KE 65887241 

Joshua A. Sussberg, P.C. (pro hac vice admission pending) Michael A. Condyles (VA 27807) 

Emily E. Geier (pro hac vice admission pending) Peter J. Barrett (VA 46179) 

AnnElyse Scarlett Gains (pro hac vice admission pending) Jeremy S. Williams (VA 77469) 

KIRKLAND & ELLIS LLP Brian H. Richardson (VA 92477) 

KIRKLAND & ELLIS INTERNATIONAL LLP KUTAK ROCK LLP

601 Lexington Avenue 901 East Byrd Street, Suite 1000

New York, New York 10022 Richmond, Virginia 23219-4071 

Telephone: (212) 446-4800 Telephone: (804) 644-1700 

Facsimile: (212) 446-4900 Facsimile: (804) 783-6192 

 

-andJoshua M. Altman (pro hac vice admission pending) 

KIRKLAND & ELLIS LLP

KIRKLAND & ELLIS INTERNATIONAL LLP

300 North LaSalle Street 

Chicago, Illinois 60654 

Telephone: (312) 862-2000

Facsimile: (312) 862-2200

 

Proposed Co-Counsel to the Debtors and Debtors in Possession 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

 ) 

In re: ) Chapter 11 

 ) 

PIER 1 IMPORTS, INC., et al.,

1 ) Case No. 20-30805 

 ) 

 Debtors. ) (Joint Administration Requested) 

 ) 

DEBTORS’ MOTION FOR ENTRY OF AN ORDER 

(I) ESTABLISHING CERTAIN NOTICE, CASE MANAGEMENT, AND 

ADMINISTRATIVE PROCEDURES AND (II) GRANTING RELATED RELIEF 

The above-captioned debtors and debtors in possession (collectively, the “Debtors”)2

respectfully state as follows in support of this motion (this “Motion”): 

 

1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification 

number, are set forth in the Debtors’ Motion for Entry of an Order (I) Directing Joint Administration of 

Chapter 11 Cases and (II) Granting Related Relief, filed contemporaneously herewith. The location of the 

Debtors’ service address is 100 Pier 1 Place, Fort Worth, Texas 76102. 

2 A detailed description of the Debtors and their business, and the facts and circumstances supporting the Debtors’ 

chapter 11 cases, are set forth in greater detail in the Declaration of Robert J. Riesbeck, Chief Executive Officer 

of Pier 1 Imports, Inc., in Support of Chapter 11 Petitions and First Day Motions (the “First Day Declaration”) 

filed contemporaneously with the Debtors’ voluntary petitions for relief filed under chapter 11 of title 11 of the 

United States Code (the “Bankruptcy Code”). Capitalized terms used but not otherwise defined in this Motion 

shall have the meanings ascribed to them in the First Day Declaration or as later defined herein, as applicable. 

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Relief Requested 

1. The Debtors seek entry of an order, substantially in the form attached hereto as 

Exhibit A (the “Order”): (a) establishing certain notice, case management, and administrative 

procedures, attached as Exhibit 1 to the Order (the “Case Management Procedures”), which: 

(i) direct that matters requiring notice under rule 2002(a)(2)–(6) of the Federal Rules of 

Bankruptcy Procedure (the “Bankruptcy Rules”) will be served only to individuals and entities 

identified on a shortened mailing list and those creditors who, in accordance with rules 2002-1 and 

9013-1(M) of the Local Rules of the United States Bankruptcy Court for the Eastern District of 

Virginia (the “Local Bankruptcy Rules”), file with the Court a request that they receive such notice 

pursuant to Bankruptcy Rule 2002; (ii) allow electronic service of all documents (except 

complaints and summonses) for the 2002 List (as defined in the Case Management Procedures); 

and (iii) direct that all matters be heard at periodic omnibus hearings to be scheduled in advance 

by the Court; (b) approving the notice of commencement substantially in the form of Exhibit 2 to 

Exhibit A attached hereto; and (c) granting related relief. 

Jurisdiction and Venue 

2. The United States Bankruptcy Court for the Eastern District of Virginia 

(the “Court”) has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the 

Standing Order of Reference from the United States District Court for the Eastern District of 

Virginia, dated August 15, 1984. The Debtors confirm their consent, pursuant to Rule 7008 of the 

Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), to the entry of a final order by 

the Court in connection with this Motion to the extent that it is later determined that the Court, 

absent consent of the parties, cannot enter final orders or judgments in connection herewith 

consistent with Article III of the United States Constitution. 

3. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. 

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4. The bases for the relief requested herein are sections 102(1) and 105(a) of 

the Bankruptcy Code, Bankruptcy Rules 2002 and 9007, and Local Bankruptcy Rules 5005-2 

and 9013-1(M). 

Background 

5. The Debtors are a leading omni-channel retailer of unique home décor, furniture, 

and accessories. Their retail approach has focused on providing the discerning customer a curated 

mix of home goods from artisans around the world. The Debtors offer their merchandise through 

923 stores throughout the United States and Canada as well as online through their U.S. 

e-commerce website. The Debtors are headquartered in Fort Worth, Texas and currently employ 

approximately 17,000 non-seasonal employees. On January 6, 2020, the Debtors announced the 

closing of up to 450 of their stores, and in connection with the filing of these chapter 11 cases, the 

Debtors announced the closing of all Canadian operations. 

6. The Debtors commenced these chapter 11 cases to facilitate a timely and efficient 

process that will maximize the value of the Debtors’ estates for the benefit of all stakeholders. The 

Debtors anticipate winding down the brick-and-mortar stores not part of their go-forward plan and 

will seek to implement a value-maximizing going-concern transaction for the remaining 

operations. 

7. As of the Petition Date, each of the Debtors filed a petition with the Court under 

chapter 11 of the Bankruptcy Code. The Debtors will also file for relief under the Companies’ 

Creditors Arrangement Act (Canada). The Debtors continue to operate their businesses and 

manage their properties as debtors and debtors in possession pursuant to sections 1107(a) and 1108 

of the Bankruptcy Code. Concurrently with the filing of this motion, the Debtors have requested 

procedural consolidation and joint administration of these chapter 11 cases pursuant to Bankruptcy 

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 4 

Rule 1015(b). No request for the appointment of a trustee or examiner has been made in these 

chapter 11 cases, and no committees have been appointed or designated. 

Case Management Procedures 

8. The Debtors have thousands of potential creditors who, along with other parties in 

interest in these chapter 11 cases, may file requests for service of filings pursuant to 

Bankruptcy Rule 2002 (the “2002 List”).3 The Debtors also expect that numerous motions and 

applications will be filed in these chapter 11 cases in pursuit of various forms of relief. 

9. As contemplated by the Case Management Procedures, with the advance 

scheduling of periodic omnibus hearings, parties in interest—as well as the Debtors—will be better 

able to plan for and schedule attendance at hearings. Such forethought will reduce the need for 

emergency hearings and requests for expedited relief, and will foster consensual resolution of 

important matters. Moreover, by directing that certain notices be mailed only to recipients named 

on a shortened mailing list and those creditors that file a request with the Court to receive such 

notices, all parties in interest will be assured of receiving appropriate notice of matters affecting 

their interests and ample opportunity to prepare for and respond to such matters. 

10. Further, a shortened mailing list will significantly reduce the substantial 

administrative and financial burden that would otherwise be placed on the Debtors’ estates and 

other parties in interest that file documents in these chapter 11 cases. Similarly, allowing electronic 

service of documents to those parties listed on the 2002 List in accordance with the 

Case Management Procedures will further reduce the administrative and financial burden on the 

 

3 Bankruptcy Rule 2002(i) provides, in pertinent part: “[T]he court may order that notices . . . be transmitted to the 

United States trustee and be mailed only to the committees elected under § 705 or appointed under § 1102 of the 

Code or to their authorized agents and to the creditors and equity security holders who serve on the trustee or 

debtor in possession and file a request that all notices be mailed to them.” 

