Case 16-10971-LSS Doc 1564 Filed 10/16/17 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. 1530 CERTIFICATE OF NO OBJECTION REGARDING DOCKET NO. 1530 The undersigned hereby certifies that, as of the date hereof, he has received no answer, objection, or other responsive pleading to the Debtors Tenth Omnibus (Substantive Objection to Certain Disputed Claims [Docket No. 1530] (the Objection filed on September 29, 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 October 13, 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. 01:22456763.1
Case 16-10971-LSS Doc 1564 Filed 10/16/17 Page 2 of 2 Dated: October 16, 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 01:22456763.1 2
Case 16-10971-LSS Doc 1564-1 Filed 10/16/17 Page 1 of 11 EXHIBIT A 01:22456763.1
Case 16-10971-LSS Doc 1564-1 Filed 10/16/17 Page 2 of 11 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. 1530 and ORDER SUSTAINING DEBTORS TENTH OMNIBUS (SUBSTANTIVE OBJECTION TO CERTAIN DISPUTED CLAIMS Upon the objection [Docket No. 1530] (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 or modifying, as applicable, the Disputed Claims identified on attached Exhibit 1, Exhibit 2, and Exhibit 3, and (ii directing the Claims Agent to reflect such disallowances and modifications of the Disputed Claims on the Claims 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 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 1564-1 Filed 10/16/17 Page 3 of 11 28 U.S.C. 1408 and 1409; and it appearing that due and adequate notice of 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 Post-Closing Claim identified on Exhibit 1 attached hereto is disallowed in its entirety or modified as more specifically set forth therein. 4. Each Disputed Status Claim identified on Exhibit 2 attached hereto is modified as more specifically set forth therein. 5. Each No Liability Claim identified on Exhibit 3 attached hereto is disallowed in its entirety as more specifically set forth therein. 6. The Claims Agent is directed to modify the Claims Register to comport with the relief granted by this Order. 7. 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 the 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 2
Case 16-10971-LSS Doc 1564-1 Filed 10/16/17 Page 4 of 11 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. 8. Each of the Disputed Claims and the objections raised in the Objection with respect to such Disputed Claims, constitute a separate contested matter as contemplated by Bankruptcy Rule 9014. This Order shall be deemed a separate Order with respect to each Disputed Claim. 9. Notwithstanding any applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, or the Local Rules, this Order shall be effective immediately upon its entry. 10. The Debtors and the Claims Agent are authorized to take all actions necessary or appropriate to effectuate the relief granted pursuant to this Order. 11. 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: October, 2017 Wilmington, Delaware Honorable Laurie Selber Silverstein United States Bankruptcy Judge 3
Case 16-10971-LSS Doc 1564-1 Filed 10/16/17 Page 5 of 11 EXHIBIT 1 Post-Closing Claims
Case 16-10971-LSS Doc 1564-1 Filed 10/16/17 Page 6 of 11 Name of Claimant Fathead 1201 Woodward Ave Fl. 3 Detroit, MI 48226-2039 Fontaine, Myriam 507 Froelich Place Elmont, NY 11003 RKB Maintenance Solutions 193 Horton Avenue Lynbrook, NY 11563 Rymes Propane & Oils, Inc. Credit Dept. Attn: Sarah Steinhilber 257 Sheep Davis Rd Concord, NH 03301 Claim No. 1736 1734 1731 Asserted Claim Amount & Status $7,999.50 Administrative Expense $456,300.00 Administrative Expense $5,192.19 Administrative Expense Disallow or Modification Date Filed Disallow 4/18/2017 Disallow 4/17/2017 Modify Amount & Status: $961.33 Unsecured 4/17/2017 and Rymes Propane & Oils, Inc. P.O. Box 2948 Concord, NH 03302 1697 $12,884.20 Administrative Expense Modify Amount: $961.05 Administrative Expense 4/13/2017 and Rymes Propane & Oils, Inc. 2 Main St. Antrim, NH 03440
Case 16-10971-LSS Doc 1564-1 Filed 10/16/17 Page 7 of 11 Name of Claimant Town of Framingham Water & Sewer P.O. Box 851 Reading, MA 01867-0405 Claim No. Asserted Claim Amount & Status Disallow or Modification Date Filed and Town of Framingham Memorial Bldg. Rm. 203 150 Concord Street Framingham, MA 0170 1730 $1,053.64 Administrative Expense Disallow 4/17/2017 and Town of Framingham Office Of The Tax Collector 150 Concord Street Framingham, MA 01702 2
Case 16-10971-LSS Doc 1564-1 Filed 10/16/17 Page 8 of 11 EXHIBIT 2 Disputed Status Claims
Case 16-10971-LSS Doc 1564-1 Filed 10/16/17 Page 9 of 11 Name of Claimant MGPX Properties, LLC c/o Law Offices of Martha J. Simon Attn: Leslie Kane 22 Battery St., Suite 888 San Francisco, CA 94111 Claim No. 1729 Asserted Claim Amount & Status Admin: $441,250.36 Unsecured: $0 Modified Claim Amount & Status Admin: $0 Unsecured: $441,250.36 Dated Filed 4/17/2017 Webb, Gale 28928 Tulita Lane Menifee, CA 92584 1670 Admin: $6,000.00 Unsecured: $0 Admin: $4,300.00 Unsecured: $1,700.00 4/12/2017 Wiegert, Brian 23 Tamarac Swamp Road Wallingford, CT 06492 1727 Admin: Unliquidated Unsecured: $0 Admin: $0 Unsecured: Unliquidated 4/17/2017 Xprotex Sport Group 28010 Industry Drive Valencia, CA 91355 1725 Admin: $13,575.00 Unsecured: $0 Admin: $0 Unsecured: $13,575.00 4/17/2017
Case 16-10971-LSS Doc 1564-1 Filed 10/16/17 Page 10 of 11 EXHIBIT 3 No Liability Claim
Case 16-10971-LSS Doc 1564-1 Filed 10/16/17 Page 11 of 11 Name of Claimant Bass Family Trust Lester Bass 3167 Fryman Road Studio City, CA 91604 Claim No. Asserted Claim Amount Asserted Claim Status Dated Filed and 1691 $6,950.00 Administrative Expense 4/13/2017 Bass Family Trust Lester Bass 7541 Woodman Pl. Van Nuys, CA 91405