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Published on 5/4/2022 in the Prospect News Distressed Debt Daily.

Hello Living Developer lender still waiting for discovery documents

Chicago, May 4 – Hello Living Developer Nostrand LLC lender Nostrand Mezz Lender LLC says the debtor has already breached the discovery deadline, according to a filing with the U.S. Bankruptcy Court for the Southern District of New York.

The lender has been waiting for the discovery documents for three weeks.

Previously noted, Nostrand Mezz has been advocating for a dismissal of the Chapter 11 case.

Because Nostrand will need time to look at the documents it has requested, but have not been delivered, Nostrand has filed and is seeking approval for an amended scheduled order.

Nostrand is now asking for Hello Living to produce the documents by May 5.

The amended schedule would change the objection deadline for the disclosure statement for parties other than Mezz Lender to object to May 12. The deadline for Mezz Lender would be May 13.

The deadline for support or opposition for the motion for relief would be May 23.

The disclosure statement hearing is currently scheduled for May 25.

The lender previously said the case wasn’t filed in food faith, but rather to “frustrate what is a two-party dispute” that would be fully resolved through the conclusion of a foreclosure sale.

The debtor filed for bankruptcy one day before a scheduled foreclosure sale.

The apartment developer is based in Monsey, N.Y. The company filed Chapter 11 bankruptcy on Dec. 21 under case number 21-22696.


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