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 5 

Debtors’ estates, as well as on other serving parties, and will, in many cases, allow for more 

expedient service of documents. 

11. Finally, the Debtors’ proposed notice and claims agent, Epiq Corporate 

Restructuring, LLC (“Epiq”),4 intends to establish a case website available at 

https://dm.epiq11.com/Pier1 (the “Case Website”) where, among other things, electronic copies of 

all pleadings filed in these chapter 11 cases will be posted as soon as practicable, but in any event 

within three business days of filing, and may be viewed free of charge. 

12. As noted above, the Case Management Procedures proposed herein are set forth in 

detail and attached as Exhibit 1 to Exhibit A hereto. The Case Management Procedures will be 

(a) distributed to the Core Group (as defined in the Case Management Procedures) and the 

2002 List with the Notice of Commencement of the Chapter 11 Cases (to save mailing costs) and 

(b) available at all times on the Case Website. Moreover, the Debtors will redistribute the Case 

Management Procedures to the 2002 List in the event the Case Management Procedures 

are modified. 

I. Notice Procedures. 

13. Given the administrative cost of mailing notices to all of the Debtors’ creditors and 

parties in interest in these chapter 11 cases, the Debtors request that the mailing matrix for matters 

requiring notice under Bankruptcy Rule 2002(a)(2)–(6) be limited in accordance with the 

Case Management Procedures. 

14. The Case Management Procedures will not, however, affect the Debtors’ obligation 

to give notice to all creditors, parties in interest, and, where applicable, equity security holders of 

 

4 Contemporaneously herewith, the Debtors filed with the Court the Debtors’ Application for Entry of an Order 

Pursuant to 28 U.S.C. § 156(c) (I) Approving the Retention and Appointment of Epiq Corporate Restructuring, 

LLC as Claims and Noticing Agent to the Debtors, Effective Nunc Pro Tunc to the Petition Date and (II) Granting 

Related Relief, seeking approval to retain Epiq as notice and claims agent. 

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(a) the meeting of creditors, (b) the dismissal or conversion of the Debtors’ chapter 11 cases to 

another chapter under the Bankruptcy Code, (c) the time fixed to accept or reject a proposed 

modification of a chapter 11 plan, (d) the time fixed for filing proofs of claim, (e) the time fixed 

for filing objections to and the hearing on the disclosure statement and confirmation of the 

chapter 11 plan (which incorporates any sale of assets), or (f) entry of an order confirming a chapter 

11 plan. In addition, the Debtors shall be required to comply with the notice requirements of 

Bankruptcy Rules 2002(d), 4006, and 4007(a)-(c), and Local Bankruptcy Rule 2002-1(E). 

II. Electronic Service. 

15. The Debtors also request that the Court allow electronic service (where available) 

of documents to the 2002 List to further reduce the administrative and financial burden of 

providing notice to the Debtors’ creditors and other parties in interest. The Case Management 

Procedures contain provisions that the Debtors believe will ensure that electronic service is 

efficient and effective. Accordingly, the Debtors request that the Court implement certain 

procedures (the “Administrative Procedures”) in accordance with (a) Local Bankruptcy 

Rule 5005-2 and (b) the Court’s Case Management/Electronic Case Files Policy 

(the “CM/ECF Policy”). 

16. Further, the Debtors request that the filing deadlines should not require 

three additional days’ notice as set forth in Rule 6(e) of the Federal Rules of Civil Procedure 

(indirectly made applicable to contested matters by Bankruptcy Rule 9014(b) and to adversary 

proceedings by Bankruptcy Rule 7005(b)(2)(D) and Bankruptcy Rule 9006(f)). 

III. Periodic Omnibus Hearings. 

17. Given the number of parties in interest and the size and complexity of these 

chapter 11 cases, the Debtors respectfully request entry of an order scheduling periodic omnibus 

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 7 

hearings (the “Omnibus Hearings”), to be determined in consultation with the Office of the 

United States Trustee for the Eastern District of Virginia (the “U.S. Trustee”) in accordance with 

the Case Management Procedures and subject to the Court’s schedule. The Debtors will send 

notices of the Omnibus Hearings to the Core Group and 2002 List when the Omnibus Hearings 

are scheduled, post the schedule of Omnibus Hearings on the Case Website, and file notices of 

additional Omnibus Hearings on a periodic basis with the Court. 

Basis for Relief 

18. The Bankruptcy Code, the Bankruptcy Rules, and the Local Bankruptcy Rules 

provide the Debtors with the authority to establish notice, case management, and administrative 

procedures. In particular, Bankruptcy Rule 2002(a) provides that, unless otherwise ordered by the 

Court, notice of certain matters must be given to, among others, all of the Debtors’ creditors, equity 

security holders, and other parties in interest. Fed. R. Bankr. P. 2002(a). The Bankruptcy Rules 

further provide that “[t]he court may from time to time enter orders designating the matters in 

respect to which, the entity to whom, and the form and manner in which notices shall be sent except 

as otherwise provided by these rules.” Fed. R. Bankr. P. 2002(m); see also Fed. R. Bankr. P. 9007 

(“When notice is to be given under these rules, the court shall designate, if not otherwise specified 

herein, the time within which, the entities to whom, and the form and manner in which the notice 

shall be given.”). 

19. In addition, section 105(a) of the Bankruptcy Code grants bankruptcy courts broad 

authority and discretion to enforce the provisions of the Bankruptcy Code either under specific 

statutes or under equitable common law principles. Specifically, section 105(a) of the Bankruptcy 

Code provides: 

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 8 

The court may issue any order, process, or judgment that is 

necessary or appropriate to carry out the provisions of this title. No 

provision of this title providing for the raising of an issue by a party 

in interest shall be construed to preclude the court from, sua sponte, 

taking any action or making any determination necessary or 

appropriate to enforce or implement court orders or rules, or to 

prevent the abuse or process. 

11 U.S.C. § 105(a). 

20. Section 102(1) of the Bankruptcy Code states that where the Bankruptcy Code 

provides for an action to occur “after notice and a hearing,” such action may occur “after such 

notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is 

appropriate in the particular circumstances . . . .” 11 U.S.C. § 102(1)(A). 

21. As explained above, these chapter 11 cases are large, complex, and involve 

thousands of creditors and parties in interest, many of whom will have multiple concerns that may 

result in the filing of numerous pleadings, notices pursuant to Bankruptcy Rule 2002, and requests 

for service that could very well lead to numerous, fragmented hearings. The costs and burdens 

associated with multiple hearings per month, plus the costs associated with copying, mailing, 

overnighting, or otherwise serving paper copies of all filings, will impose economic and 

administrative burdens on the Debtors’ estates, the Court, and all other parties in interest. 

Moreover, constant mass mailings will require the Debtors and their advisors to divert their limited 

resources away from reorganizing their business. Therefore, the Debtors submit that electronic 

notice, whenever possible, should be permitted to alleviate this burden. 

22. Further, pursuant to the Administrative Procedures, a registered CM/ECF user 

“consents to receive notice and service by electronic means, which shall constitute proper service,” 

and furthermore, “[i]f the recipient of notice or service is a registered participant, service of the 

‘Notice of Electronic Filing’ shall be the equivalent of service of the filing by first class mail, 

postage prepaid.” See CM/ECF Policy 9. Pursuant to the Case Management Procedures, all parties 

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 9 

in these cases who are registered participants in the Court’s CM/ECF system will receive a 

“Notice of Electronic Filing” via electronic mail whenever a filing is effected, which will provide 

additional notice to such parties. Although email is nearly universally available, if a party cannot 

reasonably obtain access to email, then such party may seek an exemption pursuant to the 

Case Management Procedures to receive paper copies. Therefore, no party will be adversely 

affected by the proposed email service set forth herein. 

