10000018861

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDERS INC.
,1 et al., Chapter 11 Case No. 11-11795 (KG) Jointly Administered Debtors.

Objection Deadline: January 6, 2012 at 4:00 p.m. (ET) Hearing Date: January 19, 2012 at 9:30 a.m. (ET)
NOTICE OF REORGANIZED DEBTORS SEVENTH (7TH) OMNIBUS (SUBSTANTIVE) OBJECTION TO CLAIMS PURSUANT TO SECTION 502(b) OF THE BANKRUPTCY CODE, BANKRUPTCY RULES 3003 AND 3007 AND LOCAL RULE 3007-1 TO: (I) THE U.S. TRUSTEE; (II) COUNSEL TO THE CLAIMS ADMINISTRATOR; (III) COUNSEL TO THE AGENT FOR THE DEBTORS PRE-PETITION CREDIT FACILITY AND POST-PETITION DEBTOR-INPOSSESSION FINANCING FACILITY; (IV) COUNSEL TO THE INDENTURE TRUSTEE FOR THE SENIOR SECURED NOTES; (V) COUNSEL TO THE INDENTURE TRUSTEE FOR THE SENIOR NOTES; (VI) COUNSEL TO THE RESTRUCTURING SUPPORT PARTIES; (VII) CLAIMANTS WHOSE DISPUTED CLAIMS ARE SUBJECT TO THE OBJECTION; AND (VIII) ALL PARTIES THAT, AS OF THE FILING OF THE OBJECTION, HAVE REQUESTED NOTICE IN THESE CHAPTER 11 CASES PURSUANT TO BANKRUPTCY RULE 2002.
PLEASE TAKE NOTICE that Perkins & Marie Callenders, LLC and its affiliated Reorganized Debtors2 have filed the attached Seventh (7th) Omnibus (Substantive) Objection to Claims Pursuant to Section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and 3007 and Local Rule 3007-1 (the Objection) with the United States Bankruptcy Court for the District of Delaware (the Bankruptcy Court). PLEASE TAKE FURTHER NOTICE that any responses (each, a Response) to the relief requested in the Objection must be filed on or before January 6, 2012 at 4:00 p.m. (ET) (the Response Deadline) with the United States Bankruptcy Court for the District of
The Debtors, together with the last four digits of each Debtors federal tax identification number, are: Perkins & Marie Callenders Inc. (4388); Perkins & Marie Callenders Holding Inc. (3999); Perkins & Marie Callenders Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119.
2
1
Reorganized Debtors and Debtors shall have the meaning ascribed to such terms in the Debtors Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code.
01: 11662678.1
070242.1001
Delaware, 824 N. Market Street, 3rd Floor, Wilmington, Delaware 19801. At the same time, any party submitting a Response (each, a Respondent) must serve a copy of its Response upon the undersigned counsel to the Reorganized Debtors so as to be received on or before the Response Deadline. PLEASE TAKE FURTHER NOTICE that any Response must contain, at a minimum, the following: (a) a caption setting forth the name of the Bankruptcy Court, the case number and the title of the Objection to which the Response is directed; (b) the name of the Respondent and a description of the basis for the amount and classification asserted in the Disputed Claim (as defined in the Objection), if applicable; (c) a concise statement setting forth the reasons why the Disputed Claim should not be disallowed or modified for the reasons set forth in the Objection, including, but not limited to, the specific factual and legal bases upon which the Respondent will rely in opposing the Objection; (d) all documentation or other evidence of the Disputed Claim or asserted amount and classification, to the extent not included with the proof of claim previously filed with the Bankruptcy Court, upon which the Respondent will rely in opposing the Objection at the Hearing (as defined below); (e) the address(es) to which the Reorganized Debtors must return any reply to the Response; and (f) the name, address and telephone number of the person (which may be the claimant or its legal representative) possessing ultimate authority to reconcile, settle or otherwise resolve the Disputed Claim and/or the Response on behalf of the Respondent. PLEASE TAKE FURTHER NOTICE THAT A HEARING (THE HEARING) TO CONSIDER THE OBJECTION WILL BE HELD ON JANUARY 19, 2012 AT 9:30 A.M. (ET) BEFORE THE HONORABLE KEVIN GROSS IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE, 824 N. MARKET STREET, 6TH FLOOR, COURTROOM #3, WILMINGTON, DELAWARE 19801.
2
01: 11662678.1 070242.1001
PLEASE TAKE FURTHER NOTICE THAT IF YOU FAIL TO RESPOND TO THE OBJECTION IN ACCORDANCE WITH THIS NOTICE, THE COURT MAY GRANT THE RELIEF REQUESTED THEREIN WITHOUT FURTHER NOTICE OR A HEARING. Dated: December 20, 2011 Wilmington, DE YOUNG CONAWAY STARGATT & TAYLOR, LLP By: /s/ Robert F. Poppiti, Jr. Robert S. Brady (No. 2847) Robert F. Poppiti, Jr. (No. 5052) The Brandywine Building, 1000 West Street, 17th Floor Wilmington, DE 19801 Telephone: (302) 571-6600 Facsimile: (302) 571-1253 - AND TROUTMAN SANDERS LLP Mitchel H. Perkiel Hollace T. Cohen Brett D. Goodman The Chrysler Building, 405 Lexington Avenue New York, NY 10174 Telephone: (212) 704-6000 Facsimile: (212) 704-6288 COUNSEL FOR THE REORGANIZED DEBTORS
3
01: 11662678.1 070242.1001
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDERS INC.,1 et al., Chapter 11 Case No. 11-11795 (KG) Jointly Administered Debtors.
Objection Deadline: January 6, 2012 at 4:00 p.m. (ET) Hearing Date: January 19, 2012 at 9:30 a.m. (ET)
REORGANIZED DEBTORS SEVENTH (7TH) OMNIBUS (SUBSTANTIVE) OBJECTION TO CLAIMS PURSUANT TO SECTION 502(b) OF THE BANKRUPTCY CODE, BANKRUPTCY RULES 3003 AND 3007 AND LOCAL RULE 3007-1 Perkins & Marie Callenders, LLC and its affiliated Reorganized Debtors,2 by and through their undersigned counsel, hereby submit this objection (the Objection), pursuant to section 502(b) of title 11 of the United States Code, 11 U.S.C. 101 et seq. (the Bankruptcy Code), Rules 3003 and 3007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), and Rule 3007-1 of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware (the Local Rules), to each of the claims (collectively, the Disputed Claims) listed on Exhibits A and B to the proposed form of order (the Proposed Order) attached hereto as Exhibit 2, and request the entry of the Proposed Order disallowing and expunging in full or modifying each of the Disputed Claims, as indicated in further detail below and on Exhibits A and B to the Proposed Order. In support of this Objection, the Reorganized Debtors rely on the Declaration of Karen Larson-Young in Support of the Reorganized Debtors Seventh (7th) Omnibus (Substantive) Objection to Claims Pursuant
The Debtors, together with the last four digits of each Debtors federal tax identification number, are: Perkins & Marie Callenders Inc. (4388); Perkins & Marie Callenders Holding Inc. (3999); Perkins & Marie Callenders Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119. Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Plan (as hereinafter defined).
2 1
01: 11662678.1
070242.1001
to Section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and 3007 and Local Rule 3007-1 (the Larson-Young Declaration), a copy of which is attached hereto as Exhibit 1. In further support of this Objection, the Reorganized Debtors respectfully represent as follows: Jurisdiction and Venue 1. This Court has jurisdiction to consider this Objection under 28 U.S.C. 157 and
1334. This is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). 2. Venue of the above-captioned chapter 11 cases and this Objection are proper in
this District pursuant to 28 U.S.C. 1408 and 1409. 3. The statutory predicates for the relief requested herein are section 502(b) of the
Bankruptcy Code, Bankruptcy Rules 3003 and 3007, and Local Rule 3007-1. General Background 4. On June 13, 2011 (the Petition Date), each of the Debtors filed a voluntary
petition for relief under chapter 11 of the Bankruptcy Code, and each thereby commenced chapter 11 cases (collectively, the Chapter 11 Cases) in this Bankruptcy Court (the Court). No request has been made for the appointment of a trustee or examiner, and subsequent to the Petition Date, the Debtors continued to operate their businesses and manage their properties as debtors-in-possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. On June 24, 2011, the Office of the United States Trustee for the District of Delaware (the U.S. Trustee) appointed an Official Committee of Unsecured Creditors (the Committee) in the Chapter 11 Cases. 5. On September 9, 2011, the Debtors filed the Debtors Second Amended
Disclosure Statement for Debtors Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code [Docket No. 923] (including all exhibits thereto and as may be amended, modified or supplemented from time to time, the Disclosure Statement). That same 2
01: 11662678.1 070242.1001
day, the Court entered an order [Docket No. 935] approving the Disclosure Statement as containing adequate information within the meaning of section 1125 of the Bankruptcy Code. 6. On November 1, 2011, this Court entered an order [Docket No. 1287] confirming
the Debtors Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code (including all exhibits thereto and as may be amended, modified, or supplemented from time to time, and as supplemented by the Plan Supplement, the Plan) pursuant to section 1129 of the Bankruptcy Code and Bankruptcy Rule 3020. 7. 1370]. 8. Additional information about the Debtors businesses, the events leading up to the The Effective Date of the Plan occurred on November 30, 2011 [Docket No.
Petition Date, and the facts and circumstances surrounding the Debtors and the Chapter 11 Cases can be found in the Declaration of Joseph F. Trungale in Support of Debtors Chapter 11 Petitions and First Day Motions [Docket No. 19] filed on the Petition Date and incorporated by reference herein. Debtors Schedules 9. On July 11, 2011, each of the Debtors filed their Schedules of Assets and
Liabilities [Docket Nos. 182, 184, 186, 188, 190, 192, 194, 196, 198, 200, 202, and 204] and on August 17, 2011, Debtors Perkins & Marie Callenders Inc. (f/k/a The Restaurant Company) and Marie Callender Pie Shops, Inc. amended theirs [Docket Nos. 745 and 750] (collectively, as amended, the Schedules). Bar Date and Proofs of Claim 10. On June 13, 2011, this Court entered an order [Docket No. 36] appointing Omni
Management Group, LLC (Omni) as the claims, balloting and noticing agent in these Chapter 11 Cases. Omni is authorized to maintain (i) all proofs of claim filed against the Debtors in these 3
01: 11662678.1 070242.1001
bankruptcy proceedings and (ii) an official claims register (the Claim Register) by docketing all proofs of claim in a claims database containing, among other things, information regarding the name and address of each claimant, the date the proof of claim was received by Omni, the claim number assigned to the proof of claim, and the asserted amount and classification of the claim. 11. On July 9, 2011, this Court entered an order [Docket No. 174] (the Bar Date
