Case 3:20-Bk-03138 Doc 310 Filed 09/16/20 Entered 09/16/20 13:45:43 Desc Main Document Page 1 of 109 Exhibit A
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Case 3:20-bk-03138 Doc 310 Filed 09/16/20 Entered 09/16/20 13:45:43 Desc Main Document Page 1 of 109 Exhibit A Case 3:20-bk-03138 Doc 310 Filed 09/16/20 Entered 09/16/20 13:45:43 Desc Main Document Page 2 of 109 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION IN RE: ) ) Case No. 3:20-bk-03138 OLD TIME POTTERY, LLC,1 ) Chapter 11 ) Judge Marian F. Harrison Debtor. ) NOTICE OF DEADLINE FOR FILING PROOFS OF CLAIMS TO ALL PERSONS AND ENTITIES WITH CLAIMS AGAINST THE DEBTORS, INCLUDING WITHOUT LIMITATION CLAIMS UNDER SECTION 503(b)(9) OF THE BANKRUPTCY CODE: PLEASE TAKE NOTICE THAT, on September 3, 2020, the Middle District Court of Tennessee, Bankruptcy Division, Nashville, TN (the “Court”), having jurisdiction over the chapter 11 case of Old Time Pottery, LLC (the “Debtor”), entered an order (the “Claims Bar Date Order”) (Docket No. 251) an order requiring all persons, entities and governmental units holding a claim (as defined below) or a 503(b)(9) Claim (as defined below) to file with the Court a proof of claim form asserting such claim by the deadlines set forth below. The following DEADLINES have been established: 1. All non-governmental creditors of Debtors who hold claims arising prior to June 28, 2020 and whose claims are scheduled as disputed, contingent or unliquidated, whose claims are not scheduled, or who disagree with their scheduled claim must file with the Court a proof of claim with the Clerk of the Bankruptcy Court on or before October 6, 2020 (the “GENERAL CLAIMS BAR DATE”). 2. Any creditor asserting a 503(b)(9) Claim for goods received by the Debtors within twenty (20) days prior to the Petition Date in the ordinary course of the Debtors’ business must file with the Court a request for payment of such 503(b)(9) Claim (each a “503(b)(9) Proof of Claim”) on or before October 6, 2020 (the “503(b)(9) CLAIMS BAR DATE”). 3. Any party whose claim arises from, or as a consequence of, rejection of an executory contract or an unexpired lease must file with the Court its proof of claim on or before the later of (a) 30 days after entry of the order rejecting said contract or lease or (b) the General Claims Bar Date (the “REJECTION BAR DATE”). For the avoidance of doubt, claims arising from the rejection of unexpired leases of the debtors for 1 The Debtor’s “Affiliate Debtor” that is jointly administered within this case, is OTP Holdings, LLC, Case No. 3:20-bk-03139. Case 3:20-bk-03138 Doc 310 Filed 09/16/20 Entered 09/16/20 13:45:43 Desc Main Document Page 3 of 109 purposes of the bar date order shall include any claims under such unexpired leases as of the Petition Date, and such parties shall not be required to file Proofs of Claim with respect to prepetition amounts unless and until such unexpired lease has been rejected. 4. All Governmental Units, as defined in section 101(27) of the Bankruptcy Code, which includes without limitation the United States, all States, Commonwealths, Districts, Territories, municipalities, foreign states, and all departments, agencies or instrumentalities of the foregoing, who assert a claim against the Debtor that arose prior to June 28, 2020 must file a proof of claim with the Clerk of the Bankruptcy Court on or before December 28, 2020 (the “GOVERNMENTAL UNIT BAR DATE”). How to File a Claim Instructions for filing general claims and governmental claims may be found at http://www.tnmb.uscourts.gov/file-electronic-proof-claim-epoc. All creditors who are represented by counsel shall file their claims with the Clerk of the Bankruptcy Court through electronic filing at https://ecf.tnmb.uscourts.gov in accordance with the ECF Procedures adopted by this Court. Creditors without counsel may file their general claims at http://www.tnmb.uscourts.gov/file-electronic-proof-claim-epoc. 503(b)(9) Proof of Claims should be filed using the 503(b)(9) Proof of Claim Form attached hereto. All creditors who are represented by counsel may file their claims with the Clerk of the Bankruptcy Court through electronic filing at https://ecf.tnmb.uscourts.gov in accordance with the ECF Procedures adopted by this Court. Definitions The term “claim” has the meaning set forth in Section 101(5) of the Bankruptcy Code, and includes without limitation, any right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. The term “503(b)(9) Claim” shall mean any claim arising pursuant to sections 503(b)(9) of the Bankruptcy Code that was incurred, accrued, or arose during the period from and