23. The Debtors respectfully submit that adopting the Case Management Procedures 

will substantially reduce administrative burdens and result in substantial cost savings to the 

Debtors’ estates because of the reduction of time and money the Debtors will have to expend. 

Pursuant to the Case Management Procedures, all parties in interest that may be directly affected 

by a request for relief, response, objection, or adversary proceeding filed with the Court will 

receive notice thereof directly from the entity submitting such documents to the Court well in 

advance of the relevant hearing. Thus, no party in interest will be adversely affected. 

24. Courts in this district have routinely granted similar case management procedures 

to reduce the expense of administering large chapter 11 cases. See, e.g., In re Gemstone Solutions 

Group, Inc., No. 19-30258 (KLP) (Bankr. E.D. Va. Jan. 17, 2019); In re Toys “R” Us, Inc., 

No. 17-34665 (KLP) (Bankr. E.D. Va. Sept. 21, 2017); In re The Gymboree Corp., No. 17-32986 

(KLP) (Bankr. E.D. Va. June 12, 2017); In re Penn Virginia Corp., No. 16-32395 (KLP) 

(Bankr. E.D. Va. May 16, 2016); In re Alpha Nat. Res., Inc., No. 15-33896 (KRH) 

(Bankr. E.D. Va. Aug. 5, 2015).5

25. The establishment of the Case Management Procedures will promote the efficient 

and orderly administration of these chapter 11 cases. Indeed, authorizing the Debtors to serve their 

 

5 Because of the voluminous nature of the orders cited herein, such orders have not been attached to this Motion. 

Copies of these orders are available upon request of the Debtors’ proposed counsel. 

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 10 

documents on a limited mailing matrix will ease the administrative and economic burdens on the 

Court and the Debtors’ estates. Authorizing electronic service in these chapter 11 cases for the 

2002 List will also allow for efficient and effective service at a significantly reduced cost to the 

Debtors’ estates and other serving parties. Early notice of Omnibus Hearings to all parties in 

interest will enable these parties to plan efficiently for the use of hearing time, will avoid the need 

for numerous hearings within each month, and will lessen the burden on the Court and on the 

Debtors’ estates. Additionally, parties in interest will still have the opportunity to bring true 

emergency matters before the Court on an expedited basis pursuant to the Local Bankruptcy Rules 

and the Case Management Procedures. 

26. Accordingly, for the reasons stated herein, the Debtors believe the 

Case Management Procedures are appropriate and should be approved and implemented in the 

chapter 11 cases. 

Waiver of Memorandum of Points and Authorities 

27. The Debtors respectfully request that this Court treat this Motion as a written 

memorandum of points and authorities or waive any requirement that this Motion be accompanied 

by a written memorandum of points and authorities as described in Local Bankruptcy 

Rule 9013-1(G). 

Notice 

28. The Debtors will provide notice of this Motion via first class mail, facsimile or 

email (where available) to: (a) the United States Trustee for the Eastern District of Virginia, 

Attn: Kenneth N. Whitehurst III and Shannon F. Pecoraro; (b) the holders of the 30 largest 

unsecured claims against the Debtors (on a consolidated basis); (c) the agents under the Debtors’ 

prepetition secured facilities and counsel thereto; (d) the DIP Agents and their respective counsel 

thereto; (e) the indenture trustee to the Debtors’ industrial revenue bonds; (f) counsel to the ad hoc 

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 11 

group of term loan lenders; (g) the lenders under certain Company-owned life insurance policies; 

(h) the Debtors’ Canadian counsel; (i) the United States Attorney’s Office for the Eastern District 

of Virginia; (j) the Internal Revenue Service; (k) the office of the attorneys general for the states 

in which the Debtors operate; (l) the Securities and Exchange Commission; and (m) any party that 

has requested notice pursuant to Bankruptcy Rule 2002 (collectively, the “Notice Parties”). The 

Debtors submit that, in light of the nature of the relief requested, no other or further notice need 

be given. 

No Prior Request 

29. No prior request for the relief sought in this Motion has been made to this or any 

other court. 

[Remainder of page intentionally left blank] 

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WHEREFORE, the Debtors respectfully request that the Court enter the Order granting the 

relief requested herein and such other relief as the Court deems appropriate under the 

circumstances. 

Richmond, Virginia 

Dated: February 17, 2020 

 

/s/ Jeremy S. Williams 

KUTAK ROCK LLP KIRKLAND & ELLIS LLP 

Michael A. Condyles (VA 27807) KIRKLAND & ELLIS INTERNATIONAL LLP

Peter J. Barrett (VA 46179) Joshua A. Sussberg, P.C. 

Jeremy S. Williams (VA 77469) (pro hac vice admission pending) 

Brian H. Richardson (VA 92477) Emily E. Geier (pro hac vice admission pending) 

901 East Byrd Street, Suite 1000 AnnElyse Scarlett Gains 

Richmond, Virginia 23219-4071 (pro hac vice admission pending) 

Telephone: (804) 644-1700 601 Lexington Avenue 

Facsimile: (804) 783-6192 New York, New York 10022 

Email: Michael.Condyles@KutakRock.com Telephone: (212) 446-4800 

 Peter.Barrett@KutakRock.com Facsimile: (212) 446-4900 

 Jeremy.Williams@KutakRock.com Email: joshua.sussberg@kirkland.com 

 Brian.Richardson@KutakRock.com emily.geier@kirkland.com 

 annelyse.gains@kirkland.com 

Proposed Co-Counsel to the Debtors 

and Debtors in Possession -and- 

 

 Joshua M. Altman (pro hac vice admission pending) 

 300 North LaSalle Street 

 Chicago, Illinois 60654 

 Telephone: (312) 862-2000 

 Facsimile: (312) 862-2200 

 Email: josh.altman@kirkland.com 

 

 Proposed Co-Counsel to the Debtors 

and Debtors in Possession

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Exhibit A 

Proposed Order

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Joshua A. Sussberg, P.C. (pro hac vice admission pending) Michael A. Condyles (VA 27807) 

Emily E. Geier (pro hac vice admission pending) Peter J. Barrett (VA 46179) 

AnnElyse Scarlett Gains (pro hac vice admission pending) Jeremy S. Williams (VA 77469) 

KIRKLAND & ELLIS LLP Brian H. Richardson (VA 92477) 

KIRKLAND & ELLIS INTERNATIONAL LLP KUTAK ROCK LLP

601 Lexington Avenue 901 East Byrd Street, Suite 1000

New York, New York 10022 Richmond, Virginia 23219-4071 

Telephone: (212) 446-4800 Telephone: (804) 644-1700 

Facsimile: (212) 446-4900 Facsimile: (804) 783-6192 

 

-andJoshua M. Altman (pro hac vice admission pending) 

KIRKLAND & ELLIS LLP

KIRKLAND & ELLIS INTERNATIONAL LLP

300 North LaSalle Street 

Chicago, Illinois 60654 

Telephone: (312) 862-2000

Facsimile: (312) 862-2200

 

Proposed Co-Counsel to the Debtors and Debtors in Possession 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

 ) 

In re: ) Chapter 11 

 ) 

PIER 1 IMPORTS, INC., et al.,

1 ) Case No. 20-30805 

 ) 

 Debtors. ) (Joint Administration Requested) 

 ) 

ORDER (I) ESTABLISHING CERTAIN NOTICE, CASE MANAGEMENT, AND 

ADMINISTRATIVE PROCEDURES AND (II) GRANTING RELATED RELIEF 

Upon the motion (the “Motion”)2 of the above-captioned debtors and debtors in possession 

(collectively, the “Debtors”) for entry of an order (this “Order”): (a) authorizing the Debtors to 

establish certain notice, case management, and administrative procedures and (b) granting related 

relief, all as more fully set forth in the Motion; and upon the First Day Declarations; and this Court 

 

1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification 

number, are set forth in the Debtors’ Motion for Entry of an Order (I) Directing Joint Administration of 

Chapter 11 Cases and (II) Granting Related Relief filed contemporaneously herewith. The location of the 

Debtors’ service address is 100 Pier 1 Place, Fort Worth, Texas 76102. 

