Case Doc 95 Filed 08/15/14 Page 1 of 4. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (at Greenbelt)

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1 Case Doc 95 Filed 08/15/14 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (at Greenbelt) IN RE: * WESTERN MARYLAND. * Case No PM LUMBER INC. (Chapter 11) Debtor * ***************************************************************************** IN RE: * WESTERN MARYLAND * Case No PM TRANSPORT, INC. (Chapter 11) Debtor * Jointly Administered under * Case No.: PM ***************************************************************************** MOTION FOR ALLOWANCE AND REQUEST FOR PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. 503(b)(9) NOW comes Guttman Oil Company (hereinafter Movant ), by and through its attorneys, Weinstock, Friedman and Friedman, P.A., and files this Motion for Allowance and Request for Payment of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(9) (hereinafter Motion ), and respectfully represents as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). 503(b)(9). 2. The venue is proper pursuant to 28 U.S.C and The statutory bases for the relief requested herein are 11 U.S.C. 105(a) and

2 Case Doc 95 Filed 08/15/14 Page 2 of 4 BACKGROUND 4. On June 6, 2014, the above-captioned Debtors, Western Maryland Lumber, Inc. and Western Maryland Transport, Inc. (hereinafter collectively Debtors ), filed Voluntary Petitions for relief under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. 101 et. Seq. (hereinafter Filing Date ). 5. On June 16, 2014, the Court entered an Amended Order providing for the joint administration of the Debtors cases under case number PM (the Lead Case ). 6. The Debtors continue to operate as debtors-in-possession pursuant to sections 1107 and 1108 of the Bankruptcy Code. 7. Movant is a party-in-interest under the Bankruptcy Code as it is an unsecured creditor of Debtor, Western Maryland Transport, Inc. (hereinafter Western Maryland Transport ). 8. On August 1, 2014, a proof of claim was filed on behalf of Movant at Claim Number 13, evidencing an unsecured prepetition, priority claim in the total amount of $26, (hereinafter Proof of Claim ). 9. A true and correct copy of Movant s Proof of Claim is attached hereto as Exhibit As set forth herein, Movant asserts that it is entitled to allowance and immediate payment of its Proof of Claim as an administrative claim pursuant to 11 U.S.C. 503(b)(9). REQUESTED RELIEF 11. Section 503(b)(9) of the Bankruptcy Code provides that [a]fter notice and hearing, there shall be allowed, administrative expenses including (9) the value of any goods received by the debtor within (20) days before the date of commencement of a case under this title in which the

3 Case Doc 95 Filed 08/15/14 Page 3 of 4 goods have been sold to the debtor in the ordinary course of such debtor s business. 11 U.S.C. 503(b)(9). 12. On May 30, 2014, seven (7) days prior to the Filing by said Debtor, Movant delivered a shipment of diesel fuel to the Debtor, Western Maryland Transport, in the total amount of $26, The diesel fuel provided by Movant to the Debtor was for use in the Debtor s ordinary course of business and qualifies as goods pursuant to section 503(b)(9), as the fuel was an actual and necessary cost of preserving the Debtor s bankruptcy estate in that the Debtor used the fuel provided by Movant to facilitate transportation of its product. 14. Pursuant to Section 503(b)(9) of the Bankruptcy Code, Movant is entitled to an administrative expense claim in the amount of $26, for the goods provided to the Debtor, Western Maryland Transport, within the 20-day period immediately prior to the commencement of this case. 15. Documentation evidencing the fuel was delivered on May 30, 2014 is attached to Movant s Proof of Claim. (See Exhibit 1) 16. By reason of the foregoing, Movant requests allowance and immediate payment of its administrative expense claim in the total amount of $26, WHEREFORE, Movant, Guttman Oil Company, respectfully requests that this Honorable Court enter an Order allowing and directing payment of an administrative expense claim in the total amount of $26,913.75; and, for such other and further relief as may be just and proper.

