mew Doc 303 Filed 10/19/17 Entered 10/19/17 13:17:41 Main Document Pg 1 of 7

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1 mew Doc 303 Filed 10/19/17 Entered 10/19/17 13:17:41 Main Document Pg 1 of 7 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK x In re: : : Chapter 11 BICOM NY, LLC, et al., 1 : : Case No (MEW) Debtors. : : (Jointly Administered) x ORDER ESTABLISHING DEADLINE FOR FILING PROOFS OF CLAIM AND APPROVING THE FORM AND MANNER OF NOTICE THEREOF Upon the application (the Application ) of the debtors and debtors in possession (collectively, the Debtors ) in the above- captioned cases (the Chapter 11 Cases ) for an order, pursuant to sections 105, 501 and 502(b)(9) of title 11 of the United States Code (the Bankruptcy Code ), Rules 2002 and 3003(c)(3) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), Rule of the Local Bankruptcy Rules for the Southern District of New York, and General Order M-453 Procedural Guidelines for Filing Requests for Orders to Set the Last Date for Filing Proofs of Claim, dated June 28, 2013, as updated on December 1, 2015 (i) establishing the deadlines (each, a Bar Date ) for filing proof of certain claims against the Debtors that arose prior to the commencement of these Cases and related claims procedures, and (ii) approving the form and manner of notice of the Bar Dates; and it appearing that sufficient notice has been given; and no other notice being necessary; and it appearing that the requested relief in the Application is in the best interests of the Debtors and their estates, creditors and other parties in interest; and after due deliberation and sufficient cause appearing therefor, it is hereby 1 The last four numbers of each Debtor s taxpayer identification number are BICOM NY, LLC (9990); ISCOM NY, LLC (1589); and Bay Ridge Automotive Company, LLC (0694). The Debtors addresses are th Ave, New York, NY 10019; 1 York Street, New York, NY 10013; and th Street, Brooklyn, NY 11228, respectively. 1

2 mew Doc 303 Filed 10/19/17 Entered 10/19/17 13:17:41 Main Document Pg 2 of 7 ORDERED, that except as otherwise provided herein, all persons and entities, (including, without limitation, individuals, partnerships, corporations, joint ventures and trusts, but excluding governmental units) that assert a claim, as defined in Section 101(5) of the Bankruptcy Code, against the Debtors that arose prior to July 10, 2017 (the Petition Date ), (whether such claims are secured, unsecured, or priority), must file a Proof of Claim Form (as defined below) in the manner provided for herein so that it is actually received on or before 5:00 p.m. (Prevailing Mountain Time) on November 30, 2017 (the General Bar Date ); and it is further ORDERED, that governmental units (as that term is defined in the Bankruptcy Code) that assert a claim against the Debtors that arose before the Petition Date must file a Proof of Claim in the manner provided for herein so that it is actually received on or before 5:00 p.m. (Prevailing Mountain Time) on January 8, 2018 (the Governmental Bar Date ); and it is further ORDERED, that pursuant to Bankruptcy Rule 3003(c)(2), all holders of claims that fail to comply with this Order by timely filing a Proof of Claim in appropriate form shall not be treated as a creditor with respect to such claim for the purposes of voting and distribution; and it is further ORDERED, that the following procedures for the filing of Proofs of Claim shall apply: (a) Proofs of claim must conform substantially to Official Bankruptcy Form No. 410; (b) Proofs of claim shall be delivered to JND Corporate Restructuring ( JND ) in the manner set forth below so as to be actually received by JND on or prior to the applicable Bar Date; 2

