Document Page 1 of 8 UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Lyman Holding Company, et al., Debtors. 1 Chapter 11 Case No. 11-45190 (Jointly Administered) NOTICE OF HEARING AND OBJECTION TO TWENTY DAY ADMINISTRATIVE EXPENSE CLAIM NO. 056 (PIRTEK WOODINVILLE) TO: The entities specified in Local Rule 3007-1. 1. The above-referenced debtors and debtors in possession (the Debtors ) object to the twenty-day administrative expense claim of Pirtek Woodinville and give notice of hearing. 2. The Court will hold a hearing on this objection at 10:30 a.m. on January 23, 2013, in Courtroom No. 2B, United States Courthouse, 316 North Robert Street, St. Paul, Minnesota, 55101. 3. Any response to this objection must be filed and served no later than January 18, 2013, which is five days before the time set for the hearing (including Saturdays, Sundays, and holidays). UNLESS A RESPONSE OPPOSING THE OBJECTION IS TIMELY FILED, THE COURT MAY GRANT THE RELIEF REQUESTED IN THE OBJECTION WITHOUT A HEARING. 1 Jointly administered estates of the following Debtors: Lyman Holding Company Case No. BKY 11-45190, Lyman Lumber Company Case No. BKY 11-45191, Automated Building Components, Inc. Case No. BKY 11-45192, Building Materials Wholesalers, Inc. Case No. BKY 11-45193, Carpentry Contractors Corp. Case No. BKY 11-45194, Construction Mortgage Investors Co. Case No. BKY 11-45196, Lyman Development Co. Case No. BKY 11-45199, Lyman Lumber Wisconsin, Inc. Case No. BKY 11-45201, Lyman Properties, L.L.C. Case No. BKY 11-45202, Mid-America Cedar, Inc. Case No. BKY 11-45203, Woodinville Lumber, Inc. Case No. BKY 11-45204, Woodinville Construction Services, L.L.C. Case No. BKY 11-45206.
Document Page 2 of 8 4. This Court has jurisdiction over this objection pursuant to 28 U.S.C. 157 and 1334, Fed. R. Bankr. P. 5005, and Local Rule 1070-1. This is a core proceeding. The petitions commencing these Chapter 11 cases were filed on August 4, 2011. 5. This objection arises under 11 U.S.C. 503(b)(9) and the Order Granting Expedited Relief and Authorizing Debtors to Establish Procedures for Resolution of Reclamation and 503(b)(9) Administrative Claims dated September 22, 2011 (the Procedures Order ) [Dkt. No. 187]. This objection is filed under Fed. R. Bankr. P. 3007 and Local Rule 9013-1 through 9013-3. BACKGROUND 6. On September 8, 2011, the Debtors filed a motion [Dkt. No. 170] seeking to establish procedures to address reclamation and administrative expense claims arising under 11 U.S.C. 503(b)(9) ( Twenty Day Claims ). Granting the relief requested, the Court entered the Procedures Order and the Debtors mailed notices and claim forms [Dkt. No. 211] to all parties on the mailing matrix to give them the opportunity to assert Twenty Day Claims. Pursuant to the Procedures Order, the notices set a deadline of November 13, 2011, for creditors to file Twenty Day Claims and require any party in interest, including the Debtors, to object to any Twenty Day Claim at any time until confirmation of any plan or joint plan of reorganization. 7. Under Section 503(b)(9), a party in interest is entitled to a Twenty Day Claim for the value of goods received by the debtor within 20 days before the date of the 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). 2
Document Page 3 of 8 OBJECTION 8. Pirtek Woodinville filed a Request for Payment of Twenty Day Administrative Expense Claim that was recorded as Claim No. 056 (the Claim ) on the Court s claim register for Lyman Holding Co., the docket on which pleadings are filed for these jointly administered cases. The Claim states that it is filed against Woodinville Lumber, Inc. on account of hydraulic hoses and fittings delievered on July 8, 2011. 9. The Debtors object to the Claim because The goods were received before July 15, 2011, outside the 20-day period for allowable 503(b)(9) claims. WHEREFORE, Debtor respectfully requests that the Court enter an order: A. Disallowing the Claim in its entirety; and B. Granting such other and further relief as the Court may deem just and equitable. Dated: December 20, 2012 /e/ Douglas W. Kassebaum James L. Baillie (#3980) Douglas W. Kassebaum (#386802) FREDRIKSON & BYRON, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 Phone (612) 492-7000 Fax (612) 492-7077 jbaillie@fredlaw.com dkassebaum@fredlaw.com ATTORNEYS FOR DEBTORS 5285925_1 3
