IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE EDWARD T. GAVIN, CTP, NCPM, TRUSTEE OF SETTLEMENT- RELATED LIQUIDATING TRUST 2022-23, Plaintiff, v. BRIAN R. KAHN, VINTAGE OPPORTUNITY PARTNERS GP, LLC, and SAMJOR FAMILY LP, Defendants, and VINTAGE OPPORTUNITY PARTNERS, L.P., Nominal Defendant. C.A. No.: 2025-1268-SEM PUBLIC VERSION FILED ON NOVEMBER 10, 2025 VERIFIED COMPLAINT TO CONFIRM ARBITRATION AWARD Plaintiff Edward T. Gavin, CTP, NCPM, Trustee of Settlement-Related Liquidating Trust 2022-23 (“Plaintiff” or the “Trustee”), by and through his undersigned counsel, hereby brings this Verified Complaint to confirm the Final Award Granting Claimant’s Motion for Summary Judgment dated October 14, 2025 (the “Final Award”), as an arbitration award and enter judgment as reflected in the Final Award. Plaintiff is further entitled to expenses incurred in bringing this action. In support thereof, Plaintiff avers as follows: EFiled: Nov 10 2025 01:45PM EST Transaction ID 77742780 Case No. 2025-1268-SEM 2 I. NATURE OF THE CASE 1. On October 14, 2025, Arbitrator Leslie A. Berkoff, the duly appointed arbitrator (the “Arbitrator”) in Edward T. Gavin, CTP, NCPM, Trustee of Settlement- Related Liquidating Trust 2022-23 v. Brian R. Kahn, Vintage Opportunity Partners GP, LLC, Samjor Family LP, and Vintage Opportunity Partners, L.P. , AAA Reference No. 01-24-0000-6959 (the “Arbitration”) issued the Final Award in an arbitration proceeding that had been conducted in accordance with the Commercial Rules of the American Arbitration Association. A copy of the Final Award is attached as Exhibit 1. 2. In the Final Award, the Arbitrator found Defendants Brian Kahn (“Kahn”) and Samjor Family LP (“Samjor”)—an entity owned and operated by Kahn—liable for breach of contract and awarded the Trustee the sum of $279,110,753.09 plus post-judgment interest and $30,500.99 in arbitration fees. 3. The Final Award also rendered final the Arbitrator’s findings in the Interim Decision Granting Claimant’s Motion for Summary Judgment dated July 9, 2025 (“Interim Decision”). 1 See Ex. 1 at 2. A copy of the Interim Decision is attached as Exhibit 2. In the Interim Decision, the Arbitrator found Kahn liable for a separate breach of contract and awarded the Trustee $30,000,000 in damages. Ex. 2 at 29-30. 1 The Interim Decision and Final Award will collectively be referred to as the “Final Award” unless specific reference is being made to one of the written orders. 3 4. This Complaint seeks judicial confirmation of the Final Award. The Federal Arbitration Act states that a court “must” grant a petition to confirm an arbitration award unless the liable party shows that the award should be vacated, modified or corrected based on one of the narrow grounds prescribed in the Act. See 9 U.S.C. § 9. Establishing one of these grounds would require Samjor and Kahn to show that the award was procured by corruption, fraud, misconduct or other highly unusual circumstances. See 9 U.S.C. §§ 10-11. Because Samjor and Kahn cannot satisfy this heavy burden, this Court “must” confirm the Final Award. II. PARTIES AND RELEVANT NON-PARTIES 5. Edward T. Gavin, CTP, NCPM is the Trustee of the Settlement-Related Liquidating Trust 2022-23 (the “Trust”). The Trust is a trust organized under Delaware law pursuant to a Liquidating Trust Agreement dated July 31, 2022. See LTA, attached as Exhibit 3. 6. Kahn is an individual 7. Vintage Opportunity Partners GP, LLC (“VOPGP,” and collectively, with Kahn and Samjor, “Defendants”) is a Delaware limited liability company and Kahn is its sole Managing Member. VOPGP’s last known address was 4 8. Samjor is a Delaware limited partnership with a last known address of Kahn owns and operates Samjor and is the President of Samjor, Inc., Samjor’s General Partner. 9. Vintage Opportunity Partners, L.P. (“the Partnership”) is a Delaware Limited Partnership with its registered agent listed as Incorporating Services, Ltd., 3500 S Dupont Hwy, Dover, DE 19901. 