3 mew Doc 303 Filed 10/19/17 Entered 10/19/17 13:17:41 Main Document Pg 3 of 7 (c) Proofs of Claim must (i) be signed; (ii) include supporting documentation (if voluminous, attach a summary) or an explanation as to why documentation is not available; (iii) be in the English language; and, (iv) be denominated in United States currency; (d) Proofs of Claim must specify by name and case number the Debtor against which the claim is filed; and (e) if the holder asserts a claim against more than one Debtor or has claims against different Debtors, a separate proof of claim form must be filed with respect to each Debtor; and it is further ORDERED that a Proof of Claim shall be deemed timely filed only if the original Proof of Claim is actually received by JND on or before the applicable Bar Date in one of the following ways: (i) by mail, courier, hand delivery, or overnight delivery at the following address: BICOM NY, LLC, et al. Claims Processing c/o JND Corporate Restructuring 8269 E. 23rd Avenue, Suite 275 Denver, CO (ii) by hand delivery to: The United States Bankruptcy Court Southern District of New York 1 Bowling Green, New York, NY (iii) electronically using the interface available on the website maintained by JND in and it is further this case ( 3

4 mew Doc 303 Filed 10/19/17 Entered 10/19/17 13:17:41 Main Document Pg 4 of 7 ORDERED that if a claimant delivers a proof of claim to JND by first class mail, courier service, or hand delivery and wishes to receive acknowledgment of JND s receipt of such proof of claim, the claimant also must submit to JND by the applicable Bar Date, and concurrently with submitting its original Proof of Claim, (i) a copy of the original Proof of Claim, and (ii) a self-addressed, stamped return envelope; and it is further ORDERED, that Proofs of Claim need not be filed as to the following types of claims: (a) Any claim as to which the holder has already filed a proof of claim against the Debtors in the above-captioned case in a form substantially similar to Official Bankruptcy Form No. 410 (so long as the claimant does not wish to assert such claim against a Debtor who was not named in the original claim, in which case another Proof of Claim must be filed); (b) Any claim that is listed on the Schedules filed by the Debtors, provided that (i) the claim is not scheduled as disputed, contingent or unliquidated ; and (ii) the claimant does not disagree with the amount, nature and priority of the claim as set forth in the Schedules; and (iii) the claimant does not dispute that the claim is an obligation of the specific Debtor against which the claim is listed in the Schedules; (c) (d) (e) (f) (g) Any claim that heretofore has been allowed by Order of this Court; Any claim that has been paid in full by any of the Debtors; Any claim for which different deadlines have previously been fixed by this Court; Any claim by one Debtor against another Debtor; Any claim by a non-debtor subsidiary of the Debtors against a Debtor; and 4

5 mew Doc 303 Filed 10/19/17 Entered 10/19/17 13:17:41 Main Document Pg 5 of 7 (h) Any claim allowable under 503(b) and 507(a) (2) of the Bankruptcy Code as an expense of administration, with the exception of claims under section 503(b)(9) of the Bankruptcy Code, which must be filed by the applicable Bar Date; and it is further ORDERED, that any claim that arises from the rejection of an executory contract or unexpired lease, as to which the order authorizing such rejection is dated on or before the date of entry of this Order, must be asserted in a Proof of Claim on or before the General Bar Date, unless the order authorizing such rejection fixes an earlier date; and it is further ORDERED, that any claim that arises from the rejection of an executory contract or unexpired lease, as to which an order authorizing such rejection is dated after the date of entry of this Order, must be asserted in a Proof of Claim on or before such date as the Court may fix in the applicable order authorizing such rejection; and it is further ORDERED, that holders of equity security interests in the Debtors need not file proofs of interest with respect to the ownership of such equity interests, provided, however, that if any such holder asserts a claim against the Debtors (including a claim relating to an equity interest or the purchase or sale of such equity interest), a proof of such claim must be filed on or prior to the Bar Date pursuant to the procedures set forth in this Order; and it is further ORDERED, that if the Debtors amend or supplement the Schedules subsequent to the date hereof, the Debtors shall give notice of any amendment or supplement to the holders of claims affected thereby, and such holders shall be afforded thirty (30) days from the date of such notice to file proofs of claim in respect of their claims and shall be given notice of such deadline; and it is further 5

