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Buckingham Senior Living Community, Inc Case 21-32155 Document 202 Filed in TXSB on 08/18/21 Page 1 of 128 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: § § CASE NO. 21-32155 (MI) BUCKINGHAM SENIOR LIVING § COMMUNITY, INC.1 § CHAPTER 11 § Debtor. § § AFFIDAVIT OF SERVICE I, Victoria X. Tran, depose and say that I am employed by Stretto, the claims and noticing agent for the Debtors in the above-captioned case. On August 16, 2021, at my direction and under my supervision, employees of Stretto caused the following documents to be served via first-class mail on the service list attached hereto as Exhibit E: former refund • [Customized] Former Resident Notice of Entry of Order Establishing Bar Dates for Filing Proofs of Claim (attached hereto as Exhibit A) • [Customized] Proof of Claim Official Form 410 • Proof of Claim Form Instructions (attached hereto ad Exhibit D) Furthermore, on August 16, 2021, at my direction and under my supervision, employees of Stretto caused the following documents to be served via first-class mail on the service list attached hereto as Exhibit F: Current Res • [Customized] Current Resident Notice of Entry of Order Establishing Bar Dates for Filing Proofs of Claim (attached hereto as Exhibit B) • [Customized] Proof of Claim Official Form 410 • Proof of Claim Form Instructions (attached hereto ad Exhibit D) Furthermore, on August 16, 2021, at my direction and under my supervision, employees of Stretto caused the following documents to be served via first-class mail on the service list attached hereto as Exhibit G: Matrix & Standard Schd. • [Customized] Notice of Entry of Order Establishing Bar Dates for Filing Proofs of Claim (attached hereto as Exhibit C) 1 The last four digits of the Debtor’s federal tax identification number are: 7872. The location of the Debtor’s principal place of business and the service address for the Debtor is: 8580 Woodway Drive Houston, Texas 77063. Case 21-32155 Document 202 Filed in TXSB on 08/18/21 Page 2 of 128 Case 21-32155 Document 202 Filed in TXSB on 08/18/21 Page 3 of 128 Exhibit A Case 21-32155 Document 202 Filed in TXSB on 08/18/21 Page 4 of 128 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: § § CASE NO. 21-32155 (MI) BUCKINGHAM SENIOR LIVING § COMMUNITY, INC.1 § CHAPTER 11 § Debtor. § Re: Dkt. No. 74 § FORMER RESIDENT NOTICE OF ENTRY OF ORDER ESTABLISHING BAR DATES FOR FILING PROOFS OF CLAIM YOU ARE RECEIVING THIS PERSONALIZED NOTICE BECAUSE YOU ARE EITHER (I) A FORMER RESIDENT OF THE BUCKINGHAM; OR (II) AN AUTHORIZED REPRESENTATIVE OF A FORMER RESIDENT OF THE BUCKINGHAM AND HAVE A PRE-PETITION REFUND QUEUE CLAIM. RESIDENT NUMBER:____ SCHEDULED CONTINGENT PRE-PETITION REFUND QUEUE AMOUNT: ___ PURSUANT TO THE BAR DATE ORDER, YOU DO NOT NEED TO FILE A PROOF OF CLAIM IF YOU AGREE WITH THE REFUND QUEUE AMOUNT LISTED ABOVE. IF YOU DISAGREE WITH: (I) THE REFUND QUEUE AMOUNT, OR (II) HAVE A CLAIM THAT IS NOT BASED ON YOUR ENTRANCE FEE, PLEASE FOLLOW THE INSTRUCTIONS BELOW FOR FILING A PROOF OF CLAIM ON OR BEFORE SEPTEMBER 17, 2021 AT 5:00 P.M. (PREVAILING PACIFIC TIME). PLEASE TAKE NOTICE THAT: The United States Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”) has entered an order (the “Bar Date Order”) [Dkt. No. 172] establishing bar dates for filing proofs of claim in In re Buckingham Senior Living Center (Case No. 21-32155) against Buckingham Senior Living Community, Inc. (“The Buckingham” or the “Debtor”). 1. BAR DATES A. BAR DATE. Pursuant to the Order Establishing the Deadline for Filing Proofs of Claim and Approving the Form and Manner of Notice Thereof (the “Bar Date Order”), the Bankruptcy 1 The last four digits of the Debtor’s federal tax identification number are: 7872. The location of the Debtor’s principal place of business and the service address for the Debtor is: 8580 Woodway Drive Houston, Texas 77063. REFUND QUEUE BAR DATE NOTICE PAGE 1 148641664 Case 21-32155 Document 202 Filed in TXSB on 08/18/21 Page 5 of 128 Court established 5:00 p.m., prevailing Pacific Time, September 17, 2021 (the “Claims Bar Date”) as the deadline for all persons and entities, except Governmental Units (as defined in section 101(27) of the Bankruptcy Code) holding or asserting claims (as defined in section 101(5) of the Bankruptcy Code) against the Debtor to file such Proof of Claim. You must submit any Proof of Claim so that it is actually received at the address below on or prior to the Claims Bar Date. B. GOVERNMENTAL BAR DATE. The deadline for all Governmental Units to file Proofs of Claim is 5:00 p.m., prevailing Pacific Time, January 5, 2022 (the “Governmental Bar Date”). You