2 Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Motion. 

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 2 

having jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Standing Order 

of Reference from the United States District Court for the Eastern District of Virginia, dated 

August 15, 1984; and that this Court having determined that it may enter a final order consistent 

with Article III of the United States Constitution; and this Court having found that venue of this 

proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and 

this Court having found that the relief requested in the Motion is in the best interests of the Debtors’ 

estates, their creditors, and other parties in interest; and this Court having found that the Debtors’ 

notice of the Motion and opportunity for a hearing on the Motion were appropriate under the 

circumstances and no other notice need be provided; and this Court having reviewed the Motion 

and having heard the statements in support of the relief requested therein at a hearing before this 

Court (the “Hearing”); and this Court having determined that the legal and factual bases set forth 

in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of 

the proceedings had before this Court; and after due deliberation and sufficient cause appearing 

therefor, it is HEREBY ORDERED THAT: 

1. The Motion is granted as set forth herein. 

2. The Case Management Procedures attached as Exhibit 1 hereto are hereby 

approved and shall govern all applicable aspects of the chapter 11 cases, including, among other 

things, establishing the following deadlines: 

a. Objections. Unless otherwise ordered by the Court, objections to matters 

scheduled to be heard at an Omnibus Hearing shall be filed no later than 

7 calendar days before the applicable hearing date if the filing is served at 

least 21 calendar days prior to the applicable hearing date, or 3 calendar 

days before the applicable hearing date if the filing is served less than 

21 calendar days but at least 14 calendar days prior to the applicable hearing 

date; provided, that the Debtors’ counsel may propose to schedule matters 

filed by another party on a date other than the next Omnibus Hearing date 

if the Debtors in good faith believe that the hearing on the particular matter 

could exceed one hour. 

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 3 

b. Agendas. The Debtors’ counsel shall file a proposed agenda with regard to 

the matters that are scheduled to be heard at such Omnibus Hearing no later 

than the date that is two calendar days prior to each Omnibus Hearing. 

3. The Bankruptcy Code, the Bankruptcy Rules, and the Local Bankruptcy Rules shall 

apply to the chapter 11 cases, except to the extent that they conflict with the Case Management 

Procedures. 

4. Nothing herein or in the Case Management Procedures shall affect the Debtors’ 

obligations to give notice to all creditors, parties in interest, and, where applicable, equity security 

holders of (a) the meeting of creditors, (b) a proposed sale of assets pursuant to section 363 of the 

Bankruptcy Code by motion filed with the Court; (c) the dismissal or conversion of the Debtors’ 

chapter 11 cases to another chapter, (d) the time fixed to accept or reject a proposed modification 

of a chapter 11 plan, (e) the time fixed for filing proofs of claim, (f) the time fixed for filing 

objections to and the hearing on the disclosure statement and the confirmation of a chapter 11 plan 

(which includes any sale of assets), or (g) entry of an order confirming a chapter 11 plan. In 

addition, the Debtors shall be required to comply with the notice requirements of Bankruptcy Rules 

2002(d), 4006, and 4007. 

5. The form of notice of commencement of the chapter 11 cases, attached hereto as 

Exhibit 2, is hereby approved. Such notice shall be served on all known creditors by Epiq by first 

class U.S. mail, postage prepaid, no later than five business days after the date of entry of this 

Order. 

6. The requirement under Local Bankruptcy Rule 9013-1(G) to file a memorandum 

of law in connection with the Motion is waived. 

7. Notice of the Motion as provided therein shall be deemed good and sufficient notice 

of such Motion and the requirements of Bankruptcy Rule 6004(a) are satisfied by such notice. 

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 4 

8. Notwithstanding Bankruptcy Rule 6004(h), the terms and conditions of this Order 

are immediately effective and enforceable upon its entry. 

9. The Debtors are authorized to take all actions necessary to effectuate the relief 

granted in this Order. 

10. This Court retains exclusive jurisdiction with respect to all matters arising from or 

related to the implementation, interpretation, and enforcement of this Order. 

Dated: __________ 

Richmond, Virginia United States Bankruptcy Judge 

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WE ASK FOR THIS: 

/s/ Jeremy S. Williams 

Michael A. Condyles (VA 27807) 

Peter J. Barrett (VA 46179) 

Jeremy S. Williams (VA 77469) 

Brian H. Richardson (VA 92477) 

KUTAK ROCK LLP 

901 East Byrd Street, Suite 1000 

Richmond, Virginia 23219-4071 

Telephone: (804) 644-1700 

Facsimile: (804) 783-6192 

- and - 

Joshua A. Sussberg, P.C. (pro hac vice admission pending) 

Emily E. Geier (pro hac vice admission pending) 

AnnElyse Scarlett Gains (pro hac vice admission pending) 

KIRKLAND & ELLIS LLP 

KIRKLAND & ELLIS INTERNATIONAL LLP 

601 Lexington Avenue

New York, New York 10022 

Telephone: (212) 446-4800 

Facsimile: (212) 446-4900 

- and - 

Joshua M. Altman (pro hac vice admission pending) 

300 North LaSalle Street 

KIRKLAND & ELLIS LLP

KIRKLAND & ELLIS INTERNATIONAL LLP

Chicago, Illinois 60654 

Telephone: (312) 862-2000 

Facsimile: (312) 862-2200 

Proposed Co-Counsel to the Debtors and Debtors in Possession 

CERTIFICATION OF ENDORSEMENT 

UNDER LOCAL BANKRUPTCY RULE 9022-1(C) 

Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing proposed order has been 

endorsed by or served upon all necessary parties. 

 /s/ Jeremy S. Williams 

 

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Exhibit 1 

Case Management Procedures

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

 ) 

In re: ) Chapter 11 

 ) 

PIER 1 IMPORTS, INC., et al.,

1 ) Case No. 20-30805 

 ) 

 Debtors. ) (Joint Administration Requested) 

 ) 

NOTICE, CASE MANAGEMENT, AND ADMINISTRATIVE PROCEDURES 

These notice, case management, and administrative procedures (the 

“Case Management Procedures”) have been approved by the United States Bankruptcy Court for 

the Eastern District of Virginia (the “Court”) for the chapter 11 cases of the above-captioned 

debtors and debtors in possession (collectively, the “Debtors”) pursuant to the Order 

(I) Establishing Certain Notice, Case Management, and Administrative Procedures and 

(II) Granting Related Relief entered on [_____________], 2020. 

Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”), the Federal Rules 

of Bankruptcy Procedure (the “Bankruptcy Rules”), and the Local Rules of the United States 

Bankruptcy Court for the Eastern District of Virginia (the “Local Bankruptcy Rules”) shall govern 

all matters in the chapter 11 cases, except to the extent such rules conflict with or are inconsistent 

with the procedures set forth herein. 

 

1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification 

number, are set forth in the Debtors’ Motion for Entry of an Order (I) Directing Joint Administration of 

Chapter 11 Cases and (II) Granting Related Relief filed contemporaneously herewith. The location of the 

Debtors’ service address is 100 Pier 1 Place, Fort Worth, Texas 76102. 

