MOTION OF BARCO, INC. FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. 503(b)(9)

Transcription

1 Pg 1 of 11 Michael D. Hamersky Griffin Hamersky LLP 420 Lexington Avenue, Suite 400 New York, NY Telephone: (646) Facsimile: (646) and Sabrina L. Streusand Streusand, Landon & Ozburn, LLP 811 Barton Springs Road, Suite 811 Austin, Texas Telephone: (512) Facsimile: (512) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK Hearing Date & Time: October 26, 2017 at 11:00 A.M. (New York Time) Objection Deadline: October 19, 2016 at 4:00 P.M. (New York Time) In re: WESTINGHOUSE ELECTRIC COMPANY LLC, et al., Debtors. Chapter 11 Case No mew (Jointly Administered) MOTION OF BARCO, INC. FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. 503(b)(9) Barco, Inc. ( Barco ), by its counsel, respectfully submits this Motion for Allowance and Payment of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(9) (the Motion ) and requests entry of an order pursuant to 11 U.S.C. 503(b)(9) directing the allowance and payment of Barco s administrative expense claim in the amount of $87, In support of the relief requested, Barco states the following: {01435/0001/ }

2 Pg 2 of 11 I. JURISDICTION 1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and Venue is proper pursuant to 28 U.S.C and The statutory basis for the relief requested includes 11 U.S.C. 503 and Federal Rules of Bankruptcy Procedure This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). II. BACKGROUND 4. On March 29, 2017 (the Petition Date ), Westinghouse Electric Company LLC and related entities (the Debtors ) filed voluntary petitions for relief under Chapter 11 of Title 11 of the United States Code (the Bankruptcy Code ). Debtors continue to operate their businesses as debtors-in-possession pursuant to 1107(a) and 1108 of the Bankruptcy Code. 5. Prior to the Petition Date, Barco supplied Debtors with electronics and other related equipment ( Products ) for use in Debtors ordinary course of business. In the 20 days preceding the Petition Date, Barco sold and delivered Products valued at $87, to Debtors in the ordinary course of business. A true and correct copy of the proof of claim evidencing such sales and deliveries is attached as Exhibit Barco has not received payment for the $87, in Products delivered to Debtor during the 20 day period preceding the Petition Date. III. RELIEF REQUESTED 7. By this Motion, Barco seeks allowance and payment of $87, as an administrative expense pursuant to 503(b)(9) of the Bankruptcy Code for Products delivered to Debtors in the ordinary course of business during the 20 days preceding the Petition Date. 2

3 Pg 3 of The Products delivered by Barco to Debtors during the 20 days preceding the Petition Date were delivered to Debtors in the ordinary course of Debtors business. 9. The value of the Products delivered by Barco to Debtors during the 20 days preceding the Petition Date is established by the agreed price for such Products, as set forth in the invoice and delivery slip attached to the proof of claim in Exhibit 1 to this Motion. 10. Barco is therefore entitled, pursuant to 503(b)(9) of the Bankruptcy Code, to an administrative expense claim in the amount of $87, on account of the Products being delivered by Barco to Debtors in the 20 days preceding the Petition Date. IV. RESERVATION OF RIGHTS 11. Barco holds other claims against Debtors, including claims for Products delivered to Debtors prior to the 20 days immediately preceding the Petition Date. Barco specifically reserves those claims and all other rights with respect to those claims. Dated: September 7, 2017 Respectfully submitted: By: /s/ Michael Hamersky GRIFFIN HAMERSKY LLP Michael D. Hamersky 420 Lexington Avenue, Suite 400 New York, NY Telephone: (646) Facsimile: (646) mhamersky@grifflegal.com and STREUSAND, LANDON & OZBURN, LLP Sabrina L. Streusand 811 Barton Springs Rd., Suite 811 Austin, Texas Telephone: (512) Facsimile (512) Fax streusand@slollp.com ATTORNEYS FOR BARCO, INC. 3

4 Pg 4 of 11 CERTIFICATE OF SERVICE The undersigned hereby certified that a true and correct copy of the foregoing instrument has been served on September 7, 2017 upon all parties listed below and all parties requesting service via ECF notification: Garret A. Fail Gary Holtzer Robert J. Lemons Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY Albert Togut Togut, Segal & Segal LLP One Penn Plaza, Suite 3335 New York, NY United States Trustee U.S. Federal Office Building 201 Varick Street, Room 1006 New York, NY /s/ Michael D. Hamersky Michael D. Hamersky 4

