Case 15-13441

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UNITED STATES BANKRUPTCY COURT

DISTRICT OF MASSACHUSETTS
EASTERN DIVISION
__________________________________________
In re:
)
)
BUCKINGHAM OIL INTERESTS, INC.
)
)
)
Debtor.
)
__________________________________________)

Chapter 11
Case No.: 15-13441 (JNF)

ASSENTED TO MOTION OF THE CHAPTER 11 TRUSTEE PURSUANT TO SECTION

521 OF THE BANKRUPTCY CODE, RULE 1007 OF THE FEDERAL RULES OF
BANKRUPTCY PROCEDURES AND MASSACHUSETTS LOCAL BANKRUPTCY
RULE 1007-1 FOR EXTENSION OF TIME TO FILE SCHEDULES OF ASSETS AND
LIABILITIES AND STATEMENT OF FINANCIAL AFFAIRS
Charles A. Dale III, the duly appointed Chapter 11 trustee for the bankruptcy estate of the
above-captioned debtor (the Chapter 11 Trustee) hereby moves pursuant to Section 521 of the
Bankruptcy Code, 1 Rule 1007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy
Rules), and Rule 1007-1 of the Local Bankruptcy Rules for the United States Bankruptcy Court
for the District of Massachusetts (the Local Rules), for entry of an order extending the time to
file the Debtors schedules of assets and liabilities and statement of financial affairs (the
Schedules) from September 15, 2015 to September 30, 2015. The Office of the United States
Trustee assents to the relief sought in this Motion. In support hereof, the Chapter 11 Trustee
states as follows:
Jurisdiction and Venue
1.

This Court has jurisdiction to consider this matter pursuant to 28 U.S.C. 157

and 1334. This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). Venue
is proper in this Court pursuant to 28 U.S.C. 1408 and 1409. The statutory and legal
1

11 U.S.C. 101 et seq.

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predicates for relief sought herein are Section 521 of the Bankruptcy Code, Bankruptcy Rule
1007, and Local Rule 1007-1.
Background
2.

On September 1, 2015 (the Petition Date), Buckingham Oil Interests, Inc. (the

Debtor) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (the
Chapter 11 Case) in the United States Bankruptcy Court for the District of Massachusetts (the
Court).
3.

Shortly before the Petition Date, Darryl Buckingham, the primary individual

conducting the Debtors business affairs, died. On the Petition Date, the United States Trustee
(the U.S. Trustee) moved, with the assent of the Debtor, for an order directing the appointment
of a Chapter 11 trustee. [Docket No. 2].
4.

On September 1, 2015, the Court entered an order authorizing the United States

Trustee to appoint a Chapter 11 trustee to conduct the Debtors business. [Docket No. 4].
5.

On September 1, 2015, the U.S. Trustee filed the Application for and Certificate

of Appointment of Chapter 11 Trustee, requesting the Courts approval of the appointment of

Charles A. Dale III as Chapter 11 Trustee (the Certificate of Appointment). [Docket No. 5].
6.

On September 1, 2015, the Court entered an order appointing the Chapter 11

Trustee. [Docket No. 6].

7.

The Section 341 meeting of creditors (the Section 341 Meeting) is scheduled

for October 6, 2015 at 12:30 p.m.

8.

Because of the circumstances of this case, the Chapter 11 Trustee believes that he,

not the Debtor, will be preparing and filing the Schedules to ensure that the Court, the U.S.
Trustee, and other parties-in-interest are provided with the most complete information possible.

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9.

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The Chapter 11 Trustee is working diligently to familiarize himself with the

Debtors affairs. While the Chapter 11 Trustee, his proposed counsel K&L Gates LLP, and his
proposed financial advisors Verdolino & Lowey, P.C., 2 are working expeditiously in preparing
the Schedules, they are simultaneously engaged in a number of competing time-sensitive tasks
associated with the bankruptcy filing. Because the Chapter 11 Trustee was not involved prior to
the Petition Date, the Chapter 11 Trustee requires additional time to review the Debtors books
and records, investigate its business relationships, and ascertain the extent and nature of its assets
in order to file accurate and comprehensive Schedules. Accordingly, the Chapter 11 Trustee
anticipates that he will require additional time to accurately prepare the Schedules.
Relief Requested
10.

Pursuant to Section 521 of the Bankruptcy Code and Bankruptcy Rule 1007, the

Debtor is required to file the Schedules on or before September 15, 2015. By this Motion, the
Chapter 11 Trustee respectfully requests that the Court extend the deadline to file the Schedules
to September 30, 2015, without prejudice the to the Chapter 11 Trustees ability to request
additional time should it become necessary.
11.

Bankruptcy Rule 1007(c) provides that any extension of time for the filing of the

schedules . . . may be granted only on motion for cause shown. Fed. R. Bankr. P. 1007(c).
12.

Local Rule 1007-1(g) provides that [u]pon the filing of a motion prior to the

expiration of the filing deadlines, and upon a showing of good cause, a debtor may seek one or
more extensions of the filing deadlines provided that the debtor state the date the petition was
filed, the time requested and provide proof of service on the United States trustee and any

The Trustee has filed applications to employ these professionals contemporaneously with the filing of this Motion.

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appointed trustee, committee elected under 705 or appointed under 1102 of the Code, and
any other party as the Court may direct.
13.

The Chapter 11 Trustee submits that cause exists in these circumstances,

warranting the brief extension requested. The Extension sought contemplates that the Schedules
will be filed approximately one week before the Section 341 Meeting. Notice of the Section 341
Meeting has been provided to all parties on the creditor matrix, and the Chapter 11 Trustee will
continue to supplement the matrix in advance of filing the Schedules or otherwise ensure that
creditors have timely notice of the time and date of the Section 341 Meeting. The Office of the
United States Trustee has indicated that it consents to the relief set forth herein.
14.

Accordingly, as there will be no prejudice or harm to creditors upon granting the

motion, the Chapter 11 Trustee submits that extending the deadline for the Trustee to file the
Schedules is appropriate under Rule 1007.
15.

Notice of this Motion has been given to (i) the Office of the United States Trustee

for Region One, (ii) counsel for the Debtor, (iii) the Debtors alleged pre-petition secured lender;
(iv) the Debtors potential twenty (20) largest unsecured creditors; and (v) any other parties
requesting notice. The Chapter 11 Trustee submits that, given the nature of the relief requested,
no other or further notice of the relief requested is necessary.
16.

No previous request for the relief sought herein has been made to this or any other

Court.

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WHEREFORE, the Chapter 11 Trustee respectfully requests entry of an order extending

the deadline to file the Schedules to September 30, 2015, and granting any such other and
further relief as is just and proper.

Dated: September 14, 2015

Respectfully submitted,
CHARLES A. DALE III,
CHAPTER 11 TRUSTEE
By his proposed counsel,
/s/ David A. Mawhinney
Mackenzie L. Shea (BBO No. 666241)
David A. Mawhinney (BBO No. 681737)
K&L Gates LLP
State Street Financial Center
One Lincoln Street
Boston, Massachusetts 02111
Tel: (617) 261-3100
Fax: (617) 261-3175
E-mail:
mackenzie.shea@klgates.com
david.mawhinney@klgates.com
Proposed counsel to the Chapter 11 Trustee

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