Case: 18-10768 Document: 487 Page: 1 Date Filed: 05/28/2020
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`No. 18-10768
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`IN THE UNITED STATES COURT OF APPEALS
`FOR THE FIFTH CIRCUIT
`__________________________________________________________________
`
`IN RE: INTRAMTA SWITCHED ACCESS CHARGES LITIGATION
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`consolidated with: 18-10770, 18-10772, 18-10774, 18-10776, 18-10778, 18-10779,
`18-10781, 18-10787, 18-10788, 18-10790, 18-10791, 18-10792, 18-10794,
`18-10796, 18-10797, 18-10798, 18-10799, 18-10800, 18-10802, 18-10803,
`18-10804, 18-10805, 18-10806, 18-10808, 18-10810, 18-10812, 18-10813,
`18-10814, 18- 10815, 18-10816, 18-10817, 18-10818, 18-10819, 18-10820,
`18-10821, 18-10822, 18-10823, 18-10824, 18-10826, 18-10827, 18-10828,
`18-10829, 18-10830, 18- 10831, 18-10832, 18-10833, 18-10834, 18-10835,
`18-10836, 18-10838, 18-10839, 18-10840, 18-10841, 18-10842, 18-10843,
`18-10844, 18-10845, 18-10846, 18- 10847, 18-10848, 18-10849, 18-10850,
`18-10855, 18-10901, 18-10902, 18-10903, 18-10904, 18-10905, 18-10906,
`18-10907, 18-10908, 18-10909, 18-10910, 18- 10911, 18-10962, 18-10964,
`18-11094 and 18-11095,
`__________________________________________________________________
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`On Appeal from
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`United States District Court for the Northern District of Texas
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`3:14-MD-2587
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`__________________________________________________________________
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`MOTION REFLECTING UNITED STATES BANKRUPTCY COURT
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`AUTOMATIC STAY REGARDING FRONTIER DEFENDANTS
`__________________________________________________________________
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`Certain Appellees listed on the attached Exhibit A (collectively referred to in
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`this filing as
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`) respectfully move the Court to lift the stay it entered on
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`1
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`

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`Case: 18-10768 Document: 487 Page: 2 Date Filed: 05/28/2020
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`April 24, 2020. In support of its motion, Frontier states the following:
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`1.
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`Frontier filed voluntary petitions for relief under Chapter 11 of Title 11
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`of the United States Code, 11 U.S.C. §§ 101 1532, in the United States Bankruptcy
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`Court for the Southern
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`Bankruptcy Court
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` on April 14,
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`2020.
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` Chapter 11 cases are pending before the Honorable Robert D.
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`Drain, United States Bankruptcy Judge, and joint administration has been requested
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`under the lead case In re Frontier Communications Corporation, et al., Case No. 20-
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`22476 (RDD).
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`2.
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`On May 8, 2020, Frontier filed in the Bankruptcy Court a Motion for
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`Order Modifying the Automatic Stay to Permit the Debtors to Participate in Certain
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`Pending Multi-District Litigation. (Docket No. 246).
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`3.
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`On May 26, 2020, the Bankruptcy Court entered an Order Modifying
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`the Automatic Stay to Permit the Debtors to Participate in Certain Pending Multi-
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`District Litigation. (Docket No. 371, attached as Exhibit B).
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` For the reasons stated above, Frontier respectfully requests that the Court lift
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`the automatic stay.
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`
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`2
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`

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`Case: 18-10768 Document: 487 Page: 3 Date Filed: 05/28/2020
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`Dated: May 28, 2020
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`Respectfully submitted,
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`s/ Matthew A. Brill
`Matthew A. Brill
`
`Clayton D. LaForge
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW, Suite 1000
`Washington, DC 20004
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`Email: matthew.brill@lw.com
`Email: clayton.laforge@lw.com
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`Counsel for Frontier Appellees
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`
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`3
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`

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`Case: 18-10768 Document: 487 Page: 4 Date Filed: 05/28/2020
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`CERTIFICATE OF CONFERENCE
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`I hereby certify that on May 28, 2020, I conferred with counsel for
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`Appellants in this matter, who indicated they did not oppose the relief sought in
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`this motion.
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`/s/ Matthew A. Brill
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`Counsel for Frontier Appellees
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 28, 2020, I electronically filed the foregoing
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`with the Clerk of the Court using the CM/ECF system, which sent notification of
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`such filing to counsel of record. A paper copy has been sent to all counsel who are
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`not receiving ECF notifications from the court.
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`/s/ Matthew A. Brill
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`

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`Case: 18-10768 Document: 487 Page: 5 Date Filed: 05/28/2020
`Case: 18-10768
`Document:487
`Page:5 Date Filed: 05/28/2020
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`EXHIBIT A
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`