10. Franchise Group, Inc. (“FRG”) was founded in 2019 as a holding company that acquired and managed franchise companies such as American Freight, The Vitamin Shoppe, and Pet Supplies Plus. From its founding in 2019 through August of 2023, FRG was publicly traded on NASDAQ. Since its inception, Kahn has been the principal shareholder and, until January 2024, was the chief executive officer of FRG. III. JURISDICTION AND VENUE 11. This Court has subject matter jurisdiction pursuant to 10 Del. C. § 5702 and the Federal Arbitration Act, 9 U.S.C. § 1, et seq. 12. Section 16 of the Settlement Agreement, Section 7 of the Consent Agreement, Section 10.06(a) of the LPA, and Section 15 of the Forbearance Agreement (all defined below) contain arbitration provisions providing that any disputes between the parties “shall be resolved under the Commercial Arbitration 6 B. Prophecy Settles the Investor Actions and the Trust is Formed 17. The parties to the Investor Actions ultimately resolved their disputes at mediation. The parties’ agreement was memorialized in a Settlement Agreement, dated June 1, 2022 (“Settlement Agreement”). See Settlement Agreement, attached as Exhibit 4; Ex. 2 at 3. In connection with the Settlement Agreement, the Trust was formed for the benefit of the settling investors. See Ex. 4 at § 2(b)(i); July 31, 2022 Liquidating Trust Agreement (“LTA”), Ex. 3 at § 2.01; Ex. 2 at 3. The Prophecy Fund assigned all of its assets and liabilities to the Trust and similarly distributed all of its beneficial interests. See Ex. 4 at § 3(c); Ex. 3 at § 2.03; Ex. 2 at 3. 18. Pursuant to the settlement, Kahn would contribute 2,500,000 shares of FRG stock (the “FRG Shares”) to the Partnership. Ex. 2 at 4. VOPGP, of which Kahn is the Managing Member, is the General Partner of the Partnership and the Trust is the sole limited partner (“Limited Partner”), see Ex. 4 at § 3(a), making it the beneficial interest holder of the FRG Shares. Ex. 2 at 4. The FRG Shares would eventually be transferred to the Trustee within 30 days of the Trustee’s written demand. See Ex. 4 at § 4(a); Ex. 2 at 4. In the event that Kahn refused to transfer the 7 FRG Shares to the Trustee, the parties agreed to a liquidated damages provision due to the uncertainty and risk associated with valuing the FRG Shares. See Ex. 4 at § 4(e); Ex. 2 at 4. Kahn agreed to pay the Trustee $30 million if he willfully refused to transfer the FRG Shares to the Trustee upon the Trustee’s written demand. Ex. 4 at § 4(e); Ex. 2 at 4. 19. Under the Vintage Opportunity Partners, L.P. Limited Partnership Agreement (“LPA”), attached as Exhibit 5, the Partnership could distribute the FRG Shares free and clear of any security interests or encumbrances to the Trust. Ex. 5 at § 4.03; Ex. 2 at 4. 20. Pursuant to the LPA’s express provisions, Kahn, amongst other restrictions, could not unilaterally dispose of the FRG Shares for less than $60 per share without the Trust’s written consent. See Ex. 5 at § 3.03(c); Ex. 2 at 4. 21. As another condition of settlement, on July 31, 2022, Kahn entered into the Promissory Note, dated July 31, 2022, in the aggregate amount inclusive of principal and interest of approximately $25,000,000, with a maturity date of February 28, 2023 (the “First Promissory Note”). See First Promissory Note, attached as Exhibit 6; Ex. 2 at 4-5. 22. On that same date, Kahn entered into the Promissory Note, dated July 31, 2022, in the aggregate amount inclusive of principal and interest ranging from $252 million to $290 million, depending on how quickly the note was paid (“Second 8 Promissory Note”). See Second Promissory Note, attached as Exhibit 7; Ex. 2 at 5. The Second Promissory Note has a maturity date of 36 months from the date the Settlement Agreement became effective. See id. 23. Kahn personally guaranteed the First and Second Promissory Notes. See Guaranty, dated July 31, 2022, attached as Exhibit 8; Ex. 2 at 5. 24. On February 28, 2023, the maturity date for the First Promissory Note, Kahn failed to remit payment to the Trust. Kahn had advised the Trustee that he would not be able to timely satisfy his obligations under the First Promissory Note or the Guaranty. Ex. 2 at 5. 25. Also on February 28, 2023, Samjor, as obligor, Kahn, as guarantor, and the Trust entered into the Forbearance Agreement, attached as Exhibit 9. Ex. 2 at 5. Pursuant to the Forbearance Agreement, the Trust would not exercise default remedies against Kahn if he was able to meet certain conditions (“Forbearance Condition”). Ex. 9 at §§ 3–4; Ex. 2 at 5. One such Forbearance Condition was that on or before January 31, 2024, and again on or before April 30, 2024, Samjor and Kahn were required to pay to the Trust either $1.5 million in cash, or transfer certain shares having fair market value of $5 million. Ex. 9 at § 4(g); Ex. 2 at 5. If they failed to satisfy this, or any other Forbearance Condition, the Trust could terminate the Forbearance Agreement and “pursue full repayment through any lawful means.” Ex. 9 at § 3; Ex. 2 at 5. 