Order) (i) establishing August 16, 2011 at 4:00 p.m. (prevailing Eastern Time) (the General Bar Date) as the final date and time for filing proofs of claim against the Debtors estates on account of claims (including, without limitation, any secured claims, priority claims, and claims under section 503(b)(9) of the Bankruptcy Code) which arose on or prior to the Petition Date, and (ii) approving the form and manner of notice of the Bar Date (as defined below). 12. Therein, the Court also established December 12, 2011 at 4:00 p.m. (prevailing
Eastern Time) (the Government Bar Date) as the final date and time for any governmental unit to file a proof of claim against the Debtors estates on account of any claims that arose prior to or on the Petition Date. 13. Additionally, pursuant to the Bar Date Order, any person or entity asserting a
claim (each, a Rejection Damages Claim) against the Debtors estates in connection with the Debtors rejection of an executory contract or unexpired lease under section 365 of the Bankruptcy Code is required to file a proof of claim on or before the later of (i) the General Bar Date or (ii) 4:00 p.m. (prevailing Eastern Time) on the date that is thirty (30) days following the entry of the order approving the rejection of such executory contract or unexpired lease pursuant to which the person or entity asserting the Rejection Damages Claim is a party (the Rejection Bar Date). 14.
01: 11662678.1
The Bar Date Order also provided that if the Debtors amend or supplement their 4
070242.1001
Schedules subsequent to the date of service of the Bar Date Notice (as defined in the Bar Date Order), the Debtors shall give notice of any such amendment or supplement to the holders of claims affected thereby, and such holders shall be afforded the later of (i) the General Bar Date and (ii) twenty-one (21) days from the date on which such notice is given, to file proofs of claim in these Chapter 11 Cases in respect of their claims (together with the General Bar Date, the Government Bar Date and the Rejection Bar Date, collectively, the Bar Date). 15. Pursuant to the Bar Date Order, the Bar Date Notice, together with a proof of
claim form, was served by first-class mail no later than two (2) calendar days after entry of the Bar Date Order on: (i) the U.S. Trustee; (ii) counsel to the Committee; (iii) all known holders of claims listed on the Schedules at the addresses stated therein; (iv) all parties known to the Debtors as having potential claims against any of the Debtors estates (as of the date of the entry of the Bar Date Order) and their counsel (if known); (v) all parties who have requested notice pursuant to Bankruptcy Rule 2002 (as of the date of the entry of the Bar Date Order); (vi) all known equity security holders of the Debtors; (vii) counsel to the agent for the Debtors prepetition Credit Facility and post-petition DIP Facility; (viii) counsel to the indenture trustee for the Senior Secured Notes; (ix) counsel to the indenture trustee for the Senior Notes; (x) counsel to the Restructuring Support Parties; (xi) all counterparties to any of the Debtors executory contracts and unexpired leases listed on the Schedules at the addresses stated therein; (xii) the attorneys of record to all parties to pending litigation against any of the Debtors (as of the date of the entry of the Bar Date Order); (xiii) the Internal Revenue Service, the United States Attorneys Office for the District of Delaware, and all taxing authorities for the jurisdictions in which the Debtors do business; and (xiv) the Securities and Exchange Commission [see Docket Nos. 276 and 280]. 16.
01: 11662678.1
In addition, in accordance with the Bar Date Order, the Publication Notice (as 5
070242.1001
defined in the Bar Date Order) was published in the USA Today on July 21, 2011 [see Docket No. 380]. 17. Pursuant to Article VIII.D of the Plan and Paragraph 27 of the Confirmation
Order, any and all Claims for damages arising from the rejection of an executory contract or unexpired lease must be filed with the Court in accordance with the terms of the Final Order authorizing such rejection, but in no event later than December 30, 2011 at 4:00 p.m. (prevailing Eastern Time), except for any such Claims on account of an executory contract or unexpired lease rejected pursuant to Article VIII.B of the Plan. Relief Requested 18. By this Objection, the Reorganized Debtors request the Court to enter the
Proposed Order, pursuant to section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and 3007 and Local Rule 3007-1, disallowing and expunging in full or modifying each of the Disputed Claims, as indicated in further detail below and on Exhibits A and B to the Proposed Order. 19. In accordance with Local Rule 3007-1(e)(i)(E), the Reorganized Debtors believe
that this Objection complies in all respects with Local Rule 3007-1. Objection A. 20. MODIFIED AMOUNT CLAIMS The claimants asserting the claims identified under the column titled Claim
Amount/Classification on Exhibit A to the Proposed Order (collectively, the Modified Amount Claims) asserted an amount that was higher than the amount of liability reflected in the books and records of the Debtors. As a result, the amount of these claims should be modified by reducing the amount to the dollar values listed under the column titled Modified Claim Amount/Classification on Exhibit A to the Proposed Order. Any failure to modify the Modified 6
01: 11662678.1 070242.1001
Amount Claims in this manner would result in the applicable claimants receiving an unwarranted recovery against the Debtors estates, to the detriment of other creditors in these chapter 11 proceedings. 21. Accordingly, the Reorganized Debtors hereby object to the Modified Amount
Claims and request the Court to enter the Proposed Order reducing the value of the Modified Amount Claims, as provided for on Exhibit A to the Proposed Order. B. 22. NO LIABILITY CLAIMS After reconciling each of the Disputed Claims against the Debtors books and
records, the Reorganized Debtors have determined that the Debtors are not liable with respect to the claims identified on Exhibit B to the Proposed Order under the column titled Claim Amount/Classification (collectively, the No Liability Claims). Upon review of the No
Liability Claims, the Reorganized Debtors simply cannot justify these claims as valid. Thus, the Reorganized Debtors believe that the No Liability Claims should be disallowed and expunged in their entirety. Any failure to disallow such claims would result in the applicable claimants receiving an unwarranted recovery against the Debtors estates, to the detriment of other creditors in these Chapter 11 Cases. 23. Accordingly, the Reorganized Debtors hereby object to the No Liability Claims
and request the Court to enter the Proposed Order disallowing and expunging in full each of the No Liability Claims, as provided for on Exhibit B to the Proposed Order. Reservation of Rights 24. The Reorganized Debtors and the Debtors and their estates reserve any
and all rights to amend, supplement or otherwise modify this Objection and to file additional objections to any and all claims filed in these Chapter 11 Cases, including, without limitation, any and all of the Disputed Claims. The Reorganized Debtors and the Debtors and their estates 7
01: 11662678.1 070242.1001
also reserve any and all rights, claims and defenses with respect to any and all of the Disputed Claims, and nothing included in or omitted from this Objection shall impair, prejudice, waive or otherwise affect any such rights, claims and defenses. Notice 25. The Reorganized Debtors will serve notice of this Objection upon: (i) the
U.S. Trustee; (ii) counsel to the Claims Administrator; (iii) counsel to the agent for the Debtors pre-petition Credit Facility and post-petition debtor-in-possession financing facility; (iv) counsel to the indenture trustee for the Senior Secured Notes; (v) counsel to the indenture trustee for the Senior Notes; (vi) counsel to the Restructuring Support Parties; (vii) claimants whose Disputed Claims are subject to this Objection; and (viii) all parties that, as of the filing of this Objection, have requested notice in these Chapter 11 Cases pursuant to Bankruptcy Rule 2002. In light of the nature of the relief requested, the Reorganized Debtors submit that no other or further notice is necessary. Remainder of page intentionally left blank
8
01: 11662678.1 070242.1001
Conclusion WHEREFORE, the Reorganized Debtors respectfully request that the Court enter an order, substantially in the form attached hereto as Exhibit 2, granting the relief requested herein and such other and further relief as the Court may deem just and proper. Dated: December 20, 2011 Wilmington, DE YOUNG CONAWAY STARGATT & TAYLOR, LLP By: /s/ Robert F. Poppiti, Jr. Robert S. Brady (No. 2847) Robert F. Poppiti, Jr. (No. 5052) The Brandywine Building, 1000 West Street, 17th Floor Wilmington, DE 19801 Telephone: (302) 571-6600 Facsimile: (302) 571-1253 - AND TROUTMAN SANDERS LLP Mitchel H. Perkiel Hollace T. Cohen Brett D. Goodman The Chrysler Building, 405 Lexington Avenue New York, NY 10174 Telephone: (212) 704-6000 Facsimile: (212) 704-6288 COUNSEL FOR THE REORGANIZED DEBTORS
9
01: 11662678.1 070242.1001
EXHIBIT 1 Larson-Young Declaration
01: 11662678.1
070242.1001
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDERS INC.,1 et al., Chapter 11 Case No. 11-11795 (KG) Jointly Administered Debtors.
DECLARATION OF KAREN LARSON-YOUNG IN SUPPORT OF THE REORGANIZED DEBTORS SEVENTH (7TH) OMNIBUS (SUBSTANTIVE) OBJECTION TO CLAIMS PURSUANT TO SECTION 502(b) OF THE BANKRUPTCY CODE, BANKRUPTCY RULES 3003 AND 3007 AND LOCAL RULE 3007-1 I, KAREN LARSON-YOUNG, pursuant to 28 U.S.C. 1746, hereby declare: 1. I am a Vice President, Finance of Perkins & Marie Callenders, LLC, one of the
Reorganized Debtors.2 In this capacity I am generally familiar with the Debtors day-to-day operations, businesses, financial affairs and books and records. 2. In this capacity, I am one of the individuals primarily responsible for overseeing I have read the
the claims reconciliation and objection process in the Chapter 11 Cases.
Reorganized Debtors Seventh (7th) Omnibus (Substantive) Objection to Claims Pursuant to Section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and 3007 and Local Rule 30071 (the Objection), and am directly, or by and through other personnel or agents of the Reorganized Debtors, reasonably familiar with the information contained therein, the proposed form of order (the Proposed Order) approving the relief requested in the Objection, and the
The Debtors, together with the last four digits of each Debtors federal tax identification number, are: Perkins & Marie Callenders Inc. (4388); Perkins & Marie Callenders Holding Inc. (3999); Perkins & Marie Callenders Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119. Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the Objection (as hereinafter defined).
