Case 8-09-75473-reg Doc 85 Filed 03/03/10 Entered 03/03/10 14:04:39 Hearing Date and Time: April 12, 2010 at 1:30 p.m.; UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------x In Re: SUFFOLK READY MIX, LLC, Chapter 11 Case No.: 09-75473-reg Debtor. ----------------------------------------------------x NOTICE OF HEARING ON DEBTOR S OBJECTION TO CLAIMS UNDER SECTION 502 OF THE BANKRUPTCY CODE AND FEDERAL RULE OF BANKRUPTCY PROCEDURE 3007 TO THE UNITED STATES TRUSTEE; COUNSEL FOR THE COMMITTEE OF UNSECURED CREDITORS; ALL PERSONS WHO HAVE FILED REQUESTS FOR RECEIPT OF ALL NOTICES SERVED AND FILED IN THIS CASE; AND ALL CREDITORS WHOSE CLAIMS ARE BEING OBJECTED TO, AS SET FORTH BELOW IN THIS NOTICE OF HEARING, AND THEIR COUNSEL, IF KNOWN: PLEASE TAKE NOTICE, that on April 12, 2010 at 1:30 p.m., a hearing will be held before the Honorable Robert E. Grossman, Bankruptcy Judge in his Courtroom which is located at the United States Bankruptcy Court, Long Island Federal Plaza Courthouse, Federal Plaza, Central Islip, NY 11722, on the Debtor s attached Objection to Claims filed in this case (the Objection ), seeking an Order under 11 U.S.C. Section 502(b) and Federal Rule of Bankruptcy Procedure 3007, reclassifying the claim of Key Equipment Finance, Inc. (Claim No. 25) in the manner, and for the reasons specified, in the Objection. PLEASE TAKE FURTHER NOTICE, that objections, if any, to the relief sought in the Objection shall be in writing and served so as to be received by: (i) the Clerk of the United States Bankruptcy Court, 290 Federal Plaza, P.O. Box 9013, Central Islip, New York, 11722, with a courtesy copy to the Chambers of The Honorable Robert E. Grossman; (ii) The Law Offices of Michael G. Mc Auliffe, Esq. 48 South Service Road, Suite 102, Melville, New York, 11747; and
Case 8-09-75473-reg Doc 85 Filed 03/03/10 Entered 03/03/10 14:04:39 (iii) The Office of the United States Trustee, 290 Federal Plaza, Central Islip, New York, 11722, Attn: Stan Y. Yang, Esq., no later than March???, 2010 at 5:00 p.m. PLEASE TAKE FURTHER NOTICE, that your response to the Objection is not required and you need not appear at the Hearing if you do not object to the relief requested in the Objection. Dated: Melville, New York March 3, 2010 Law Offices of Michael G. Mc Auliffe Counsel to the Debtor By: /s/ Michael G. Mc Auliffe Michael G. Mc Auliffe, Esq. 48 South Service Road Suite 102 Melville, NY 11747 (631) 465-0044 2
Case 8-09-75473-reg Doc 85 Filed 03/03/10 Entered 03/03/10 14:04:39 Hearing Date and Time: April 12, 2010 at 1:30 p.m.; UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------x In Re: SUFFOLK READY MIX, LLC, Chapter 11 Case No.: 09-75473-reg Debtor. ----------------------------------------------------x DEBTOR S OBJECTION TO CLAIMS PURSUANT TO SECTION 502 OF THE BANKRUPTCY CODE AND FEDERAL RULE OF BANKRUPTCY PROCEDURE 3007 TO BANKRUPTCY JUDGE ROBERT E. GROSSMAN: The objection (the "Objection") of SUFFOLK READY MIX, LLC, debtor and debtor in possession herein (the Debtor ), by its attorneys, the Law Offices of Michael G. Mc Auliffe, respectively represents as follows: 1. The chapter 11 case of the Debtor was commenced by voluntary petition which was filed with this Court on July 24, 2009 (the "Filing Date"). 2. No trustee has been appointed in the Debtor's case. Consequently, the Debtor is presently continuing to act as a debtor in possession, with all the rights, duties and responsibilities set forth as 11 U.S.C. Sections 1107(a) and 1108. 3. There has been a duly authorized Official Committee of Unsecured Creditors constituted in this case under section 1102 of the Bankruptcy Code. 4. At this time, the Debtor has reviewed the claims that were filed herein and determined that, for the reasons set forth below, the claim of Key Equipment Finance, Inc. 1
Case 8-09-75473-reg Doc 85 Filed 03/03/10 Entered 03/03/10 14:04:39 ( Key ) (Claim No. 25) must be reclassified under 11 U.S.C. Section 502 and Federal Rule of Bankruptcy Procedure 3007. 5. On or about September 15, 2009, Key filed a proof of claim (No. 25) in this case asserting a claim in the sum of $55,606.16, which was comprised of a secured claim in the sum of $45,000.00 and an unsecured claim in the sum of $10,606.16. A copy of Key s proof of claim is annexed hereto at Exhibit A. 6. Key s claim is partially secured by a lien on the Debtor s Debtor s 2007 Heil Dry Bulk Trailer (the Heil Trailer ). The Key claim asserts that the Heil Trailer has a value of $45,000.00, and therefore seeks to have $45,000.00 of its claim deemed to be secured. Key does not provide any evidence to substantiate its alleged value of the Heil Trailer. 7. The Debtor obtained an appraisal of the Heil Trailer which determined the value of same to be $25,000.00. A copy of the appraisal is annexed hereto at Exhibit B 8. As the actual value of the Heil Trailer is $25,000.00, only $25,000.00 of Key s claim should be deemed to be secured, and the balance of the claim, in the sum of $30,606.16, should be deemed to be unsecured. 9. Thus, the Debtor respectfully submits that Key s claim should be reclassified as follows: a secured claim in the sum of $25,000.00 and a general unsecured claim in the sum of $30,606.16. 10. This Objection and the annexed Notice of hearing on this Objection, are being served on Key; all entities who are known to have filed requests for receipt of all notices filed and served in this case, counsel for the Official Committee of Unsecured Creditors and the Office of the United States Trustee. 2