4 Case Doc 95 Filed 08/15/14 Page 4 of 4 DATED: August 15, 2014 Respectfully submitted, WEINSTOCK, FRIEDMAN & FRIEDMAN, P.A. /s/shannon B. Kreshtool Shannon B. Kreshtool MD Federal Bar # Reservoir Circle Baltimore, MD (410) sbk@weinstocklegal.com /s/richard I. Hutson Richard I. Hutson MD Federal Bar # Reservoir Circle Baltimore, MD (410) Attorneys for Creditor, Guttman Oil Company

5 Case Doc 95-1 Filed 08/15/14 Page 1 of 7 Exhibit 1 Proof of Claim Number 13

6 Case Doc Claim Filed 08/01/14 08/15/14 Page 12 of 27 B10 (Official Form 10) (04/13) UNITED STATES BANKRUPTCY COURT District of Maryland Name of Debtor: Western Maryland Transport, Inc. Case Number: NOTE: Do not use this form to make a claim for an administrative expense that arises after the bankruptcy filing. You may file a request for payment of an administrative expense according to 11 U.S.C Name of Creditor (the person or other entity to whom the debtor owes money or property): Guttman Oil Company Name and address where notices should be sent: Guttman Oil Company Jodi L. Hause, Esquire Bernstein Burkley, P.C. 707 Grant St., Suite 2200 Gulf Tower Pittsburgh, PA Telephone number: (412) jhause@bernsteinlaw.com Name and address where payment should be sent (if different from above): PROOF OF CLAIM FILED U.S. Bankruptcy Court District of Maryland 8/1/2014 Mark A. Neal, Clerk COURT USE ONLY Check this box if this claim amends a previously filed claim. Court Claim Number: Check this box if you are aware that anyone else has filed a proof of claim relating to this claim. Attach copy of statement giving particulars. (If known) Filed on: Telephone number: 1. Amount of Claim as of Date Case Filed: $ If all or part of the claim is secured, complete item 4. If all or part of the claim is entitled to priority, complete item 5. Check this box if the claim includes interest or other charges in addition to the principal amount of the claim. Attach a statement that itemizes interest or charges. 2. Basis for Claim: Goods provided (See instruction #2) 3. Last four digits of any number by which creditor identifies debtor: a. Debtor may have scheduled account as: (See instruction #3a) 3b. Uniform Claim Identifier (optional): (See instruction #3b) 4. Secured Claim (See instruction #4) Check the appropriate box if the claim is secured by a lien on property or a right of setoff, attach required redacted documents, and provide the requested information. Nature of property or right of setoff: Real Estate Motor Vehicle Other Describe: Value of Property: $ Annual Interest Rate (when case was filed) % Fixed or Variable Amount of arrearage and other charges, as of the time case was filed, included in secured claim, if any: $ Basis for perfection: Amount of Secured Claim: $ Amount Unsecured: $ Amount of Claim Entitled to Priority under 11 U.S.C. 507(a). If any part of the claim falls into one of the following categories, check the box specifying the priority and state the amount. Domestic support obligations under 11 Amount entitled to U.S.C. 507(a)(1)(A) or (a)(1)(b). priority: Up to $2,775* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use 11 U.S.C. 507(a)(7). Wages, salaries, or commissions (up to $12,475*) earned within 180 days before the case was filed or the debtor's business ceased, whichever is earlier 11 U.S.C. 507(a)(4). Taxes or penalties owed to governmental units 11 U.S.C. 507(a)(8). Contributions to an employee benefit plan 11 U.S.C. 507(a)(5). Other Specify applicable paragraph of 11 U.S.C. 507(a)( ). *Amounts are subject to adjustment on 4/1/16 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment. 6. Credits. The amount of all payments on this claim has been credited for the purpose of making this proof of claim. (See instruction #6) $

7 Case Doc Claim Filed 08/01/14 08/15/14 Page 23 of Documents: Attached are redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, security agreements, or, in the case of a claim based on an open end or revolving consumer credit agreement, a statement providing the information required by FRBP 3001(c)(3)(A). If the claim is secured, box 4 has been completed, and redacted copies of documents providing evidence of perfection of a security interest are attached. If the claim is secured by the debtor's principal residence, the Mortgage Proof of Claim Attachment is being filed with this claim. (See instruction #7, and the definition of "redacted".) DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING. If the documents are not available, please explain: SEE ATTACHED ADDENDUM 8. Signature: (See instruction #8) Check the appropriate box. I am the creditor. I am the creditor's authorized agent. (Attach copy of power of attorney, if any.) I am the trustee, or the debtor, or their authorized agent. (See Bankruptcy Rule 3004.) I am a guarantor, surety, indorser, or other codebtor. (See Bankruptcy Rule 3005.) I declare under penalty of perjury that the information provided in this claim is true and correct to the best of my knowledge, information, and reasonable belief. Print Name: /s/ Jodi L. Hause Title: Attorney for Claimant Company: Bernstein Burkley, P.C. Address and telephone number (if different from notice address above): s/ /s/ Jodi L. Hause 8/1/2014 (Signature) (Date) Telephone number: Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. 152 and 3571.

