BioRestorative Therapies Inc (BRTX)

[badshah]

Case 8-20-71757-reg Doc 77 Filed 07/09/20 Entered 07/09/20 14:20:20

NOTICE OF ENTRY OF ORDER SCHEDULING HEARING ON SHORTENED NOTICE TO DETERMINE, AMONG OTHER RELIF, WHETHER THE PROPOSED DISCLOSURE STATEMENT FOR THE DEBTOR’S AND AUCTUS FUND, LLC’S JOINT PLAN OF REORGANIZATION, DATED JULY 8, 2020, SHOULD BE FOUND TO CONTAIN “ADEQUATE INFORMATION”

PLEASE TAKE NOTICE that on July 9, 2020, the United States Bankruptcy Court for the Eastern District of New York entered an Order Scheduling Hearing on Shortened Notice [ECF Doc. No. 76] in the above captioned case, a copy of which is attached, setting August 3, 2020, at
10:00 a.m. as the hearing date and time for the Court to consider that part of the Joint Motion for Order: (A) Approving Adequacy of Disclosure Statement for the Debtor’s and Auctus Fund, LLC’s Joint Plan of Reorganization; (B) Establishing Procedures for Solicitation and Tabulation of Votes to Accept or Reject the Plan; (C) Scheduling a Hearing on Confirmation of the Plan; (D) Shortening Time for the Hearing on Approval of the Disclosure Statement and Confirmation of the
Plan and (E) Approving Related Notice Procedures [ECF Doc. No. 74] (the “Motion”) as to whether the proposed Disclosure Statement contains “adequate information” and whether other plan process notice and deadlines should be shortened (collectively, the “Disclosure Statement
Relief”).

PLEASE TAKE FURTHER NOTICE, that the Hearing shall be held telephonically on August 3, 2020 at 10:00 a.m. (prevailing Eastern Time) before the Honorable Judge Robert E. Grossman, Courtroom 860, United States Bankruptcy Court for the Eastern District of New York (the “Bankruptcy Court”), 290 Federal Plaza, Central Islip, New York 11722. The telephonic
hearing will be conducted using Court Solutions LLC. All attorneys and parties wishing to appear at, or attend, this telephonic hearing must make arrangements with Court Solutions no later than 12:00 p.m. on the business day prior to the hearing date. Instructions for registration with Court Solutions can be found on the Court’s website at https://www.nyeb.uscourts.gov/sites/nyeb/files/Court-solutions-registration-instructions.pdf.

PLEASE TAKE FURTHER NOTICE, that any written responses or objections to the Motion concerning the Disclosure Statement Relief shall: (a) be in writing; (b) state the name and address of the objecting party and the nature of the Claim or Interest of such party; (c) state with
particularity the basis and nature of any objection to confirmation of the Plan; and (d) be filed with the Court and a copy served on (i) Certilman Balin Adler & Hyman, LLP (Attention: Robert D. Nosek, Esq.), counsel the Debtor; (ii) Murphy & King, P.C., One Beacon Street, 21st Floor, Boston, MA 02108 (Attn: William R. Moorman, Jr., Esq.), counsel to Auctus Fund, LLC and (iii) Office of the United States Trustee, Alfonse D’Amato Courthouse, 560 Federal Plaza, Central Islip, New York 11722, (Attn: Stan Y. Yang, Esq.), so that such objections are received no later
than July 27, 2020 at 4:00 p.m.


PLEASE TAKE FURTHER NOTICE, that the Hearing may be adjourned from time to time without further notice other than the announcement of such adjournment in open Court, or the filing of a notice of adjournment on the docket of the Debtor’s case.

Dated: East Meadow, New York
July 9, 2020
CERTILMAN BALIN ADLER & HYMAN, LLP
Counsel to the Debtor and Debtor in Possession

By: _/s/ Robert D. Nosek ___
RICHARD J. MCCORD, ESQ
Robert D. Nosek, Esq.
90 Merrick Avenue
East Meadow, New York 11554
[phone]