HONORABLE KAREN A. OVERSTREET HEARING DATE: FRIDAY, DECEMBER, HEARING TIME: :0 A.M. LOCATION: SEATTLE, COURTROOM RESPONSES DUE: FRIDAY, NOVEMBER, In re TC GLOBAL, INC., UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Debtor. No. - AMENDED OBJECTION TO PROOF OF CLAIM NO. FILED BY MJ ENTERPRISES, INC. (STORE NO. 0), NOTICE OF HEARING AND CERTIFICATE OF SERVICE OBJECTION TO CLAIM AND NOTICE OF HEARING TC Global, Inc., Debtor, debtor-in-possession herein, has filed an amended objection to your claim in this bankruptcy case. Your claim may be reduced, modified, or eliminated. You should read these papers carefully and discuss them with your attorney, if you have one. If you do not want the court to eliminate or change your claim, then you or your attorney must file with the Court on or before Friday, November, a written response to the objection, explaining your position. If your written response is mailed to the court for filing, you must mail it early enough so that the court will receive it on or before the date stated above; mail to the following address: U.S. Bankruptcy Court Clerk, 00 Stewart St., #01, Seattle, WA 1-1 You must also mail a copy to the undersigned attorney at the address provided below. AMENDED OBJECTION TO PROOF OF CLAIM NO. FILED BY MJ ENTERPRISES, INC. (STORE NO. 0), Page 1 1 yjgb0dg Seattle, Washington 1- Telephone () - Facsimile () -0 Case --KAO Doc Filed // Ent. // 0:: Pg. 1 of
Christine M. Tobin-Presser Bush Strout & Kornfeld LLP, #000 Seattle, WA 1- Email: ctobin@bskd.com The above-named creditor/claimant's claim(s) is objected to upon the grounds indicated below: TC Global, Inc. ( Debtor ), debtor-in-possession herein, objects to Proof of Claim No. ( POC ) filed by MJ Enterprises, Inc. ( Lessor ), for the reasons stated herein. This Objection is based upon the files and records herein and the accompanying Declaration of Catherine Campbell. A. The Lease I. BACKGROUND FACTS AND BASIS FOR OBJECTION The Debtor formerly leased real property located at North 0 th Street, Tacoma, WA ( Premises ) from Lessor pursuant to the Lease attached as Exhibit A to the Campbell Declaration. B. Lease Termination, Rejection and Lessor s POC Calculation On September,, Lessor served the Debtor with a Three Day Notice to Pay Rent or Quit indicating that, if the amounts set forth therein were not paid within three days, the Debtor must then forfeit the Premises. Campbell Decl., Ex. B. The Debtor undertook steps to vacate the premises. The Debtor filed its Chapter bankruptcy on October, ( Petition Date ) and in an abundance of caution, on October,, obtained approval to reject the Lease as of the Petition Date. Docket No.. At that time, there were approximately.0 months remaining on the Lease term. Campbell Decl. The Lessor filed its POC consisting of the following three components: Asserted Due Date Amount Rejection claim from /1/-/1/ $,. Prepetition Charges (including attorneys fees, late $,. fees and utilities) Costs associated with replacement Tenant $0,0.00 Total: $0,. C. Bases for Debtor s Objection The Lease was terminated effective September,. Debtor disagrees that August rent was unpaid. AMENDED OBJECTION TO PROOF OF CLAIM NO. FILED BY MJ ENTERPRISES, INC. (STORE NO. 0), Page 1 yjgb0dg Seattle, Washington 1- Telephone () - Facsimile () -0 Case --KAO Doc Filed // Ent. // 0:: Pg. of
