Case LSS Doc 1462 Filed 08/15/17 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) Chapter 11

Transcription

1 Case LSS Doc 1462 Filed 08/15/17 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re VRG Liquidating, LLC, 1 et al. Debtors. Chapter 11 Case No (LSS Jointly Administered Ref. Docket No CERTIFICATE OF NO OBJECTION REGARDING DOCKET NO The undersigned hereby certifies that, as of the date hereof, he has received no answer, objection, or other responsive pleading to the Debtors Fifth Omnibus (Non-Substantive Objection to Certain Amended and Superseded and Duplicate Claims [Docket No. 1424] (the Objection filed on July 26, The undersigned further certifies that, as of the date hereof, he has reviewed the Court s docket in these cases and no answer, objection, or other responsive pleading to the Objection appears thereon. Responses to the Objection were to be filed and served by 4:00 p.m. (ET on August 9, It is hereby respectfully requested that the Order attached hereto as Exhibit A be entered at the earliest convenience of the Court. 1 The Debtors and the last four digits of their respective federal taxpayer identification numbers are as follows: VRG Liquidating, LLC (f/k/a Vestis Retail Group, LLC (1295; VRF Liquidating, LLC (f/k/a Vestis Retail Financing, LLC (9362; EMSOC Liquidating, LLC (f/k/a EMS Operating Company, LLC (2061; VIH Liquidating, LLC (f/k/a Vestis IP Holdings, LLC (2459; BS Liquidating, LLC (f/k/a Bob s Stores, LLC (4675; EMSA Liquidating, LLC (f/k/a EMS Acquisition LLC (0322; SC Liquidating 2, LLC (f/k/a Sport Chalet, LLC (0071; SCVS Liquidating, LLC (f/k/a Sport Chalet Value Services, LLC (7320; and SCTS Liquidating, LLC (f/k/a Sport Chalet Team Sales, LLC (8015. The Debtors executive headquarters are located at 160 Corporate Court, Meriden, CT :

2 Case LSS Doc 1462 Filed 08/15/17 Page 2 of 2 Dated: Augusgt 15, 2017 Wilmington, Delaware /s/ Robert F. Poppiti, Jr. Robert S. Brady, Esq. (DE Bar No Robert F. Poppiti, Jr., Esq. (DE Bar No YOUNG CONAWAY STARGATT & TAYLOR, LLP Rodney Square, 1000 North King Street Wilmington, DE Tel: ( Fax: ( rbrady@ycst.com rpoppiti@ycst.com and Michael L. Tuchin, Esq. Lee R. Bogdanoff, Esq. David M. Guess, Esq. Sasha M. Gurvitz, Esq. KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 Avenue of the Stars, 39 th Floor Los Angeles, CA Tel: ( Fax: ( mtuchin@ktbslaw.com lbogdanoff@ktbslaw.com dguess@ktbslaw.com sgurvitz@ktbslaw.com Counsel to the Debtors and Debtors in Possession 01:

3 Case LSS Doc Filed 08/15/17 Page 1 of 9 EXHIBIT A 01:

4 Case LSS Doc Filed 08/15/17 Page 2 of 9 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re VRG Liquidating, LLC, et al., 1 Debtors. Chapter 11 Case No.: (LSS (Jointly Administered Ref. Docket Nos and ORDER SUSTAINING DEBTORS FIFTH OMNIBUS (NON-SUBSTANTIVE OBJECTION TO CERTAIN AMENDED AND SUPERSEDED AND DUPLICATE CLAIMS Upon the objection [Docket No. 1424] (the Objection 2 of the debtors and debtors in possession (collectively, the Debtors in the above-captioned jointly administered chapter 11 cases (the Cases seeking entry of an order (this Order (i disallowing and expunging the Superseded Claims identified on attached Exhibit 1, (ii disallowing and expunging the Duplicate Claim identified on attached Exhibit 2, and (iii directing the Claims Agent to remove such Superseded Claims and Duplicate Claim from the Claims Register; and upon consideration of the record of these Cases and the Declaration; and it appearing that this Court has jurisdiction to consider the Objection in accordance with 28 U.S.C. 157 and 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated February 29, 2012; and it appearing that the Objection is a core matter pursuant to 28 U.S.C. 157(b(2 and that this Court may enter a final order consistent with Article III of the 1 2 The Debtors and the last four digits of their respective federal taxpayer identification numbers are as follows: VRG Liquidating, LLC (f/k/a Vestis Retail Group, LLC (1295; VRF Liquidating, LLC (f/k/a Vestis Retail Financing, LLC (9362; EMSOC Liquidating, LLC (f/k/a EMS Operating Company, LLC (2061; VIH Liquidating, LLC (f/k/a Vestis IP Holdings, LLC (2459; BS Liquidating, LLC (f/k/a Bob s Stores, LLC (4675; EMSA Liquidating, LLC (f/k/a EMS Acquisition LLC (0322; SC Liquidating 2, LLC (f/k/a Sport Chalet, LLC (0071; SCVS Liquidating, LLC (f/k/a Sport Chalet Value Services, LLC (7320; and SCTS Liquidating, LLC (f/k/a Sport Chalet Team Sales, LLC (8015. The Debtors executive headquarters are located at 160 Corporate Court, Meriden, CT Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Objection.

