Case 14-34941-sgj11 Doc 658 Filed 01/22/15 Entered 01/22/15 13:12:17 Page 1 of 4 Texas State Bar No. 24079031 Bankruptcy & Collections Division P. O. Box 12548 Austin, Texas 78711-2548 P: (512) 463-2173/F: (512) 936-1409 christopher.murphy@texasattorneygeneral.gov ATTORNEY FOR TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION In Re: Chapter 11 ALCO STORES, INC., et al., 1 CASE NO. 14-34941-SGJ Jointly Administered Debtors. AGREED MOTION TO CONTINUE HEARING ON TEXAS PARKS AND WILDLIFE S MOTION TO COMPEL TURNOVER BY DEBTOR OF TRUST FUNDS AND TERMINAL LICENSE SYSTEM EQUIPMENT [DKT. NO. 545] COME NOW, the Texas Parks and Wildlife Department, by and through the Office of the Texas Attorney General ( TPW ) and the Debtor ALCO Stores, Inc., et al. ( Debtor ) (collectively, the Parties ), respectfully move the Court to continue the January 26, 2015 at 1:30 p.m. hearing on the Motion to Compel Turnover by Debtor of Trust Funds and Terminal License System Equipment to Texas Parks and Wildlife Department [Dkt. No. 545] ( Motion ) until March 6, 2015 at 9:30 a.m., and in support respectfully state as follows: 1 The Debtors in these chapter 11 cases, along with the last four (4) digits of their taxpayer identification number, are ALCO Stores, Inc. (1080) and ALCO Holdings, LLC (0364). The mailing address of the Debtors, solely for purposes of notices and communications, is ALCO Stores, Inc., 751 Freeport Parkway, Coppell, Texas 75019.
Case 14-34941-sgj11 Doc 658 Filed 01/22/15 Entered 01/22/15 13:12:17 Page 2 of 4 1. On December 19, 2014, TPW filed its Motion. Dkt. No. 545. 2. On December 29, 2014, the Court set the Motion for hearing on January 26, 2015 at 1:30 p.m. Dkt. No. 571. 3. The Parties have agreed to attempt to resolve the issues raised by the Motion without the need for a hearing and believe that resolution of the issues without utilizing the Court s time and resources will be in the best interests of all Parties. Accordingly, good cause exists for a continuance of the currently scheduled hearing for January 26, 2015. WHEREFORE, PREMISES CONSIDERED, the Parties respectfully request that the Court pass the currently scheduled January 26, 2015 at 1:30 p.m. hearing on TPW s Motion and continue the hearing until March 6, 2015 at 9:30 a.m. Dated: January 22, 2015. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First JAMES E. DAVIS Deputy Attorney General for Civil Litigation RONALD R. DEL VENTO Chief, Bankruptcy & Collections Division /s/ Chris Murphy Texas State Bar No. 24079031 Bankruptcy & Collections Division P. O. Box 12548 Austin, Texas 78711-2548 P: (512) 463-2173/F: (512) 936-1409 2
Case 14-34941-sgj11 Doc 658 Filed 01/22/15 Entered 01/22/15 13:12:17 Page 3 of 4 christopher.murphy@texasattorneygeneral.gov ATTORNEYS FOR TEXAS PARKS AND WILDLIFE DEPARTMENT DLA PIPER LLP (US) By: /s/ Vincent P. Slusher Vincent P. Slusher, State Bar No. 00785480 vince.slusher@dlapiper.com Andrew Zollinger, State Bar No. 24063944 Andrew.zolinger@dlapiper.com DLA Piper LLP (US) 1717 Main Street, Suite 4600 Dallas, Texas 75201-4629 Telephone: (214) 743-4500 Facsimile: (214) 743-4545 Thomas R. Califano (admitted pro hac vice) thomas.califano@dlapiper.com Daniel G. Egan (admitted pro hac vice) daniel.egan@dlapiper.com DLA Piper LLP (US) 1251 Avenue of the Americas New York, New York 10020-1104 Tel: (212) 335-4500 Fax: (212) 335-4501 ATTORNEYS FOR THE DEBTORS AND DEBTORS IN POSSESSION 3
Case 14-34941-sgj11 Doc 658 Filed 01/22/15 Entered 01/22/15 13:12:17 Page 4 of 4 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document has been served via the Court s Electronic Filing System on all parties requesting notice in this proceeding and that copies were mailed to the counsel and parties listed below, via first class U.S. Mail, postage prepaid on January 22, 2015. ALCO Holdings, LLC 751 Freeport Parkway Coppell, TX 75019 Debtor Vincent P. Slusher DLA Piper LLP US 1717 Main Street Suite 4600 Dallas, TX 75201 Counsel for Debtor United States Trustee 1100 Commerce Street Room 976 Dallas, TX 75242 /s/ Chris Murphy 4
Case 14-34941-sgj11 Doc 658-1 Filed 01/22/15 Entered 01/22/15 13:12:17 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION In Re: Chapter 11 ALCO STORES, INC., et al., 1 CASE NO. 14-34941-SGJ Jointly Administered Debtors. PROPOSED ORDER GRANTING AGREED MOTION TO CONTINUE HEARING ON TEXAS PARKS AND WILDLIFE S MOTION TO COMPEL TURNOVER BY DEBTOR OF TRUST FUNDS AND TERMINAL LICENSE SYSTEM EQUIPMENT [DKT. NO. 545] Upon the Agreed Motion to Continue Hearing on Texas Parks and Wildlife s Motion to Compel Turnover by Debtor of Trust Funds and Terminal License System Equipment [Dkt. No. 545] (the Motion ) and this Court having determined that the relief requested in the Motion is in 1 The Debtors in these chapter 11 cases, along with the last four (4) digits of their taxpayer identification number, are ALCO Stores, Inc. (1080) and ALCO Holdings, LLC (0364). The mailing address of the Debtors, solely for purposes of notices and communications, is ALCO Stores, Inc., 751 Freeport Parkway, Coppell, Texas 75019.
Case 14-34941-sgj11 Doc 658-1 Filed 01/22/15 Entered 01/22/15 13:12:17 Page 2 of 3 the best interests of the Debtors, their estates, their creditors and other parties in interest, and sufficient cause exists therefore, it is hereby ORDERED THAT: 1. The Motion is GRANTED. 2. The Court shall hear the Motion on March 6, 2015 at 9:30 a.m. (prevailing Central Time) before the Honorable Stacey G.C. Jernigan, United States Bankruptcy Court for the Northern District of Texas, Earle Cabell Building, 1100 Commerce Street, 14th Floor, Dallas, TX 75242. 3. This Court shall retain jurisdiction with respect to any matters, claims, rights or disputes arising from or related to the implementation of this Order. Order submitted by: KEN PAXTON Attorney General of Texas CHARLES E. ROY First JAMES E. DAVIS Deputy Attorney General for Civil Litigation RONALD R. DEL VENTO Chief, Bankruptcy & Collections Division /s/ Chris Murphy Texas State Bar No. 24079031 Bankruptcy & Collections Division P. O. Box 12548 Austin, Texas 78711-2548 P: (512) 463-2173/F: (512) 936-1409 ###END OF ORDER### 2
Case 14-34941-sgj11 Doc 658-1 Filed 01/22/15 Entered 01/22/15 13:12:17 Page 3 of 3 christopher.murphy@texasattorneygeneral.gov ATTORNEYS FOR TEXAS PARKS AND WILDLIFE DEPARTMENT 3