8 Case Case Claim Doc Part 2 Filed Filed 08/15/14 08/01/14 Page Page 4 of 17of 1 IN RE: IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Bankruptcy Case No.: PM WESTERN MARYLAND LUMBER, INC., Debtor IN RE: WESTERN MARYLAND TRANSPORT, INC., Debtor. Chapter Bankruptcy Case No.: PM Chapter 11 Jointly Administered Under Case No.: PM ADDENDUM TO PROOF OF CLAIM, INCLUDING ADMINISTRATIVE CLAIM PURSUANT TO 11 U.S.C. 503(b)(9), FILED BY GUTTMAN OIL COMPANY This claim is filed on behalf of Guttman Oil Company ( Claimant ), and arises from the failure of Western Maryland Transport, Inc. ( Debtor ) to pay certain invoices due and owing prior to June 6, 2014 ( Bankruptcy Filing Date ). As of the Bankruptcy Filing Date, Claimant is owed a total of $26, for pre-petition goods provided to Debtor on May 30, 2014 ( Claim ). Claimant asserts that the claim is entitled to priority as an administrative claim pursuant to 11 U.S.C. 503(b)(9), as it arises from goods received by the Debtor in the ordinary course of business within the twenty-day period immediately preceding the Bankruptcy Filing Date. Documentation setting in support of the Claim is attached hereto as Exhibit A. *Claimant reserves the right to amend, modify, supplement, or withdraw its claim. BERNSTEIN-BURKLEY, P.C. Date: August 1, 2014 By: /s/ Jodi L. Hause Jodi L. Hause, Esquire PA I.D. # jhause@bernsteinlaw.com Suite 2200 Gulf Tower Pittsburgh, PA Tel: (412) Fax: (412) Counsel for Claimant

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12 Case Doc 95-2 Filed 08/15/14 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (at Greenbelt) IN RE: * WESTERN MARYLAND. * Case No PM LUMBER INC. (Chapter 11) Debtor * ***************************************************************************** IN RE: * WESTERN MARYLAND * Case No PM TRANSPORT, INC. (Chapter 11) Debtor * Jointly Administered under * Case No.: PM ***************************************************************************** ORDER ALLOWING ADMINISTRATIVE CLAIM IN FAVOR OF OCTAGON TIRE HOLDINGS, LLC UPON CONSIDERATION of the Motion of Guttman Oil Company for Approval of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(9) (the Motion ), any opposition filed thereto, good cause having been shown, it is, by the United States Bankruptcy Court for the District of Maryland: ORDERED, that the Motion is GRANTED; and it is further ORDERED, that Guttman Oil Company shall have an allowed administrative 1

13 Case Doc 95-2 Filed 08/15/14 Page 2 of 3 expense claim in the amount of $26,913.75; and it is further ORDERED, that within ten (10) days of entry of this Order, the Debtors shall tender payment to Guttman Oil Company in the amount of $26, Copies to: Shannon B. Kreshtool, Esq. Richard I. Hutson, Esq. Weinstock, Friedman & Friedman, P.A. 4 Reservoir Circle Baltimore, Maryland Guttman Oil Company c/o Jodi L. Hause, Esq. Bernstein-Burkley PC Suite 220 Gulf Tower 707 Grant Street Pittsburgh, PA Office of the United States Trustee Lynn A. Kohen 6305 Ivy Lane Suite 600 Greenbelt, Maryland Jeffrey Schuyler Getty Geppert, McMullen, Paye & Getty, P.C. 21 Prospect Square Cumberland, Maryland Gary Leibowitz Cole Schotz Meisel Forman & Leonard 300 E. Lombard Street, Suite 2000 Baltimore, Maryland Stephen B. Gerald Whiteford Taylor & Preston 7 St. Paul Street, Suite 1400 Baltimore, MD

14 Case Doc 95-2 Filed 08/15/14 Page 3 of 3 Alex Sellke Ravich Meyer et al. 80 S. 8 th Street Suite 4545 Minneapolis, MN James M. Greenan, Esq. Steven L. Goldberg, Esq. McNamee, Hosea, Jernigan, Kim, Greenan & Lynch, P.A Ivy Lane, Ste. 200 Greenbelt, MD END OF ORDER 3