2
01: 11662678.1
070242.1001
exhibits attached to the Proposed Order. I am authorized to execute this Declaration on behalf of the Reorganized Debtors. 3. Considerable resources and time have been expended in reviewing and
reconciling the proofs of claim filed or pending against the Debtors and their estates in these Chapter 11 Cases. The claims were carefully reviewed and analyzed in good faith utilizing due diligence by the appropriate personnel, including the claims agent in the Chapter 11 Cases, Omni Management Group, LLC. These efforts resulted in the identification of the Modified Amount Claims and the No Liability Claims, as defined in the Objection and identified on Exhibits A and B to the Proposed Order, respectively. 4. The information contained on Exhibits A and B to the Proposed Order is true and
correct to the best of my knowledge, information and belief. 5. After a review of the Debtors books and records, the Reorganized Debtors have
determined that in order to prevent the claimants asserting the Modified Amount Claims from receiving an unwarranted recovery against the Debtors estates, to the detriment of other creditors in these Chapter 11 Cases, it is necessary to reduce in value the Modified Amount Claims, as provided for on Exhibit A to the Proposed Order. 6. The Reorganized Debtors have reviewed the Debtors books and records and
determined that the Debtors have no record of any liability on account of the No Liability Claims identified on Exhibit B to the Proposed Order. Accordingly, to prevent the claimants from receiving an unwarranted recovery, the Reorganized Debtors seek to expunge and disallow in full the No Liability Claims.
2
01: 11662678.1 070242.1001
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge, information and belief. Executed on December 20, 2011 /s/ Karen Larson-Young Karen Larson-Young Vice President, Finance
3
01: 11662678.1 070242.1001
EXHIBIT 2 Proposed Order
01: 11662678.1
070242.1001
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDERS INC.,1 et al., Chapter 11 Case No. 11-11795 (KG) Jointly Administered Debtors. Ref. Docket No. ______
ORDER SUSTAINING REORGANIZED DEBTORS SEVENTH (7TH) OMNIBUS (SUBSTANTIVE) OBJECTION TO CLAIMS PURSUANT TO SECTION 502(b) OF THE BANKRUPTCY CODE, BANKRUPTCY RULES 3003 AND 3007 AND LOCAL RULE 3007-1 Upon consideration of the Seventh (7th) Omnibus (Substantive) Objection to Claims Pursuant to Section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and 3007 and Local Rule 3007-1 (the Objection)2 of Perkins & Marie Callenders, LLC and its affiliated Reorganized Debtors for the entry of an order, pursuant to section 502(b) of title 11 of the United States Code, 11 U.S.C. 101 et seq. (the Bankruptcy Code), Rules 3003 and 3007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), and Rule 3007-1 of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware (the Local Rules), disallowing and expunging in full or modifying each of the Disputed Claims identified on Exhibits A and B attached hereto; and it appearing that due and sufficient notice of the Objection has been given under the circumstances; and after due deliberation and upon the Courts determination that the relief requested in the Objection is in
The Debtors, together with the last four digits of each Debtors federal tax identification number, are: Perkins & Marie Callenders Inc. (4388); Perkins & Marie Callenders Holding Inc. (3999); Perkins & Marie Callenders Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Objection.
2
01: 11662678.1
070242.1001
the best interests of the Reorganized Debtors, the Debtors, their estates and creditors and other parties in interest; and sufficient cause appearing for the relief requested in the Objection, it is hereby ORDERED, ADJUDGED AND DECREED that: 1. 2. The Objection is sustained. Pursuant to section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and
3007 and Local Rule 3007-1, the Modified Amount Claims identified on Exhibit A attached hereto are hereby modified by reducing the amounts of such Modified Amount Claims to the dollar values listed under the column titled Modified Claim Amount/Classification on Exhibit A attached hereto. 3. Pursuant to section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and
3007 and Local Rule 3007-1, the No Liability Claims identified on Exhibit B attached hereto are hereby disallowed and expunged in their entirety. 4. Any and all rights of the Reorganized Debtors and the Debtors and their estates to
amend, supplement or otherwise modify the Objection and to file additional objections to any and all claims filed in these Chapter 11 Cases, including, without limitation, any and all of the Disputed Claims, shall be reserved. Any and all rights, claims and defenses of the Reorganized Debtors and the Debtors and their estates with respect to any and all of the Disputed Claims shall be reserved, and nothing included in or omitted from the Objection shall impair, prejudice, waive or otherwise affect any such rights, claims and defenses.
2
01: 11662678.1 070242.1001
5.
This Court shall retain jurisdiction over any and all affected parties with respect to
any and all matters, claims or rights arising from or related to the implementation or interpretation of this Order. Dated: Wilmington, Delaware January ____, 2012
____________________________________ Kevin Gross Chief United States Bankruptcy Judge
3
01: 11662678.1 070242.1001
EXHIBIT A Modified Amount Claims
01: 11662678.1
070242.1001
201112191251
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) MODIFIED AMOUNT CLAIMS
Claimant Reason
934 $13,330.10 $13,625.40 $12,367.90 UNS $12,367.90 UNS $295.30 503(b)(9) 11-11795 $0.00 503(b)(9)
Claim Number Claim Amount/ Classification* Filed In Case(s)*
Modified Claim Amount/ Classification
A.C. FURNITURE CO., INC.
ATTN: LISA NUNN
P.O. BOX 200
AXTON, VA 24054
Based on a review of the Debtors books and records, $295.30 of the claim was paid on 8/10/2011. As such, the Debtors object to $295.30 of the claim based on satisfaction. In addition, $962.20 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $962.50 of the claim based on no liability.
ABC CARPET CLEANING
142
$2,900.00
UNS
11-11795
$1,680.00 UNS
ATTN: CHAD BROSSIA $2,900.00 $1,680.00
859 NONASTONE RUN
CASSELBERRY, FL 32707
Based on a review of the Debtors books and records, $240.00 of the claim was paid on 7/22/11. As such, the Debtors object to $240.00 of the claim based on satisfaction. In addition, $980.00 of the claim is supported by an invoice that is not reflected on the Debtors books and records; therefore, the Debtors object to $980.00 of the claim based on no liability. $4,504.89 UNS
ACCUTEMP PRODUCTS, INC.
817
$6,602.45
UNS
11-11795
ATTN: DAVID P. OGRAM $6,602.45 $4,504.89
4044 SOLUTIONS CENTER
CHICAGO, IL 60677-4000
Based on a review of the Debtors books and records, $10.03 of the claim was paid on 3/23/2011. As such, the Debtors object to $10.03 of the claim based on satisfaction. In addition, $2,087.53 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $2,087.53 of the claim based on no liability. 11-11795 $223.20 UNS
ADVANCED FIRE EQUIPMENT OF C. FL INC
60
$506.16
UNS
ATTN: CHERYL NOLAND $506.16 $223.20
115 S. LAUREL AVE
SANFORD, FL 32771
Based on a review of the supporting documentation filed with this claim, $282.96 of the claim is supported by an invoice that is not reflected on the Debtors books and records. As such, the Debtors object to $282.96 of the claim based on no liability.
* - See Claim Class Code and Debtor Case Number Legends at the end of this report ** - "No Amt Given" includes, without limitation, Undetermined, Unliquidated, Unknown, To be Determined or the like or when no amount is listed at all Page 1 of 33
Claimant Reason
AGENTIS SEWER & DRAIN CLEANING INC. T/A MR. ROOTER PLUMBING $7,403.11 $804.00
1207
$7,403.11
UNS
11-11795
$804.00 UNS
ATTN: SANDRA L. MORAN 2678 BUTZTOWN ROAD BETHLEHEM, PA 18017
Based on a review of supporting documentation filed with this claim, $6,599.11 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $6,599.11 of the claim based on no liability.
AIRE/PRO
465
$2,831.12
UNS
11-11801
$1,193.26 UNS
ATTN: RICHARD JENNINGS $2,831.12 $1,193.26
2921 MERIDAN AVE. EAST
EDGEWOOD, WA 98371
Based on a review of supporting documentation filed with the claim, $1,637.86 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $1.637.86 of the claim based on no liability.
ALL TEMP REFRIGERATION, INC.
615
$18,422.09
UNS
11-11795
$12,515.52 UNS
ATTN: BRIAN JOYNER $18,422.09 $12,515.52
PO BOX 8060
CEDAR RAPIDS, IA 52408-8060
Based on a review of the Debtors books and records, $899.95 of the claim was paid on 08/08/2011. As such, the Debtors object to $899.95 of the claim based on satisfaction. In addition, $5,006.62 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $5,006.62 of the claim based on no liabilty.
Claimant Reason
ALPHA & OMEGA GARDENING ATTN: GERALD L. KOOP $2,712.99 $2,144.45
998
$2,712.99
UNS
11-11801
$2,144.45 UNS
104 COREMARK CT. BAKERSFIELD, CA 93307
Based on review of supporting documentation filed with the claim, $487.50 of the claim represents amount owed for post-petition services. As such, the Debtors object to $487.50 of the claim based on the fact that the charges are post-petition. In addition, $30.89 of the claim is for post-petition finance charges; therefore the Debtors object to $30.89 of the claim. Lastly, $50.15 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $50.15 of the claim based on no liability.
AMERICAN LINEN SUPPLY-ST CLOUD
1045
$324.19
UNS
11-11795
$191.73 UNS
ATTN: SHAWNTEL MISTIC $324.19 $191.73
6500 SAUKVIEW DRIVE
ST CLOUD, MN 56303
Based on a review of supporting documentation filed with this claim, $132.46 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $132.46 of the claim based on no liability.
10
AMERIPRIDE LINEN & APPAREL INC ATTN: SHAWNTEL MISTIC $544.73
1046
$544.73
UNS
11-11795
$458.09 UNS
P.O. BOX 518 BEMIDJI, MN 56619
$458.09
Based on a review of supporting documentation filed with this claim, $74.09 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $74.09 of the claim based on no liability. In addition, $12.55 of the claim represents post-petition finance charges; therefore, the Debtors object to $12.55 of the claim.
Claimant Reason
11
AMERIPRIDE UNIFORM SERVICES ATTN: SHAWNTEL MISTIC $589.18 $307.99
1044
$589.18
UNS
11-11801
$307.99 UNS
335 WASHINGTON STREET BAKERSFIELD, CA 93307-2719
12
A-TECH INC
49
$15,576.30
UNS
11-11795
$7,788.15 UNS
ATTN: A-TECH COLLECTIONS $15,576.30 $7,788.15
PO BOX 24614
