Case 8-14-70593-ast Doc 112 Filed 03/26/14 Entered 03/26/14 13:43:26 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------X Chapter 11 In re: Case Nos. 14-70593-ast 14-70597-ast LONG BEACH MEDICAL CENTER, et al. Debtors. -------------------------------------------------------------X (Jointly Administered) MOTION OF CHEM RX PHARMACY SERVICES, LLC FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. 503(B)(9) Creditor and party in interest, Chem Rx Pharmacy Services, LLC ( Chem Rx ) moves for entry of an order allowing Chem Rx an administrative expense claim in the amount of $28,117.15 pursuant to 11 U.S.C. 503(b)(9). In support of its Motion, Chem Rx states as follows: 1. On February 19, 2014 (the Petition Date ), Long Beach Memorial Nursing Home, Inc. d/b/a The Komanoff Center for Geriatric and Rehabilitative Medicine ( Komanoff Center ) and Long Beach Medical Center d/b/a Long Beach Memorial Hospital (the Hospital ) (collectively, Komanoff Center and the Hospital are the Debtors ), filed their voluntary petitions for relief under Chapter 11 of Title 11 of the United States Code (the Bankruptcy Code ) in the United States Bankruptcy Court for the Eastern District of New York. 2. The Court has jurisdiction over this motion pursuant to 28 U.S.C. 157 and 1334(b). This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A) and (B). Venue is proper in this District pursuant to 28 U.S.C. 1408 and 1409. 3. Chem Rx provides pharmacy-related goods and services to residents of long-term care and skilled nursing facilities. Chem Rx regularly sold some of these products to Komanoff Center before the Petition Date.
Case 8-14-70593-ast Doc 112 Filed 03/26/14 Entered 03/26/14 13:43:26 4. In the 20 days preceding the Petition Date, Komanoff Center received goods that Chem Rx sold on credit to Komanoff Center in the ordinary course of Komanoff Center s business. Such goods included pharmaceutical goods and supplies (the Goods ) and had an aggregate value of $28,117.15 as identified in the invoice attached as Exhibit A. 5. As of the date of this Motion, Chem Rx has not received payment for the Goods. 6. Chem Rx respectfully requests that the Court allow Chem Rx s administrative expense in the amount of $28,117.15 for the Goods pursuant to Section 503(b)(9) of the Bankruptcy Code. 7. The Bankruptcy Code provides in pertinent part that: After notice and a hearing, there shall be allowed administrative expenses... [for] 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 goods have been sold to the debtor in the ordinary course of such debtor s business 11 U.S.C. 503(b)(9). 8. As evidenced by the invoice attached as Exhibit A, during the 20 days preceding the Petition Date, Komanoff Center received from Chem Rx the Goods valued in aggregate at $28,117.15. Chem Rx sold the Goods to Komanoff Center on credit in the ordinary course of Komanoff Center s business. Chem Rx has not yet received payment for the Goods. Chem Rx is accordingly entitled to an allowed administrative expense claim against Komanoff Center in the aggregate of $28,117.15. 9. Chem Rx reserves its right to assert claims against the Debtors for amounts not contemplated by this Motion or allowed by the Court pursuant to Section 503(b)(9) and to amend, modify, and/or supplement this request as appropriate. WHEREFORE, Chem Rx respectfully requests that the Court enter an order substantially in the form attached hereto as Exhibit B allowing Chem Rx s administrative expense claim in the 2
Case 8-14-70593-ast Doc 112 Filed 03/26/14 Entered 03/26/14 13:43:26 amount of $28,117.15 pursuant to 11 U.S.C. 503(b)(9) and granting such other and further relief as may be just and proper under the circumstances. Respectfully submitted, /s Matthew C. Williams Matthew C. Williams (MW-2131) FULTZ MADDOX HOVIOUS & DICKENS PLC 101 S. Fifth Street, Ste. 2700 Louisville, Kentucky 40202 Telephone: (502) 588-2000 Facsimile: (502) 588-2020 mwilliams@fmhd.com Counsel for Chem Rx CERTIFICATE OF SERVICE I hereby certify that on March 26, 2014, the foregoing document was served via the Court s electronic filing system to the following and all parties entitled to receive notice: Burton S. Weston Garfunkel, Wild, P.C. 111 Great Neck Road Great Neck, NY 11021 Counsel for Debtors United States Trustee Long Island Federal Courthouse 560 Federal Plaza, Room 560 Central Islip, NY 11722 U.S. Trustee Sean C. Southard Lauren Catherine Kiss Fred Stevens Klestadt & Winters LLP 570 Seventh Ave., 17th Floor New York, New York 10118 Counsel for Unsecured Creditors Committee /s Matthew C. Williams {008000955} Counsel for Chem Rx 3
Case 8-14-70593-ast Doc 112-1 Filed 03/26/14 Entered 03/26/14 13:43:26 Exhibit A
Case 8-14-70593-ast Doc 112-1 Filed 03/26/14 Entered 03/26/14 13:43:26
Case 8-14-70593-ast Doc 112-2 Filed 03/26/14 Entered 03/26/14 13:43:26 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------X Chapter 11 In re: Case Nos. 14-70593-ast 14-70597-ast LONG BEACH MEDICAL CENTER, et al. Debtors. -------------------------------------------------------------X (Jointly Administered) PROPOSED ORDER This matter having come before the Court on the Motion of creditor and party in interest, Chem Rx Pharmacy Services, LLC ( Chem Rx ), for allowance of an administrative claim pursuant to 11 U.S.C. 503(b)(9) in the amount of $28,117.15, and the Court having considered the motion and being otherwise advised, IT IS HEREBY ORDERED that Chem Rx shall have an administrative claim allowed in the amount of $28,117.15.