2020-11-03_GENERAL DOCUMENTS - C1980004

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 11/3/2020
• Doc Name Note: Case No. 20-12043 ‎(GRH)‎ Hopedale Mining LLC
• Doc Name: Bankruptcy Notice
• From: DRMS
• To: Epiq Corpoorate Restructuring, LLC
• Permit Index Doc Type: General Correspondence
• Email Name: JRS
• Email Name: JDM
• Email Name: GRM
• Email Name: CMM
• Email Name: CCW
• Media Type: D
• Archive: No

Case 1:20-bk-12043 Doc 498 Filed 10/23/20 Entered 10/23/20 08:57:50 Desc Main
Document Page 3 of 5
current Filing Exclusivity Period and Soliciting Exclusivity Period will expire on November 19,
2020 and January 18, 2021, respectively, absent further order of this Court.
5. Section 1121(d)(1) of the Bankruptcy Code permits this Court to extend a debtor's
exclusivity "for cause," subject to certain limitations not relevant here. Although the Bankruptcy
Code does not define the term "cause," the legislative history indicates the term should be viewed
flexibly "in order to allow the debtor to reach an agreement." H.R. Rep. No. 95, 95th Cong., 1 st
Sess. 232 (1997); see also In re Amko Plastics, Inc., 197 B.R. 74, 77 (Bankr. S.D. Ohio 1996);
accord Gaines v. Perkins (In re Perkins), 71 B.R. 294, 297-98 (W.D. Tenn. 1987); Teachers Insur.
& Annuity Assoc. of Am. v. Lake in the Woods (In re Lake in the Woods), 10 B.R. 338, 344-45
(E.D. Mich. 1981); In re Ravenna Indus., Inc., 20 B.R. 886, 889 (Bankr. N.D. Ohio 1982); In re
Ames Dep't Stores Inc., 1991 WL 259036, at *3 (S.D.N.Y. Nov. 25, 1991) ("The purpose of the
Bankruptcy Code's exclusivity period is to allow the debtor flexibility to negotiate with its
creditors.").
6. The decision to extend exclusivity is fact -specific; courts examine several factors
to determine whether "cause" exists to extend the Exclusivity Periods. These factors include (a)
the size and complexity of the case, (b) the debtor's progress in resolving issues facing the estate,
and (c) whether an extension of time will harm the debtor's creditors. See, e.g., Amko Plastics, 197
B.R. at 76-77; accord In re Gibson & Cushman Dredging Corp., 101 B.R. 405, 409-10 (E.D.N.Y.
1989); In re Serv. Merch. Co., Inc., 256 B.R. 744, 751-54 (Bankr. M.D. Tenn. 2000); In re Crescent
Mfg. Co., 122 B.R. 979, 982-83 (Bankr. N.D. Ohio 1990); In re Southwest Oil Co. ofJourdanton,
Inc., 84 B.R. 448, 451-54 (Bankr. W.D. Tex. 1987).
7. Under these standards, the "cause" required by 11 U.S.C. § 1121(d)(1) is present in
these Chapter 11 Cases. As this Court is aware, on September 4, 2020, this Court entered its
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