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`Case: 18-10768 Document: 487 Page: 6 Date Filed: 05/28/2020
`Case: 18-10768
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`Page:6 Date Filed: 05/28/2020
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`Frontier Communications Corporation
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`Citizens Telecommunications CompanyofIllinois
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`Frontier Communications-Midland,Inc.
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`Citizens Telecommunications Company of Minnesota
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`Frontier Communications of Minnesota, Inc.
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`Citizens Telecommunications Company of New York,Inc.
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`Frontier Communications of New York
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`Frontier Telephone of Rochester, Inc.
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`Citizens Utilities Rural Company,Inc.
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`Citizens Telecommunications Company of the White Mountains,Inc.
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`Navajo Communications Company,Inc.
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`Commonwealth Telephone Company, LLC
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`CTSI, LLC
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`Frontier Communications of Pennsylvania, LLC
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`Citizens Telecom Services Company, L.L.C.
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`Frontier Communications of Georgia LLC
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`Frontier Communications of lowa, LLC
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`Citizens Telecommunications Company of Nebraska
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`Citizens Telecommunications Company of Nevada
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`Frontier Communications of Wisconsin LLC
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`

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`Case: 18-10768 Document: 487 Page: 7 Date Filed: 05/28/2020
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`Page:7 Date Filed: 05/28/2020
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`Frontier Communications-St. Croix LLC
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`Frontier Communications of the South, LLC
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`Rhinelander Telephone LLC
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`Citizens Telecommunications Company of West Virginia
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`Frontier West Virginia Inc.
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`Frontier North Inc.
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`Frontier Communications of the Southwest Inc.
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`Frontier Communications NorthwestInc.
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`Frontier Communications of the Carolinas LLC, and
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`Southern New England Telephone
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`2
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`

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`Case: 18-10768 Document: 487 Page: 8 Date Filed: 05/28/2020
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`Document:487
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`EXHIBIT B
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`

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`Case: 18-10768 Document: 487 Page: 9 Date Filed: 05/28/2020
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`UNITED STATES BANKRUPTCY COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`
`In re:
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`FRONTIER COMMUNICATIONS
`CORPORATION, et al.,1
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`
`
`
`
`
`
`
`
`
`Debtors.
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`
`)
`) Chapter 11
`)
`
`) Case No. 20-22476 (RDD)
`)
`
`)
`
`)
`(Jointly Administered)
`)
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`ORDER MODIFYING THE AUTOMATIC STAY TO PERMIT THE DEBTORS
`TO PARTICIPATE IN CERTAIN PENDING MULTI-DISTRICT LITIGATION
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`Upon the motion (the “Motion”)2 of the above-captioned debtors and debtors in possession
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`(collectively, the “Debtors”) for entry of an order (this “Order”), modifying the automatic stay in
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`effect in these cases under 11 U.S.C. § 362(a) to permit the Debtors to participate in certain pending
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`multi-district litigation, all as more fully set forth in the Motion; and this Court having jurisdiction
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`over this matter pursuant to 28 U.S.C. §§ 157(a)-(b) and 1334(b) and the Amended Standing Order
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`of Reference from the United States District Court for the Southern District of New York, dated
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`January 31, 2012; and this Court having found that it may enter a final order consistent with Article
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`III of the United States Constitution; and this Court having found that venue of this proceeding
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`and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court
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`having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b); and this Court having
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`found that the Debtors’ notice of the Motion and opportunity for a hearing on the Motion were
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`1 The last four digits of Debtor Frontier Communications Corporation’s tax identification number are 9596. Due
`to the large number of debtor entities in these chapter 11 cases, for which the Court has ordered joint
`administration, a complete list of the debtor entities and the last four digits of their federal tax identification
`numbers are not provided herein. A complete list of such information may be obtained on the website of the
`Debtors’ claims and noticing agent at https://cases.primeclerk.com/ftr. The location of the Debtors’ service
`address for purposes of these chapter 11 cases is: 50 Main Street, Suite 1000, White Plains, New York 10606.
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`2 Capitalized terms used but not defined herein have the meanings ascribed to them in the Motion.
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`

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`Case: 18-10768 Document: 487 Page: 10 Date Filed: 05/28/2020
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`appropriate under the circumstances and that no other notice need be provided; there being no
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`objections to the requested relief; and upon the record of the hearing held by the Court on the
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`Motion on May 22, 2020 and all of the proceedings herein; and, after due deliberation, this Court
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`having determined that the legal and factual bases set forth in the Motion and at the hearing
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`establish good and sufficient cause for the relief granted herein; now, therefore, it is HEREBY
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`ORDERED THAT:
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`1.
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`2.
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`The Motion is granted as set forth herein.
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`The automatic stay in effect in these cases under 11 U.S.C. § 362(a) is lifted and
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`modified pursuant to 11 U.S.C. § 362(d)(1) for the purpose of allowing the Debtors and any other
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`parties to the Appeal to continue the litigation of the Appeal.
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`3.
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`Notice of the Motion as provided therein shall be deemed good and sufficient notice
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`of such Motion, and the requirements of Bankruptcy Rule 6004(a) and the Local Rules are satisfied
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`by such notice.
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`4.
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`Notwithstanding anything to the contrary, the terms and conditions of this Order
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`are immediately effective and enforceable upon its entry.
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`5.
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`The Debtors are authorized to take all actions necessary to effectuate the relief
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`granted in this Order in accordance with the Motion.
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`6.
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`This Court retains exclusive jurisdiction with respect to all matters arising from or
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`related to the implementation, interpretation, and enforcement of this Order.
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`Dated: May 26, 2020
`White Plains, New York
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`
`
`THE HONORABLE ROBERT D. DRAIN
`UNITED STATES BANKRUPTCY JUDGE
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`
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`2
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`