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I. Access to Documents. 

1. Epiq, the Debtors’ proposed notice and claims agent, maintains a case-specific 

website at https://dm.epiq11.com/Pier1 (the “Case Website”), where, among other things, 

electronic copies of all pleadings filed in the chapter 11 cases shall be posted as soon as practicable, 

but not later than three business days after filing and may be viewed free of charge. Additionally, 

electronic copies of all pleadings and documents are available for a fee via PACER on the Court’s 

website at http://www.vaeb.uscourts.gov. Finally, paper copies of all pleadings filed in the chapter 

11 cases may be available from the Court. 

II. Master Service List and Electronic Mail Service. 

2. Procedures Established for Notices. All (a) notices, motions, applications, and 

other requests for relief, (b) briefs, memoranda, affidavits, declarations, replies, and other 

documents filed in support of such papers seeking relief (collectively, the “Requests for Relief”), 

and (c) all objections and responses to such Requests for Relief (collectively, the “Objections,” 

and, together with the Requests for Relief and all other filed documents, the 

“Rule 2002 Court Filings”) shall be filed with the Court or other applicable court and served in 

accordance with the notice procedures set forth herein (the “Notice Procedures”). 

3. Definition of Entities Entitled to Service. All Rule 2002 Court Filings shall be 

served on the Core Group, the 2002 List, and Affected Entities (each as defined herein and 

collectively, the “Service List”) according to the Notice Procedures. A Rule 2002 Court Filing is 

deemed not to have been properly served until served, at a minimum, on all of the parties in the 

Core Group. 

a. Core Group. The following entities shall comprise the core group of 

entities in the Debtors’ chapter 11 cases (collectively, the “Core Group”): 

(i) Office of the United States Trustee for the Eastern District of 

Virginia (the “U.S. Trustee”), 701 East Broad Street, Suite 4304, 

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Richmond, Virginia 23219, Attn: Kenneth N. Whitehurst III and 

Shannon F. Pecoraro 

(ii) Pier 1 Imports, Inc., 100 Pier 1 Place, Fort Worth, Texas 76102, 

Attn: General Counsel; 

(iii) proposed co-counsel for the Debtors, Kirkland & Ellis LLP, 601 

Lexington Avenue, New York, New York 10022, Attn: Joshua A. 

Sussberg, P.C., Emily E. Geier, and AnnElyse Scarlett Gains, and 

Kirkland & Ellis LLP, 300 North LaSalle Street, Chicago, Illinois 

60654, Attn: Joshua M. Altman; 

(iv) proposed co-counsel for the Debtors, Kutak Rock LLP, 901 East 

Byrd St., Suite 1000, Richmond, VA 23219, Attn: Michael A. 

Condyles, Peter J. Barrett, Jeremy S. Williams, and Brian H. 

Richardson; 

(v) counsel for any committee appointed pursuant to section 1102 of the 

Bankruptcy Code;2 

(vi) agents under the Debtors’ prepetition secured facilities and counsel 

thereto; 

(vii) counsel to the DIP Administrative Agent; 

(viii) counsel to the DIP ABL Term Agent; 

(ix) counsel to the ad hoc group of term loan lenders; 

(x) the Debtors’ Canadian counsel; and 

(xi) any party that has requested notice pursuant to 

Bankruptcy Rule 2002. 

Updated Core Group lists will be provided on the Case Website from time to time. 

b. 2002 List. This group shall be comprised of all entities that have filed a 

request for service of filings pursuant to Bankruptcy Rule 2002. 

(i) Filing Requests for Documents Requires Email Address. A 

request for service of papers pursuant to Bankruptcy Rules 2002 

(each, a “2002 Notice Request”) filed with the Court shall be 

deemed proper if and only if it includes the following information 

with request to the party filing such request: (A) name; (B) street 

 

2 Before the appointment of an official committee of unsecured creditors and its counsel, service shall be made 

upon the holders of the Debtors’ 30 largest unsecured claims pursuant to Bankruptcy Rule 1007(d). 

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address; (C) name of client(s), if applicable; (D) telephone number; 

(E) facsimile number; and (F) electronic mail (or email) address. 

(ii) Certification Opting Out of Email Service. Any individual or entity 

filing a 2002 Notice Request who does not maintain (and cannot 

practicably obtain) an email address and thereafter cannot receive 

service by email must include in the 2002 Notice Request a 

certification to that effect (the “Certification”). The Certification 

shall include a statement certifying that the individual or entity 

(A) does not maintain an email address and (B) cannot practicably 

obtain an email address at which the individual or entity could 

receive service by email. 

(iii) 2002 Notice List. The Debtors or Epiq shall be responsible for 

maintaining an updated list of those that have submitted a proper 

2002 Notice Request (the “2002 List”). It is the responsibility of 

each entity submitting a 2002 Notice Request to file with the Court 

an updated 2002 Notice Request as necessary to reflect changes to 

any information, including email address and contact person, and 

serve a copy of such request upon the Debtors. 

c. Affected Entities. This group shall be comprised of all entities with a 

particularized interest in the subject matter of the particular court filing 

(each, an “Affected Entity”). 

4. At least every 15 days during the first 60 days of the chapter 11 cases, and thereafter 

at least every 30 days, until confirmation of a proposed chapter 11 plan or conversion of the 

Debtors’ cases to another chapter under the Bankruptcy Code, Epiq shall maintain and update the 

2002 List by: (a) making any additions and deletions; (b) serving the updated 2002 List on the 

parties listed thereon; (c) filing a proof of service; and (d) simultaneously with the filing of the 

2002 List, posting an updated version of the 2002 List on the Case Website. 

5. Waiver of Memorandum of Points and Authorities. Notwithstanding Local 

Bankruptcy Rule 9013-1(G), motions filed without a separate memorandum of points and 

authorities shall be deemed to include a request for a waiver of a separate memorandum or deemed 

a single memorandum and motion as allowed by Local Bankruptcy Rule 9013-1(G). 

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6. Service of Motions. With respect to filings for which particular notices are required 

to be served on all creditors and parties in interest, including Bankruptcy Rules 2002(a)(2)–(6), 

4001, 6004, 6007, or 9019, parties shall serve all such filings only on the appropriate Service List 

by email or by paper copy if an exemption is granted, and in accordance with the following 

procedures, unless otherwise ordered by the Court: 

a. in the case of the use, sale, or lease of property pursuant to section 363 of 

the Bankruptcy Code, on all creditors, parties in interest and, where 

applicable, equity security holders; 

b. in the case of abandonment of property, on each entity asserting an interest 

in that property; 

c. in the case of a motion for relief or modification of the automatic stay, on 

each entity asserting a lien or encumbrance on the affected property; 

d. in the case of a motion relating to the use of cash collateral or obtaining 

credit, on each party asserting an interest in the cash collateral or a lien or 

other interest in property upon which a lien or encumbrance is proposed to 

be granted; 

e. in the case of a motion under Bankruptcy Rule 9019, on all parties that are 

parties to the relevant compromise and settlement or that may be directly 

affected by such compromise or settlement; 

f. in the case of assumption, assignment, or rejection of an executory contract 

or an unexpired lease, on each party to the executory contract or the 

unexpired lease; 

g. any objection, opposition, response, reply, or further document filed 

directly in response to a document shall be served on the entity that filed 

such document; and 

h. all matters for which the Bankruptcy Rules specifically require notice to all 

parties in interest shall be served on all parties in interest unless otherwise 

directed by the Court. 