6 mew Doc 303 Filed 10/19/17 Entered 10/19/17 13:17:41 Main Document Pg 6 of 7 ORDERED, that nothing in this Order shall prejudice the right of the Debtors or any other party in interest to dispute or assert offsets or defenses to any claim reflected in the Schedules; and it is further ORDERED, that the form of proof of claim form (the Proof of Claim Form ), annexed hereto as Exhibit 1 and substantially in the form of Official Form No. 410, and the form of notice of the Bar Date (the Bar Date Notice ), annexed hereto as Exhibit 2, are approved in all respects pursuant to Bankruptcy Rules 2002(a)(7) and 2002(1) and Local Bankruptcy Rule ; and the Debtors are authorized to serve the Bar Date Notice and the Proof of Claim Form (collectively, the Bar Date Notice Materials ) in the manner described below; and it is further ORDERED, that the Bar Date Materials shall be served by first-class mail on or before October 25, 2017 on: (a) (b) (c) The United States Trustee; Counsel to each official committee; All persons or entities that have requested notice of the proceedings in the Chapter 11 cases; (d) (e) All persons or entities that have filed proofs of claim; All creditors and other known holders of claims as of the date of this Order, including all persons or entities listed in the Schedules as holding claims; (f) (g) (h) All parties to executory contracts and unexpired leases of the Debtors; All parties to litigation with the Debtors; The Internal Revenue Service for the district in which the case is pending and, if required by Bankruptcy Rule 2002(j), the Securities and Exchange Commission 6

7 mew Doc 303 Filed 10/19/17 Entered 10/19/17 13:17:41 Main Document Pg 7 of 7 and any other required governmental units (a list of such agencies is available from the Office of the Clerk of the Court); and (i) Such additional persons and entities as deemed appropriate by the Debtors; and it is further ORDERED, that with regard to claims listed on the Schedules, the Debtors shall mail to the holders of such claims one or more individualized Proof of Claim Forms (as appropriate) substantially similar to the Proof of Claim Form, and shall include on each individualized Proof of Claim Form, to the extent practicable, the amount and type of the creditor's claim as scheduled by the Debtors, the specific Debtor against which such claim is scheduled and whether such claim is scheduled as disputed, contingent or unliquidated; and it is further ORDERED that the Debtors and JND are authorized and empowered to take such steps, pay such sums and perform such acts as may be necessary to implement and effectuate the terms of this Order; and it is further ORDERED that Entry of this Order is without prejudice to the right of the Debtors to seek a further order of this Court fixing a date by which holders of claims against and interests in the Debtors not subject to the applicable Bar Date established herein must file proofs of such claims or interests or be barred from doing so; and it is further ORDERED that this Court shall retain jurisdiction with respect to all matters arising from or relating to this Order. Dated: October 19, 2017 New York, New York s/michael E. Wiles HONORABLE MICHAEL E. WILES UNITED STATES BANKRUPTCY JUDGE 7

