Board v. AMF Bowling Worldwide, Inc.
Filing
11
OPINION. Signed by District Judge John A. Gibney, Jr. on 6/26/2015. Opinion was electronically sent to all counsel of record. Copy of Opinion was also mailed to John Henry Maddock, III, McGuireWoods LLP, 901 E. Cary Street, Richmond, Virginia 23219-4030. (sbea, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
EMIKO BOARD,
Appellant,
V.
Case No. 3:14-cv-00822-JAG
AMF BOWLING WORLDWIDE, INC.,
Appellee.
OPINION
This matter conies before the Court on appeal from an order of the United States
Bankruptcy Court for the Eastern District of Virginia entered on November 18, 2014.
The
Bankruptcy Court denied the appellant Emiko Board's ("Board") Motion for Declaration that
Discharge Injunction Is Not Applicable or, in the Alternative, for Extension of Time Within
Which to Make Application for Payment of Administrative Expense Claim. In re AMF Bowling
Worldwide, Inc., 520 B.R. 185 (Bankr. E.D. Va. 2014). Specifically, Board sought a declaration
that would allow her to pursue a tort claim against the appellee AMF Bowling Worldwide, Inc.
("AMF"), the reorganized debtors in the proceeding below.'
Judge Kevin R. Huennekens held a hearing on the matter, and on November 18, 2014,
held that, because Board was an unknown creditor, she was entitled only to constructive notice
of the date by which she had to file her administrative claim against AMF. Further, Judge
' As explained by the Bankruptcy Court, the Reorganized Debtors in the Chapter 11 case
include: AMF Bowling Worldwide, Inc.; 300, Inc.; American Recreation Centers, Inc.; AMF
BCH LLC; AMF Beverage Company of Oregon, Inc.; AMF Bowling Centers Holdings Inc.;
AMF Bowling Centers, Inc.; AMF Bowling Mexico Holding, Inc.; AMF Holdings, Inc.; AMF
WBCH LLC; AMF Worldwide Bowling Centers Holdings Inc.; Boliches AMF, Inc.; Bush River
Corporation; King Louie Lenexa, Inc.; Kingpin Holdings, LLC; and Kingpin Intermediate Corp.
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