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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE

In re: Chapter 7 (Involuntary)

Case No. 19-10573 (KG)
CommuniClique, Inc.

Debtor. Objection Date: June 14, 2019 at 4:00 p.m.

Hearing Date: June 21, 2019 at 11:00 a.m.

In re: Chapter 7 (Involuntary)

Case No. 19-10574 (KG)
Andrew Brent Powers

Debtor. Objection Date: June 14, 2019 at 4:00 p.m.

Hearing Date: June 21, 2019 at 11:00 a.m.

MOTION OF ALFRED T. GIULIANO, CHAPTER 7 TRUSTEE FOR ORDER (1)

EXTENDING TIME FOR THE DEBTORS TO FILE SCHEDULES AND STATEMENT
OF FINANCIAL AFFAIRS, AND (2) UPON THE DEBTORS’ FAILURE TO FILE
WITHIN THE EXTENSION PERIOD AUTHORIZING BUT NOT REQUIRING
CHAPTER 7 TRUSTEE TO PREPARE AND FILE DEBTORS’ SCHEDULES AND
STATEMENT OF FINANCIAL AFFAIRS AND APPROVING TRUSTEE’S
REIMBURSEMENT OF EXPENSES INCURRED AS AN ADMINISTRATIVE EXPENSE

Alfred T. Giuliano, the chapter 7 trustee (the “Trustee”) for the estates (the “Estates”) of

the above-captioned debtors (the “Debtors”), by and through his undersigned proposed counsel,

hereby moves this Court for entry of an Order approving the Motion of Alfred T. Giuliano,

Chapter 7 Trustee for Order (1) Extending Time for the Debtors to File Schedules and Statement

of Financial Affairs (as defined below), and (2) Upon the Debtors’ Failure to File within the

Extension Period Authorizing But Not Requiring Chapter 7 Trustee to Prepare and File Debtors’

Schedules and Statement of Financial Affairs (as defined below), and Approving Trustee’s

Reimbursement of Expenses Incurred as an Administrative Expense (the “Motion”). In support

of the Motion the Trustee avers as follows:

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Jurisdiction

1. The Court has jurisdiction over this Motion pursuant to 28 U.S.C. §§ 157 and

1334. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A).

2. Venue of this proceeding and this Motion is proper in this district pursuant to 28

U.S.C §§ 1408 and 1409.

3. The statutory predicates for the relief sought herein are Section 521 of Title 11 of

the United States Code (the “Bankruptcy Code”) and Rule 1007(a)(5) and (k) of the Federal Rule

of Bankruptcy Procedure (the “Bankruptcy Rules”).

Background

4. On March 15, 2019 (the “Petition Date”), an involuntary petition (the

“Involuntary Petitions”) for relief under chapter 7 of the Bankruptcy Code was filed by

petitioning creditors (the “Petitioning Creditors”) against CommuniClique, Inc.,

(“CommuniClique”) (Case No. 19-10573) (the “CommuniClique Bankruptcy Case”) and an

Involuntary Petition was also filed against a related party affiliated with the CommuniClique

Bankruptcy Case, Andrew Brent Powers (“Powers”) (Case No. 19-10574) (the “Powers

Bankruptcy Case”) in this Bankruptcy Court, collectively referred to as (the “Bankruptcy

Cases”).

5. On May 9, 2019, upon consideration of the Involuntary Petitions, this Bankruptcy

Court entered an order for relief in the CommuniClique Bankruptcy Case under chapter 7 of the

Bankruptcy Code (the “Order for Relief”) [D.I. No. 36]. As stated on the docket entry for the

Order for Relief, incomplete filings are due by May 23, 2019 and the list of all creditors are due

on May 16, 2019.

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6. On May 9, 2019, the Office of the United States Trustee appointed the Trustee as

the duly authorized trustee to the Estate of the CommuniClique Bankruptcy Case [D.I. No. 37].

7. On May 9, 2019, upon consideration of the Involuntary Petitions, this Bankruptcy

Court entered an Order for Relief in the Powers Bankruptcy Case under chapter 7 of the

Bankruptcy Code [D.I. No. 39]. As stated on the docket entry for the Order for Relief,

incomplete filings are due by May 23, 2019 and the list of all creditors are due on May 16, 2019.