9 26. The Forbearance Agreement also delayed payment on the Specified Debt, which is defined in the Settlement Agreement as “the indebtedness evidenced by (a) the Revolving Credit Note dated January 11, 2019, in the maximum principal amount of $7.5 million issued by Vintage Albany Acquisition LLC in favor of PTA Master Fund and (b) the promissory note dated February 20, 2020, in the principal amount of $2.1 million issued by Plymouth SPV I, LP in favor of Special Ops Fund.” Ex. 4 at § 1 (“Specified Debt”); Ex. 2 at 5. The Forbearance Agreement was scheduled to terminate on July 31, 2024 (the “Forbearance Termination Date”). Ex. 9 at § 1(c); Ex. 2 at 6. On or before the Forbearance Termination Date, Samjor and Kahn agreed to pay the balance of the First Promissory Note and Specified Debt. See Ex. 9 at § 4(h); Ex. 2 at 6. C. The Trustee’s Unambiguous Consent Rights under the LPA 27. Section 3 of the LPA governs the Partnership’s management. Section 3.03 is titled “Limited Partner Consent Rights” and provides that the Limited Partner has sole and absolute discretion over whether the FRG Shares can be disposed of for less than $60 per share prior to the Redemption Date 2 and whether the Partnership, on one hand, and the General Partner or any Affiliate 3 of the General Partner, on the 2 “Redemption Date” is defined in the Settlement Agreement as the date on which a redemption provided for in Section 4 of the Settlement Agreement is affected. See Ex. 4 at § 1; Ex. 2 at 6. 3 When used in reference to a specified Person, “Affiliate” is defined in the LPA to mean “(a) any Person that, directly or indirectly, through one or more intermediaries, controls or 10 other, can enter into any “transaction, arrangement or agreement.” See Ex. 5 at § 3.03; Ex. 2 at 6. 28. Section 4 of the Settlement Agreement governs the parties’ rights to elect to redeem its limited partnership interests in the Partnership. Ex. 2 at 6-7. The Limited Partner’s consent rights were included in the LPA for the express purpose of limiting VOPGP from taking certain unilateral actions related to the Partnership’s sole asset, the FRG Shares. Id. D. Kahn Causes VOPGP to Breach the LPA by Entry into the Merger Agreement, Voting Agreement, Interim Investors Agreement and His Refusal to Transfer the Rollover Securities 29. On May 10, 2023, FRG announced a go-private transaction (the “Transaction”). As part of the Transaction, the Agreement and Plan of Merger (the “Merger Agreement”) was entered into by and among FRG, Freedom VCM, Inc. (“VCM”), and Freedom VCM Subco, Inc. (“SubCo”). Ex. 2 at 7. Pursuant to the Merger Agreement, SubCo would merge with and into FRG, with FRG surviving the merger. All shares of FRG Common Stock would cease to be publicly traded and the Company would become a privately held company, wholly owned by VCM. Id. ; see Merger Agreement, dated May 10, 2023, attached as Exhibit 10. Each FRG share is controlled by or is under common control with the specified Person; [or] (b) any Person that is an officer or director of, partner in, manager or trustee of, or serves in a similar capacity with respect to, the specified Person or of which the specified Person is an officer, director, partner, manager or trustee, or with respect to which the specified Person serves in a similar capacity....” See Ex. 5 at § 2.01(a); Ex. 2 at 7. 11 would be converted into the right to receive $30 per share in cash, without interest. See id. at §§ 4.1(a); 1.1. As a result of the Transaction, the FRG Shares would be converted into the Rollover Securities. Ex. 2 at 7. 30. At this time, Kahn was the president of VCM and SubCo. Id. 31. As one of the conditions to closing the Transaction, Kahn executed the Rollover Agreement on behalf of the Partnership, which provides that, immediately prior to the effective time for the Transaction, each of the “Rolling Stockholders” identified in the agreement would contribute their respective shares of FRG to Freedom VCM Holdings, LLC (“TopCo”). See Rollover Agreement, dated May 10, 2023 (attached as Exhibit 11) at § 1; Ex. 2 at 8. 