Pg 1 of 11 Presentment Date: June 1, 2016 at 12:00 p.m. (ET) Objection Deadline: June 1, 2016 at 10:00 a.m. (ET) FARRELL FRTZ, P.C. Ted A. Berkowitz Patrick Collins Veronique A. Urban 1320 RXR Plaza Uniondale, New York 11556 Tel: (516) 227-0700 Fax: (516) 227-0777 Counsel to Robert Hirsh, the Liquidating Trustee of the Metro Affiliates Liquidating Trust UNTED STATES BANKRUPTCY COURT SOUTHERN DSTRCT OF NEW YORK ----------------------------------------------------------------x n re: Chapter 11 METRO AFFLATES, NC., et al., Debtors. ----------------------------------------------------------------x Case No. 13-13591 (SHL) Jointly Administered NOTCE OF PRESENTMENT OF STPULATON AND AGREED ORDER WTH SHERRY DRSCOLL RESOLVNG MOTON AND ALLOWNG FLNG OF LATE PROOF OF CLAM PLEASE TAKE NOTCE that the undersigned will present the annexed Stipulation and Agreed Order with Sherry Driscoll Resolving Motion and Allowing Filing of Late Proof of Claim (the Proposed Stipulation ) for signature to the Honorable Sean H. Lane, United States Bankruptcy Judge, on June 1, 2016 at 12:00 p.m. prevailing Eastern Time. PLEASE TAKE FURTHER NOTCE that objections, if any, to the Proposed Stipulation must be made in writing and received by chambers of the Honorable Sean H. Lane, United States Bankruptcy Judge, United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004 and, shall be filed with the Court and served in accordance with the Order Pursuant to 11 U.S.C. 105(a) and (d) and Bankruptcy Rules 1015(c), 2002(m), and 9007 mplementing Certain Notice and Case Management Procedures,
Pg 2 of 11 entered on November 13, 2013 (the Case Management Order ) [ECF No. 65] no later than 10:00 a.m. prevailing Eastern Time on June 1, 2016 (the Objection Deadline ). Unless objections are received by that time, the Proposed Stipulation may be signed and entered without a hearing. PLEASE TAKE FURTHER NOTCE that if any response or objection to the Proposed Stipulation is timely filed by the Objection Deadline, a hearing will be scheduled before the Honorable Sean H. Lane, United States Bankruptcy Judge, Courtroom 701, United States Bankruptcy Court, One Bowling Green, New York, New York 10004. Dated: Uniondale, New York May 25, 2016 FARRELL FRTZ, P.C. By:/s/ Veronique A. Urban Patrick Collins Ted A. Berkowitz Veronique A. Urban 1320 RXR Plaza Uniondale, New York 11556 Tel: (516) 227-0700 Fax: (516) 227-0777 Counsel to Robert Hirsh, the Liquidating Trustee of the Metro Affiliates Liquidating Trust 2
Pg 3 of 11 FARRELL FRTZ, P.C. Ted A. Berkowitz Patrick Collins Veronique A. Urban 1320 RXR Plaza Uniondale, New York 11556 Tel: (516) 227-0700 Fax: (516) 227-0777 Counsel to Robert Hirsh, the Liquidating Trustee of the Metro Affiliates Liquidating Trust UNTED STATES BANKRUPTCY COURT SOUTHERN DSTRCT OF NEW YORK ----------------------------------------------------------------x n re: Chapter 11 METRO AFFLATES, NC., et al., Debtors. ----------------------------------------------------------------x Case No. 13-13591 (SHL) Jointly Administered STPULATON AND AGREED ORDER WTH SHERRY DRSCOLL RESOLVNG MOTON AND ALLOWNG FLNG OF LATE PROOF OF CLAM Robert Hirsh, the liquidating trustee (the Liquidating Trustee ) of the Metro Affiliates Liquidating Trust established in connection with the chapter 11 cases of Atlantic Express Transportation Corp. and each of its related debtors (collectively, the Debtors ), and Sherry Driscoll ( Creditor Driscoll and, together with the Liquidating Trustee, each a Party and together the Parties ), hereby enter into this stipulation and order (this Stipulated Order ), as set forth below, resolving Creditor Driscoll s Motion for Relief From Stay [ECF No. 1925] (the Motion ), subject to the approval of the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court ). n connection with this Stipulated Order, the Parties respectfully state as follows:
Pg 4 of 11 RECTALS A. On November 4, 2013, the Debtors each filed petitions for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court. The cases are captioned n re Metro Affiliates, et al., Case No. 13-13591 (SHL) (Jointly Administered). B. On or about March 17, 2014, the Bankruptcy Court entered the Order (A) Setting Bar Dates for Filing Proofs of Claim, (B) Approving the Form and Manner for Filing Proofs of Claim and (C) Approving Notice Thereof (the Bar Date Order ) [Docket No. 979]. Pursuant to the Bar Date Order, a creditor must file a proof of claim against each individual Debtor against which that creditor asserts a claim. The deadline to file such proofs of claim was April 21, 2014 (the Bar Date ). C. Pursuant to the Findings of Fact, Conclusions of Law, and Order Confirming First Amended Joint Chapter 11 Plan of Liquidation for Metro Affiliates, nc. and its Affiliated Debtors Proposed by the Debtors and the Official Committee of Unsecured Creditors [ECF No. 1372], only holders of insured claims that have timely filed proofs of claim may proceed or continue with litigation in non-bankruptcy courts of competent jurisdiction to liquidate such claims for purposes of the Debtors Plan. Creditor Driscoll did not file a proof of claim against any of the Debtors by the Bar Date. D. On May 17, 2016, Creditor Driscoll filed the Motion requesting that the automatic stay be lifted in order to allow her to continue with her state court litigation against Debtor Atlantic Express of New Jersey, nc. The Motion alleges that Ms. Driscoll did not learn of the Debtors bankruptcy proceeding until on or about April 20, 2015. 2