NASHVILLE, TN 37202
Based on a review of the supporting documentation filed with this claim, and the Debtors books and records, only $7,788.15 is due and owing to the claimant. As such, the Debtors object to $7,788.15 of the claim based on no liability.
13
BOB & DAVE'S LAWN AND LANDSCAPE
745
$1,824.29
UNS
11-11795
$1,619.80 UNS
MAINTENANCE, INC. $1,824.29 $1,619.80
ATTN: VALERIE A MARCKS
PO BOX 828
KAUKAUNA, WI 54130
14
BORSCHE ROOFING PROFESSIONALS INC ATTN: DAVID A SCHULTZ $472.44
107
$472.44
UNS
11-11795
$205.57 UNS
PO BOX 160 HORTONVILLE, WI 54944
$205.57
Based on a review of the supporting documentation filed with this claim, $266.87 of the claim is supported by an invoice that is not reflected on the Debtors books and records. As such, the Debtors object to $266.87 of the claim based on no liability.
Claimant Reason
15
BRANDCO ATTN: ROBIN E. BRAND $1,550.05 $289.02
786
$1,550.05
UNS
11-11801
$289.02 UNS
P.O. BOX 1631 BAKERSFIELD, CA 93302-1631
16
BRITE-WAY WINDOW-WATERLOO
1016
$542.49
UNS
11-11795
$166.92 UNS
ATTN: RA BLAKE $542.49 $166.92
P.O. BOX 772
WATERLOO, IA 50704
Based on a review of the Debtors books and records, $166.92 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $166.92 of the claim based on no liability. In addition, $208.65 of the claim is supported by an invoice for post-petition services; therefore, the Debtors object to $208.65 of the claim based on the fact that the invoice is for post-petition amounts. $530.40 UNS
17
BROOKINGS RADIO
1657
$1,060.80
UNS
11-11795
ATTN: DELLAS COLE $1,060.80 $530.40
227 22ND AVE.
BROOKINGS, SD 57006
Based on a review of supporting documentation filed with the claim, the claim includes $530.40 due for postpetition services. As such, the Debtors object to $530.40 of the claim based on the fact that the charges are for postpetition services.
18
CARBONIC SYSTEMS
761
$292.39
UNS
11-11801
$170.31 UNS
ATTN: LYLE EVANSON $292.39 $170.31
P.O. BOX 244
VANCOUVER, WA 98666-0244
Claimant Reason
19
CE-ENGRAVING ATTN: VALERIE ARMOUR $2,204.61 $1,644.40
1478
$2,204.61
UNS
11-11795
$1,644.40 UNS
13915 LINCOLN STREET NE SUITE A HAM LAKE, MN 55304
Based on a review of the Debtors books and records, $55.06 of the claim was satisfied on 8/24/2011; $100.18 of the claim was satisfied on 9/21/2011; $44.30 of the claim was satisfied on 9/14/2011; and $46.55 of the claim was satisfied on 3/2/2011. As such, the Debtors object to $246.09 of the claim based on satisfaction. In addition, $314.12 of the claim is supported by an invoice not reflected on the Debtors' books and records; therefore, the Debtors object to $314.12 of the claim based on no liability.
20
CENTERPOINT ENERGY
898
$41,133.63
UNS
11-11795
$34,303.49 UNS
ATTN: LINDA F. HULSEY $41,133.63 $34,303.49
P.O. BOX 1700
HOUSTON, TX 77251
Based on a review of the Debtors' books and records, $28.05 of the claim was paid on 7/1/2011. As such, the Debtors object to $28.05 of the claim based on satisfaction. In addition, $6,802.09 of the claim is supported by an invoice not reflected on the Debtors' books and records; therefore, the Debtors object to $6,802.09 of the claim based on no liability.
21
CINTAS CORPORATION C/O JASON V. STITT $549.42
1271
$549.42
UNS
11-11801
$297.44 UNS
KEATING MUETHING & KLEKAMP PLL ONE E. 4TH ST., STE. 1400 CINCINNATI, OH 45202
$297.44
22
CITY OF ONTARIO
1167
$908.96
UNS
11-11801
$839.02 UNS
REVENUE SERVICES $908.96 $839.02
ATTN: DELILAH PATTERSON
1333 S. BON VIEW AVENUE
ONTARIO, CA 91761
Claimant Reason
23
CITY OF ONTARIO, CA ATTN: DELILAH PATTERSON $1,160.38 $1,071.17
1166
$1,160.38
UNS
11-11801
$1,071.17 UNS
P.O. BOX 8000 ONTARIO, CA 91761-1076
24 $0.00 UNS $96.00 $0.00
CITY OF TORRANCE
814
$96.00
PRI
11-11795
$0.00 PRI
ATTN: JESSICA AYALA
3031 TORRANCE BLVD.
TORRANCE, CA 90503-5059
Based on review of supporting documentation filed with the claim, the claim includes amounts owed solely for post-petition services. As such, the Debtors object to the claim based on the fact that the charges are on account of post-petition services.
25
CLAIMS RECOVERY GROUP LLC
1716
$1,323.00
UNS
11-11801
$1,086.00 UNS
AS ASSIGNEE OF CLEAN ADVANTAGE $1,323.00 $1,086.00
ATTN: ALLISON AXENROD
92 UNION AVENUE
CRESSKILL, NJ 07626
Based on a review of supporting documentation filed with the claim, $237.00 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $237.00 of the claim based on no liability.
26
CLAIMS RECOVERY GROUP LLC
1719
503(b)(9)
11-11795
AS ASSIGNEE OF KEVIN TIETZ REFRIGERATION $2,134.39
$314.33 $1,820.06
UNS
$314.33 503(b)(9) $1,044.56 UNS $1,358.89
92 UNION AVENUE
CRESSKILL, NJ 07626
Claimant Reason
27
$2,130.00
CLAIMS RECOVERY GROUP LLC AS ASSIGNEE OF THE RESTAURANT VINYL EXPERTS $2,930.00 $1,770.00
1725
$800.00
503(b)(9) UNS
11-11801
$800.00 503(b)(9) $970.00 UNS
ATTN: ALLISON AXENROD 92 UNION AVENUE CRESSKILL, NJ 07626
Based on a review of supporting documentation filed with the claim, $1,160.00 of the claim is supported by invoices not reflected on the Debtor books and records. As such, the Debtors object to $1,160.00 of the claim based on no liability.
28
CLAIMS RECOVERY GROUP, LLC
1700
$2,000.00
UNS
11-11801
$950.00 UNS
AS ASSIGNEE OF GALLUP FIRE PROTECTION $2,000.00 $950.00
92 UNION AVENUE
CRESSKILL, NJ 07626
Based on a review of supporting documentation filed with this claim, $1,050.00 of the claim is supported by invoices not reflected on the Debtors' books and records. As such, the Debtors object to $1,050.00 of the claim based on no liability.
29
1714
$1,190.16
UNS
11-11795
$1,064.88 UNS
AS ASSIGNEE OF CLEAN-VIEW WINDOW $1,190.16 $1,064.88
92 UNION AVENUE
CRESSKILL, NJ 07626
30
1718
$2,010.00
UNS
11-11801
$1,745.00 UNS
AS ASSIGNEE OF INTEGRITY CARPET CARE $2,010.00 $1,745.00
92 UNION AVENUE
CRESSKILL, NJ 07626
Claimant Reason
31
CLEAR CHANNEL OUTDOOR ATTN: CORPORATE BANKRUPTCY SPECIALIST $8,333.54 $5,212.74
607
$8,333.54
UNS
11-11795
$5,212.74 UNS
P.O. BOX 591790 SAN ANTONIO, TX 78259
Based on a review of supporting documentation filed with the claim, $1,775.00 of the claim is supported by invoices not reflected on the Debtors' books and records. In addition, there were no documents provided to support $1,345.80 of the claim. Therefore, the Debtors object to $3,120.80 of the claim based on no liability.
32
CLEARVIEW WINDOW CLEANING SERV
947
$610.00
UNS
11-11801
$305.00 UNS
ATTN: SHAWN B DOUDNA $610.00 $305.00
5205 PROSPECT RD.#135-160
SAN JOSE, CA 95129
33
COLUMBIA CROSS-CONNECTION
1367
$277.00
UNS
11-11801
$265.00 UNS
ATTN: JAMES R. OLBRICH $277.00 $265.00
P.O. BOX 9217
PORTLAND, OR 97207-9217
34
CONFERENCE PLUS INC. ATTN: JULIE LISACK $2,682.65
1654
$2,682.65
UNS
11-11795
$950.26 UNS
8153 SOULTIONS CENTER CHICAGO, IL 60677-8001
$950.26
Claimant Reason
35
COX OHIO PUBLISHING INC ATTN: MARY SWAFFORD $2,958.00 $910.00
341
$2,958.00
UNS
11-11795
$910.00 UNS
P.O. BOX 643157 CINCINNATI, OH 45264-3157
Based on a review of the supporting documentation filed with this claim, $2,048.00 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $2,048.00 of the claim based on no liability.
36
CRESCENT MACHINE WORKS INC.
1498
$2,161.24
UNS
11-11795
$886.09 UNS
ATTN: DANIEL MENGERT $2,161.24 $886.09
821 N. MONROE ST.
SPOKANE, WA 99201
37
CUSTOM REFRIGERATION INC
1515
$24,954.41
UNS
11-11795
$16,610.62 UNS
ATTN: ANTHONY W. BENZ $24,954.41 $16,610.62
664 MENDELSSOHN AVE N
GOLDEN VALLEY, MN 55427
38
DEAN FOODS NORTH CENTRAL, LLC
1128
$5,387.15
UNS
11-11795
$4,444.62 UNS
ATTN: ALEX MADRAZO $5,387.15 $4,444.62
2711 NORTH HASKELL AVENUE, SUITE 3400
DALLAS, TX 75204
Claimant Reason
39
DYE CARBONIC, INC. ATTN: TINA LOPEMAN $2,384.49 $762.58
834
$2,384.49
UNS
11-11801
$762.58 UNS
701 S. 7TH ST. PHOENIX, AZ 85034
Based on a review of the Debtors books and records, $130.60 of the claim was paid on 2/17/2010 and $6.50 of the claim was paid on 8/5/2011. As such, the Debtors object to $137.10 of the claim based on satisfaction. In addition, $1,484.81 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $1.484.81 of the claim based on no liability.
40
DYERSBURG ELECTRIC ATTN: STEPHEN LANE $389.97 $347.73
599
$389.97
UNS
11-11795
$347.73 UNS
P.O. BOX 664 DYERSBURG, TN 38025-0664
41
EVERMORE TECHNOLOGIES
544
$226.42
UNS
11-11795
$150.09 UNS
ATTN: THOMAS NEIS $226.42 $150.09
8316 34TH AVE. N.
NEW HOPE, MN 55427
Based on a review of supporting documentation filed with the claim, $22.52 of the claim is supported by an invoice not reflected on the Debtors books and records. As such, the Debtors object to $22.52 of the claim based on no liability. In addition, $53.41 of the claim is evidenced by an invoice on account of post-petition services; therefore, the Debtors object to $53.41 of the claim based on the fact that the charges are for post-petition services.
Claimant Reason
42
EXPRESS JANITORIAL SERVICES ATTN: JESUS GUTIERREZ $10,980.00 $9,000.00
941
$10,980.00
UNS
11-11795
$9,000.00 UNS
P.O. BOX 2275 FARGO, ND 58108-2275
43
FEDERAL EQUIPMENT DEALERS INC
564
$7,975.94
UNS
11-11795
$6,497.70 UNS
ATTN: HAROLD FARLEY $7,975.94 $6,497.70
4800 SUMMER AVE
MEMPHIS, TN 38122
Based on a review of supporting documentation filed with the claim, $1,478.24 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $1,478.24 of the claim based on no liability.
44
FERRELLGAS
112
$18,362.45
UNS
11-11795
$13,978.56 UNS
ONE LIBERTY PLAZA $18,362.45 $13,978.56
LIBERTY, MO 64068
Based on a review of the Debtors books and records, $401.30 of the claim was paid on 7/26/2011; and $620.18 of the claim was paid on 8/12/2011. As such, the Debtors object to $1,021.48 of the claim based on satisfaction. In addition, $3,362.39 of the claim is supported by an invoice that is not reflected on the Debtors books and records; therefore, the Debtors object to $3,362.29 of the claim based on no liability. 11-11795 $2,638.58 UNS
45
FORESTVILLE BLDRS. & SUPP INC.
1476
$3,829.00
UNS
ATTN: ALANA DIER $3,829.00 $2,638.58
P.O. BOX 8
FORESTVILLE, WI 54213
Based on a review of the Debtors' books and records, $270.00 of the claim was paid on 9/8/2011. As such, the Debtors object to $270.00 of the claim based on satisfaction. In addition, $920.42 of the claim is supported by an invoice not reflected on the Debtors' books and records; therefore, the Debtors object to $920.42 of the claim based on no liability.
Claimant Reason
46
G&K SERVICES ATTN: BARBARA L. GUYES $686.19 $394.97
1722
$686.19
UNS
11-11795
$394.97 UNS
P.O. BOX 10446 GREEN BAY, WI 54307-0446
47
GREEN GUARD FIRST AID & SAFETY
11
$573.56
UNS
11-11795
$162.06 UNS
ATTN: SARA FORRESTER $573.56 $162.06
4159 SHORELINE DRIVE
ST. LOUIS, MO 63045
Based on a review of the Debtors books and records, $52.40 of the claim was paid on 6/24/2011; $68.83 of the claim was paid on 7/20/2011; and $235.10 of the claim was paid on 7/22/2011. As such, the Debtors object to $356.33 of the claim based on satisfaction. In addition, $55.17 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $55.17 of the claim based on no liability. $3,361.95 UNS