8. On May 9, 2019, the Office of the United States Trustee appointed the Trustee as

the duly authorized trustee to the Estate of the Powers Bankruptcy Case [D.I. No. 40].

9. On May 10, 2019, Debtors’ current counsel, Neil F. Dignon, filed a Motion

Seeking to Withdraw as Counsel to the Debtor in the CommuniClique Bankruptcy Case [D.I.

No. 40] and also in the Powers Bankruptcy Case [D.I. No. 43] (collectively, the “Motions to

Withdraw”). The Motions to Withdraw are currently pending and scheduled for hearing on

June 4, 2019.

10. To date, the Trustee has been unable to draft the (i) list containing the names and

addresses of each entity included or to be included on Schedules D, E, F, G, and H for the

Debtors as required by Bankruptcy Rule 1007(a)(2) (the “Schedules Lists”) or the (ii) schedules,

statements, and other documents for the Bankruptcy Cases required to be filed by Bankruptcy

Rule 1007(b)(1) (the “Schedules and Documents” and, together with the Schedules Lists, the

“Schedules, Lists and Financial Affairs”). Although the Trustee has received some information

relating to the structure and pre-petition operations of CommuniClique and its related party,

Powers, the Trustee has not received sufficient information, nor has he had ample time,

necessary to complete the Schedules, Lists and Financial Affairs for this Estate.

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11. The Trustee’s efforts up until this point have been primarily focused on (i)

gaining an understanding of the businesses of CommuniClique and its related party, Powers, (ii)

gaining an understanding of at least two actions (the “Pending Litigation”) filed by the Virginia

State Corporation Commission in connection with an investigation of CommuniClique, Inc. and

Andrew Brent Powers as well as litigation commenced in the Circuit Court of Fairfax County,

Virginia against CommuniClique, Inc. and Andrew Brent Powers by the Jason M. Donahue Trust

and Robert and Carole Donahue Family Trust, and (iii) conducting preliminary interviews with

counsel and parties-in-interest in order to facilitate the liquidation of the Estates.

12. The Trustee, based upon information provided to him, believes that both of the

Debtors’ Bankruptcy Cases may have assets that will require administration for the benefit of the

creditors of the Estates.

Relief Requested

13. In light of the foregoing, the Trustee by this Motion respectfully requests an Order

extending the deadline for the filing by the Debtors of the Schedules, Lists and Financial Affairs

in these Bankruptcy Cases until June 23, 2019 (the “Extension Period”) and upon the Debtors’

failure to file the Schedules, Lists and Financial Affairs within the Extension Period authorizing

but not requiring the Trustee to prepare and file the Schedules, Lists and Financial Affairs within

twenty (20) business days after expiration of the Extension Period (the “Trustee’s Extension

Period”) on behalf of each Debtor, and allowing, the reimbursement of any and all fees and costs

incurred by the Trustee and his professionals (upon approval of fee applications) in the

preparation and filing of the Schedules, Lists and Financial Affairs as an administrative expense

pursuant to Bankruptcy Rule 1007(k).

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14. Notwithstanding the Trustee’s request for authorization to prepare and file the

Schedules, Lists and Financial Affairs, the Trustee reserves all rights to seek to compel the

Debtors or other parties in interest to prepare and file the Schedules, Lists and Financial Affairs

15. In accordance with 1007(a)(5) and (c), notice of this Motion has been provided to

(i) Debtor, (ii) Debtors’ counsel, (iii) counsel for the Petitioning Creditors, (iv) the United States

Trustee, and (iv) all parties in interest having requested notice pursuant to Rule 2002. In light of

the nature of the relief requested, the Trustee submits that no further notice need be given.

WHEREFORE, the Trustee respectfully requests that this Bankruptcy Court enter the

proposed form of Order filed with the Motion and grant such other and further relief as is just

and proper.

Date: May 23, 2019

COZEN O’CONNOR

/s/ John T. Carroll, III

_______________________________
John T. Carroll, III (DE No. 4060)
1201 North Market Street
Suite 1001
Wilmington, DE 19801
Telephone: (302) 295-2028
Facsimile: (302) 295-2013
jcarroll@cozen.com

Proposed Counsel to the Chapter 7 Trustee,

Alfred T. Giuliano

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