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11 mew Doc Filed 10/19/17 Entered 10/19/17 13:17:41 Exhibit 2 Pg 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK x In re: : : Chapter 11 BICOM NY, LLC, et al., 1 : : Case No (MEW) Debtors. : : (Jointly Administered) x NOTICE OF (I) DEADLINE REQUIRING FILING OF PROOFS OF CLAIM OF CREDITORS ON OR BEFORE NOVEMBER 30, 2017 AND (II) DEADLINE OF JANUARY 8, 2018 FOR FILING PROOFS OF CLAIM OF GOVERNMENTAL UNITS TO ALL CREDITORS OF THE DEBTORS AND DEBTORS IN POSSESSION LISTED BELOW: PLEASE TAKE NOTICE THAT: On July 10, 2017 (the Petition Date ), the debtors and debtors in possession listed below (collectively, the Debtors ) each filed a voluntary petition for relief under Chapter 11 of title 11 of the United States Code (the Bankruptcy Code ) in the United States Bankruptcy Court for the Southern District of New York (the Court ). Set forth below are the names under which each Debtor has conducted business, its tax identification number, and its respective case number: Debtor Tax ID Case No. BICOM NY, LLC d/b/a Jaguar Land Rover of Manhattan ISCOM NY, LLC d/b/a Maserati of Manhattan Bay Ridge Automotive Company, LLC d/b/a Bay Ridge Ford The Bankruptcy Court has entered an Order (the Bar Date Order ) establishing November 30, 2017 at 5:00p.m. (Prevailing Mountain Time) (the Bar Date ) as the last date for each person or non-governmental entity (including individuals, partnerships, corporations, joint ventures, estates and trusts), except for those holders of claims listed in Section 4 below, to file a proof of claim in respect of any claim against any of the Debtors listed above arising on or before the Petition Date. 1 The last four numbers of each Debtor s taxpayer identification number are BICOM NY, LLC (9990); ISCOM NY, LLC (1589); and Bay Ridge Automotive Company, LLC (0694). The Debtors addresses are th Ave, New York, NY 10019; 1 York Street, New York, NY 10013; and th Street, Brooklyn, NY 11228, respectively. 1

12 mew Doc Filed 10/19/17 Entered 10/19/17 13:17:41 Exhibit 2 Pg 2 of 6 The Bar Date Order further establishes January 8, 2018 at 5:00 p.m. (Prevailing Mountain Time) (the Governmental Bar Date and, together with the General Bar Date, the Bar Dates ) as the last date for a governmental unit (as defined in section 101(27) of the Bankruptcy Code) to file a proof in respect of any claim against any of the Debtors listed above arising on or before the Petition Date. The Bar Dates and the procedures set forth below for filing proofs of claim apply to all claims against the Debtors that arose prior to the Petition Date, except for those claims listed in Section 4 below that are specifically excluded from the Bar Date filing requirement. 1. WHO MUST FILE A PROOF OF CLAIM You MUST file a proof of claim to vote on any chapter 11 plan filed by the Debtors or to share in distributions from the Debtors' bankruptcy estates if you have a claim against one or more of the Debtors that is not one of the types of claims described in Section 4 below. A proof of claim for any claim based on acts or omissions of the Debtors that occurred before the Petition Date must be filed on or prior to the applicable Bar Date, even if such claim is not now fixed, liquidated or certain or did not mature or become fixed, liquidated or certain before the Petition Date. Under section 101(5) of the Bankruptcy Code and as used in this notice, the word "claim" means: (a) a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (b) a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured. 2. WHAT TO FILE The Debtors are enclosing a proof of claim form for use in these cases that conforms substantially to Official Form No If your claim is scheduled by the Debtors, the proof of claim form sets forth the amount and type of your claim as scheduled by the Debtors, the specific Debtor against which the claim is scheduled, and whether the claim is scheduled as disputed, contingent and/or unliquidated. You may receive a different proof of claim form for each claim scheduled in your name by each of the Debtors. You may utilize the proof of claim form provided by the Debtors to file your claim. Additional proof of claim forms may be obtained at or on the Debtors case website at All filed proofs of claim must conform substantially to the proof of claim form accompanying this notice or Official Form No If you disagree with any of the information set forth on the enclosed proof of claim, including, without limitation, the amount or type of the claim set forth therein or the Debtor against which such claim is asserted, or that such claim is scheduled as contingent, disputed or unliquidated, you are required to file a proof of claim identifying each Debtor against which you are asserting a claim and the amount and type of such claim. 2