32. TopCo is VCM’s parent company, and Kahn would gain an equity interest in TopCo following the closing of the Transaction. See Ex. 11 at § 1; Ex. 2 at 8. The Rollover Agreement identifies, amongst other “Rolling Stockholders,” the Partnership as contributing 2,500,000 shares of FRG, worth $75,000,000 in the contemplated transaction, to TopCo in exchange for a pro rata share of the new private company ( i.e. , the 65,625.00 Class A Units comprising the Rollover Securities). See Ex. 11 at Schedule A; Ex. 2 at 8. Kahn executed the Rollover Agreement on behalf of the Partnership without the written consent of the Limited Partner. Ex. 2 at 8. 33. As another condition to closing the Transaction, VCM, FRG, and 12 certain stockholders entered into the Voting Agreement. See Voting Agreement, dated May 10, 2023, attached as Exhibit 12; Ex. 2 at 8. The Partnership is identified as one of the stockholders that entered into the Voting Agreement. Ex. 12 at Schedule A; Ex. 2 at 8. Pursuant to the Voting Agreement, the identified stockholders agreed to vote their shares of FRG stock in favor of the adoption of the Merger Agreement. Ex. 12 at § 3.1; Ex. 2 at 8. Kahn executed the Voting Agreement on behalf of the Partnership, without the Limited Partner’s written consent, and agreed to vote all 2,500,000 of the Partnership’s Shares in favor of the Transaction. Ex. 2 at 8. 34. In connection with the Transaction, B. Riley committed $560,000,000 in cash in immediately available funds to TopCo in exchange for a certain equity interest in TopCo. See Equity Commitment Letter from B. Riley Financial, Inc. to Freedom VCM, Inc., VCM Holdings, LLC, dated May 10, 2023, attached as Exhibit 13 at § 1; Ex. 2 at 8. 35. To further memorialize the agreement with B. Riley, Kahn and VCM entered into the Interim Investors Agreement with B. Riley Financial, Inc. See Interim Investors Agreement, dated May 10, 2023, attached as Exhibit 14; Ex. 2 at 8. Pursuant to the Interim Investors Agreement, B. Riley and Kahn agreed to enter into an “LLC Agreement” concurrently upon the closing of the Transaction that included the matters set forth in a term sheet appended to the Interim Investors Agreement as Exhibit B. See Ex. 14 at § 5; Ex. 2 at 8-9. In Exhibit B to the Interim 13 Investors Agreement, B. Riley and Kahn agreed not to transfer shares of the newly formed private company without the other party’s consent. Ex. 2 at 9. E. The Trustee Learns of the Transaction from a Press Release and Kahn Tries to Convince the Trustee to Consent to the Disposal of the FRG Shares 36. Neither VOPGP nor Kahn provided the Trustee with notice of the Transaction before the Merger Agreement and related agreements were entered into. Instead, the Trust found out via a public press release issued by FRG. Ex. 2 at 9. 37. The Trustee put Kahn on notice that he had materially breached the Settlement Agreement and LPA. Specifically, that Kahn had committed to disposing of the FRG Shares for less than $60 per share, prior to the Redemption Date, in a transaction with an Affiliate, without the Limited Partner’s approval. Id. F. The Trust Agrees to Forbear on Defaulting Kahn and the Transaction Closes 38. On August 21, 2023, the Trustee, on behalf of the Trust, executed the Consent Agreement with Kahn. A copy of the Consent Agreement is attached as Exhibit 15. By the terms of the Consent Agreement, the Trust agreed that it would forbear from exercising any remedy of default under the Settlement Agreement from the effective date of the Consent Agreement until any future date when Kahn or another member of the VC Group defaults under any further covenants or obligations under the Settlement Agreement. See Ex. 15 at § 3; Ex. 2 at 9-10. Pursuant to the Consent Agreement, the Trust did not waive any of its rights, powers or remedies 14 arising out of the Settlement Documents, and the VC Group acknowledged that those documents remain in full force and effect against the VC Group. See Ex. 15 at § 3; Ex. 2 at 10. 39. As part of the Agreement, Kahn agreed that the Rollover Securities would be held by the Partnership as a result of the Transaction and would only be distributed pursuant to certain parameters. See Ex. 15 at § 4; Ex. 2 at 10. 