5 Pg 5 of 11 EXHIBIT 1

6 Pg 6 of 11 Exhibit 1

7 Pg 7 of 11 Exhibit 1

8 Pg 8 of 11 Exhibit 1

9 Pg 9 of 11 Exhibit 1

10 Pg 10 of 11 Exhibit 1

11 Pg 11 of 11 Exhibit 1

12 mew Doc Filed 09/07/17 Entered 09/07/17 15:49:26 Pleading Proposed Order Pg 1 of 2 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: WESTINGHOUSE ELECTRIC COMPANY LLC, et al., Debtors. Chapter 11 Case No mew (Jointly Administered) ORDER GRANTING MOTION OF BARCO, INC. FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. 503(b)(9) This matter is before the Court on the Motion of Barco, Inc. For Allowance And Payment Of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(9) [Docket No. ] (the Motion ) filed by Barco, Inc. ( Barco ). The Court now finds that sufficient notice of the Motion having been provided under the particular circumstances, and it appearing that no other or further notice need be provided; and the Court having determined the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED THAT: 1. The relief requested in the Motion is GRANTED. 2. Barco is allowed an administrative expense claim in the bankruptcy case of debtor Westinghouse Electric Company LLC, et al. (the Debtors ) in the amount of $87, Debtor is directed to pay the allowed administrative expense claim in the amount of $87, within twenty (20) days of the date of this Order. 4. This Court shall retain jurisdiction with respect to all matters arising from or related to the implementation or interpretation of this Order. {01435/0001/ }

13 mew Doc Filed 09/07/17 Entered 09/07/17 15:49:26 Pleading Proposed Order Pg 2 of 2 Dated:, 2017 UNITED STATES BANKRUPTCY JUDGE 2

14 mew Doc Filed 09/07/17 Entered 09/07/17 15:49:26 Pleading Notice of Hearing Pg 1 of 3 Hearing Date & Time: October 26, 2017 at 11:00 A.M. (New York Time) Objection Deadline: October 19, 2016 at 4:00 P.M. (New York Time) Michael D. Hamersky Griffin Hamersky LLP 420 Lexington Avenue, Suite 400 New York, NY Telephone: (646) Facsimile: (646) and Sabrina L. Streusand Streusand, Landon & Ozburn, LLP 811 Barton Springs Road, Suite 811 Austin, Texas Telephone: (512) Facsimile: (512) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: WESTINGHOUSE ELECTRIC COMPANY LLC, et al., Debtors. Chapter 11 Case No mew (Jointly Administered) NOTICE OF HEARING TO CONSIDER MOTION OF BARCO, INC. FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. 503(b)(9) PLEASE TAKE NOTICE that a hearing will be held before the Honorable Michael E. Wiles, United States Bankruptcy Judge, on October 26, 2017 at 11:00 a.m. (New York Time) (the Hearing ) in Room 617 of the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court ), One Bowling Green, New York, New York , to consider the annexed Motion of Barco, Inc. for Allowance and Payment of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(9) (the Motion ).

15 mew Doc Filed 09/07/17 Entered 09/07/17 15:49:26 Pleading Notice of Hearing Pg 2 of 3 PLEASE TAKE FURTHER NOTICE that responses or objections (the Objections ), if any, to the Motion must be made in writing, shall conform to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules, and shall be filed with the Bankruptcy Court (a) by attorneys practicing in the Bankruptcy Court, including attorneys admitted pro hac vice, electronically in accordance with General Order M-399 (which can be found at and (b) by all other parties in interest, on a CD-ROM in textsearchable portable document format (PDF) (with a hard copy delivered directly to the chambers of the Honorable Michael E. Wiles) in accordance with the customary practices of the Bankruptcy Court and General Order M-399, to the extent applicable, and served in accordance with General Order M-399 and in accordance with the Order Pursuant to 11 U.S.C. Section 105(a) and Fed. R. Bankr. P. 1015(c), 2002(m), and 9007 Implementing Certain Notice and Case Management Procedures [Docket No. 101], so as to be actually received no later than 4:00 p.m. (New York Time) on October 19, 2017 (New York Time) (the Objection Deadline ). [concluded on the following page] 2

16 mew Doc Filed 09/07/17 Entered 09/07/17 15:49:26 Pleading Notice of Hearing Pg 3 of 3 PLEASE TAKE FURTHER NOTICE that if no Objections are timely filed and served with respect to the Motion, the relief requested therein may be granted, and an order substantially in the form of the proposed order annexed to the Motion may be entered with no further notice or opportunity to be heard. Dated: New York, New York September 7, 2017 Respectfully submitted: By: /s/ Michael Hamersky GRIFFIN HAMERSKY LLP Michael D. Hamersky 420 Lexington Avenue, Suite 400 New York, NY Telephone: (646) Facsimile: (646) mhamersky@grifflegal.com and STREUSAND, LANDON & OZBURN, LLP Sabrina L. Streusand 811 Barton Springs Rd., Suite 811 Austin, Texas Telephone: (512) Facsimile (512) Fax streusand@slollp.com ATTORNEYS FOR BARCO, INC. 3