48
HAGAR RESTAURANT SERVICE INC
416
$20,540.03
UNS
11-11795
ATTN: REYNAE KERSEY $20,540.03 $3,361.95
1229 W MAIN
OKLAHOMA CITY, OK 73106
Based on a review of the supporting documentation filed with the claim, $17,178.08 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $17,178.08 of the claim based on no liability
49
HAVE LIGHTS WILL TRAVEL
388
$253.81
UNS
11-11801
$162.71 UNS
ATTN: THERESA KEYES $253.81 $162.71
1630 MERCHANTS ST.
SPARKS, NV 89431
Based on a review of the supporting documentation filed with the claim, $91.10 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $91.10 of the claim based on no liability.
Claimant Reason
50
HERITAGE SERVICES GROUP, INC. ATTN: CARLA PREASHA $590.15 $163.79
756
$590.15
UNS
11-11795
$163.79 UNS
P.O. BOX 8710 FORT WAYNE, IN 46898-8710
51
HJD CAPITAL ELECTRIC, INC.
1765
$524.96
UNS
11-11801
$162.20 UNS
ATTN: HENRY DAVILA $524.96 $162.20
5424 W. HWY 90
SAN ANTONIO, TX 78227
52
HUMIDITY CONTROL SYSTEMS
1548
$321.09
UNS
11-11801
$210.00 UNS
ATTN: PAMELA GOLDSTEIN $321.09 $210.00
P.O.BOX 21066
CARSON CITY, NV 89721
53
HUNTER-DAVISSON, INC.
823
$432.90
UNS
11-11801
$193.00 UNS
ATTN: DAVID M. WRIGHT $432.90 $193.00
1800 SE PERSHING STREET
PORTLAND, OR 97202
Based on a review of the supporting documentation filed with the claim, $239.90 of the claim is supported by invoices not reflected on the Debtors' books and records. As such, the Debtors object to $239.90 of the claim based on no liability.
Claimant Reason
54
HUNTER-DAVISSON, INC. ATTN: DAVID M. WRIGHT $1,649.37 $673.30
825
$1,649.37
UNS
11-11801
$673.30 UNS
1800 SE PERSHING STREET PORTLAND, OR 97202
Based on a review of the supporting documentation filed with the claim, $976.07 of the claim is supported by invoices not reflected on the Debtors' books and records. As such, the Debtors object to $976.07 of the claim based on no liability.
55
J.S. CLEANING SERVICE SWFL CORP.
216
$5,700.00
UNS
11-11795
$4,200.00 UNS
JUVENAL SANCHEZ $5,700.00 $4,200.00
3102 SW 15TH AVE
CAPE CORAL, FL 33914
Based on a review of the Debtors books and records, $600.00 of the claim was paid on 07/27/2011. As such, the Debtors object to $600.00 of the based on satisfaction. In addition, $900.00 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $900.00 of the claim based on no liability. $3,661.27 UNS
56
JACKSON ELECTRIC COOP, WI
970
$6,471.98
UNS
11-11795
ATTN: CARMEN LAGAISSE $6,471.98 $3,661.27
P.O. BOX 546
BLACK RIVER FALLS, WI 54615-0546
57
JANSEN, KITTY DARNELL 6444 160TH AVE. $600.00
635
$600.00
UNS
11-11795
$500.00 UNS
WEST OLIVE, MI 49460 $500.00
Claimant Reason
58
JETSPLASH LLC ATTN: TIMOTHY ASCHOFF $23,496.87 $19,150.20
1780
$23,496.87
UNS
11-11795
$19,150.20 UNS
3800 S. 9TH STREET LINCOLN, NE 68502
Based on a review of the supporting documentation filed with this claim, the claim is for a refund of amounts paid by the claimant to Debtors under a sublease, including a refund of a purported deposit. Based on a review of the Debtors' books and records, the Debtors do not reflect receipt of such deposit. As such, the Debtors object to $2,666,66 of the claim based on no liability. In addition, the Debtors object to $1,680.00 of the claim as a means of offsetting unpaid prepetition rent under the sublease.
59
JUST IN TIME REFRIGERATION
1033
$25,679.42
UNS
11-11801
$23,980.54 UNS
ATTN: LINDA REHAK $25,679.42 $23,980.54
22226 N 23RD AVENUE STE 3
PHOENIX, AZ 85027
Based on a review of the Debtors books and records, $304.64 of the claim was paid on 08/05/2011. As such, the Debtors object to $304.64 of the claim based on satisfaction. In addition, $1,394.24 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $1,394.24 of the claim based on no liability.
60
KATE-AM THREE EAGLE COMMUNICATIONS $2,550.00
1666
$2,550.00
UNS
11-11795
$1,020.00 UNS
ATTN: KEVAN DRAGOO 1633 W. MAIN STREET ALBERT LEA, MN 56007
$1,020.00
Based on a review of supporting documentation filed with the claim, the claim includes $1,530.00 due for postpetition services. As such, the Debtors object to $1,530.00 of the claim based on the fact that the charges are for postpetition services.
61
KEEPING IT CLEAN
729
$510.00
UNS
11-11795
$390.00 UNS
ATTN: JAMES L. COLETTA $510.00 $390.00
P.O. BOX 1404
COLLIERVILLE, TN 38017
Based on a review of supporting documentation filed with the claim, $120.00 of the claim is supported by an invoice not reflected on the Debtors books and records. As such, the Debtors object to $120.00 of the claim based on no liability.
Claimant Reason
62
KELLER FIRE & SAFETY INC ATTN: DIANE C. BAYER $3,326.46 $2,168.42
583
$3,326.46
UNS
11-11795
$2,168.42 UNS
1138 KANSAS AVE KANSAS CITY, KS 66105
63
KIDK-TV
748
$3,149.25
UNS
11-11795
$1,530.00 UNS
ATTN: LEE H. SHUMWAY $3,149.25 $1,530.00
P.O. BOX 561
ST JOSEPH, MO 64502
Based on review of supporting documentation filed with the claim, $1,619.25 of the claim represents amounts owed for post-petition services. As such, the Debtors object to $1,619.25 of the claim based on the fact that the charges are on account of services provided postpetition. $3,187.50 UNS
64
KIFI-TV
747
$3,995.00
UNS
11-11795
ATTN: LEE H. SHUMWAY $3,995.00 $3,187.50
P.O. BOX 561
ST JOSEPH, MO 64502
Based on review of supporting documentation filed with the claim, $807.50 of the claim represents amounts owed for post-petition services. As such, the Debtors object to $807.50 of the claim based on the fact that the charges are on account of services provided post-petition.
65
KLQL-FM/THREE EAGLES COMM
1656
$2,340.90
UNS
11-11795
$1,170.45 UNS
ATTN: KEVAN DRAGOO $2,340.90 $1,170.45
1140 150TH AVE.
LUVERNE, MN 56156
Claimant Reason
66
KLSS-FM, INC ATTN: KEVAN DRAGOO $2,040.00 $816.00
1653
$2,040.00
UNS
11-11795
$816.00 UNS
341 SOUTH YORKTOWN PIKE MASON CITY, IA 50401
67
KMPH TV 26
1687
$21,309.50
UNS
11-11801
$16,158.50 UNS
ATTN: VALERIE J. KELSEY $21,309.50 $16,158.50
5111 E MCKINLEY AVENUE
FRESNO, CA 93727
68
KXPI-TV
749
$1,381.25
UNS
11-11795
$828.75 UNS
ATTN: LEE H. SHUMWAY $1,381.25 $828.75
P.O. BOX 561
ST JOSEPH, MO 64502
69
LANEY'S, INC. ATTN: TERRI PATTISON $487.36
1430
$487.36
UNS
11-11795
$245.00 UNS
55 SOUTH 27TH STREET P.O. BOX 2562 FARGO, ND 58108-2562
$245.00
Based on a review of the Debtors books and records, $235.00 of the claim was paid on 08/16/2011. As such, the Debtors object to $235.00 of the claim based on satisfaction. In addition, $7.36 of the claim represents post-petition finance charges; therefore, the Debtors object to $7.36 of the claim.
Claimant Reason
70
LEAHY ELECTRIC SERV., INC. ATTN: WM. L. LEAHY $4,651.81 $3,519.26
1795
$4,651.81
UNS
11-11795
$3,519.26 UNS
1672 270TH AVE. ALEXIS, IL 61412-9722
Based on a review of supporting documentation filed with the claim, $1,132.55 of the claim is supported by invoices not reflected on the Debtor books and records. As such, the Debtors object to $1,132.55 of the claim based on no liability.
71
LOS ANGELES PLUMBING AND BACKFLOW TESTING, INC. ATTN: KERI L. GLENDENNING $4,950.84 $2,819.05
222
$4,950.84
UNS
11-11795
$2,819.05 UNS
C/O CRFSOLUTIONS
No supporting documentation was filed with this claim. Based on a review of the Debtors' books and records, $2,819.05 is the amount due and owing to this claimant.
PO BOX 1389
SIMI VALLEY, CA 93062
72
MASTEL'S HEATING & AIR CONDITIONING
147
$1,190.76
UNS
11-11795
$1,108.24 UNS
ATTN: ELLEN MASTEL $1,190.76 $1,108.24
201 2ND ST. N.W.
JAMESTOWN, ND 58401
Based on review of supporting documentation filed with the claim, $82.52 of the claim represents amounts owed for post-petition finance charges. As such, the Debtors object to $82.52 of the claim.
73
MAX BALLOONS ATTN: DONALD WHALEY
343
No Amt Given**
UNS
11-11801
$2,202.07 UNS
11817 VOSE STREET NORTH HOLLYWOOD, CA 91605
No supporting documentation was filed with this claim. Based on a review of the Debtors books and records, $2,202.07 is the amount due and owing to this claimant. $2,202.07
Claimant Reason
74
MEMPHIS LIGHT, GAS & WATER DIVISION ATTN: TONYA PATTON $23,374.02 $21,178.67
896
$23,374.02
UNS
11-11795
$21,178.67 UNS
P.O. BOX 430 MEMPHIS, TN 38101
Based on a review of supporting documentation filed with this claim, $2,195.35 of the claim is supported by invoices not reflected on the Debtor' books and records. As such, the Debtors object to $2,195.35 of the claim based on no liability.
75
MICKEY'S LINEN & TOWEL SUPPLY
1112
$625.06
UNS
11-11795
$406.76 UNS
C/O DEBT ACQUISITION GROUP $625.06 $406.76
250 PARK AVENUE
SUITE 7026
NEW YORK, NY 10177
Based on a review of the Debtors books and records, $34.00 of the claim was paid on 07/20/2011. As such, the Debtors object to $34.00 of the claim based on satisfaction. In addition, $184.30 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $184.30 of the claim based on no liability. $370.12 UNS
76
MIKE KIMBLE PLUMBING, INC
1440
$959.56
UNS
11-11801
ATTN: JASON KIMBLE $959.56 $370.12
5770 NICOLLE ST # E
VENTURA, CA 93003
77
NEW LIFE ENTERPRISES, INC. ATTN: JOHN M KOPLOS $859.82
1175
$171.64 $688.18
503(b)(9) UNS
11-11795
$171.64 503(b)(9) $527.27 UNS $698.91
5113 WEST 98TH STREET BLOOMINGTON, MN 55437-2040
Claimant Reason
78
NTN BUZZTIME COMMUNICATONS INC ATTN: KENDRA BERGER $514.84
960
No Amt Given**
UNS
11-11801
$514.84 UNS
C/O WELLS FARGO BANK DEPT 1088 LOS ANGELES, CA 90084-1088
Based on a review of the Debtors' books and records, the outstanding liability is $514.84.
79
OTTER TAIL POWER COMPANY
982
$4,949.98
UNS
11-11795
$4,296.98 UNS
ATTN: CASH MANAGEMENT $4,949.98 $4,296.98
215 S CASCADE ST
FERGUS FALLS, MN 56537
80
OUTDOOR SERVICES, INC.
1204
$243.35
UNS
11-11795
$60.49 UNS
ATTN: LISA HUNDT BUISMAN $243.35 $60.49
641 BRICKL ROAD
WEST SALEM, WI 54669
81
PAVESTRIPE LLC
1477
$530.00
UNS
11-11795
$500.00 UNS
ATTN: C J SPADINO $530.00 $500.00
1268 127TH ST. SW
BRAINERD, MN 56401
Claimant Reason
82
PICO PARTY RENTS & SELLS ATTN: LISA N CHOCOOJ $1,555.06 $493.71
258
$1,555.06
UNS
11-11801
$493.71 UNS
2537 S. FAIRFAX AVE CULVER CITY, CA 90232
Based on a review of the Debtors' books and records, $1,061.35 of the claim is for post-petition services. As such, the Debtors object to $1,061.35 of the claim based on the fact that the services were provided post-petition.
83 $1,264.85 $2,460.34 $1,259.91 UNS $64.42 UNS
POSTNET
228
$1,195.49
503(b)(9)
11-11795
$1,195.49 503(b)(9)
ATTN: JOYCE KLINGLE
1121 W PRICE BLVD
NORTH PORT, FL 34288
Based on a review of the Debtors books and records, $951.76 of the claim was paid on 07/11/2011. As such, the Debtors object to $951.76 of the claim based on satisfaction. In addition, $248.67 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $248.67 of the claim based on no liability. $1,075.74 UNS
84