13 mew Doc Filed 10/19/17 Entered 10/19/17 13:17:41 Exhibit 2 Pg 3 of 6 All proof of claim forms must be signed by the claimant or, if the claimant is not an individual, by an authorized agent of the claimant. A proof of claim must be written in English and be denominated in United States currency. You should attach to your completed proof of claim any documents on which the claim is based (if voluminous, attach a summary) or an explanation as to why the documents are not available. Your proof of claim form must not contain complete social security numbers or taxpayer identification numbers (only the last four digits), a complete birth date (only the year), the name of a minor (only the minor's initials) or a financial account number (only the last four digits of such financial account). Any holder of a claim against more than one Debtor must file a separate proof of claim with respect to each such Debtor, and all holders of claims must identify on their respective proof(s) of claim the specific Debtor against which their claim is asserted and the case number of that Debtor's bankruptcy case. A list of the names of the Debtors and their case numbers is set forth above. 3. WHEN AND WHERE TO FILE Except as provided for herein: all persons or entities other than governmental units that assert a claim must file proof of such claim so as to be received on or before 5:00 p.m. (Prevailing Mountain Time) on November 30, 2017; and governmental units asserting claims must file proofs of such claim so as to be received on or before 5:00 p.m. (Prevailing Mountain Time) on January 8, Each proof of claim must be completed, signed and filed either electronically using the interface available on JND Corporate Restructuring s ( JND ) website at or by submitting the original proof of claim form either in person, by first class mail, by courier service, or by hand delivery to the following address: BICOM NY, LLC, et al. Claims Processing c/o JND Corporate Restructuring 8269 E. 23rd Avenue, Suite 275 Denver, CO 80238, or by hand delivery to the following address: The United States Bankruptcy Court, Southern District of New York 1 Bowling Green, New York, NY

14 mew Doc Filed 10/19/17 Entered 10/19/17 13:17:41 Exhibit 2 Pg 4 of 6 Proofs of claim will be deemed filed only when received at the addresses listed above or filed electronically at the website above on or before the Bar Date. Proofs of claim may not be delivered by facsimile, telecopy or electronic mail transmission. If you submit a proof of claim to JND by first class mail, courier service, or hand delivery and you wish to receive acknowledgment of JND s receipt of such proof of claim, you also must submit to JND by the applicable Bar Date and concurrently with the submission of your original proof of claim (i) a copy of the original proof of claim and (ii) a self-addressed, stamped return envelope. 4. WHO NEEDS NOT FILE A PROOF OF CLAIM You do not need to file a proof of claim on behalf of a claim on or prior to the applicable Bar Date if the claim falls into one of the following categories: (a) (b) (c) (d) (e) (f) (g) Any claim that has already been asserted in a proof of claim against the Debtors (unless you wish to assert the claim against a Debtor not mentioned in the prior proof of claim, in which case an additional proof of claim must be filed); Any claim that is listed on the Schedules filed by the Debtors, provided that (i) the claim is not scheduled as disputed, contingent or unliquidated ; and (ii) the claimant does not disagree with the amount, nature and priority of the claim as set forth in the Schedules; and (iii) the claimant does not dispute that the claim is an obligation of the specific Debtor against which the claim is listed in the Schedules; Any claim that heretofore has been allowed by Order of this Court; Any claim that has been paid in full by any of the Debtors; Any claim for which different deadlines have previously been fixed by this Court; Any claim by one Debtor against another Debtor, or by any of the nondebtor subsidiaries of the Debtors against any of the Debtors; and Any claim allowable under 503(b) and 507(a) (2) of the Bankruptcy Code as an expense of administration, provided, however, that claims under section 503(b)(9) of the Bankruptcy Code must be filed by the applicable Bar Date. This notice is being sent to persons and entities that have had some relationship with or done business with the Debtors, but which may not have an unpaid claim against a Debtor. The fact that you have received this Notice does not necessarily mean that you have a claim against a Debtor. 4

