342 Proskauer Rose LLP Timothy Q. Karcher Eleven Times Square New York, NY 10036-8299
Rapp & Krock, PC Henry Flores, Kenneth M. Krock 1980 Post Oak Blvd, Suite 1200
Houston, TX 77056
Schlanger Silver LLP Julia A. Cook
109 North Post Oak Lane, Suite 300 Houston, TX 77024
Securities & Exchange Commission Fort Worth Regional Office 801 Cherry Street, Suite 1900, Unit 18
Fort Worth, TX 76102
Securities & Exchange Commission Secretary of the Treasury
100 F St NE Washington, DC 20549
Skadden, Arps, Slate, Meagher & Flom LLP Carl T. Tullson
One Rodney Square, P.O. Box 636 Wilmington, DE 19899-0636
Skadden, Arps, Slate, Meagher & Flom LLP David M. Wagener, Esq., Albert L. Hogan III, Ron
E. Meisler, Amy Van Gelder, Christopher M. Dressel
155 N. Wacker Drive Chicago, IL 60606
Skadden, Arps, Slate, Meagher & Flom LLP Steven Messina, Shana A. Elberg
Houston, TX 77002 12 Lord St Botany, NSW 2019
Australia
San Francisco, CA 94111
Steptoe & Johnson LLP Alfred M. Mamlet, Joshua R. Taylor
1330 Connecticut Ave, NW Washington, DC 20036
Steptoe & Johnson LLP Michael Dockterman 227 West Monroe St Suite 4700 Chicago, IL 60606 Telesat Canada Richard O'Reilly 160 Elgin Street Suite 2100 Ottawa, ON K2P 2P7 Canada Thrane And Thrane A/S Cobham SATCOM
David Grant Lundtoftegaardsvej 93 D
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US Attorney's Office Southern District of Texas
Richard A. Kincheloe 1000 Louisiana Suite 2300
Houston, TX 77002
US Trustee for the Southern District of Texas (Houston Division)
Hector Duran, Jr and Stephen Douglas Statham 515 Rusk Street
Suite 3516 Houston, TX 77002 Vinson & Elkins LLP
Matthew W. Moran, Trevor G. Spears 2001 Ross Ave., Suite 3900
Dallas, TX 75201
Vinson & Elkins LLP Paul E. Heath 1001 Fannin Street, Suite 2500
Houston, TX 77002
Wachtell, Lipton, Rosen & Katz Richard G. Mason, Amy R. Wolf, John R.
Sobolewski 51 West 52nd Street New York, NY 10019
Weil, Gotshal & Manges LLP Gary T. Holtzer, David N. Griffiths, Kelly DiBlasi
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Weil, Gotshal & Manges LLP Paul R. Genender, Amanda Pennington Prugh,
Jake R. Rutherford 200 Crescent Court, Suite 300
Dallas, TX 75201
Weil, Gotshal & Manges LLP Stephanie N. Morrison, Brenda L. Funk, Alfredo
R. Perez 700 Louisiana, Suite 1700
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White & Case LLP
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Winston & Strawn LLP Daniel J. McGuire 35 W. Wacker Drive
Chicago, IL 60601
Winston & Strawn LLP Katherine A. Preston 800 Capitol Street, Suite 2400
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
In re: §
§ SPEEDCAST INTERNATIONAL §
LIMITED, et al., § Case No. 20-32243 (MI) § Chapter 11
Debtors. § (Jointly Administered) DECLARATION OF JAMIE BURCHELL
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS §
I, JAMIE BURCHELL, hereby declare pursuant to 28 U.S.C. § 1746 as follows:
1. My name is Jamie Burchell. I am over eighteen (18) years of age. I am of sound mind, capable, competent and authorized to make this declaration. All of the facts stated herein are true and correct and within my personal knowledge.
2. The Burchell Group, Inc. (“Burchell”) is a Texas corporation that provides information technology and network engineering services. I am President and a Director of The Burchell Group, Inc. and the sole shareholder.
3. Burchell provided information technology and network engineering services to Speedcast from September of 2019, through June of 2020, for which it has not been paid.
