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Case 2:17-bk-21386-SK Doc 574 Filed 01/22/18 Entered 01/22/18 20:44:04 Desc Main Document Page 1 of 69 Attorney or Party Name, Address, Telephone & FAX Nos., State FOR COURT USE ONLY Bar No. & Email Address ROBBIN L. ITKIN (SBN 117105) [email protected] DLA PIPER LLP (US) 2000 Avenue of the Stars Suite 400 North Tower Los Angeles, California 90067-4704 Tel: (310) 595-3000 Fax: (310) 595-3300 JOHN K. LYONS (Pro Hac Vice) [email protected] KATIE ALLISON (Pro Hac Vice) [email protected] DLA PIPER LLP (US) 444 West Lake Street, Suite 900 Chicago, Illinois 60606-0089 Tel: (312) 368-4000 Fax: (312) 236-7516 Individual appearing without an attorney Attorneys for: Jonathan D. King as Chapter 7 Trustee UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - LOS ANGELES DIVISION In re: Lead Case No.: 2:17-bk-21386-SK ZETTA JET USA, INC., a California corporation, CHAPTER: 7 Jointly Administered with ZETTA JET PTE, LTD., a Singaporean company, Case No.: 2:17-bk-21387-SK DECLARATION THAT NO PARTY REQUESTED A HEARING ON MOTION LBR 9013-1(o)(3) Debtors. [No Hearing Required] 1. I am the attorney for Movant(s). 2. On (date): December 20, 2017, Movant(s) filed a motion or application entitled: Notice of Motion and Chapter 7 Trustee's Omnibus Motion for Entry of an Order Authorizing the Rejection of Executory Contracts and Unexpired Leases Nunc Pro Tunc to November 30, 2017 [Docket No. 498] (the “Motion”). 3. A copy of the Motion and notice of motion is attached to this declaration. 4. On (date): December 20, 2017, Movant(s), served a copy of the notice of motion or the Motion and notice of motion on required parties using the method(s) identified on the Proof of Service of the notice of motion. 5. Pursuant to LBR 9013-1(o), the notice of motion provides that the deadline to file and serve a written response and request for a hearing is 14 days after the date of service of the notice of motion, plus 3 additional days if served by mail, or pursuant to F.R.Civ.P. 5(b)(2)(D) or (F). 6. More than 17 days have passed after Movant(s) served the notice of motion. This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2016 Page 1 F 9013-1.2.NO.REQUEST.HEARING.DEC Case 2:17-bk-21386-SK Doc 574 Filed 01/22/18 Entered 01/22/18 20:44:04 Desc Main Document Page 2 of 69 7. I checked the docket for this bankruptcy case and/or adversary proceeding, and no response and request for hearing was timely filed. 8. No response and request for hearing was timely served on Movant(s) via Notice of Electronic Filing, or at the street address, email address, or facsimile number specified in the notice of motion. 9. Based on the foregoing, and pursuant to LBR 9013-1(o), a hearing is not required. Movant(s) requests that the court grant the motion and enter an order without a hearing. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Date: January 22, 2018 /s/ Robbin L. Itkin Signature Robbin L. Itkin Printed Name This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2016 Page 2 F 9013-1.2.NO.REQUEST.HEARING.DEC Case 2:17-bk-21386-SK Doc 498574 Filed 12/20/1701/22/18 Entered 12/20/1701/22/18 20:27:2920:44:04 Desc Main Document Page 13 of 6169 1 ROBBIN L. ITKIN (SBN 117105) [email protected] 2 DLA PIPER LLP (US) 3 2000 Avenue of the Stars Suite 400 North Tower 4 Los Angeles, California 90067-4704 Tel: (310) 595-3000 5 Fax: (310) 595-3300 6 JOHN K. LYONS (Pro Hac Vice ) 7 [email protected] KATIE ALLISON (Pro Hac Vice ) 8 [email protected] DLA PIPER LLP (US) 9 444 West Lake Street, Suite 900 Chicago, Illinois 60606-0089 10 Tel: (312) 368-4000 11 Fax: (312) 236-7516 12 Proposed Attorneys for Jonathan D. King as Chapter 7 Trustee 13 UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA 14 LOS ANGELES DIVISION 15 In re: Lead Case No.: 2:17-bk-21386-SK 16 ZETTA JET USA, INC., a California Chapter 7 17 corporation, Jointly Administered With: Case No.: 2:17-bk-21387-SK 18 Debtor. NOTICE OF MOTION AND CHAPTER 7 19 TRUSTEE’S OMNIBUS MOTION FOR In re: ENTRY OF AN ORDER AUTHORIZING 20 THE REJECTION OF EXECUTORY 21 ZETTA JET PTE, LTD., a Singaporean CONTRACTS AND UNEXPIRED corporation, LEASES NUNC PRO TUNC TO 22 NOVEMBER 30, 2017; MEMORANDUM Debtor. OF POINTS AND AUTHORITIES; AND 23 DECLARATION OF JONATHAN D. KING IN SUPPORT THEREOF 24 ¡ Affects Both Debtors [No hearing required