15 Case Doc 95-3 Filed 08/15/14 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (at Greenbelt) IN RE: * WESTERN MARYLAND. * Case No PM LUMBER INC. (Chapter 11) Debtor * ***************************************************************************** IN RE: * WESTERN MARYLAND * Case No PM TRANSPORT, INC. (Chapter 11) Debtor * Jointly Administered under * Case No.: PM ***************************************************************************** NOTICE OF MOTION FOR APPROVAL OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. 503(b)(9) NOTICE IS HEREBY GIVEN that on August 12, 2014, Guttman Oil Company filed a Motion for Approval of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(9) (the Motion ). By the Motion, Guttman Oil Company seeks an administrative claim in the amount of $26, The Motion is available for review at the offices of the Clerk, United States Bankruptcy Court for the District of Maryland, Federal Courthouse, 6500 Cherrywood Lane, Greenbelt, Maryland A copy of the Motion is also attached hereto. Any party objecting to the Motion is required to file such objection, with specific reasons therefore, with the Clerk of the United States Bankruptcy for the District of Maryland located at 6500 Cherrywood Lane, Greenbelt, Maryland 20770, within Twenty-One (21) days from the date of this Notice. A copy of any such objection should be served on:

16 Case Doc 95-3 Filed 08/15/14 Page 2 of 4 Shannon B. Kreshtool, Esq. Richard I. Hutson, Esq. Weinstock, Friedman & Friedman, P.A. 4 Reservoir Court Baltimore, MD Attorneys for the Movant Lynn a. Kohen, Assistant UST Office of the United States Trustee 6305 Ivy Lane, Ste. 600 Greenbelt, MD If any objection is filed, the court may act on any such objection at its discretion, with or without a hearing. If no objections are filed, the Court may approve the Motion without further notice. Dated: August 15, 2014 Respectfully submitted, WEINSTOCK, FRIEDMAN & FRIEDMAN, P.A. /s/shannon B. Kreshtool Shannon B. Kreshtool MD Federal Bar # Reservoir Circle Baltimore, MD (410) sbk@weinstocklegal.com /s/richard I. Hutson Richard I. Hutson MD Bar # Reservoir Circle Baltimore, MD (410) Attorneys for Creditor, Guttman Oil Company

17 Case Doc 95-3 Filed 08/15/14 Page 3 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 15 th day of August 2014, a copy of the foregoing Notice of Motion was served via first class mail, postage prepaid, and or electronic delivery through CM/ECF, upon the following: Office of the United States Trustee Lynn A. Kohen 6305 Ivy Lane, Ste. 600 Greenbelt, MD lynn.a.kohen@usdoj.gov Gary H. Leibowitz, Esq. Cole, Schotz, Meisel, Forman & Leonard 300 E. Lombard Street, Ste Baltimore, MD gleibowitz@coleschotz.com Jeffrey Schuler Getty Geppert, McMullen, Paye & Getty, P.C. 21 Prospect Square Cumberland, MD Stephen B. Gerald, Esq. Whiteford, Taylor & Preston 7 St. Paul Street, Ste Baltimore, MD James M. Greenan, Esq. Steven L. Goldberg, Esq. McNamee, Hosea, Jernigan, Kim, Greenan & Lynch, P.A Ivy Lane, Ste. 200 Greenbelt, MD jgreenan@mhlawyers.com sgoldberg@mhlawyers.com Alex Selke, Esq. Ravich Meyer et al. 80 S. 8 th Street, Ste Minneapolis, MN And to the Debtor s twenty largest creditors on the attached list. /s/ Shannon B. Kreshtool Shannon B. Kreshtool

18 Case Doc 95-3 Filed 08/15/14 Page 4 of 4 20 Largest Creditors Southern States 811 North Mechanic Street Cumbergland, MD Melvin Gibbs 1773 Lower Georges Creek Road P.O. Box 63 Lonaconing, MD John W. Hartman, Jr. 169 Argyle St. Keyser, WV Good Tire Service, Inc State Route 422 Kittanning, PA Redbird Tires 3226 North Valley Pike Harrisonburg, VA Clinton Foote RR1 Box 127K Burlington, WV D&R Trucking, LLC 1287 Palo Alto Road Hyndman, PA Octagon Tire, LLC 724 North First Street Minneapolis, MN Mark D. Tranum 61 Clary Street Keyser, WV BTC Trucking Inc 2278 Michael Road P.O. Box 339 Barton, MD Robert E. Shepherd 164 South Water Street Keyser, WV Martin Oil Company 538 North First Street Bellwood, PA PPC Lubricants 305 Micro Drive Jonestown, PA Aaron Keesler P.O. Box 27 New Creek, WV Donald Niland 80 W. Hampshire Street Piedmont, WV BEC Trucking, LLC 1232 Collier Road Accident, MD Travelers CL Remittance Center Hartford, CT Buckshot Trucking 294 Shad Hollow Road Grantsville, MD Orner & Sons Trucking, Inc Chestnut Ridge Road Grantsville, MD 21536