40. Kahn also agreed to take steps and obtain consents necessary to cause the Partnership, at the Trustee’s request, at any time following 60 days from the consummation of the Merger, to distribute the Rollover Securities to the Trust as a distribution under the LPA. See Ex. 15 at § 5(g); Ex. 2 at 10. 41. FRG noticed a special meeting for stockholders to vote on the proposed Transaction on August 17, 2023. FRG stockholders approved the Transaction, and it closed on August 21, 2023. Ex. 2 at 11. 42. Pursuant to the Consent Agreement and the Transaction, the Rollover Securities were transferred to the Partnership. Id. G. Kahn Fraudulently Undermines the Consent Agreement 43. Kahn had agreed with other parties to certain restrictions concerning the transfer of the Rollover Securities prior to entering into the Consent Agreement but did not reveal them to the Trustee while negotiating the Consent Agreement. Id. at 7, 10-11. In addition, Kahn failed to disclose the Trust’s interests in the Rollover 15 Securities, the existence of his obligations to the Trust, and the Trust’s existence to B. Riley prior to entering into the Consent Agreement. Id. at 10-11. 44. On August 21, 2023, Kahn and B. Riley entered into the Amended and Restated Limited Liability Company Agreement of Freedom VCM Holdings, LLC (“TopCo LLCA”) as contemplated by the parties’ earlier agreements, including the Interim Investors Agreement. See Ex. 14 at § 5; Ex. 2 at 9 n.1. A copy of the TopCo LLCA is attached as Exhibit 16. As provided for in the term sheet appended to the Interim Investors Agreement, the parties agreed to a transfer restriction of TopCo’s units, including the Rollover Securities. Ex. 14 at Schedule B. Kahn executed the TopCo LLCA on behalf of VOP, as the General Partner of VOPGP, with no prior notice to the Trustee. 45. Also on August 21, 2023, and contemporaneous to the Trustee’s execution of the Consent Agreement, Kahn refinanced his and his affiliates’ existing obligations to B. Riley. VCM Capital Management, LLC, an entity controlled by Kahn, executed a $200,505,925.51 Secured Promissory Note in favor of B. Riley. A copy of the Secured Promissory Note is attached as Exhibit 17. VCM Capital Management, LLC, also entered into a Guaranty and Pledge Agreement with BRF Finance Co. LLC whereby VCM Capital Management, LLC pledged 227,296.29 Class A Units of TopCo, to B. Riley. A copy of the Pledge Agreement is attached as Exhibit 18. See Ex. 18 at § 1.2. B. Riley perfected its security interest in the Class A 16 Units in TopCo pursuant to a Securities Account Control Agreement, attached as Exhibit 19. 46. On or about November 20, 2023, the Trustee requested that Kahn distribute the Rollover Securities to the Trust. After considerable delay and repeated requests, Kahn responded that he could not complete the distribution. Ex. 2 at 11. The Trustee, unaware of the commitments that Kahn had made to B. Riley and the restrictions that Kahn had agreed to concerning the transfer of the Rollover Securities, requested, on several occasions, additional information regarding the status of the Rollover Securities and their transfer to the Trust. Two months later, on January 17, 2024, the Trust was provided a copy of the documents demonstrating the restrictions. At this point, the Trust learned that Kahn had fraudulently misled the Trust into executing the Consent Agreement while simultaneously negotiating a deal with B. Riley that constituted a breach of the Consent Agreement. The Trust promptly engaged with B. Riley to address Kahn’s breach of the Consent Agreement and assert its rights in the Rollover Securities. Id. As a part of these discussions, the Trust learned that Kahn had never revealed the Trust’s interests in the Rollover Securities, the existence of his obligations to the Trust, or the Trust’s existence to B. Riley prior to entering into the Consent Agreement. Id. at 11-12. Consequently, B. Riley consented to the distribution of the Rollover Securities to the Trust. Id. at 12. 