1. Pre-Termination Claim Lessor has a claim for pre-termination rent from September 1, to September, in the amount of $1,.0 ( days of per diem rent at the monthly rate of $,.. ). Lessor s 0(b)() Termination Claim Lessor s 0(b)() termination claim is capped at the lesser of a) % or one year of rent reserved under the lease and b) actual damages. Using the figures in Lessor s proof of claim, actual damages would consist of unpaid rent from September, through April 1, in the amount of $,. ($,. per Lessor s claim less August rent of $,.), plus $,. in costs associated with termination of the lease on September,, plus $0,0 in costs associated with securing a replacement tenant for a total of $,.0. On the other hand, one year of rent reserved under the lease would be $,1.0, calculated as follows: From To # Months // /0/.,.,.1 /1/ //.,.0,. Total,1.0 One year of rent reserved under the lease is the lesser of the two methods and is the only termination claim to which the Lessor is entitled. II. CONCLUSION The Debtor respectfully requests that the Court allow Lessor s claim in the amount of $1,. ($1,.0+ $,1.0). The Debtor further requests that the Court disallow any further claim in favor of the Lessor. A hearing on the amended objection has been scheduled in this matter, said date and time being set as follows: Friday, December, at :0 a.m. in Courtroom, U.S. Bankruptcy Court, at the address stated above. You or your attorney must attend. AMENDED OBJECTION TO PROOF OF CLAIM NO. FILED BY MJ ENTERPRISES, INC. (STORE NO. 0), Page 1 yjgb0dg Seattle, Washington 1- Telephone () - Facsimile () -0 Case --KAO Doc Filed // Ent. // 0:: Pg. of
IF YOU OR YOUR ATTORNEY DO NOT TAKE THE STEPS AS CHECKED OFF ABOVE, THE COURT MAY DECIDE THAT YOU DO NOT OPPOSE THE OBJECTION TO YOUR CLAIM. DATED this th day of October,. By /s/ Christine M. Tobin-Presser Christine M. Tobin-Presser, WSBA # Attorneys for TC Global, Inc., Debtor AMENDED OBJECTION TO PROOF OF CLAIM NO. FILED BY MJ ENTERPRISES, INC. (STORE NO. 0), Page 1 yjgb0dg Seattle, Washington 1- Telephone () - Facsimile () -0 Case --KAO Doc Filed // Ent. // 0:: Pg. of
CERTIFICATE OF MAILING I certify that on this th day of October,, at Seattle, Washington, I caused copies of the Amended Objection to Claim No. filed by MJ Enterprises, Inc. (Store No. 0), Notice of Hearing and Certificate of Mailing to be mailed by first-class mail, postage pre-paid to: Chris Allen, Atty for MJ Enterprises, Inc. Morton McGoldrick P.O. Box Tacoma, WA 01 I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. /s/ Vivian Braxton Vivian Braxton Legal Assistant at Bush Strout & Kornfeld LLP AMENDED OBJECTION TO PROOF OF CLAIM NO. FILED BY MJ ENTERPRISES, INC. (STORE NO. 0), Page 1 yjgb0dg Seattle, Washington 1- Telephone () - Facsimile () -0 Case --KAO Doc Filed // Ent. // 0:: Pg. of
In re TC GLOBAL, INC., UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Debtor. No. - [PROPOSED] ORDER WITH RESPECT TO DEBTOR'S AMENDED OBJECTION TO PROOF OF CLAIM NO. FILED BY MJ ENTERPRISES, INC. (STORE NO. 0) THIS MATTER came before the Court upon the Amended Objection to Proof of Claim No. filed by MJ Enterprises, Inc. (Store No. 0) ( Objection ) filed by TC Global, Inc. ( Debtor ), debtor-in-possession herein. Capitalized terms herein shall have the meaning identified in the Objection unless otherwise noted. The Court has reviewed the files and records herein and finds that cause exists for the requested relief. Now, therefore, it is hereby ORDERED: 1. That the Objection is sustained;. That the Lessor holds an allowed claim in the amount of $1,.; and. All other claims on behalf of Lessor are disallowed. ORDER WITH RESPECT TO DEBTOR'S AMENDED OBJECTION TO PROOF OF CLAIM NO. FILED BY MJ ENTERPRISES, INC. (STORE NO. 0) Page 1 1 yi0ks.00 Seattle, Washington 1- Telephone () - Facsimile () -0 Case --KAO Doc -1 Filed // Ent. // 0:: Pg. 1 of
Presented by: / / /End of Order/ / / By Christine M. Tobin-Presser, WSBA # Attorneys for TC Global, Inc. ORDER WITH RESPECT TO DEBTOR'S AMENDED OBJECTION TO PROOF OF CLAIM NO. FILED BY MJ ENTERPRISES, INC. (STORE NO. 0) Page 1 yi0ks.00 Seattle, Washington 1- Telephone () - Facsimile () -0 Case --KAO Doc -1 Filed // Ent. // 0:: Pg. of