4. Burchell did not receive notice of the filing of the Debtors’ bankruptcy cases, and it did not have knowledge of the bankruptcy cases from any other source, until June 7, 2021. On or about June 7, 2021, Burchell discovered that the Debtor had filed a Chapter 11 bankruptcy and confirmed a plan of reorganization. Burchell hired counsel to pursue its rights immediately. 5. On April 20, 2021, I sent an email to the Speedcast accounts payable department asking how
Burchell could get paid on the past due invoices Speedcast owed to it. I received an email from an accounts payable executive at Speedcast named Siti Rahimullah with a signature block showing an address of Suite 3A-20, Level 20, Block 3A, Plaza Sentral, Jalan Stesen Sentral 5,
50470 Kuala Lumpur Direct: + 603 2059 3100
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Hi Jamie,
Thank you for your email and the statement. Please find the updated spreadsheet for inv/payment status. Also, need your help to provide the invoice copies for the below list for further checking:
Invoice 09/12/2019 7669 SpeedCast Net 30 10/12/2019 552 910.12 please provide invoice copy Invoice 10/28/2019 7879 SpeedCast Net 30 11/27/2019 506 3,330.93 please provide invoice copy Invoice 10/28/2019 7894 SpeedCast Net 30 11/27/2019 506 4,998.13 please provide invoice copy Invoice 11/12/2019 7977 SpeedCast Net 30 12/12/2019 491 3,431.20 please provide invoice copy Invoice 11/12/2019 7978 SpeedCast Net 30 12/12/2019 491 4,342.86 please provide invoice copy Invoice 11/26/2019 8037 SpeedCast Net 30 12/26/2019 477 3,421.77 please provide invoice copy Invoice 11/26/2019 8038 SpeedCast Net 30 12/26/2019 477 4,717.99 please provide invoice copy Invoice 12/12/2019 8111 SpeedCast Net 30 01/11/2020 461 3,522.78 please provide invoice copy Invoice 12/12/2019 8112 SpeedCast Net 30 01/11/2020 461 4,427.27 please provide invoice copy Invoice 04/01/2020 8538 SpeedCast Net 30 05/01/2020 350 3,808.80 -
Invoice 05/13/2020 8652 SpeedCast Net 30 06/12/2020 308 3,543.86 please provide invoice copy Invoice 05/13/2020 8653 SpeedCast Net 30 06/12/2020 308 3,586.23 please provide invoice copy Invoice 05/13/2020 8654 SpeedCast Net 30 06/12/2020 308 4,614.26 please provide invoice copy Invoice 05/13/2020 8655 SpeedCast Net 30 06/12/2020 308 4,785.84 please provide invoice copy Invoice 06/04/2020 8712 SpeedCast Net 30 07/04/2020 286 4,338.49 please provide invoice copy
Thank you Warm regards,
Siti
---Siti Rahimullah
Accounts Payable Executive
There was no mention at all in the email that Speedcast was in a bankruptcy case.
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date on July 23, 2020 (Doc. No. 525) reflecting service of the notice by mail on July 7, 2020, at the following address: “The Burchell Group, Carrie Forrest, 11200 W. Broadway Ste. 2348, Pearland, TX 77584.”
7. On July 7, 2020, Ms. Forrest was no longer working for Burchell. Ms. Forrest left the company in December of 2019. Further, on July 7, 2020, Burchell’s office was not located at 11200 W. Broadway, Suite 2348, Pearland, TX 77584. The company’s office moved from that location in March of 2020.
8. The only two persons in the office in July of 2020 who received and opened mail was me and my wife Genine Burchell. Neither one of us ever received any correspondence or notice in this bankruptcy case stating that Speedcast had filed bankruptcy or that there was a deadline by which claims had to be filed.
I declare under penalty of perjury that the forging is true and correct.
My name is Jamie Burchell, and my address is ____________________. I declare under penalty of perjury that the foregoing is true and correct. Executed in ___________ County, State of Texas, on the ____ day of June 2021.
_________________________________ Jamie Burchell
Brazoria 28th
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
In re: §
§ SPEEDCAST INTERNATIONAL §
LIMITED, et al., § Case No. 20-32243 (MI) § Chapter 11
Debtors. § (Jointly Administered)
ORDER ALLOWING THE BURCHELL GROUP, INC.’S CLASS 4A CLAIM AS LATE FILED PROOF OF CLAIM
[Ref. Doc. No. ____]
CAME ON THIS DAY The Burchell Group, Inc., creditor in this case, who filed it’s the Burchell Group, Inc.’s Motion for Enlargement of Time to File Claim and for Allowance of Claim to be Considered as Timely Filed Claim, and the Court having considered the pleadings on file and argument of counsel, it is:
ORDERED, that the time period for filing proofs of claim is hereby enlarged for the purposes of allowing The Burchell Group, Inc. to file a nonpriority unsecured class 4A claim against the Debtors on or before _________________________, 2021.
SIGNED, this _________ of ___________________________, 2021.
______________________________________ JUDGE MARVIN ISGUR