must submit any Proof of Claim so that it is actually received at the address below on or prior to the Governmental Bar Date. 2. WHO MUST FILE Claim and Interest Holders. If you have a claim or interest that arose or is deemed to have arisen before June 25, 2021 (the “Petition Date”), you MUST file a Proof of Claim by the applicable Bar Date to share in distributions from the estate and vote on any plan, unless one of the exceptions described in Section 5 below applies. A “claim” is: (a) a right to payment, whether or not such right is reduced to judgment, liquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured; or (b) a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured. FORMER RESIDENTS/AUTHORIZED REPRESENTATIVES: IF YOU AGREE WITH THE REFUND QUEUE AMOUNT LISTED ABOVE, YOU DO NOT NEED TO FILE A PROOF OF CLAIM. IF YOU DISAGREE WITH (I) THE REFUND QUEUE AMOUNT, OR (II) HAVE A CLAIM THAT THAT IS NOT BASED ON YOUR ENTRANCE FEE, PLEASE FOLLOW THE INSTRUCTIONS BELOW FOR FILING THE ENCLOSED PERSONALIZED PROOF OF CLAIM FORM. 3. WHAT TO FILE Proof of Claim Form. If you are the holder of a claim against or interest in the Debtor, you may obtain a Proof of Claim form (the “Proof of Claim Form”) from http://www.uscourts.gov/forms/bankruptcy-forms or at https://cases.stretto.com/TheBuckingham, or by contacting the Bankruptcy Management Solutions, Inc. d/b/a Stretto (“Stretto” or the “Noticing and Balloting Agent”) bankruptcy hotline at (855) 797-7678 (Toll-Free) or (949) 337-1247 (Internationally) and requesting one. You must use a Proof of Claim Form that conforms substantially to Official Bankruptcy Form B10. FORMER RESIDENTS/AUTHORIZED REPRESENTATIVES: IF YOU AGREE WITH THE REFUND QUEUE AMOUNT LISTED ABOVE, YOU DO NOT NEED TO FILE A PROOF OF CLAIM. IF YOU DISAGREE WITH (I) THE REFUND QUEUE AMOUNT, OR (II) HAVE REFUND QUEUE BAR DATE NOTICE PAGE 2 148641664 Case 21-32155 Document 202 Filed in TXSB on 08/18/21 Page 6 of 128 A CLAIM THAT THAT IS NOT BASED ON YOUR ENTRANCE FEE, PLEASE FILE THE ENCLOSED PERSONALIZED PROOF OF CLAIM FORM BY 5:00 P.M., PREVAILING PACIFIC TIME, SEPTEMBER 17, 2021. 4. WHEN AND WHERE TO FILE Pursuant to the terms of the Bar Date Order, and except as otherwise provided herein, each person or entity desiring to file a Proof of Claim must send the Proof of Claim Form consistent with this Notice, to the Noticing and Balloting Agent, either (a) electronically via Stretto’s website https://cases.stretto.com/TheBuckingham or (b) by first-class mail, messenger, or overnight courier to: The Buckingham Claims Processing c/o Stretto 410 Exchange, Suite 100 Irvine, CA 92602 You should not file a Proof of Claim if you do not have a claim against or interest in the Debtor. The fact that you received this Notice does not necessarily mean that you have a claim against or interest the Debtor. Proofs of Claim will be deemed timely filed only if actually received by the Noticing and Balloting Agent on or before the applicable Bar Date. 5. WHO IS NOT REQUIRED TO FILE The following persons or entities are not required to file Proofs of Claim: (a) Any person or entity whose claim is listed on the schedules and (a) whose claim is not described thereon as disputed, contingent, or unliquidated; (b) who does not dispute the amount or priority of the claim set forth in the schedules, and (c) who does not dispute that the claim is an obligation of the Debtor; (b) Any Resident (or authorized representative of such Resident) who holds a claim solely with respect to any claims held by such Residents on account of an Entrance Fee and who does not dispute the amount set forth in the schedules, even if such Entrance Fee claim is scheduled by the Debtor as contingent or unliquidated; provided, however, that a proof of claim must be filed on or prior to the Claims Bar Date for any claim of a Resident (or authorized representative of such Resident) to the extent that such claim is not for an Entrance Fee; (c) Any person or entity whose claim has been paid in full, including, but not limited to any claim of an employee of the Debtor’s for ordinary course wages or benefits to the extent already paid; REFUND QUEUE BAR DATE NOTICE PAGE 3 148641664 Case 21-32155 Document 202 Filed in TXSB on 08/18/21 Page 7 of 128 (d) Any holder of a claim allowable under sections 503(b) or 507(a) of the Bankruptcy Code as an administrative expense of this Chapter 11 Case (other than the 20-day Administrative Claims allowable under section 503(b)(9) of the Bankruptcy Code, which are subject to the Claims Bar Date), including any professionals retained by the Debtor, professionals retained
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