Docket #4267 Date Filed: 11/17/2009

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

il

In

re:

MERVYN'S HOLDINGS, LLC., et.,

al., ) )
) )

) )

Chapter

11

Case Number 08-11586

(KG)

) Debtors.
) )

Jointly Administered

RESPONSE OF USDR (CLM #6015 ) TO DEBTOR'S ELEVENTH OMNIBUS OBJECTION OOCKET # 4155); DECLARATION OF NATHAN E. JONES; DECLARATION OF SERVICE

BACKGROUND
United States Debt Recovery LLC, ("USDR") a creditor via sale, and assignment
of the claims of A Plus Identification Inc., ("A Plus") claim number 6015 responds to the
debtor's Eleventh Omnibus objection to claims as follows:

1.

On July 29,2008 (the "Petition Date"), Mervyn's Holdings, LLC and its

affiliated debtors (the "Debtors") filed voluntary petitions in this Court for relief under
chapter 11 of the Bankruptcy Code.

2.

The Debtors continue to manage and operate their businesses as debtors in

possession pursuant to Bankruptcy Code sections 1107 and 1108.

0q/v)+2 $J 0811586091118000000000004

3.

On July 30, 2008, the Court appointed Kurtzman Carson Consultants LLC

("KCC") as claims, noticing, and balloting agent for the Debtors in these chapter 1l
cases. (Doc,ket#22)

4.

On December 15, 2008, this Court entered that certain Order Establishing Bar

Date for Filing Post-petition Administrative Expense Claim Request and Approving the

Form and Manner of Notice Thereof [Docket No. 1170]. The order set February
2009 at the last date for

18,

filing claims that

arose during the post-petition period.

The A Plus Administrative Priority Claim.

5.

On January 2I,2009,

A Plus timely filed its Proof of Administrative Claim

with KCC. The A Plus Claim asserts an administrative priority claim against Mervyn's
Holdings LLC and its estate (collectively, "Mervyn's") in the amount

of

$2,745.23.

KCC docketed the A Plus Claim as Claim No. 6015. The claim is based on 5 invoices,
copies of which are attached to the Declaration of Nathan E. Jones. Upon a detailed

review,

it appears that 4 of the invoices were for post-petition delivery of goods and 1

invoice in the amount of $194.85 is based on a pre-petition claim. USDR now believes that the claim should be allowed as $2,550.38 as administrative priority and $194.85 as
general unsecured. See declaration of Nathan E. Jones.

6. On or about August 20,2009, A Plus sold, transferred

and assigned its claim to

USDR. Pursuant to Bankruptcy Rule 3001(e)(2), notice was provided by the claims
agent and following such notice USDR became the holder of the claim. Docket # 3917.

7.

The debtor has filed its Eleventh Omnibus objection to various claims,

including claim number 6015 held by USDR. The objection asserts that the debtor is
unable to verify the claims according to its books and records.

8.

USDR objects to the Eleventh Omnibus Objection and asserts that the claims

are for materials purchased and delivered to the debtor (mostly post-petition). USDR has

requested from the underlying creditor,

Plus, additional documentation including,

purchase orders, delivery receipts and related supporting information

for the claim.

See

Additionally, true and correct copies

of the 5 invoices are attached hereto.

Declaration of Nathan E. Jones. Such items will supplement this objection upon receipt.

9.

USDR asserts the debtor is liable for the specific items it ordered pursuant to

contracts, purchase order and under Quantum Meruit legal theories under California law.

USDR requests the court continue this matter to obtain the documentation from A Plus
and satisfy the debtor and the court of the validity of the claim.

///

USDR requests that its counsel be permitted to appear telephonically in this case
considering the modest amount of the claim. Counsel for USDR is a licensed attorney in

good standing in the State of California, State Bar #99025, a member of the American
Bankruptcy Institute and generally familiar with Bankruptcy law and procedures.

Respectfully Submitted,

Nathan E. Jones, (CA State Bar #99025)

Attorney for United States Debt Recovery LLC PO Box 5241 Incline Village, Nevada 89450 775 832-5250 775 832-508s FAX nate@usdrllc.com

DECLARATION OF NATHAN E. JONES:

l.

I am an attorney at law, admitted to practice in the State of Califomia,

Federal Courts and

and most

all

State Court

in the State of California.

am in good

standing and my State Bar number is 99025.

I am a member of the American

Bankruptcy Institute and generally familiar with Bankruptcy law and procedures.

2.

I am the attomey for United

States Debt Recovery

LLC,

a Nevada

limited liability

company. The facts stated in the Response of USDR to Debtor's Eleventh

Omnibus Objection to Claims are true of my own personal knowledge.

requested additional and further documentation from the claim seller,

have

Plus to

substantial the administrative nature of the claim purchased by USDR indluding

delivery receipts and any contractual documents. Attached hereto

and

incorporated by reference are copies of the five invoices at issue. Although we

purchased this claim,

am unable to see the actual contents of the claim at KCC

since their claim file are not public. Thus, when I review the KCC web site and

look for a specific claim the only information

amount, and claim classification.

can obtain is the date, dollar

cannot obtain actual copies

of the claim.