7. Except as set forth herein or otherwise provided by order of the Court, the Notice 

Procedures shall not apply to notices of the matters or proceedings described in the following 

Bankruptcy Rules: 

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a. Bankruptcy Rule 2002(a)(1) (meeting of creditors pursuant to section 341 

of the Bankruptcy Code); 

b. Bankruptcy Rule 2002(a)(7) (time fixed for filing a proof of claim pursuant 

to Bankruptcy Rule 3003(c)); 

c. Bankruptcy Rule 2002(b)(1) (time fixed for filing objections and any 

hearing to consider approval of a disclosure statement); 

d. Bankruptcy Rule 2002(b)(2) (time fixed for filing objections and any 

hearing to consider confirmation of a chapter 11 plan); 

e. Bankruptcy Rule 2002(d) (certain matters for which notice is to be provided 

to equity security holders); 

f. Bankruptcy Rule 2002(f)(1) (entry of an order for relief); 

g. Bankruptcy Rule 2002(f)(2) (dismissal or conversion of a case to another 

chapter of the Bankruptcy Code); 

h. Bankruptcy Rule 2002(f)(3) (time allowed for filing claims pursuant to 

Bankruptcy Rule 3002); 

i. Bankruptcy Rule 2002(f)(6) (waiver, denial, or revocation of a discharge as 

provided in Bankruptcy Rule 4006); 

j. Bankruptcy Rule 2002(f)(7) (entry of an order confirming a chapter 11 

plan); and 

k. Bankruptcy Rule 2002(f)(8) (summary of the trustee’s final report and 

account should a case be converted to chapter 7 of the Bankruptcy Code). 

8. Notice a Matter for Hearing. Parties should consult Local Bankruptcy 

Rule 9013-1(M) regarding the form and content of notices and visit 

https://www.vaeb.uscourts.gov/wordpress/?page_id=690 for sample notices. 

9. Certificates of Service. Notwithstanding Local Bankruptcy Rule 5005-1(C)(8), 

certificates of service of all Rule 2002 Court Filings, including a Service List, shall be filed by the 

party seeking relief with the Court within seven days of the completion of noticing any particular 

matter; provided, however, that parties shall not be required to include the Service List when 

serving the certificate of service to such recipients. 

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10. Serving Adversary Proceedings. All pleadings and other Court filings in any 

adversary proceeding commenced in the chapter 11 cases shall be served upon the Core Group, 

each Affected Entity, and any other entities required to be served under any applicable Bankruptcy 

Rule or Local Bankruptcy Rule. 

III. Service by Electronic Mail. 

11. Service by Electronic Mail. All Rule 2002 Court Filings shall be electronically 

served on the Court’s electronic filing system, other than service of a summons and complaint in 

an adversary proceeding or documents filed under seal, which shall be deemed to constitute proper 

service for all parties who are sent such email service. Subject to the limited exclusions set forth 

herein, each party that has filed a notice of appearance and a request for service of papers shall be 

deemed to have consented to electronic service of papers, in accordance with “CM/ECF Policy 9 

- Service of Documents” of the Case Management/Electronic Case Files Policy 

(“CM/ECF Policy”). A party filing a Rule 2002 Court Filing that is served on entities via the 

Court’s electronic filing system has no further obligation for service of such Rule 2002 Court 

Filing with respect to such entities to be proper. 

12. If a 2002 Notice Request fails to include an email address or a Certification, the 

Debtors shall forward a copy of these Case Management Procedures to such party within 

five business days specifically requesting an email address. If no email address or no Certification 

is provided in response to such request, such party shall not be added to the 2002 List and shall 

not be served with copies of pleadings and documents filed in the chapter 11 cases unless such 

pleadings and/or documents directly affect such party. 

13. The filing deadlines do not require three additional days’ notice as set forth in 

Rule 6(e) of the Federal Rules of Civil Procedure (made applicable to contested matters indirectly 

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by Bankruptcy Rule 9014(b) and to adversary proceedings by Bankruptcy Rule 7005(b)(2)(D)) 

and Bankruptcy Rule 9006(f) when a document is served by electronic or overnight mail, including 

service, via the Court’s electronic filing system. 

14. Identification of Attorney. As set forth in Local Bankruptcy Rule 5005-1(C)(5), 

on the first page of every Rule 2002 Court Filing, the attorney filing the same shall be identified 

by name, state bar number, complete mailing address, telephone number, and the name of the party 

whom the attorney represents. 

IV. Omnibus Hearing Dates. 

15. First Omnibus Hearings. Periodic omnibus hearings will occur as may be 

scheduled by the Court (the “Omnibus Hearings”). The Court has set the following dates and 

times (all prevailing Eastern Time) as the next omnibus hearings: 

a. __________, 2020, at __:__ _.m.; 

b. __________, 2020, at __:__ _.m.; 

c. __________, 2020, at __:__ _.m.; 

d. __________, 2020, at __:__ _.m.; and 

e. __________, 2020, at __:__ _.m. 

16. Future Omnibus Hearings. Throughout the chapter 11 cases, the Debtors shall 

periodically request that future Omnibus Hearings be scheduled as necessary. The Debtors, in 

consultation with the U.S. Trustee, shall send notices of the Omnibus Hearings to the Core Group 

and 2002 List when the Omnibus Hearings are scheduled, post the schedule of Omnibus Hearings 

on the Case Website, and file notices of additional Omnibus Hearing dates on a periodic basis with 

the Court. For information concerning future Omnibus Hearings that have been scheduled by the 

Court, entities may visit the Case Website, or contact the Clerk of the Court at 701 Broad Street, 

Suite 4000, Richmond, Virginia 23219 or by visiting www.vaeb.uscourts.gov. 

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17. All Requests for Relief, Objections, and all other matters requiring a hearing in the 

chapter 11 cases shall be set forth and be heard at an Omnibus Hearing unless otherwise ordered 

by the Court for good cause shown. All Requests for Relief and Objections thereto and all other 

matters will be considered or heard only at Omnibus Hearings, unless the Court orders otherwise, 

in accordance with the following: 

a. In the event that a party files a Request for Relief at least 21 calendar days 

prior to the next scheduled Omnibus Hearing, the matter shall be set for 

hearing on such scheduled Omnibus Hearing and the deadline to file an 

Objection to such Request for Relief shall be seven calendar days prior to 

the Omnibus Hearing; provided, however, the Debtors’ counsel may 

propose to schedule matters filed by another party on a date other than the 

next Omnibus Hearing date if the Debtors in good faith believe that the 

hearing on the particular matter could exceed one hour. 

b. In the event that a party files a Request for Relief less than 21 calendar days 

but at least 14 calendar days prior to the next scheduled Omnibus Hearing, 

the matter shall be set for hearing on such scheduled Omnibus Hearing and 

the deadline to file an Objection to such Request for Relief shall be three 

calendar days prior to the Omnibus Hearing; provided, however, the 

Debtors’ counsel may propose to schedule matters filed by another party on 

a date other than the next Omnibus Hearing date if the Debtors in good faith 

believe that the hearing on the particular matter could exceed one hour. 

c. In the event that a party files a Request for Relief less than 14 calendar days 

prior to the next scheduled Omnibus Hearing, unless the Court orders 

otherwise, the matter shall be set for a date other than the next Omnibus 

Hearing date in accordance with paragraphs (a) and (b) herein. 

d. Notwithstanding any procedure herein, nothing herein shall restrict any 

entity from requesting an emergency hearing pursuant to the Local 

Bankruptcy Rules. 

18. Procedures Regarding the Omnibus Hearings. The following procedures will 

apply unless the Court orders otherwise: 

a. Except as specifically set forth herein, all notice periods for Requests for 

Relief shall be computed in accordance with the Bankruptcy Rules and 

Local Bankruptcy Rules and nothing in these Case Management Procedures 

shall be deemed to change such requirements. 

