Case No BK-15-14956-ABL Chapter 11
EX PARTE APPLICATION FOR ORDER DIRECTING EXAMINATION PURSUANT TO FED.R.BANKR.P.2004 OF MARC J. RANDAZZA
Creditors Excelsior Media Corp. (“Excelsior”) and Liberty Media Holdings, LLC
(“Liberty” and together with Excelsior, “Creditors”), by and through their counsel, James D.
Greene, Esq. of Greene Infuso, LLP pursuant to section 105 of the Bankruptcy Code and Rule
2004 of the Federal Rules of Bankruptcy Procedure and Rule 2004 of the Local Rules of
Bankruptcy Practice and Procedure, hereby apply to the Court for entry of order directing Debtor
Marc J. Randazza (“Debtor”) to appear for and submit to examination under oath before certified
court reporter at the office of Greene Infuso, LLP, 3030 South Jones Blvd. Suite 101, Las Vegas,
Nevada 89146 on a date and time to be determined, providing that notice of said examination is to
be provided no less than 10 judicial days before such examination date. In support of this
application (“Application”), Creditors state as follows:
Debtor filed his bankruptcy petition on August 28, 2015 (“Petition Date”). Prepetition,
Creditors had been awarded sums by an arbitrator pursuant to an Interim Arbitration Award
(“IAA”) that was issued after a 5-day arbitration hearing in February 2015.
On or about November 30, 2015, Creditors filed an adversary proceeding seeking a
determination that the debts owed to Creditors were non-dischargeable pursuant to Bankruptcy
Code section 523(a) (2), (4) and (6). There has been extensive motion practice in the adversary
proceeding and to date no discovery has been conducted.
During the course of the bankruptcy case, Debtor has operated his law practice and
otherwise carried on ordinary living activities. Most recently, Debtor filed a motion seeking court
approval of a refinancing transaction (docket no. 176) (“Refinance Motion”) supported by a
declaration of Debtor (docket no. 177).
Numerous statements and representations made in these documents raise question about Debtor’s ownership interests in certain entities, a marital pre-nuptial agreement and certain financial dealings.
Creditors also have questions about certain pre-petition activities of Debtor and assets listed or, perhaps not listed, on his schedules.
In conjunction with this examination, Creditor intends to issue one or more subpoenas seeking production of certain documents from Debtor.
No relief is being sought from the Court in connection with production of documents.
The statute of limitations for Debtor to pursue avoidance actions is, in this case, two years
from the Petition Date, or August 28, 2017. Debtor has not filed any avoidance actions and has
given no hint of his intent to do so. Creditors do not presently have information sufficient to
make a demand of Debtor to commence any such action, but seek to examine Debtor and to
matters that are clearly with the permitted scope of Rule 2004, including: (i) property of the
Debtor’s bankruptcy estate; (ii) transactions and business dealings involving the Debtor and
family members and corporate entities; (iii) potential claims the Creditor may have against third
parties; and (iv) other matters affecting the administration of the Debtor’s estate."