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Document Page 5 of 8 UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Lyman Holding Company, et al., Debtors. 1 Chapter 11 Case No. 11-45190 (Jointly Administered) MEMORANDUM OF LAW IN SUPPORT OF OBJECTION TO TWENTY DAY ADMINISTRATIVE EXPENSE CLAIM NO. 056 (PIRTEK WOODINVILLE) INTRODUCTION The above-captioned debtors ( Debtors ) submit this memorandum of law in support of their objection to Twenty Day Administrative Expense Claim 056 filed by Pirtek Woodinville. The Debtors grounds for objecting to the claims are set forth in the verified objection (the Objection ). 2 ARGUMENT Under Section 503(a) of the Bankruptcy Code, an entity may timely file a request for payment of an administrative expense. 11 U.S.C. 503(a). The Procedures Order and the Notice of Deadline and Procedures for Filing Twenty Day Administrative Expense Claims set November 13, 2011, as the deadline to file Twenty Day Claims and allow any party in interest, including the Debtors, to object to any Twenty Day Claim at any time until confirmation of any 1 Jointly administered estates of the following Debtors: Lyman Holding Company Case No. BKY 11-45190, Lyman Lumber Company Case No. BKY 11-45191, Automated Building Components, Inc. Case No. BKY 11-45192, Building Materials Wholesalers, Inc. Case No. BKY 11-45193, Carpentry Contractors Corp. Case No. BKY 11-45194, Construction Mortgage Investors Co. Case No. BKY 11-45196, Lyman Development Co. Case No. BKY 11-45199, Lyman Lumber Wisconsin, Inc. Case No. BKY 11-45201, Lyman Properties, L.L.C. Case No. BKY 11-45202, Mid-America Cedar, Inc. Case No. BKY 11-45203, Woodinville Lumber, Inc. Case No. BKY 11-45204, Woodinville Construction Services, L.L.C. Case No. BKY 11-45206. 2 Capitalized terms used but not otherwise defined herein have the meaning ascribed to them in the Objection. 1
Document Page 6 of 8 plan or joint plan of reorganization. A claim filed in a bankruptcy proceeding is deemed allowed unless a party-in-interest objects. Under Section 503(b)(9), a party in interest is entitled to a Twenty Day Claim for the value of goods received by the debtor within 20 days before the date of the commencement of a case under his 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). The Debtors object to Pirtek Woodinville s Claim 056 for the reasons set forth in the Objection. Thus, Pirtek Woodinville now bears the burden to prove the validity and amount of the Claim. The Debtors do not believe the Claim can be sustained, and request that the Claim be disallowed. CONCLUSION The Debtors request that the Court disallow Claim 056 in its entirety. Dated: December 20, 2012 /e/ Douglas W. Kassebaum James L. Baillie (#3980) Douglas W. Kassebaum (#386802) FREDRIKSON & BYRON, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 Phone (612) 492-7000 Fax (612) 492-7077 jbaillie@fredlaw.com dkassebaum@fredlaw.com ATTORNEYS FOR DEBTORS 2
Document Page 7 of 8 UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Lyman Holding Company, et al., Debtors. 1 Chapter 11 Case No. 11-45190 (Jointly Administered) CERTIFICATE OF SERVICE Doug Kassebaum, under penalty of perjury, states that on December 20, 2012, he caused to be served the following: 1. Notice of Hearing and Objection to Twenty Day Administrative Expense Claim No. 056 (Pirtek Woodinville); 2. Memorandum of Law in Support of Objection to Twenty Day Administrative Expense Claim No. 056 (Pirtek Woodinville); 3. Proposed order; and 4. Certificate of Service by sending true and correct copies via ECF to the parties who receive notice by ECF, and to the following party by first class mail: Pirtek Woodinville Harkness & Associates, LLC 16140 Woodinville Redmond Rd Ste 8 Woodinville, WA 98072 Dated: December 20, 2012 /e/ Doug Kassebaum Doug Kassebaum 1 Jointly administered estates of the following Debtors: Lyman Holding Company Case No. BKY 11-45190, Lyman Lumber Company Case No. BKY 11-45191, Automated Building Components, Inc. Case No. BKY 11-45192, Building Materials Wholesalers, Inc. Case No. BKY 11-45193, Carpentry Contractors Corp. Case No. BKY 11-45194, Construction Mortgage Investors Co. Case No. BKY 11-45196, Lyman Development Co. Case No. BKY 11-45199, Lyman Lumber Wisconsin, Inc. Case No. BKY 11-45201, Lyman Properties, L.L.C. Case No. BKY 11-45202, Mid-America Cedar, Inc. Case No. BKY 11-45203, Woodinville Lumber, Inc. Case No. BKY 11-45204, Woodinville Construction Services, L.L.C. Case No. BKY 11-45206.
Document Page 8 of 8 In re: Lyman Holding Company, et al., UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA Debtors. 1 Chapter 11 Case No. 11-45190 (Jointly Administered) ORDER ON OBJECTION TO TWENTY DAY ADMINISTRATIVE EXPENSE CLAIM NO. 056 This matter is before the court on the debtors Objection to Twenty Day Administrative Expense Claim No. 056 (Pirtek Woodinville). Based on the objection and the documents of record herein, IT IS ORDERED: The claim of Pirtek Woodinville arising under 11 U.S.C. 503(b)(9), filed as Claim No. 056 on the claims register for Lyman Holding Company, Case No. 11-45190, is disallowed in its entirety. Dated: Dennis D. O Brien United States Bankruptcy Judge 1 Jointly administered estates of the following Debtors: Lyman Holding Company Case No. BKY 11-45190, Lyman Lumber Company Case No. BKY 11-45191, Automated Building Components, Inc. Case No. BKY 11-45192, Building Materials Wholesalers, Inc. Case No. BKY 11-45193, Carpentry Contractors Corp. Case No. BKY 11-45194, Construction Mortgage Investors Co. Case No. BKY 11-45196, Lyman Development Co. Case No. BKY 11-45199, Lyman Lumber Wisconsin, Inc. Case No. BKY 11-45201, Lyman Properties, L.L.C. Case No. BKY 11-45202, Mid-America Cedar, Inc. Case No. BKY 11-45203, Woodinville Lumber, Inc. Case No. BKY 11-45204, Woodinville Construction Services, L.L.C. Case No. BKY 11-45206.