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b. Any notice of an Omnibus Hearing shall conspicuously contain the date and 

time that the hearing will be held in the event that an Objection is filed in 

accordance with the applicable rules. 

c. Deadlines for responding to a Request for Relief shall be governed by these 

Case Management Procedures and the Local Bankruptcy Rules, except to 

the extent the Local Bankruptcy Rules conflict with these Case 

Management Procedures, in which case the Case Management Procedures 

shall govern. A reply to any responsive pleading must be received no later 

than 12:00 p.m. (prevailing Eastern Time) on the date that is one business 

day before the applicable hearing date.

d. Nothing contained herein shall prejudice the rights of any party in interest 

to move the Court to further limit or expand notice of matters and 

proceedings upon a showing of good cause, including, but not limited to, 

the right to file a Request for Relief upon shortened notice or to seek an 

enlargement or reduction of time pursuant to Bankruptcy Rule 9006. 

e. If a party intends to present an order at the Omnibus Hearing different from 

the order attached to the motion, the Debtors’ counsel, to the extent known, 

shall state on the hearing agenda above that a different order will be 

presented for entry or file such proposed order with Court in advance of the 

Omnibus Hearing. 

f. Notwithstanding Local Bankruptcy Rule 9013-1(J), the Debtors’ counsel 

may, without leave of the Court and, unless upon the objection of another 

non-Debtor party, the Court orders otherwise, adjourn any matter to a 

subsequent fixed Omnibus Hearing. If a matter is adjourned, the Debtors’ 

counsel shall update the hearing agenda accordingly. 

g. For the avoidance of doubt, the Debtors’ counsel may propose to schedule 

matters filed by another party on a date other than the next Omnibus Hearing 

date if the Debtors in good faith believe that the hearing on the particular 

matter could exceed one hour. 

h. Upon request, the Court may allow counsel to participate in any hearing by 

telephone. 

i. With the consent of the Court, the Debtors may delay the start time of any 

previously scheduled Omnibus Hearing to accommodate potential 

resolution of any matters scheduled for such Omnibus Hearing. 

19. Proposed Omnibus Hearing Agenda. The Debtors shall prepare Omnibus Hearing 

agendas in accordance with the following: 

a. No later than two calendar days prior to each Omnibus Hearing, the 

Debtors’ counsel shall file a proposed agenda with regard to the matters that 

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are scheduled to be heard on such Omnibus Hearing (the “Proposed Hearing 

Agenda”). The Proposed Hearing Agenda is for the convenience of the 

Court and counsel and is not determinative of the matters to be heard on that 

day or whether there will be a settlement or a continuance.

b. The Proposed Hearing Agenda will include, to the extent known by the 

Debtors’ counsel: (i) the docket number and title of each matter to be 

scheduled for hearing on such Omnibus Hearing, including the initial filing 

and any responses, replies, or documents related thereto; (ii) whether the 

matters are contested or uncontested; (iii) whether the matters have settled 

or are proposed to be continued; (iv) other comments that will assist the 

Court; and (v) a suggestion for the order in which the matters should be 

addressed.

20. Granting the Request for Relief Without a Hearing. Provided that the notice filed 

with the Request for Relief includes a statement that the Request for Relief may be granted and an 

order entered without a hearing unless a timely Objection is made, after the Objection deadline has 

passed, and no Objection has been filed or served in accordance with the procedures set forth 

herein, counsel to the entity that has filed the Request for Relief may file a certification indicating 

that no Objection has been filed or served on the entity who has filed the Request for Relief and 

submit an order granting the relief requested. 

21. List. Notwithstanding Local Bankruptcy Rule 9022-1(B), a proponent of a Request 

for Relief shall serve an order granting such relief on the Core Group and 2002 List no later than 

five business two after such order was entered and no service list need be submitted with the 

proposed order. 

V. Foreign Attorneys. 

22. All attorneys shall carefully review the Local Bankruptcy Rules and, in particular, 

Local Bankruptcy Rule 2090-1 regarding the procedure for appearing and practicing before the 

Court, which is available on the Court’s website at 

https://www.vaeb.uscourts.gov/wordpress/?wpfb_dl=793. 

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23. Pursuant to Local Bankruptcy Rule 2090-1(E)(3), attorneys from other states and 

the District of Columbia (each, a “Foreign Attorney”) may appear and practice in the chapter 11 

cases upon the motion of a member of the bar of the Court, which authorization shall extend to 

any adversary proceedings filed in connection with the cases; provided, that in all appearances, a 

Foreign Attorney must be accompanied by a member of the bar of the Court. Further, the Eastern 

District of Virginia does not allow Foreign Attorneys to electronically file pleadings on CM/ECF, 

but does allow Foreign Attorneys to register to become limited participants on its system by 

following the procedures set forth in the administrative procedures for CM/ECF cases. Any 

government attorney shall appear and practice in the chapter 11 cases pursuant to Local 

Bankruptcy Rule 2090-1(E)(4). 

VI. Motions for Relief from the Automatic Stay. 

24. The initial hearing on any motion for relief from the automatic stay shall be a 

preliminary hearing unless otherwise agreed to by the Debtors. Notwithstanding section 362(e) of 

the Bankruptcy Code, by setting a hearing on a motion for relief from the automatic stay on an 

Omnibus Hearing, a party shall be deemed to have consented to the automatic stay remaining in 

full force and effect until the conclusion of the preliminary hearing. The Court may continue the 

effectiveness of the automatic stay until a final hearing on the matter. Nothing in this section shall 

prevent a party from seeking expedited consideration of a motion for relief from the automatic 

stay. 

VII. Evidentiary Hearings. 

25. Pursuant to Bankruptcy Rule 9014 and in compliance with Local Bankruptcy Rule 

9014-1, in the event that a timely Objection is made to a Request for Relief (each, 

a “Contested Matter”), the hearing on such a Contested Matter shall be an evidentiary hearing at 

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which witnesses may testify, unless the parties otherwise agree that any such hearing shall not be 

an evidentiary hearing, in which case, to the extent known by the Debtors’ counsel, the Proposed 

Hearing Agenda shall state as such; provided, however, that the Debtors’ counsel may propose to 

schedule matters filed by another party on a date other than the next Omnibus Hearing date if the 

Debtors in good faith believe that the hearing on the particular matter could exceed one hour. 

26. With respect to a timely filed Objection to a Request for Relief and unless otherwise 

agreed to by the parties, such opposing party must contemporaneously notify the adverse party 

that it intends to introduce evidence or witnesses at the hearing on the Request for Relief that is 

the subject of the Objection. In addition to specifying whether such party intends to introduce 

evidence or witnesses at the hearing on the Objection, the party must also submit to the adverse 

party, contemporaneously with the filing of the Objection, proposed deadlines for the parties to 

identify, with reasonable particularity, and serve on the adverse party, its proposed evidentiary 

exhibits and witnesses in a written disclosure (each, a “Disclosure”), which Disclosures shall be 

served only on the adverse party. Such notices must be received by the adverse party, in writing, 

immediately upon the filing of such Objection and in any event, no later than three calendar days 

prior to the scheduled hearing (unless such matter is scheduled on an expedited basis, in which 

case the parties shall cooperate to exchange the appropriate information as quickly as is 

feasible). Failure to provide timely notices as set forth in this paragraph, in the discretion of the 

Debtors, may result in the exclusion of such evidence. In the event the parties cannot reach an 

agreement regarding deadlines for Disclosure, either party may seek appropriate relief from the 

Court. 

