Red River Waste’s next exclusivity extension should be last: lender

By Sarah Lizee

Olympia, Wash., May 10 – Red River Waste Solutions, LP’s motion seeking a fourth extension of its exclusive periods to file and solicit votes on a Chapter 11 plan drew some pushback from MUFG Union Bank, NA, the company’s largest prepetition creditor, according to a statement filed Monday with the U.S. Bankruptcy Court for the Northern District of Texas.

As previously reported, the company asked the court to extend the plan filing period through June 14 from May 12 and the solicitation period through Aug. 16 from July 14.

The lender said that while it doesn’t actually object to the currently requested extension, if granted, this extension should be the last one allowed by the court.

MUFG noted that the debtor filed a plan more than two months ago. The company plans to file an amended plan.

“The requested extension allows the debtor more than a month – more than sufficient time – to get its amended plan on file,” the lender said in its objection.

The lender also said it disputes the debtor’s continued narrative that delays in the case, and the debtor’s “extremely high” level of professional fees, is due to the actions taken in the case by MUFG.

MUFG said that throughout the case, the debtor and its professionals have not cooperated with the lender.

“The debtor has chosen not to attempt to resolve differences with MUFG in advance, and instead to proceed to evidentiary hearings on every motion,” MUFG said.

The Dripping Springs, Tex.-based waste management company filed bankruptcy on Oct. 14, 2021 under Chapter 11 case number 21-42423.

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