Case 8-09-75473-reg Doc 85 Filed 03/03/10 Entered 03/03/10 14:04:39 11. Since no novel or complex issues of law are raised by the instant Application, it is respectfully submitted that the requirement of a memorandum of law pursuant to EDNY LBR 9013-1(b) be dispensed with. 12. No prior request for the relief sought herein has been made to this or any other Court. WHEREFORE, the Debtor respectfully requests that the Court enter an Order granting the relief requested herein and grant other and further relief as the Court deems to be just and proper in the circumstances. Dated: Melville, New York March 3, 2010 Law Offices of Michael G. Mc Auliffe, Esq. Counsel to the Debtor By: /s/ Michael G. Mc Auliffe Michael G. Mc Auliffe, Esq. (MGM #3024) 48 South Service Road, Suite 102 Melville, New York 11747 (631) 465-0044 3
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Case 8-09-75473-reg Doc 85-3 Filed 03/03/10 Entered 03/03/10 14:04:39 UNITED STATES BANKRUPTCY COURT mgm 3024 EASTERN DISTRICT OF NEW YORK --------------------------------------------------------X In re Chapter 11 SUFFOLK READY MIX, LLC, Case No. 09-75473-reg Debtor. --------------------------------------------------------X STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) AFFIDAVIT OF SERVICE BY FIRST CLASS MAIL Andrea Savin, being duly sworn, deposes and says: I am not a party in the above referenced action, am over 18 years of age and reside in Nassau County, New York. On March 3, 2010, I served a copy of the within Notice of Hearing on Debtor s Objection to Claims Under Section 502 of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 3007 dated March 3, 2010 and Debtor s Objection to Claims Pursuant to Section 502 of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 3007 dated March 3, 2010, with exhibits, by depositing true copies thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the entities set forth below (being the Office of the U.S. Trustee, all creditors of the Debtor and all parties who have filed a notice of appearance in this case, at the last known address set forth after each name as follows: SEE ATTACHED SERVICE LIST Sworn to before me on this 3rd day March, 2010 /s/ Michael G. Mc Auliffe NOTARY PUBLIC Notary Public State of New York No. 02MC5062957 Qualified in Nassau County Commission Expires July 15, 2010 /s/ Andrea Savin Andrea Savin
Case 8-09-75473-reg Doc 85-3 Filed 03/03/10 Entered 03/03/10 14:04:39 Stan Yang, Esq. Office of the United States Trustee 560 Federal Plaza - Room 560 Central Islip, NY 11722-4437 Jager Smith PC on Behalf of the Official Committee of Unsecured Creditors One Financial Center Boston, MA 02111 Attn: Steven C. Reingold, Esq. Key Equipment Finance, Inc. 1000 S. McCaslin Blvd Superior, CO 80027 H.O. Penn Machinery Co. P.O. Box 5307 Poughkeepsie, NY 12602-5307 Attn: Deserie Carrezola KeySpan Gas East Corp. dba: National Grid Suzanne Brienza, Esq. 15 Park Drive Melville, NY 11747 Maria Lopes c/o Ezratty, Ezratty & Levine 80 East Old Country Road Mineola,, NY 11501 Attn: Dan M. Blumenthal, Esq. Sprint Nextel - Correspondence Attn: Bankruptcy Dept. P.O. Box 7949 Overland Park, KS 66207-0949 Lawson Products, Inc. New Jersery c/o Lawson Products, Inc. 1666 E. Touhy Avenue Des Plaines, IL 60018 All Island Mason Supply, Inc. 180 Townline Road Kings Park, NY 11754 Attn: Michael Nasti, Jr.
Case 8-09-75473-reg Doc 85-3 Filed 03/03/10 Entered 03/03/10 14:04:39 Manufacturers & Traders Trust Co. c/o Getman & Biryla, LLP 800 Rand Building 14 Lafayette Square Buffalo, NY 14203-1995 Rowdy De Bias 430 Meadow Rd Kings Park, NY 11754 Lawrence E. Tofel, Esq. Tofel & Partners LLP 800 Third Avenue New York, NY 10022 Financial Federal Credit Inc. c/o Platzer Swergold Karlin et al 1065 Avenue of the Americas New York, NY 10018 Attn: Clifford A. Katz Esq. Financial Federal Credit Inc. 733 Third Avenue, 24th Floor New York, NY 10017 Attn: Robert T. Bonsignore, Esq. Josh Russell, Esq. District Tax Attorney 400 Oak Street, Suite 102 Garden City, NY 11530 Buchanan Ingersoll & Rooney PC 620 Eighth Avenue, 23rd Floor New York, NY 10018 Attn: Magdeline D. Coleman, Esq. K&L Gates LLP 599 Lexington Avenue New York, NY 10022 Attn: Eli Mattioli, Esq. Eunice Rim, Esq. Morritt Hock Hamroff & Horowitz LLP 400 Garden City Plaza Garden City, NY 11530 Attn: Leslie A. Berkoff, Esq.