18 J. The Rollover Securities are Finally Transferred to the Trust after Losing All Value 51. On or about September 13, 2024 and on subsequent dates through October 14, 2024, Kahn—through his then-counsel—requested on multiple occasions that the Trustee provide Kahn with a written statement Kahn believed would be relevant and helpful concerning certain criminal issues that Kahn faced with the federal government. Ex. 2 at 20-21. The Trustee refused to undertake any further conversations absent his receipt of the Rollover Securities. 52. On October 14, 2024, Kahn and the Trust entered into the Share Transfer Instrument (the “Transfer Instrument”). A copy of the Transfer Instrument is attached as Exhibit 21. Pursuant to the Transfer Instrument, Kahn agreed to transfer the Rollover Securities to the Trust. Ex. 21; Ex. 2 at 20-21. 53. On November 3, 2024, FRG—and approximately 50 affiliated debtors—filed a Chapter 11 petition in the U.S. Bankruptcy Court for the District of Delaware. On November 11, 2024, FRG filed its proposed Joint Chapter 11 Plan. After undergoing many iterations, the Ninth Amended Plan (attached as Exhibit 22) was confirmed on June 6, 2025. Ex. 22; Ex. 2 at 13. 54. Pursuant to the Plan, the Rollover Securities are designated as impaired with no guarantee of any recovery given the billions of dollars of senior claims. Ex. 19 22 at § 1.91; Ex. 2 at 13. 4 Further, that the Rollover Securities would be cancelled upon the Plan’s effective date. Ex. 22 at § 7.15; Ex. 2 at 13. Therefore, the Rollover Securities have no value. Ex. 2 at 13 In contrast, on December 31, 2023, a little over one month after the Trustee's demand for the transfer of the Rollover Securities, the fair market value of the shares was $39,537,603.30. Id. Consequently, Kahn’s delay eviscerated any benefit the Trust had in the shares. The Trust (i) could not sell the Rollover Securities on the open market for their November 2023 value, (ii) would not recover any value from the FRG bankruptcy proceeding, and (iii) would see the Rollover Securities cancelled upon the Plan’s effective date. Id. at 13. K. Samjor and Kahn Default on the Second Promissory Note 55. The Second Promissory Note had a maturity date of 36 months from entry, i.e. , July 31, 2025. Ex. 1 at 4. By that date, Samjor failed to remit the required payments to the Trust under the terms of the Second Promissory Note or Sections 5(a) or 5(b) of the Settlement Agreement, and Kahn failed to remit the required payments to the Trust under the terms of the Guaranty. Id . at 5. V. ARBITRATION PROCEDURAL HISTORY 56. Plaintiff initiated the Arbitration on February 12, 2024. Defendants 4 The Interim Decision refers to “Section 1.81” of the Plan, which was the correct section under a prior iteration. That section read “ Existing TopCo Equity Interests means any Existing Equity Interests in TopCo.” This definition was moved to Section 1.91 in the iteration of the Plan that was confirmed, where it reads “‘ Existing TopCo Equity Interests’ means, collectively, any Existing Equity Interests in TopCo.” The definitions are therefore functionally identical. 20 filed their Answering Statement and Counterclaim on March 14, 2024. Plaintiff filed his Answering Statement to Defendants’ Counterclaim on March 28, 2024. 57. Plaintiff amended his Statement of Claims twice, with the Second Amended Statement of Claims filed on December 2, 2024. The Second Amended Statement of Claims alleges causes of action as follows: Count I – Breach of Contract of Consent Agreement (against Kahn and VOPGP); Count II – Breach of the Implied Covenant of Good Faith and Fair Dealing (against Kahn and VOPGP); Count III – Breach of the Settlement Agreement (against Kahn); Count IV – Fraud in the Inducement of Consent Agreement – Intentional Misrepresentation (against Kahn); and Count V – Breach of Contract of Forbearance Agreement (against Samjor and Kahn). 58. During discovery, Plaintiff served two sets of Interrogatories, Requests for Production, and Requests for Admission and deposed Kahn twice. Defendants served Interrogatories, Requests for Production, and Requests for Admission and deposed the Trustee. 59. On April 21, 2025, Plaintiff filed his Motion for Summary Judgment. 60. Defendants filed their Response Statement to the Motion for Summary Judgment on May 9, 2025. In their one-page statement, Defendants set forth no argument, merely denied Plaintiff’s claims, and advised that they do not have the resources to continue in the Arbitration.