PRO EDGE CUTLERY LLC
174
$1,671.09
UNS
11-11795
DBA PRO EDGE PAPER $1,671.09 $1,075.74
ATTN: RUDY AMBROSI
4484 ARNOLD AVE.
NAPLES, FL 34104
Based on a review of the Debtors books and records, $164.94 of the claim was paid on 07/12/2011 and $41.18 of the claim was paid on 02/04/2010. As such, the Debtors object to $206.12 of the claim based on satisfaction. In addition, $389.23 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $389.23 based on no liability.
Claimant Reason
85
PRO TECH RESTAURANT SERVICE, INC 16880 GATOR ROAD #114 $11,540.26 $2,981.83
950
$11,540.26
UNS
11-11795
$2,981.83 UNS
FORT MYERS, FL 33912
Based on a review of the Debtors books and records, $570.82 of the claim was paid on 8/5/2011; $290.79 of the claim was paid on 7/6/2011; $358.28 of the claim was paid on 3/30/2011; $141.50 of the claim was paid on 4/1/2011; $349.80 of the claim was paid on 11/12/2010; $299.45 of the claim was paid on 10/22/2010; $349.80 of the claim was paid on 6/23/2010; $180.00 of the claim was paid on 5/12/2010; and $208.29 of the claim was paid on 5/7/2010. As such, the Debtors object to $2,667.73 of the claim based on satisfaction. In addition, $5,890.70 of the claim is supported by invoices not reflected on the Debtors' books and records; therefore, the Debtors object to $5,890.70 of the claim based on no liability. $167.46 UNS
86
PRO-TEMP INC. ATTN: CAL VANHEMERT $319.14
425
$319.14
UNS
11-11795
453 WEST 22ND STREET HOLLAND, MI 49423
$167.46
Based on a review of the supporting documentation filed with the claim, $151.68 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtos object to $151.68 of the claim based on no liability.
87 $388.19 $862.88 UNS
PURETEC INDUSTRIAL WATER
234
$474.69
503(b)(9)
11-11801
$219.60 503(b)(9) $255.09 UNS $474.69
ATTN: BEN DESANTIS
3151 STURGIS RD
OXNARD, CA 93031-5387
Based on a review of the Debtors books and records, $109.29 of the claim was paid on 07/13/2011 and $5.30 of the claim was paid on 08/12/2011. As such, the Debtors object to $114.59 of the claim based on satisfaction. In addition, $273.60 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $273.60 of the claim based on no liability.
Claimant Reason
88
QUALITY MAINTENANCE SERVICE ATTN: DAVID S. DUNN $136,317.17 $91,972.90
1809
$136,317.17
UNS
11-11801
$91,972.90 UNS
185 SOUTH WILLOW SPRINGS ROAD ORANGE, CA 92869
Based on a review of the Debtors books and records, $396.36 of the claim was paid on 08/24/2011. As such, the Debtors object to $396.36 of the claim based on satisfaction. In addition, $43,947.91 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $91,972.90 of the claim based on no liability.
89
REDDI SERVICES, INC DBA REDDI ROOT'R KC
816
$2,140.32
UNS
11-11795
$1,750.00 UNS
ATTN: LINDA FELICH $2,140.32 $1,750.00
4011 BONNER INDUSTRIAL DR
SHAWNEE, KS 66226-2104
Based on a review of the Debtors books and records, $150.00 of the claim was paid on 08/31/2011. As such, the Debtors object to $150.00 of the claim based on satisfaction. In addition, $240.32 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $240.32 of the claim based on no liability. $218.85 UNS
90
REXEL
1268
$989.12
UNS
11-11795
ATTN: DIANE C. PECK $989.12 $218.85
14951 DALLAS PKWY
DALLAS, TX 75254
Based on review of supporting documentation filed with the claim, $257.29 of the claim was satisfied on 8/19/2011; therefore, the Debtors object to $257.29 of the claim based on satisfaction. In addition, $512.98 of the claim is not supported by any documentation and is not reflected on the Debtors' books and records. As such, the Debtors object to $512.98 of the claim based on no liability.
91
RIVERTOWN NEWSPAPER GROUP ATTN: CREDIT/COLLECTION MGR $394.00
827
$394.00
UNS
11-11795
$132.00 UNS
P.O. BOX 15 RED WING, MN 55066
$132.00
Claimant Reason
92
ROCKY MOUNTAIN SEWER-JET, INC. 454 OLD STONE DR $670.00 $620.00
154
$670.00
UNS
11-11795
$620.00 UNS
HIGHLANDS RANCH, CO 80126
Based on review of supporting documentation filed with the claim, $50.00 of the claim represents amounts owed for post-petition late charges. As such, the Debtors object to $50.00.
93
ROGERS CLEANING
551
$266.00
UNS
11-11795
$194.00 UNS
ATTN: RONALD ROGERS $266.00 $194.00
3511 ROBIN AVE S W
WYOMING, MI 49509
94
ROOTER 2000
474
$2,597.42
UNS
11-11801
$284.80 UNS
ATTN: JAMES A SNYDER $2,597.42 $284.80
P.O. BOX 40111
MESA, AZ 85274-0111
95
ROTO ROOTER PLUMBERS
328
$641.69
UNS
11-11801
$437.94 UNS
ATTN: ANDIE FITCH $641.69 $437.94
195 MASON CIRCLE
CONCORD, CA 94520
Based on review of supporting documentation filed with the claim, $203.75 of the claim is supported by invoices that represent amounts owed for post-petition services. As such, the Debtors object to $203.75 of the claim based on the fact that the amounts are for post-petition services.
Claimant Reason
96
SAF-GARD SAFETY SHOES CO ATTN: JEFF KUBIS $1,788.88 $1,758.86
510
$1,788.88
UNS
11-11801
$1,758.86 UNS
P.O. BOX 10379 GREENSBORO, NC 27404-0379
No supporting documentation was filed with this claim. Based on a review of the Debtors books and records, $1,758.86 is the amount owing to this claimant.
97
SANDY, ANDY AND FRIENDS
285
$2,400.00
UNS
11-11795
$1,800.00 UNS
2709 FOXFIRE CT. $2,400.00 $1,800.00
COPLAY, PA 18037
Based on review of supporting documentation filed with the claim, $600.00 of the claim is supported by invoices that represent amounts owed for post-petition services. As such, the Debtors object to $600.00 of the claim based on the fact that the amounts are for post-petition services. $144.54 503(b)(9) $370.16 UNS $514.70
98 $797.41 $941.95 UNS
SIERRA LIQUIDITY FUND, LLC
978
$144.54
503(b)(9)
11-11801
ASSIGNEE & ATT-IN-FACT FOR
M & J INDUSTRIAL- ASSIGNOR
ATTN: JAMES RILEY
2699 WHITE RD #255
IRVINE, CA 92614 1274 $4,726.50 UNS 11-11795 $1,577.67 UNS
99
SIERRA LIQUIDITY FUND, LLC
ASSIGNEE & ATT-IN-FACT FOR STAR $4,726.50 $1,577.67
MANUFACTURING INTL - ASSIGNOR
ATTN: JAMES S. RILEY
2699 WHITE RD - SUITE 255
IRVINE, CA 92614
Claimant Reason
1275
$4,918.31 $460.92 UNS
100 SIERRA LIQUIDITY FUND, LLC ASSIGNEE & ATT-IN-FACT FOR $4,988.75 $531.36
$70.44
503(b)(9) UNS
11-11801
$70.44 503(b)(9)
DIAMONDBACK PLUMBING - ASSIGNOR ATTN: JAMES S. RILEY 2699 WHITE RD - SUITE 255
IRVINE, CA 92614
918 $1,585.42 UNS 11-11801 $1,169.92 UNS
101 SIMPLEXGRINNELL
ATTN: MARK BUSHEE $1,585.42 $1,169.92
50 TECHNOLOGY DRIVE
WESTMINSTER, MA 01441
102 SNYDER ELECTRIC CO INC
1451
$6,022.19
UNS
11-11795
$4,846.26 UNS
ATTN: PAT SNYDER $6,022.19 $4,846.26
6112 EXCELSIOR BLVD
ST LOUIS PARK, MN 55416
103 STANTON LAWN CARE
309
$1,200.00
UNS
11-11795
$800.00 UNS
ATTN: DON STANTON $1,200.00 $800.00
1924 NORTH 5TH
PONCA CITY, OK 74601
Claimant Reason
104 STAPLES, INC. ATTN: DANEEN KASTANEK $46,848.97 $13,675.39
40
$46,848.97
UNS
11-11795
$13,675.39 UNS
1 ENVIRONMENTAL WAY BROOMFIELD, CO 80021
Based on a review of the Debtors books and records, $179.17 of the claim was paid on 2/9/2011; $267.65 of the claim was paid on 3/23/2011; $74.27 of the claim was paid on 6/24/2011; $481.86 of the claim was paid on 7/6/2011; $114.82 of the claim was paid on 7/8/2011; $65.79 of the claim was paid on 7/27/2011; and $110.39 of the claim was paid on 10/14/2011. As such, the Debtors object to $2,385.88 of the claim based on satisfaction. In addition, $30,787.70 of the claim is supported by invoices that are not reflected on the Debtors books and records; therefore, the Debtors object to $30,787.70 of the claim based on no liability.
$437.00 UNS
105 TANNOR PARTNERS CREDIT FUND, LP
924
$503.00
UNS
11-11795
AS ASSIGNEE OF NINE EAGLES PROMOTIONS $503.00 $437.00
150 GRAND STREET, SUITE 401
WHITE PLAINS, NY 10601
106 TANNOR PARTNERS CREDIT FUND, LP
926
$1,325.68
UNS
11-11795
$1,139.13 UNS
AS ASSIGNEE OF FIELD'S FIRE PROTECTION $1,325.68 $1,139.13
150 GRAND STREET, SUITE 401
WHITE PLAINS, NY 10601
Claimant Reason
107 TAVERN SERVICE COMPANY ATTN: RYAN MANACKER $414.72 $396.47
565
$414.72
UNS
11-11801
$396.47 UNS
18228 PARTHENIA STREET NORTHRIDGE, CA 91325
108 TECO: PEOPLES GAS
1068
$142.89
UNS
11-11795
$80.81 UNS
ATTN: ALEASE LAWSON $142.89 $80.81
P.O. BOX 2562
TAMPA, FL 33601-2562
109 THE BUCKET AND I WINDOW
1726
$250.00
UNS
11-11795
$75.00 UNS
ATTN: JUAN CUBIDES $250.00 $75.00
1123 E. 12TH AVENUE
BROOMFIELD, CO 80020
110 THE CITY OF SAN ANTONIO, ACTING BY AND
513
$14,228.24
UNS
11-11801
$11,826.04 UNS
THROUGH CITY PUBLIC SERVICE BOARD $14,228.24 $11,826.04
ATTN: VICTOR VALADEZ III
CPS ENERGY - BANKRUPTCY SECTION
145 NAVARRO - MAIL DROP 101013
SAN ANTONIO, TX 78205
Claimant Reason
111 THE LIGHT BULB CO. ATTN: SHARON VANDEN BERG $198.48 $102.67
384
$198.48
503(b)(9)
11-11795
$102.67 503(b)(9) $0.00 UNS
361-44TH ST. S.W. GRAND RAPIDS, MI 49548
112 THE RESTAURANT GROUP LLC
138
$3,699.26
UNS
11-11795
$1,657.86 UNS
C/O WOODS OVIATT GILMAN LLP $3,699.26 $1,657.86
ATTN: PAUL S. GROSCHADL, ESQ.
700 CROSSROADS BUILDING
2 STATE STREET
ROCHESTER, NY 14614 894 $3,273.68 UNS 11-11795 $86.54 UNS
Based on a review of the supporting documentation filed with this claim, $1,041.40 of the claim is supported by invoices not reflected on the Debtors' books and records. As such, the Debtors object to $1,041.40 of the claim based on no liability.
113 TIMEPAYMENT CORPORATION
ATTN: PAULINE BURT $3,273.68 $86.54
16 N. E. EXECUTIVE PARK #200
BURLINGTON, MA 01803
114 TOOF COMMERCIAL PRINTING CO.
1241
$73,347.62
UNS
11-11795
$64,059.62 UNS
C/O FARRIS BOBANGO BRANAN PLC $73,347.62 $64,059.62
ATTN: ALLISON KAY MOODY
999 S. SHADY GROVE RD., STE. 500
MEMPHIS, TN 38120
Based on a review of the Debtors books and records, $6,794.00 of the claim was paid on 05/24/2011. As such, the Debtors object to $6,794.00 of the claim based on satisfaction. In addition, $2,494.00 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $2,494.00 of the claim based on no liability.
Claimant Reason
115 TRI-COUNTY FIRE PROTECTION ATTN: PATSY SMITH $1,644.44 $500.00
386
$1,644.44
UNS
11-11801
$500.00 UNS
260-A RIANDA STREET SALINAS, CA 93901
Based on a review of the supporting documentation filed with the claim, $1,144.44 of the claim is supported by invoices not reflected on the Debtors books and records. As such, the Debtors object to $1.144.44 of the claim based on no liability.
116 TROPICAL MAINTENANCE INC.
81
$1,192.00
UNS
11-11795
$298.00 UNS
DBA MIKE'S MAINTENANCE $1,192.00 $298.00
P.O. BOX 1274
LADY LAKE, FL 32158
Based on a review of the Debtors books and records, $298.00 of the claim was paid on 7/26/2011. As such, the Debtors object to $298.00 of the claim based on satisfaction. In addition, $596.00 of the claim is supported by an invoice that is not reflected on the Debtors books and records; therefore, the Debtors object to $596.00 of the claim based on no liability. $1,154.36 UNS
117 TROPICAL MAINTENANCE INC.
82
$2,983.29
UNS
11-11795
DBA MIKE'S MAINTENANCE $2,983.29 $1,154.36