5 Case LSS Doc Filed 08/15/17 Page 3 of 9 United States Constitution; and it appearing that venue of these Cases and the Objection in this district is proper pursuant to 28 U.S.C and 1409; and it appearing that due and adequate notice of the Objection has been given under the circumstances and that no other or further notice need be given; and it appearing that the relief requested in the Objection is in the best interests of the Debtors estates, their creditors, and other parties in interest; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED, ADJUDGED, and DECREED THAT: 1. The Objection is SUSTAINED as set forth herein. 2. Any response to the Objection not otherwise withdrawn, resolved, or adjourned is hereby overruled on its merits. 3. Each Superseded Claim identified on Exhibit 1 and the Duplicate Claim identified on Exhibit 2 attached hereto is disallowed and expunged in its entirety. 4. The Claims Agent is directed to modify the Claims Register to comport with the relief granted by this Order. 5. Nothing in this Order shall affect any party s rights with respect to the Surviving Claims, and all parties rights with respect to such claims are reserved, including, for the avoidance of doubt, the Debtors or any subsequently appointed trustee or estate representative s rights to object in the future to the Surviving Claims, on any basis, or to object to any other claims on any basis, in each case as permitted by bankruptcy or nonbankruptcy law, subject to any limitations set forth in the Local Rules. 6. Nothing in this Order shall be deemed (i an admission as to the validity of any claim, (ii a waiver of the Debtors rights to dispute any claim on any grounds, (iii a promise or requirement to pay any claim, (iv an implication or admission that any claim is of a type 2

6 Case LSS Doc Filed 08/15/17 Page 4 of 9 referenced or defined in this Objection, (v an implication or admission that any contract or lease is executory or unexpired, as applicable, (vi a waiver or limitation of any of the Debtors rights under the Bankruptcy Code or applicable law, (vii a request or authorization to assume or reject any agreement under Bankruptcy Code section 365, (viii a waiver of any party s rights to assert that any other party is in breach or default of any agreement, or (ix an implication or admission that any contract or lease is integrated with any other contract or lease. 7. Each of the Disputed Claims and the objections raised in the Objection with respect to such Disputed Claims, constitute a separate contested matter as contemplated by Bankruptcy Rule This Order shall be deemed a separate Order with respect to each Disputed Claim. 8. Notwithstanding any applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, or the Local Rules, this Order shall be effective immediately upon its entry. 9. The Debtors and the Claims Agent are authorized to take all actions necessary or appropriate to effectuate the relief granted pursuant to this Order. 10. This Court shall retain jurisdiction and power with respect to all matters arising from or related to the implementation or interpretation of this Order. Dated: August, 2017 Wilmington, Delaware Honorable Laurie Selber Silverstein United States Bankruptcy Judge 3

7 Case LSS Doc Filed 08/15/17 Page 5 of 9 EXHIBIT 1 Superseded Claims 01:

8 01: Case LSS Doc Filed 08/15/17 Page 6 of 9 Name of Claimant New York State Department of Taxation and Finance Bankruptcy Section Albany, NY County of Riverside Attn Ronak N. Patel, Deputy County Counsel Office of the County Counsel 3960 Orange Street, Suite 500 Riverside, CA and Surviving Claim Number 1 Superseded Claim to be Disallowed Claim Amount of Superseded Claim $ $4, Riverside County Treasurer-Tax Collector Attn Bankruptcy 4080 Lemon St, 4th Floor Riverside, CA The Debtors are not, at this time, seeking allowance of the Surviving Claims and all parties rights with respect to the Surviving Claims are preserved.

9 01: Case LSS Doc Filed 08/15/17 Page 7 of 9 Name of Claimant Surviving Claim Number 1 Superseded Claim to be Disallowed Claim Amount of Superseded Claim County of Riverside Attn Ronak N. Patel, Deputy County Counsel Office of the County Counsel 3960 Orange Street, Suite 500 Riverside, CA and $14, Riverside County Treasurer-Tax Collector Attn Bankruptcy 4080 Lemon St, 4th Floor Riverside, CA

10 Case LSS Doc Filed 08/15/17 Page 8 of 9 EXHIBIT 2 Duplicate Claim 01:

11 Case LSS Doc Filed 08/15/17 Page 9 of 9 Name of Claimant Stockdale Plaza LLC Tiemstra Law Group, PC 1111 Broadway Suite 1501 Oakland, CA Surviving Claim Number 1 Duplicate Claim to be Disallowed Claim Amount of Duplicate Claim $74, : The Debtors are not, at this time, seeking allowance of the Surviving Claims and all parties rights with respect to the Surviving Claims are preserved.