27. Upon reasonable request, the parties subject to a Contested Matter shall provide 

copies of all proposed evidentiary exhibits and make all witnesses available for deposition at the 

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expense of the requesting party and within a time period to reasonably facilitate conducting the 

evidentiary hearing as scheduled. 

28. Parties shall comply with the Court’s Instructions for Preparing Exhibit List and 

Pre-Marking Exhibits, available at https://www.vaeb.uscourts.gov/wordpress/?wpfb_dl=250. 

29. Any party subject to a Contested Matter that fails to identify its evidentiary exhibits 

or witnesses as provided herein may be precluded, at the Court’s discretion, from presenting such 

evidentiary exhibits or witnesses at the hearing on the matter or, alternatively, the hearing shall be 

adjourned. 

30. Nothing contained herein shall preclude any party from presenting proffers in 

connection with uncontested matters or agreeing with an opposing party to present proffers in any 

Contested Matter or otherwise stipulating certain facts or documents into evidence. 

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Exhibit 2 

Notice

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Information to identify the case: 

Debtor: Pier 1 Imports, Inc. EIN: 75-1729843 

United States Bankruptcy Court for the Eastern District of Virginia 

Case Number: 20-30805 

Official Form 309F (For Corporations or Partnerships) 

Notice of Chapter 11 Bankruptcy Case 12/15 

For the debtor listed above, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has 

been entered. This notice has important information about the case for creditors, debtors, and trustees, including 

information about the meeting of creditors and deadlines. Read both pages carefully. 

The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally 

may not take action to collect debts from the debtor or the debtor’s property. For example, while the stay is in effect, 

creditors cannot sue, assert a deficiency, repossess property, or otherwise try to collect from the debtor. Creditors 

cannot demand repayment from the debtor by mail, phone, or otherwise. Creditors who violate the stay can be required 

to pay actual and punitive damages and attorney’s fees. 

Confirmation of a chapter 11 plan may result in a discharge of debt. A creditor who wants to have a particular debt 

excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office within the deadline specified 

in this notice. (See line 11 below for more information.) 

To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s 

office at the address listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov). 

The staff of the bankruptcy clerk’s office cannot give legal advice. 

Do not file this notice with any proof of claim or other filing in the case. 

1. Debtor’s full name: See Chart Below 

2. All other names used in the last 8 years: Not Applicable 

DEBTOR ADDRESS CASE NO. EIN # 

Pier 1 Imports, Inc. 100 Pier 1 Place 

Fort Worth, Texas 76102 20-30805 75-1729843 

Pier 1 Assets, Inc. 100 Pier 1 Place 

Fort Worth, Texas 76102 20-30806 75-2552025 

Pier 1 Holdings, Inc. 100 Pier 1 Place 

Fort Worth, Texas 76102 20-30807 75-2668764 

Pier 1 Imports (U.S.), Inc. 100 Pier 1 Place 

Fort Worth, Texas 76102 20-30808 75-1673348 

Pier 1 Licensing, Inc. 100 Pier 1 Place 

Fort Worth, Texas 76102 20-30809 75-2552034 

Pier 1 Services Company 100 Pier 1 Place 

Fort Worth, Texas 76102 20-30810 75-2668767 

Pier 1 Value Services, LLC 100 Pier 1 Place 

Fort Worth, Texas 76102 20-30804 22-3776169 

PIR Trading, Inc. 100 Pier 1 Place 

Fort Worth, Texas 76102 20-30811 75-2355471 

3. Address: See Chart Above 

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4. Debtor’s attorney

Joshua A. Sussberg, P.C. (pro hac vice admission pending) Michael A. Condyles (VA 27807) 

Emily E. Geier (pro hac vice admission pending) Peter J. Barrett (VA 46179) 

AnnElyse Scarlett Gains (pro hac vice admission pending) Jeremy S. Williams (VA 77469) 

KIRKLAND & ELLIS LLP Brian H. Richardson (VA 92477) 

KIRKLAND & ELLIS INTERNATIONAL LLP KUTAK ROCK LLP

601 Lexington Avenue 901 East Byrd Street, Suite 1000

New York, New York 10022 Richmond, Virginia 23219-4071 

Telephone: (212) 446-4800 Telephone: (804) 644-1700 

Facsimile: (212) 446-4900 Facsimile: (804) 783-6192 

 

-andJoshua M. Altman (pro hac vice admission pending) 

KIRKLAND & ELLIS LLP

KIRKLAND & ELLIS INTERNATIONAL LLP

300 North LaSalle Street 

Chicago, Illinois 60654 

Telephone: (312) 862-2000

Facsimile: (312) 862-2200

 

Proposed Co-Counsel to the Debtors and Debtors in Possession 

5. 

Bankruptcy clerk’s office 

Documents in this case may be 

filed at this address. 

You may inspect all records 

filed in this case at this office 

or online at www.pacer.gov. 

U.S. Bankruptcy Court 

701 East Broad Street, 

Suite 4000 

Richmond, Virginia 23219 

Hours open: 

Monday − Friday 

9:00 AM − 4:00 PM ET 

Contact phone 804−916−2400 

6. 

Meeting of creditors (if any) 

The debtor’s representative 

must attend the meeting to be 

questioned under oath. 

Creditors may attend, but are not 

required to do so.

Time and Date To be Determined 

The meeting may be continued or 

adjourned to a later date. If so, the 

date will be on the court docket. 

Location: 

[_____] 

[_____] 

7. Proof of claim deadline 

Deadline for filing proof of claim: [Not yet set. If a deadline is set, notice will 

be sent at a later time]. 

A proof of claim is a signed statement describing a creditor’s claim. A proof of claim 

form may be obtained at www.uscourts.gov or any bankruptcy clerk’s office. 

Your claim will be allowed in the amount scheduled unless: 

 Your claim is designated as disputed, contingent, or unliquidated; 

 You file a proof of claim in a different amount; or 

 You receive another notice 

If your claim is not scheduled or if your claim is designated as disputed, contingent, 

or unliquidated, you must file a proof of claim or you might not be paid on your 

claim and you might be unable to vote on a plan. You may file a proof of claim 

even if your claim is scheduled. 

You may review the schedules at the bankruptcy clerk’s office or online at 

www.pacer.gov. 

Secured creditors retain rights in their collateral regardless of whether they file a 

proof of claim. Filing a proof of claim submits a creditor to the jurisdiction of the 

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bankruptcy court, with consequences a lawyer can explain. For example, a 

secured creditor who files a proof of claim may surrender important nonmonetary 

rights, including the right to a jury trial.

8. Exception to discharge deadline 

The bankruptcy 

clerk’s office must 

receive a complaint 

and any required 

filing fee by the 

following deadline. 

You must start a judicial proceeding by filing a complaint if you want to have a debt 

excepted from discharge under 11 U.S.C. § 1141(d)(6)(A). 

Deadline for filing the complaint: [To be Determined] 

9. Creditors with a foreign address 

If you are a creditor receiving notice mailed to a foreign address, you may file a motion asking the court to extend 

the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have any 

questions about your rights in this case. 

10. Filing a Chapter 11 bankruptcy case 

Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless the court 

confirms it. You may receive a copy of the plan and a disclosure statement telling you about the plan, and you may 

have the opportunity to vote on the plan. You will receive notice of the date of the confirmation hearing, and you 

may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving, the debtor 

will remain in possession of the property and may continue to operate its business. 

11. Discharge of debts 

Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your debt. 

See 11 U.S.C. § 1141(d). A discharge means that creditors may never try to collect the debt from the debtor except 

as provided in the plan. If you want to have a particular debt owed to you excepted from the discharge under 11 

U.S.C. § 1141(d)(6)(A), you must start a judicial proceeding by filing a complaint and paying the filing fee in the 

bankruptcy clerk’s office by the deadline. 

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