P.O. BOX 1274
LADY LAKE, FL 32158
Based on a review of the Debtors books and records, $446.43 of the claim was paid on 7/27/2011. As such, the Debtors object to $446.43 of the claim based on satisfaction. In addition, $1,382.50 of the claim is supported by an invoice that is not reflected on the Debtors books and records; therefore, the Debtors object to $1,382.50 of the claim based on no liability. 11-11801 $132.29 UNS
118 UNITED BEVERAGE GAS
239
$206.79
UNS
ATTN: TRACY SMITH $206.79 $132.29
701 S. 7TH ST.
PHOENIX, AZ 85034
Based on a review of the supporting documentation filed with the claim, $74.50 of the claim is supported by an invoice that is not reflected on the Debtors books and records. As such, the Debtors object to $74.50 of the claim based on no liability.
Claimant Reason
766
$996.00 $498.00 UNS
119 VALPAK OF BAY AREA INC ATTN: MARYANN KARIDES $996.00 $498.00
$0.00
503(b)(9) UNS
11-11801
$0.00 503(b)(9)
1333 WILLOW PASS ROAD STE 200 CONCORD, CA 94520-5225
120 VENTURA RENTAL CENTER
822
$833.13
UNS
11-11795
$420.50 UNS
C/O WILLIAM E. WINFIELD $833.13 $420.50
NORDMAN CORMANY HAIR & COMPTON LLP
1000 TOWN CENTER DRIVE SIXTH FLOOR
OXNARD, CA 93036
121 WCCO TV
754
$54,880.25
UNS
11-11795
$41,191.00 UNS
ATTN: KATHY MCCLOSKEY $54,880.25 $41,191.00
90 SOUTH 11TH STREET
MINNEAPOLIS, MN 55403
Based on review of supporting documentation filed with the claim, $13,689.25 of the claim represents amounts owed for post-petition services. As such, the Debtors object to $13,689.25 of the claim based on the fact that the charges are on account of post-petition amounts owed. $300.00 UNS
122 WIERSGALLA CO INC
687
$618.22
UNS
11-11795
ATTN: RON HURD $618.22 $300.00
P.O. BOX 902
EAU CLAIRE, WI 54702
Based on a review of supporting documentation filed with the claim, $318.22 of the claim is supported by an invoice not reflected on the Debtors books and records. As such, the Debtors object to $318.22 of the claim based on no liability.
Claimant Reason
123 ZIROS, MARGARET 1921 MARGARITA AV. $337.00 $200.00
659
$337.00
UNS
11-11801
$200.00 UNS
HENDERSON, NV 89011
Based on review of supporting documentation filed with the claim, $122.00 of the claim represents amount owed for post-petition services and $15.00 of the claim represents amount owed for post-petition check fees. As such, the Debtors object to $137.00 of the claim based on the fact that the charges are for post-petition services and fees.
201112191251
Debtor Case Number Legend 11-11795 (795) PERKINS & MARIE CALLENDERS INC.
11-11796 (796)
PERKINS & MARIE CALLENDER'S HOLDING INC.
11-11797 (797)
PERKINS & MARIE CALLENDER'S REALTY LLC
11-11798 (798)
PERKINS FINANCE CORP.
11-11799 (799)
WILSHIRE RESTAURANT GROUP LLC
11-11800 (800)
PMCI PROMOTIONS LLC
11-11801 (801)
MARIE CALLENDER PIE SHOPS, INC.
11-11802 (802)
MARIE CALLENDER WHOLESALERS, INC.
11-11803 (803)
MACAL INVESTORS, INC.
11-11804 (804)
MCID, INC.
11-11805 (805)
WILSHIRE BEVERAGE, INC.
11-11806 (806)
FIV CORP.
00-00000 (000)
NO DEBTOR AND CASE GIVEN
Claim Class Code Legend UNS Unsecured Claim
PRI
Priority Claim
SEC
Secured Claim
503(b)(9) 503(b)(9) Claim
ADM
Administrative Claim
Page 33 of 33
EXHIBIT B No Liability Claims
01: 11662678.1
070242.1001
201112191210
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) NO LIABILITY CLAIMS
Claimant Reason
125 $1,994.75 UNS 11-11795
AIB INTERNATIONAL, INC.
ATTN: TANA VAN ROYEN $1,994.75
1213 BAKERS WAY
Based on a review of the supporting documentation filed with the claim, the claim is supported by an invoice that is not reflected on the Debtors' books and records. As such, the Debtors object to the claim based on no liability.
PO BOX 3999
MANHATTAN, KS 66505-3999 447 $29,458.88 503(b)(9) 11-11795
ALLEN'S BLUEBERRY FREEZER
ATTN: ANDREA NODDIN $29,458.88
P.O. BOX 536
Based on a review of supporting documentation filed with the claim, the claim represents amounts owed for post-petition charges. As such, the Debtors object to the claim based on the fact that the amount claimed is for post-petition charges.
ELLSWORTH, ME 04605-0536
ASSOCIATED SUPPLY COMPANY
65
$223.09
UNS
11-11795
ATTN: LISA ROE $223.09
1860 PAMA LANE
LAS VEGAS, NV 89119
BETTER BUSINESS BUREAU
354
$600.00
UNS
11-11795
ATTN: DARRELLYN BONSTELL $600.00
6040 S. JONES BLVD.
Based on a review of the supporting documentation filed with this claim, the invoice provided in support of this claim is not reflected on the Debtors books and records. As such, the Debtors object to the claim based on no liability.
LAS VEGAS, NV 89118
Claimant Reason
BOISE APPLIANCE & REFRIGERATION ATTN: JANSIE GANS $1,826.23
144
$1,826.23
UNS
11-11795
7539 W. MOSSY CUP ST BOISE, ID 83709
Based on a review of the Debtors books and records, $333.99 of the claim was paid on 7/15/2011 and $330.53 of the claim was paid on 08/03/2011. As such, the Debtors object to $664.52 of the claim based on satisfaction. In addition, $1,161.72 of the claim represents amounts owed for postpetition services; therefore the Debtors object to $1,161.72 based on the fact that the charges were incurred post-petition.
CITY OF WHITTIER
92
$1,751.52
PRI
11-11795
ATTN: CHARLAINE ROSSI $1,751.52
13230 E. PENN STREET
Based on a review of the supporting documentation filed with the claim, the claim is supported by invoices that are not reflected on the Debtors' books and records. As such, the Debtors object to the claim based on no liability.
WHITTIER, CA 90602
CITY OF WINDCREST # 237
312
$1,518.96
503(b)(9)
11-11795
ATTN: SARAH MANGHAM $1,518.96
8601 MIDCROWN
WINDCREST, TX 78239
COOK PLUMBING CORP.
380
$8,681.25
UNS
11-11795
ATTN: MARK COOK $8,681.25
1425 FULLER RD.
WEST DES MOINES, IA 50265-5143
CUSTOM COMMUNICATIONS INC.
373
$449.84
UNS
11-11795
ATTN: AMY E WHITE $449.84
1661 GREENVIEW DRIVE SW
Based on a review of supporting documentation filed with the claim, the amounts alleged are due and owing from a third party franchisee and not the Debtors. As such, the Debtors object to the claim based on no liability.
ROCHESTER, MN 55902
Claimant Reason
10
DESERT EMPIRE PLUMBING & DRAIN ATTN: INGRID E HEMMERLING $802.00
405
$802.00
503(b)(9) and UNS
11-11795
44-447 PORTOLA AVE. PALM DESERT, CA 92260
11
EYKON WALLCOVERING SOURCE INC ATTN: MARY K ZERBY $314.71
370
$310.06 $4.65
503(b)(9) UNS
11-11795
P.O. BOX 1798 DEPT 07-077 MEMPHIS, TN 38101-9715
12
FIRST CHOICE APPAREL & EMBROIDERY ATTN: RONALD SORVAAG $129.00
238
$129.00
503(b)(9)
11-11795
2301 12TH STREET N. FARGO, ND 58102
13
GREELEY DAILY TRIBUNE ATTN: BOB LITTLE $720.00
353
No Amt Given** $720.00
503(b)(9) UNS
00-00000
P.O. BOX 1138 501 8TH AVE GREELEY, CO 80632 241 $194.50 503(b)(9)
14
HOBART SALES, KERMIT RINK INC ATTN: KAREN E RAJEK $194.50
11-11795
5907 MESKER ST SCHOFIELD, WI 54476
Claimant Reason
15
JET PLUMBING & DRAIN SERVICES ATTN: DEANNE GRAY $600.52
271
$600.52
UNS
11-11795
1553 HYMER AVE SPARKS, NV 89431
16
JR'S ADVANCED RECYCLERS ATTN: MARY ZEIEN $75.00
375
$75.00
UNS
11-11795
10619 COURTHOUSE BLVD INVER GROVE HEIGHT, MN 55077
17
KENNEDY HEATING & COOLING, INC. PO BOX 511184 $710.00
190
$710.00
UNS
11-11795
PUNTA GORDA, FL 33951
18
KOFI & KZMN ATTN: DAVE RAE $2,024.88
424
$2,024.88
UNS
11-11795
317 1ST AVE. EAST BOX 608 KALISPELL, MT 59901
19
PACIFIC WINDOW CLEANING ATTN: JIM MAHONEY $294.00
399
$294.00
UNS
11-11799
12709 10TH N.W. SEATTLE, WA 98177
Claimant Reason
20
PROLAB DIGITAL IMAGING ATTN: NICHOLAS URMOSSY - JULIA URMOSSY $1,066.77
275
$1,066.77
UNS
11-11795
5441 WEST 104TH STREET LOS ANGELES, CA 90045
21
RICK SCOTT CONSTRUCTION INC ATTN: RICK SCOTT $1,731.93
217
$1,731.93
UNS
11-11795
4303 N. PLEASANT VIEW RD PONCA CITY, OK 74601
Based on a review of the supporting documentation filed with the claim, the claim is supported by invoices that are not reflected on the Debtors' books and records. As such, the Debtors object to the claim based on no liability.
22
SHAW INDUSTRIES, INC. ATTN: DAVID R HOPKINS $13,762.02
23
$13,762.02
UNS
11-11795
P.O. BOX 40 DALTON, GA 30722
Based on a review of the Debtors books and records, $5,491.75 of the claim was paid on 7/19/2011. As such, the Debtors object to $5,491.75 of the claim based on satisfaction. In addition, $8,270.27 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $8,270.27 of the claim based on no liability.
23
SOUTHERN WINE & SPIRITS OF CALIFORNIA ATTN: FLORA GARCIA $12,981.74
10
$12,981.74
UNS
11-11795
17101 VALLEY VIEW AVE CERRITOS, CA 90703
Based on a review of the Debtors books and records, $1,854.76 of the claim was paid on 6/22/2011; $6,750.57 of the claim was paid on 6/17/2011; $422.96 of the claim was paid on 6/1/2011; $1,039.17 of the claim was paid on 6/29/2011; $796.88 of the claim was paid on 5/4/2011; $359.48 of the claim was paid on 6/24/2011; $573.64 of the claim was paid on 6/11/2011; and $341.74 of the claim was paid on 7/5/2011. As such, the Debtors object to $12,139.20 of the claim based on satisfaction. In addition, $842.54 of the claim is supported by invoices not reflected on the Debtors books and records; therefore, the Debtors object to $842.54 of the claim based on no liability.
Claimant Reason
24
ULTRASONIC BLIND CLEANING ATTN: JOE WILSON $270.00
385
$270.00
UNS
11-11795
2201 E. WILLOW ST., STE D # 339 SIGNAL HILL, CA 90755
Based on a review of the supporting documentation filed with the claim, the claim is supported by an invoice not reflected on the Debtors books and records. As such, the Debtors object to the claim based on no liability.
25
VERNS PLUMBING HEATING AND AIR CONDITIONING $89.00
74
$89.00
UNS
11-11795
ATTN: LYNDA M. WHITSON 3505 W ASHLAN FRESNO, CA 93722 395 $1,373.21 UNS 11-11795
Based on a review of supporting documentation filed with the claim, the claim is for amounts owed solely for services provided post-petition. As such, the Debtors object to the claim based on the fact that it is for post-petition services.
26
WASTE PRO-FL, FT MYERS ATTN: MICHELLE WELLING $1,373.21
P.O. BOX 60717 FT MYERS, FL 33906
27
WFTV, INC. ATTN: KAREN ELIZABETH TUECH $1,020.00
394
$1,020.00
UNS
11-11795
P.O. BOX 863324 ORLANDO, FL 32886-3324
Claimant Reason
201112191210
Debtor Case Number Legend 11-11795 (795) PERKINS & MARIE CALLENDERS INC. 11-11796 (796) PERKINS & MARIE CALLENDER'S HOLDING INC. 11-11797 (797) PERKINS & MARIE CALLENDER'S REALTY LLC
11-11798 (798)
PERKINS FINANCE CORP.
11-11799 (799) 11-11800 (800)
WILSHIRE RESTAURANT GROUP LLC PMCI PROMOTIONS LLC
11-11801 (801)
MARIE CALLENDER PIE SHOPS, INC.
11-11802 (802) 11-11803 (803)
MARIE CALLENDER WHOLESALERS, INC. MACAL INVESTORS, INC.
11-11804 (804)
MCID, INC.
11-11805 (805) 11-11806 (806)
WILSHIRE BEVERAGE, INC. FIV CORP.
00-00000 (000)
NO DEBTOR AND CASE GIVEN
Claim Class Code Legend UNS Unsecured Claim
PRI Priority Claim SEC Secured Claim 503(b)(9) 503(b)(9) Claim
ADM
Administrative Claim
Page 7 of 7