Accordingly, I attached the invoices hereto. I request that the court continue this
matter for a short period to enable me to submit the additional and supporting
documentation supporting this claim.

declare under penalty of perjury that the foregoing is true and correct and that

this declaration is executed on November 16, 2009 at Incline Village, Nevada.

Nathan E. Jones

IrEXilflcifl0t
s SECAfrlrr

PtaS

A Plus lDentification lnc. 250 W. First Street, Suite 240 Claremont, CA 91711 www.aplusid.com

lnvoice
Date 9/8t2008 lnvoice #
I

386

Bill to:
Mervyns Loss Prevention Attn: Jennie Ennis-Mason MS 4008

22301Foothill Blvd Hayward, CA 94538

YMCKOK Ribbon for DTC 400 200 Prints

Free UPS Ground Shipping on Orders Over $100 Sales I'ax

Total

$l7l,o4
$o.oo

Payments/Credits
Balance

Due

$r7r.o4

Phone #
909-398-l 730

Fax#
909-398-1045

E-mail
cwright@aplusid.com

Web Site
www.aplusid.com

A Plus lDentification Inc. 250 W. First Street, Suite 240 -nrrfirriFaVot Claremont, CA 91711 www.aplusid.com

FArtS

Invoice
Date
9/8t200E

Invoice #
|

387

Bill to:
Mervyns Loss Prevention Attn: Jennie Ennis-Mason MS 4008

22301Foothill Blvd Hayward, CA 94538

YMCKOK Ribbon for DTC 400 200 Prints

Free UPS Ground Shipping on Orders Over Sales Tax
$l

00

Thank you for your business.

Total
Balance

$l7l.o4

Due

$r7r.o4

Phone #
909-398-1730

Fax#
909-398-t045

E-mail
cwright@aplusid.com

Web Site
www.aplusid.com

lnvoice
Date
t0t2012008

lnvoice #
1459

Bill to:
Mervyns Loss Prevention Attn: lennie Ennis-Mason MS 4008

22301Foothill Blvd Hayward, CA 94538

I l/19/2008

@imity
#1386) Sales Tax

Access

card (HID Model

Thank you for Your business.

Total

$l.lo4.l5
$o.oo

Paymentslcredits
Balance

Due

$r,ro4.r5

Phone #
909-398-1730

Fax#
909-398-1045

E-mail
cwright@aPlusid.com

Web Site
www.aplusid.com

gfrJl::::Ifn
Bill to:

ru

nr1Vrhtiot

P I It g l,?'i;' ff:,''3?1':T Jl,i",oo

Claremont, CA 9'17 1 1 www.aplusid.com

lnvoice
Date t0/20/2008 lnvoice #
1460

Mervyns Loss Prevention Attn: Jennie Ennis-Mason MS 4008 22301 Foothill Blvd Hayward, CA 94538

nn9t2008

ISOProx II Graphics Quality PVC, Proximity Access Card (HID Model #1386) Sales Tax

1,020.007
84.1 5

Thank you for your business.

Total

$l.lo4.l5

Balance

Due

$r.ro4.r5

Phone #
909-398- l 730

Fax#
909-398-t045

E-mail
cwright@aplusid.com

Web Site
www.aplusid.com

A Plus lDentification Inc.

Date
511212008

lnvoice
lnvoice #
I 140

f,h,I!,#rar,mrtl!,?i?"ite24o www.aplusid.com s srcailfr

Bill to:
Mervyns Loss Prevention Attn: Jennie Ennis-Mason MS 4008

22301Foothill Blvd Hayward, CA 94538

909-TR

Maxlabel Badge Reel - Round'Translucent Color' Swivel Clip Type Strap End Fitting (Royal Blue) with Mervyns Logo (white lower case m
with blue background)
Domed Label
One Time Art and Graphic Charge YMCKOK Ribbon for DTC 400 200 Prints Free UPS Ground Shipping on Orders Over Sales Tax

l.l4
0.72 45.00 79.00 0.00
8.25Yo

570.007

Dlabel
Design Time 44240
FS

360.007 45.00

l58.007
0.00
89.76

$ 100

Thank you for your busincss.

Total

$.222.76 $-t.o27.el
sre4.E5

Payments/Credits

Balance

Due

Phone #
909-398|

Fax #
909-398-l 045

E-mail
cwright@aplusid.com

Web Site
www.aplusid.com

730

CERTIFICATE OF SERVICE

I, Nathan E. Jones, hereby certify and declare under penalty of perjury that on the l6s day of November ,2009, a copy of the following documents were served:
RESPONSE OF USDR (CLM #6015) TO

DEBTOR'S ELEVENTH OMNIBUS OBJECTION (DOCKET #4155); DECLARATION OF NATHAN E. JONES;

By electronic notification through CM/ECF System for the United States bankruptcy
Court for the District of Delaware and via Federal Express for delivery by Novembet 17, 2009 to: Mark D. Collins Daniel J. DeFranceschi Christopher M. Samis Katisha D. Fortune RICHARD LAYTON & FINGER P.A. One Rodney Squire 920 North king St. Wilmington Delaware 1 9801 Howard S. Beltzer Wendy S. Walker MORGAN LEWIS & BOCKIUS LLP 101 Park Ave. New York New York 10178-0060

DECLARATION OF SERVICE

declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed on November 16, 2009 at Incline Village, Nevada.