Case 16-10971-LSS Doc 1489 Filed 08/30/17 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. 16-10971 (LSS Jointly Administered Ref. Docket No. 1455 CERTIFICATE OF NO OBJECTION REGARDING DOCKET NO. 1455 The undersigned hereby certifies that, as of the date hereof, he has received no answer, objection, or other responsive pleading to the Debtors Seventh Omnibus (Non- Substantive Objection to Certain Late and Amended and Superseded s [Docket No. 1455] (the Objection filed on August 10, 2017. 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 24, 2017. 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 06450. 01:22299927.1
Case 16-10971-LSS Doc 1489 Filed 08/30/17 Page 2 of 2 Dated: Augusgt 30, 2017 Wilmington, Delaware /s/ Robert F. Poppiti, Jr. Robert S. Brady, Esq. (DE Bar No. 2847 Robert F. Poppiti, Jr., Esq. (DE Bar No. 5052 YOUNG CONAWAY STARGATT & TAYLOR, LLP Rodney Square, 1000 North King Street Wilmington, DE 19801 Tel: (302 571-6600 Fax: (302 571-1253 Email: 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 90067 Tel: (310 407-4031 Fax: (310 407-9090 Email: mtuchin@ktbslaw.com lbogdanoff@ktbslaw.com dguess@ktbslaw.com sgurvitz@ktbslaw.com Counsel to the Debtors and Debtors in Possession 01:22299927.1 2
Case 16-10971-LSS Doc 1489-1 Filed 08/30/17 Page 1 of 9 EXHIBIT A 01:22299918.1
Case 16-10971-LSS Doc 1489-1 Filed 08/30/17 Page 2 of 9 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re VRG Liquidating, LLC, et al., 1 Debtors. Chapter 11 Case No.: 16-10971 (LSS (Jointly Administered Ref. Docket Nos. 1455 and ORDER SUSTAINING DEBTORS SEVENTH OMNIBUS (NON-SUBSTANTIVE OBJECTION TO CERTAIN LATE AND AMENDED AND SUPERSEDED CLAIMS Upon the objection [Docket No. 1455] (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 Disputed s identified on attached Exhibit 1 and Exhibit 2 and (ii directing the s Agent to remove such Disputed s from the s 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 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. 1408 and 1409; and it appearing that due and adequate notice of 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 06450. Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Objection.
Case 16-10971-LSS Doc 1489-1 Filed 08/30/17 Page 3 of 9 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 Disputed identified on Exhibit 1 and Exhibit 2 attached hereto is disallowed and expunged in its entirety. 4. The s Agent is directed to modify the s Register to comport with the relief granted by this Order. 5. 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 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. 6. Each of the Disputed s and the objections raised in the Objection with respect to such Disputed s, constitute a separate contested matter as contemplated by 2
Case 16-10971-LSS Doc 1489-1 Filed 08/30/17 Page 4 of 9 Bankruptcy Rule 9014. This Order shall be deemed a separate Order with respect to each Disputed. 7. Notwithstanding any applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, or the Local Rules, this Order shall be effective immediately upon its entry. 8. The Debtors and the s Agent are authorized to take all actions necessary or appropriate to effectuate the relief granted pursuant to this Order. 9. 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:, 2017 Wilmington, Delaware Honorable Laurie Selber Silverstein United States Bankruptcy Judge 3
Case 16-10971-LSS Doc 1489-1 Filed 08/30/17 Page 5 of 9 EXHIBIT 1 Late s 01:22244244.3
01:22244244.3 Case 16-10971-LSS Doc 1489-1 Filed 08/30/17 Page 6 of 9 Name of ant Contract Datascan LP 2941 Trade Center Dr., Suite 100 Carrollton, TX 75007 Information Builders Inc. James DiBiase Two Penn Plaza New York, NY 10121 and No. Date Filed 1494 08/29/16 1497 08/30/16 Asserted Classification 1 Section 503(b(9 Section 503(b(9 Amount $90,076.41 $1,491.24 Information Builders Inc. PO Box 360604 Pittsburgh, PA 15251-6604 New Balance Athletics, Inc. 100 Guest Street Boston, MA 02135-2088 and New Balance Athletics, Inc. 20 Guest Street Boston, MA 02135-2088 1655 04/07/17 Section 503(b(9 $8,900 and New Balance Athletics, Inc. PO Box 415206 Boston, MA 02241-5206 1 Nothing included in or omitted from the Objection is intended to be, or should be construed as, an admission or acknowledgement that any claim is of the kind or classification asserted by the claimant.
01:22244244.3 Case 16-10971-LSS Doc 1489-1 Filed 08/30/17 Page 7 of 9 Name of ant Power Block Inc. 1071 32 nd Ave. N.W. Owatanna, MN 55060 SCARPA North America, Inc. 3550 Frontier Ave., #E Boulder, CO 80301 Wray, Robb 239 Winn Rd. Lyndeborough, NH 03082 No. Date Filed 1564 03/28/17 1520 10/10/16 Asserted Classification 1 Section 503(b(9 Unsecured & Section 503(b(9 Amount $67,000 Unsecured : $83,984.61 Section 503(b(9 : $41,065.00 1770 07/04/17 Priority $840.72 2
Case 16-10971-LSS Doc 1489-1 Filed 08/30/17 Page 8 of 9 EXHIBIT 2 Superseded 01:22244244.3
01:22244244.3 Case 16-10971-LSS Doc 1489-1 Filed 08/30/17 Page 9 of 9 Name of ant Superseded to be Disallowed Surviving 1 Asserted Classification Superseded Amount New York State Department of Taxation and Finance 1728 1769 Priority & General Unsecured $41,287.31 1 For the avoidance of doubt, the Debtors are not, at this time, seeking allowance of the Surviving. The Debtors reserve their rights to object to the Surviving at a future time, on any basis whatsoever.