Pg 5 of 11 E. During the Liquidating Trustee s review of the Motion, the Liquidating Trustee concluded that neither Creditor Driscoll nor her counsel was served with notice of the Bar Date Order. F. The Liquidating Trustee consents to the relief requested in the Motion and consents to the late filing of a proof of claim by Creditor Driscoll. The late filing of such proof of claim will not unduly prejudice the Debtors and the delay in filing will not substantially impact the judicial proceedings in this Bankruptcy Court. The Parties have therefore agreed to resolve the Motion upon the terms and conditions hereinafter set forth. STPULATON AND ORDER NOW, THEREFORE, in consideration of the foregoing, and notwithstanding anything to the contrary in the Bar Date Order, any other notice or order issued in connection with the Bar Date Order, the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or local bankruptcy rules, the Parties hereby stipulate and agree as follows: 1. Creditor Driscoll shall be granted leave to file a late proof of claim, in the form attached hereto as Exhibit A, and such proof of claim shall be treated as if it were filed timely prior to the Bar Date. 2. The Liquidating Trustee reserves all rights with respect to the proof of claim, including its right to object thereto on any basis other than that the proof of claim was not timely filed. Nothing herein shall be (a) construed as an admission by the Liquidating Trustee with regard to the merits of the proof of claim or (b) deemed to allow the proof of claim. 3. This Stipulated Order is intended solely for administrative convenience and, except to the extent expressly set forth in this Stipulated Order, all other rights of the Parties are hereby preserved. 3
Pg 6 of 11 4. Each person who executes this Stipulated Order on behalf of a Party represents that he or she is duly authorized to execute this Stipulated Order on behalf of that Party. 5. Each of the Parties has participated in, and jointly consented to, the drafting of this Stipulated Order and any claimed ambiguity shall not be construed for or against any Party. 6. This Stipulated Order is intended by the Parties to be binding upon their successors, agents, and assigns, including bankruptcy trustees and estate representatives, and any parent, subsidiary and affiliated entity. 7. This Stipulated Order may be executed in multiple counterparts, including by providing signatures by PDF or facsimile, each of which shall be deemed an original. All such signature pages together shall constitute the same instrument. 8. The Bankruptcy Court shall retain jurisdiction to interpret, implement and enforce the provisions of this Stipulated Order. [Remainder of page intentionally left blank.] 4
Pg 7 of 11 9. The undersigned, on behalf of their respective clients, hereby agree to the form, substance and entry of this Stipulated Order: Dated: Uniondale, New York May 25, 2016 FARRELL FRTZ, P.C. Counsel to Robert Hirsh, the Liquidating Trustee of the Metro Affiliates Liquidating Trust By: Veronique A. Urban Patrick Collins Ted A. Berkowitz Veronique A. Urban 1320 RXR Plaza Uniondale, New York 11556 Tel: (516) 227-0700 Dated: New York, New York May 25, 2016 DLLON HOROWTZ & GOLDSTEN LLP Counsel to Creditor Driscoll By: Michael Goldstein Michael Goldstein 11 Hanover Square, 20 th Floor New York, New York 10005 Tel: (212) 248-4900 SO ORDERED. Dated: May, 2016 SEAN H. LANE UNTED STATES BANKRUPTCY JUDGE 5
Pg 8 of 11 EXHBT A
Pg 9 of 11 Debtor2 (Spouse, if filing) United States Bankruptcy Court for the:< fdill{~ District of Case number /? - 0 ~9C ' JJ Jw '7(1,/f.,L Official Form 41 0 Proof of Claim 04/16 Read the instructions before filling out this form. This form is for making a claim for payment in a bankruptcy case. Do not use this form to make a request for payment of an administrative expense. Make such a request according to 11 U.S.C. 503. Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents. Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements. Do not send original documents; they may be destroyed after scanning. f the documents are not available, explain in an attachment. A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. 152, 157, and 3571. Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received. dentify the Claim \1. Who is the current «edlto" Name of the current creditor (the person or entity to be paid for this claim) Other names the creditor used with the debtor Has this claim been acquired from someone else? ~if No []Yes. Fromwhom? ~------------------------------------------------------ 3. Where should notices and payments to the creditor be sent? Federal Rule of Bankruptcy Procedure (FRBP) 2002(g) Where should notices to the creditor be sent? Number Street Cllz;-tzfl'f Ntu. NJ 0ftJ3<t City State ZP Code Contact phone Contact email f <6 & fz7-76-eo rd s e des' ;'1"11 /1 e f (J t.). c (.t-'1. Where should payments to the creditor be sent? (if different) Name Number Street City State ZP Code Contact phone Contact email Uniform claim identifier for electronic payments in chapter 13 (if you use one): ~~.- Doe~ th~~~:-amen~lzr No -- i one already filed? [] Yes. Claim number on court claims registry (if known) Do you know if anyone else has filed a proof of claim for this claim? nno [] Yes. Who made the earlier filing? Filed on MM DD YYYY nffiri,.ll=nrm.410 Prnnf nf r.l,.im
Pg 10 of 11 Give nformation About the Claim as of the Date the Case Was Filed 6. Do you have any number you use to identify the debtor? Yes. Last 4 digits of the debtor's account or any number you use to identify the debtor: _ 17. How mooh s the cloim? $.,(g"'--{i_o--~..,_o_o_q""'----- D99s this amount include interest or other charges? 1!1 No 0 Yes. Attach statement itemizing interest, fees, expenses, or other charges required by Bankruptcy Rule 3001(c)(2)(A). a. What is the basis of the! claim? Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card. Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001 (c). Limit disclosing information that is entitled to privacy, such as health care information. 19. s all or part of the claim secured? lsf No 0 Yes. The claim is secured by a lien on property. Nature of property: 0 Real estate. f the claim is secured by the debtor's principal residence, file a Mortgage Proof of Claim Attachment (Official Form 41 0-A) with this Proof of Claim. 0 Motor vehicle 0 Other. Describe: Basis for perfection: Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example, a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or recorded.) Value of property: Amount of the claim that is secured: $. $ Amount of the claim that is unsecured: $ (The sum of the secured and unsecured amounts should match the amount in line 7.) Amount necessary to cure any default as of the date of the petition: $. Annual nterest Rate (when case was filed) % 0 Fixed 0 Variable lease?! 11. s this claim subject to a right of setoff?,j k'no 0 Yes. Amount necessary to cure any default as of the date of the petition. $ 1i(No 0 Yes. dentify the property:----------------------------
Pg 11 of 11 l12. s all or part of the claim entitled to priority under 11 U.S.C. 507(a)? 1 A claim may be partly priority and partly İ. nonpriority. For example, in some categories, the 1.'.' law limits the amount entitled to priority. 0 Yes. Check one: 0 Domestic support obligations (including alimony and child support) under 11 U.S.C. 507(a)(1 )(A) or (a)(1 )(B). 0 Up to $2,850* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use. 11 U.S.C. 507(a)(7). 0 Wages, salaries, or commissions (up to $12,850*) earned within 180 days before the bankruptcy petition is filed or the debtor's business ends, whichever is earlier. 11 U.S.C. 507(a)(4). Amount entitled to priority $. $. $. 0 Taxes or penalties owed to governmental units. 11 U.S.C. 507(a)(8). $. 0 Contributions to an employee benefit plan. 11 U.S.C. 507(a)(5). $. 0 Other. Specify subsection of 11 U.S.C. 507(a)U that applies. $. * Amounts are subject to adjustment on 4/01/19 and every 3 years after that for cases begun on or after the date of adjustment. Sign Below The person completing this proof of claim must sign and date it. FRBP 9011(b). f you file this claim electronically, FRBP 5005(a)(2) authorizes courts to establish local rules specifying what a signature is. A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. 152, 157, and 3571. Check the appropriate box: 0 am the creditor. is(" am the creditor's attorney or authorized agent. 0 am the trustee, or the debtor, or their authorized agent. Bankruptcy Rule 3004. 0 am a guarantor, surety, endorser, or other codebtor. Bankruptcy Rule 3005. understand that an authorized signature on this Proof of Claim serves as an acknowledgment that when calculating the amount of the claim, the creditor gave the debtor credit for any payments received toward the debt. have examined the information in this Proof of Claim and have a reasonable belief that the information is true and correct. declare under penalty of perjury that the foregoing is true and correct. Executed on date S' J.O 2 d ~ MM DD YYYY 8~~---- Signature / Print the name of the person who is completing and signing this claim: Name [1 { Cl{ f-()_ First name Middle name Last name Title Company dentify the corporate servicer as the company if the authorized agent is a servicer. Address ( Contact phone tj t;1..j Number Street '(; L(c.._ City )t2-2 ' " '? oo / C(7} 9f'l9ol.ffl State Email