unless requested pursuant ¢ Affects Zetta Jet USA, Inc., a California 25 to Local Bankruptcy Rule 9013-1(o)] corporation, only 26 ¢ Affects Zetta Jet PTE, Ltd., a Singaporean corporation, only 27 28 DLA PIPER LLP (US) -1- EAST\149016456.10 LOS ANGELES Case 2:17-bk-21386-SK Doc 498574 Filed 12/20/1701/22/18 Entered 12/20/1701/22/18 20:27:2920:44:04 Desc Main Document Page 24 of 6169 1 TO THE HONORABLE SANDRA R. KLEIN, UNITED STATES BANKRUPTCY JUDGE, THE UNITED STATES TRUSTEE, THE TWENTY LARGEST UNSECURED 2 CREDITORS, THE AIRCRAFT FINANCING PARTIES, THE COUNTERPARTIES TO 3 THE CONTRACTS, AND PARTIES REQUESTING SPECIAL NOTICE: 4 PLEASE TAKE NOTICE that Jonathan D. King, solely in his capacity as the duly 5 appointed interim chapter 7 trustee (the “Chapter 7 Trustee”) in the above-captioned, jointly 6 administered bankruptcy cases (these “Chapter 7 Cases”) of Zetta Jet USA, Inc. (“Zetta USA”) 7 and Zetta Jet PTE, Ltd. (“Zetta PTE” and together with Zetta USA, the “Debtors”), hereby moves 8 the Court (the “Motion”), by and through his undersigned counsel, for entry of an order under 9 Section 365 of title 11 of the United States Code (the “Bankruptcy Code”), authorizing the 10 11 Chapter 7 Trustee to reject any actual executory contracts and unexpired leases (the “Contracts”) 12 in existence between either of the Debtors and the counterparties identified in Exhibit A to the 13 attached Memorandum of Points and Authorities (“Memorandum”), nunc pro tunc to November 14 30, 2017—the date that the Debtors ceased all operations (the “Shutdown Date”). In support of 15 this Motion is the Declaration of Jonathan D. King annexed to the Memorandum. 16 PARTIES RECEIVING THIS MOTION SHOULD LOCATE THEIR NAMES AND 17 IN EXHIBIT A HERETO. YOUR RECEIPT OF THIS MOTION DOES NOT 18 19 CONSTITUTE AN ADMISSION BY THE CHAPTER 7 TRUSTEE OR THE DEBTORS 20 THAT AN AGREEMENT THAT YOU ARE PARTY TO WITH EITHER OF THE 21 DEBTOS CONSTITUTES AN EXECUTORY CONTRACT OR UNEXPIRED LEASE 22 UNDER SECTION 365 OF THE BANKRUPTCY CODE, AND THE CHAPTER 7 23 TRUSTEE AND THE DEBTORS EXPRESSLY RESERVE THE RIGHT TO 24 CHALLENGE THE STATUS OF ANY OF THE REJECTED CONTRACTS. BY THIS 25 26 MOTION, THE CHAPTER 7 TRUSTEE IS SEEKING TO REJECT ANY AGREEMENT 27 IN EXISTENCE BETWEEN THE PARTIES LISTED IN EXHIBIT A AND EITHER OF 28 THE DEBTORS THAT ACTUALLY CONSTITUTES AN EXECUTORY CONTRACT DLA PIPER LLP (US) -2- EAST\149016456.10 LOS ANGELES Case 2:17-bk-21386-SK Doc 498574 Filed 12/20/1701/22/18 Entered 12/20/1701/22/18 20:27:2920:44:04 Desc Main Document Page 35 of 6169 1 OR UNEXPIRED LEASE UNDER SECTION 365 OF THE BANKRUPTCY CODE. 2 PLEASE TAKE FURTHER NOTICE that due to the termination of the Debtors 3 employees on November 30, 2017, the Chapter 7 Trustee is still in the process of reconciling the 4 Debtors’ records and thus does not possess a full and complete list of existing Contracts. Thus, 5 the Chapter 7 Trustee has included a list of persons or entities that may be counterparties to the 6 7 Contracts. In addition to the reservation immediately above, the Chapter 7 Trustee requests that, 8 to the extent additional executory contract or unexpired lease parties are identified after the filing 9 of this Motion, that this Court allow the Chapter 7 Trustee to reserve all rights to file a subsequent 10 motion to reject any agreement in existence between the newly identified parties and either of the 11 Debtors that actually constitutes an executory contract or unexpired lease under Section 365 of 12 the Bankruptcy Code. 13 PLEASE TAKE FURTHER NOTICE that, pursuant to Local Bankruptcy Rule 9013- 14 15 1(o), a hearing is not required on the Motion unless requested by the United States Trustee, a 16 party in interest, or otherwise ordered by the Court. The deadline to file and serve a written 17 response to the Motion and/or request for a hearing on the Motion is fourteen (14) days after the 18 date of service of this Motion, plus an additional three (3) days if this Motion is served by mail. 19 Any such response to the Motion and/or request for a hearing on the Motion must be filed with 20 the Clerk of this Court, and served upon (i) proposed counsel for the Chapter 7 Trustee at the 21 22 address provided in the top left-hand corner of the first page of this Motion; and (ii) the U.S.

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