including 20 days before the Petition Date and entitled to an administrative expense priority under section 503(b)(9) of the Bankruptcy Code. The term “Governmental Unit” has the meaning sect forth in Section 101(27) of the Bankruptcy Code, which includes without limitation the United States, all States, Commonwealths, Districts, Territories, municipalities, foreign states, and all departments, agencies or instrumentalities of the foregoing Case 3:20-bk-03138 Doc 310 Filed 09/16/20 Entered 09/16/20 13:45:43 Desc Main Document Page 4 of 109 Consequences of Failure to File a Proof of Claim ANY HOLDER OF A CLAIM THAT IS REQUIRED TO FILE, BUT FAILS TO FILE, A PROOF OF CLAIM IN ACCORDANCE WITH THE PROCEDURES SET FORTH HEREIN ON OR BEFORE THE CLAIMS BAR DATE (A) WILL BE FOREVER BARRED AND ESTOPPED FROM ASSERTING THEIR CLAIM(S) AGAINST THE DEBTORS AND/OR THEIR ESTATES AND (B) WILL NOT BE PERMITTED TO RECEIVE PAYMENT FROM THE DEBTORS’ ESTATES OR PARTICIPATE IN ANY DISTRIBUTION UNDER ANY PLAN OF REORGANIZATION IN THE DEBTORS’ CHAPTER 11 CASES ON ACCOUNT OF SUCH CLAIMS. If you have any questions relating to this Notice, please contact Michelle Harding at (615) 259-6762. RESERVATION OF RIGHTS The Debtors reserve the right to object to (a) any claim, whether filed or scheduled (e.g., as contingent, unliquidated or disputed), and (ii) any Claim on any ground, or to dispute, or to assert offsets against or defenses to, any claim, as to amount, liability, classification, or otherwise, and to subsequently designate any claim as disputed, contingent and/or unliquidated. THE FACT THAT YOU HAVE RECEIVED THIS NOTICE DOES NOT MEAN THAT YOU HAVE A CLAIM, OR THAT THE DEBTOR OR THE COURT BELIEVES THAT YOU HAVE A CLAIM. YOU SHOULD NOT FILE A PROOF OF CLAIM IF YOU DO NOT HAVE A CLAIM AGAINST THE DEBTORS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS, INCLUDING WHETHER YOU SHOULD FILE A PROOF OF CLAIM. THE ATTORNEYS FOR THE DEBTORS ARE NOT AUTHORIZED TO PROVIDE YOU WITH ANY LEGAL ADVICE. BY ORDER OF THE COURT Case 3:20-bk-03138 Doc 310 Filed 09/16/20 Entered 09/16/20 13:45:43 Desc Main Document Page 5 of 109 Exhibit B Case 3:20-bk-03138 Doc 310 Filed 09/16/20 Entered 09/16/20 13:45:43 Desc Main Document Page 6 of 109 UNITED STATES BANKRUPTCY COURT FOR 503(b)(9) PROOF OF CLAIM 503(b)(9) Claims THE MIDDLE DISTRICT OF TENNESSEE Bar Date October 6, 2020 Note: This form should only be used by claimants asserting a 503(b)(9) Claim against Old Time Pottery, LLC THIS FORM SHOULD NOT BE USED FOR ANY CLAIMS THAT ARE NOT OF A KIND ENTITLED TO PRIORITY IN ACCORDANCE WITH 11 U.S.C. §§ 503(b)(9). Name of Creditor □ Check box if you are aware that anyone else has filed a (The person or entity to whom the debtor owes money or property) proof of claim relating to your administrative expense claim. Attach copy of statement giving particulars. Name and Addresses Where Notices Should be Sent: Check here if this claim: □ replaces or □ amends a previously filed administrative expense claim. Claim Number (if known): Dated: _ ACCOUNT OR OTHER NUMBER BY WHICH CREDITOR IDENTIFIES DEBTOR: 1. BASIS FOR ASSERTING GOODS WERE RECEIVED BY DEBTORS WITHIN TWENTY (20) DAYS OF PETITION DATE: 2. DATE DEBT WAS INCURRED (IF KNOWN): 3. DESCRIPTION OF CLAIM (IF KNOWN): 4. TOTAL AMOUNT OF CLAIM: $ (Total) THIS SPACE IS FOR COURT 5. CREDITS AND SETOFFS: The amount of all payments on this claim has been credited and deducted for the purpose of making this proof of USE ONLY claim. In filing this claim, claimant has deducted all amounts that claimant owes to debtor. 6. SUPPORTING DOCUMENTS: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, shipping documents, itemized statements of running accounts, contracts, court judgments, or evidence of security interests. Do not send original documents. If the documents are not available, explain. If the documents are voluminous, attach a summary. Date: Sign and print the name and title, if any, of the creditor or other person authorized to file this Claim (attach copy of power of attorney, if any) Case 3:20-bk-03138 Doc 310 Filed 09/16/20 Entered 09/16/20 13:45:43 Desc Main Document Page 7 of 109 Exhibit C Case 3:20-bk-03138 Doc 310 Filed 09/16/20 Entered 09/16/20 13:45:43 Desc Main Document Page 8 of 109 Exhibit C Served Via First-Class Mail Name Attention Address 1 Address 2 Address 3 City State Zip Country 1 IN 6 SNACKS LLC JOSH MONAHAN 5205 HILLSBOROUGH ST RALEIGH NC 27606 10 STRAWBERRY STREET 3837 MONACO PARKWAY DENVER CO 80207 1-800-PLUMBER 125 LENORE AVE GREENVILLE SC 29617 1888 MILLS ONE S 660 MIDWEST ROAD SUITE 320 OAKBROOK TERRACE IL 60181 1998 IRREVOCABLE TRUST FOR HARRY G.