15 mew Doc Filed 10/19/17 Entered 10/19/17 13:17:41 Exhibit 2 Pg 5 of 6 5. EXECUTORY CONTRACTS AND UNEXPIRED LEASES Any person or entity that holds a claim that arises from the rejection of an executory contract or unexpired lease, as to which the order authorizing such rejection is dated on or before the date of entry of this Order, must file a proof of claim that is based on such rejection on or before the General Bar Date, unless the order authorizing such rejection fixes an earlier date. Any person or entity that holds a claim that arises from the rejection of an executory contract or unexpired lease, as to which an order authorizing such rejection is dated after the date of entry of this Order, must file a proof of claim that is based on such rejection on or before such date as the Court may fix in the applicable order authorizing such rejection. 6. CONSEQUENCES OF FAILURE TO FILE A PROOF OF CLAIM BY THE APPLICABLE BAR DATE ANY HOLDER OF A CLAIM THAT IS NOT EXEMPTED BY ONE OR MORE PROVISIONS OF SECTION 4 ABOVE, AND WHO FAILS TO TIMELY FILE A PROOF OF CLAIM IN THE APPROPRIATE FORM AND MANNER SHALL NOT BE TREATED AS A CREDITOR WITH RESPECT TO SUCH CLAIM FOR THE PURPOSES OF VOTING ON ANY PLAN OF REORGANIZATION OR LIQUIDATION FILED IN THESE CASES AND PARTICIPATING IN ANY DISTRIBUTION IN THE DEBTORS' CASES ON ACCOUNT OF SUCH CLAIM. 7. THE DEBTORS SCHEDULES AND ACCESS THERETO You may be listed as the holder of a claim against one or more of the Debtors on the Schedules. To determine if and how you are listed on the Schedules, please refer to the descriptions set forth on the enclosed proof of claim form regarding the amount, type (i.e., secured, priority unsecured or non-priority unsecured) and nature (i.e., contingent, disputed, or unliquidated) of your claim. If the Debtors believe that you hold claims against more than one Debtor, you will receive multiple proof of claim forms, each of which will reflect the amount, type and nature of your claim against one Debtor, as listed in the Schedules. If you rely on the Schedules, it is your responsibility to determine that your claim is accurately listed on the Schedules; however, you may rely on the enclosed form, which lists your claim as scheduled, identifies the Debtor against which it is scheduled, and specifies whether the claim is disputed, contingent or unliquidated. If (a) you agree with the amount and type of your claim as listed in the Schedules, (b) you do not dispute that your claim is only against the Debtor specified by the Debtors in the Schedules, and (c) your claim is not described as disputed, contingent, or unliquidated, you need not file a proof of claim. Otherwise, if you decide to file a proof of claim, you must do so before the applicable Bar Date in accordance with the procedures set forth in this Notice. Copies of the Debtors Schedules are available for inspection free of charge at Copies of the Debtors Schedules are also available on the Court's Public Access to Court Electronic Records ( PACER ) at

16 mew Doc Filed 10/19/17 Entered 10/19/17 13:17:41 Exhibit 2 Pg 6 of 6 a login and password are required to access this information and can be obtained through the PACER Service Center at Copies of the Schedules and Bar Date Order may also be examined between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday at the Office of the Clerk of the Bankruptcy Court, One Bowling Green, Room 534, New York, New York Copies of the Schedules and Bar Date Order may also be obtained by written request (at your cost) to the Debtors claims and noticing agent at the following address: BICOM NY, LLC, et al. Claims Processing c/o JND Corporate Restructuring 8269 E. 23rd Avenue, Suite 275 Denver, CO Questions concerning the contents of this Notice and requests for copies of filed proofs of claim should be directed to JND Corporate Restructuring at (855) Please note that neither JND s staff, counsel to the Debtors, nor the Clerk's Office are permitted to give you legal advice. A holder of a potential claim against the Debtors should consult an attorney regarding any matters not covered by this Notice, such as whether the holder should file a proof of claim. Dated: New York, New York October [*], 2017 BY ORDER OF THE COURT Wilk Auslander, LLP 1515 Broadway, 43 rd Floor New York, New York Telephone: (212) Counsel for the Debtors and Debtors in Possession Questions concerning the contents of this Notice and requests for additional Proof of Claim forms should be directed to JND via phone at (855) or at BICOMinfo@JNDLA.com.