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In re AOG Entm't, Inc.

United States Bankruptcy Court for the Southern District of New York

September 16, 2016, Decided

Chapter 11, Case No. 16-11090 (SMB)

Opinion

 [*100]  MEMORANDUM DECISION DENYING SIMON ROBERT FULLER'S MOTION TO EXTEND THE CHALLENGE DEADLINE AND EX PARTE APPLICATION FOR AUTHORITY TO CONDUCT A RULE 2004 EXAMINATION

STUART M. BERNSTEIN

United States Bankruptcy Judge:

Simon Robert Fuller ("Fuller") is a former director and chief [**2]  executive officer of debtor 19 Entertainment Limited ("19 Entertainment"). Contemplating a possible challenge to the Debtors' prepetition secured debt, he has filed two motions that are currently before the Court. The first seeks to obtain discovery under Federal Rule of Bankruptcy Procedure 2004 ("Rule 2004") from Debtor AOG Entertainment, Inc. ("AOG") and certain of its debtor and non-debtor affiliates (collectively,  [*101]  the "CORE Entities") regarding the prepetition secured debt, a certain United Kingdom audit described below, and other matters. (See Ex Parte Motion for Order Authorizing Simon Robert Fuller to (A) Conduct a 2004 Examination of AOG Entertainment, Inc. and its Debtor and Non-Debtor Affiliates, and (B) Seek Related Document Production, dated Aug. 2, 2016 (the "Rule 2004 Motion") (ECF Doc. # 286).) The second seeks to extend the deadline for Fuller to bring a challenge to the Debtors' prepetition secured debt. (See Simon Robert Fuller's Motion to Extend Challenge Deadline, dated Aug. 12, 2016 (the "Extension Motion") (ECF Doc. # 308).) The Debtors oppose both motions, and the prepetition lenders oppose the Extension Motion.

The Court denies the Extension Motion for the reasons explained below. Because the challenge period has run [**3]  and no party can attack the extent or validity of the prepetition secured debt, the Rule 2004 Motion is moot. Alternatively, Fuller has failed to show cause for the relief sought in the Rule 2004 Motion. Accordingly, both motions are denied.

BACKGROUND2

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558 B.R. 98 *; 2016 Bankr. LEXIS 3380 **; 63 Bankr. Ct. Dec. 28

In re: AOG ENTERTAINMENT, INC., et al,1 Debtor.

Prior History: Huff Fund Inv. P'Ship v. CKx Inc., 2012 Del. Ch. LEXIS 185 (Del. Ch., Aug. 15, 2012)

CORE TERMS

Entertainment, Prepetition, Deadline, Entities, lenders, cases, discovery, Parties, affiliates, financing, guarantor, unsecured creditor, documents, Interim, enterprise, settlement, good cause, Non-Debtor, ad hoc, investigate, Collateral, appoint, obligor, Audit, potential cause, contingent, subsidiary

Bankruptcy Law, Bankruptcy, Case Administration, Examinations of Debtors, Claims, Types of Claims, Guarantor Claims, Business & Corporate Compliance, Contracts Law, Types of Contracts, Guaranty Contracts