10000018861

Enviado por

Dados do documento

Descrição original:

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

10000018861

Enviado por

Direitos autorais:

Formatos disponíveis

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDERS INC.

,1 et al., Chapter 11 Case No. 11-11795 (KG) Jointly Administered Debtors.

EXHIBIT 1 Larson-Young Declaration

the claims reconciliation and objection process in the Chapter 11 Cases.

EXHIBIT 2 Proposed Order

____________________________________ Kevin Gross Chief United States Bankruptcy Judge

EXHIBIT A Modified Amount Claims

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

A.C. FURNITURE CO., INC.

ATTN: LISA NUNN

P.O. BOX 200

ABC CARPET CLEANING

ATTN: CHAD BROSSIA $2,900.00 $1,680.00

859 NONASTONE RUN

ACCUTEMP PRODUCTS, INC.

ATTN: DAVID P. OGRAM $6,602.45 $4,504.89

4044 SOLUTIONS CENTER

ADVANCED FIRE EQUIPMENT OF C. FL INC

ATTN: CHERYL NOLAND $506.16 $223.20

115 S. LAUREL AVE

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

ATTN: SANDRA L. MORAN 2678 BUTZTOWN ROAD BETHLEHEM, PA 18017

ATTN: RICHARD JENNINGS $2,831.12 $1,193.26

2921 MERIDAN AVE. EAST

ALL TEMP REFRIGERATION, INC.

ATTN: BRIAN JOYNER $18,422.09 $12,515.52

CEDAR RAPIDS, IA 52408-8060

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

ALPHA & OMEGA GARDENING ATTN: GERALD L. KOOP $2,712.99 $2,144.45

104 COREMARK CT. BAKERSFIELD, CA 93307

AMERICAN LINEN SUPPLY-ST CLOUD

ATTN: SHAWNTEL MISTIC $324.19 $191.73

6500 SAUKVIEW DRIVE

AMERIPRIDE LINEN & APPAREL INC ATTN: SHAWNTEL MISTIC $544.73

P.O. BOX 518 BEMIDJI, MN 56619

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

AMERIPRIDE UNIFORM SERVICES ATTN: SHAWNTEL MISTIC $589.18 $307.99

335 WASHINGTON STREET BAKERSFIELD, CA 93307-2719

ATTN: A-TECH COLLECTIONS $15,576.30 $7,788.15

BOB & DAVE'S LAWN AND LANDSCAPE

MAINTENANCE, INC. $1,824.29 $1,619.80

ATTN: VALERIE A MARCKS

BORSCHE ROOFING PROFESSIONALS INC ATTN: DAVID A SCHULTZ $472.44

PO BOX 160 HORTONVILLE, WI 54944

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

BRANDCO ATTN: ROBIN E. BRAND $1,550.05 $289.02

P.O. BOX 1631 BAKERSFIELD, CA 93302-1631

ATTN: RA BLAKE $542.49 $166.92

P.O. BOX 772

ATTN: DELLAS COLE $1,060.80 $530.40

227 22ND AVE.

ATTN: LYLE EVANSON $292.39 $170.31

P.O. BOX 244

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

CE-ENGRAVING ATTN: VALERIE ARMOUR $2,204.61 $1,644.40

13915 LINCOLN STREET NE SUITE A HAM LAKE, MN 55304

ATTN: LINDA F. HULSEY $41,133.63 $34,303.49