U.S. Trustee seeks dismissal of Last Call Guarantor Chapter 11 cases

By Caroline Salls

Pittsburgh, March 6 – The U.S. Trustee for Last Call Guarantor, LLC’s Chapter 11 case asked the U.S. Bankruptcy Court for the District of Delaware to dismiss the case, according to a motion filed Monday.

Acting Region 3 U.S. trustee Andrew R. Vara said Last Call has only filed one monthly operating report for only two of its debtor entities, with the rest of the debtors filing no reports at all, and has paid only $5,850 to the U.S. Trustee on account of fees as required under the Bankruptcy Code.

Vara said he estimates that the company owes more than $100,000 in quarterly fees, as well as penalties.

In addition, the U.S. Trustee said Last Call does not have a plan and disclosure statement on file, and since it has requested another 90 days to do so, the debtors “do not have a coherently expressed case strategy or planned exit from bankruptcy.”

“The debtors, without providing operating reports or complying with other Bankruptcy Code reporting requirements, have made it impossible to evaluate the status of their cases or the reasonableness of their request for additional time to file a plan,” Vara said in his motion.

A hearing is scheduled for April 12.

Last Call, the owner of Fox & Hound Restaurant, Bailey’s Sports Grille and Champps Kitchen, is a Dallas-based restaurant operator. The company filed bankruptcy on Aug. 10, 2016 under Chapter 11 case number 16-11844.

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