Case 09-00634-BGC11 Doc 1326 Filed 08/05/09 Entered 08/05/09 16:16:26 Desc Main Document Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION In re: BFW LIQUIDATION, LLC, f/k/a Bruno s Supermarkets, LLC, ) ) ) ) ) Debtor. ) ) Case No. 09-00634-BGC-11 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS (I) SUPPLEMENT TO MOTION FOR STANDING TO FILE PROOF OF CLAIM IN THE BI-LO, LLC BANKRUPTCY CASES AND (II) PROPOSED PROOF OF CLAIM FOR FILING IN THE BI-LO, LLC CASES COMES NOW, The Official Committee of Unsecured Creditors (the Committee ) of BFW Liquidation, LLC f/k/a Bruno s Supermarkets, LLC (the Debtor or Bruno s ), and files this its (I) Supplement to Motion for Standing to File Proof of Claim in the BI-LO, LLC Bankruptcy Cases [Docket No. 1270] (the Motion ) and (II) Proposed Proof of Claim for Filing in the BI-LO, LLC Cases against BI-LO, LLC and its affiliates (collectively, BI-LO ). 1 In support hereof, the Committee respectfully states as follows: 1. After filing the Motion, the Committee provided the Debtor with a draft of the proof of claim that the Committee intends to file against BI-LO. Despite requests to the Debtor, the Committee has not yet received a copy of the proof of claim that the Debtor proposes to file in the BI-LO cases. 2. Since filing the Motion, the Committee has continued its investigation of the prepetition transactions between the Debtor and BI-LO. As a result of this investigation, the Committee has discovered additional claims against BI-LO resulting from, without limitation, amounts that were transferred from the Debtor to BI-LO during the avoidance period and which 1 The BI-LO bankruptcy cases are pending in the U.S. Bankruptcy Court for the District of South Carolina, Case Nos. 09-2140 et seq. ATL 17,217,271v1 8-5-09
Case 09-00634-BGC11 Doc 1326 Filed 08/05/09 Entered 08/05/09 16:16:26 Desc Main Document Page 2 of 4 constitute preferential and/or fraudulent transfers. These claims, as well as those identified in the Motion, are incorporated into the draft proof of claim attached hereto as Exhibit A (the Proof of Claim ). Among other changes, the Proof of Claim incorporates additional claims against BI- LO, and asserts a claim in an amount in excess of $33.35 million, plus other unliquidated amounts. 3. The Committee s investigation is ongoing and, accordingly, it reserves the right to file a different version of a proof of claim in the BI-LO cases if the Court grants the Motion. 4. The Proof of Claim, or a substantially similar proof of claim incorporating all of the claims asserted therein, must be filed in the BI-LO cases to preserve the rights of the Debtor s bankruptcy estates. 5. Additionally, because the Committee s investigation is ongoing, it should be granted blanket standing to file a different version of the Proof of Claim should the investigation reveal other claims against BI-LO as well as for the additional relief requested in the Motion. The fact that the ongoing investigation may reveal additional claims highlights the need for the Committee to have standing to file the claim because there is no assurance that the Debtor would amend the claim prior to the August 13, 2009 bar date to protect the interests of this estate. 6. While the Debtor asserts that it will file a proof of claim in the BI-LO cases before the August 13 bar date, as of the date of the filing of this Supplement, no proof of claim has been filed and there remains a substantial risk that it will fail to file a claim which will incorporate all of this estate s claims against BI-LO. [The remainder of the page has been intentionally left blank.] ATL 17,217,271v1 8-5-09 2
Case 09-00634-BGC11 Doc 1326 Filed 08/05/09 Entered 08/05/09 16:16:26 Desc Main Document Page 3 of 4 WHEREFORE, the Committee respectfully requests that this Court enter an order granting the Committee standing to file a claim or claims in the BI-LO bankruptcy cases, to file an adversary proceeding 2 or counterclaim in this case to prosecute the estate s claims, and granting such other and further relief to the Committee as may be just and proper under the circumstances. Respectfully submitted this 5 th day of August, 2009. GREENBERG TRAURIG, LLP /s/ John D. Elrod James R. Sacca John D. Elrod Greenberg Traurig, LLP 3290 Northside Parkway, N.W, Suite 400 Atlanta, Georgia 30327 (678) 553-2685 (678) 553-2686 Facsimile saccaj@gtlaw.com elrodj@gtlaw.com Counsel to the Official Committee of Unsecured Creditors 2 The Committee acknowledges that it would have to obtain relief from the automatic stay in BI-LO s bankruptcy cases to seek affirmative relief against BI-LO through an adversary proceeding. ATL 17,217,271v1 8-5-09 3
Case 09-00634-BGC11 Doc 1326 Filed 08/05/09 Entered 08/05/09 16:16:26 Desc Main Document Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing pleading on the Master Service List maintained in this case on August 5 th, 2009 via Notice of Electronic Filing or by U.S. Mail as indicated. Dated this 5 th day of August, 2009. Greenberg Traurig, LLP The Forum, Suite 400 3290 Northside Parkway, N.W Atlanta, Georgia 30327 (678) 553-2259 (678) 553-2269 Facsimile elrodj@gtlaw.com /s/ John D. Elrod John D. Elrod ATL 17,217,271v1 8-5-09 4
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