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Hereby gives evidence and notice pursuant to Rule 3001(e)(1), Fed. R. Bankr. P., of the transfer, other than for security, of the claim referenced in this evidence and notice. I declare under penalty of perjury that the information provided in this notice is true and correct to the best of my knowledge and belief.
Hereby gives evidence and notice pursuant to Rule 3001(e)(1), Fed. R. Bankr. P., of the transfer, other than for security, of the claim referenced in this evidence and notice. I declare under penalty of perjury that the information provided in this notice is true and correct to the best of my knowledge and belief.
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Hereby gives evidence and notice pursuant to Rule 3001(e)(1), Fed. R. Bankr. P., of the transfer, other than for security, of the claim referenced in this evidence and notice. I declare under penalty of perjury that the information provided in this notice is true and correct to the best of my knowledge and belief.
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District of Delaware In re: Marie Callender Pie Shops, Inc., Perkins & Marie Callender's Inc, Case No. 11-11801, (Jointly Administered Under Case No 11-11795) NOTICE OF TRANSFER OF CLAIM OTHER THAN FOR SECURITY A CLAIM HAS BEEN FILED IN THIS CASE or deemed filed under 11 U.S.C. 1111(a). Transferee hereby gives evidence and notice pursuant to Rule 3001(e)(1), Fed. R. Bankr. P., of the transfer, other than for security, of the claim referenced in this evidence and notice. Name of Transferee: Name of Transferor: Fair Harbor Capital, LLC Superior Landscape Services As assignee of Superior Landscape Services Name and Address where notices to transferee Court Claim # (if known): none should be sent: Amount of Claim: $1,920.00 Date Claim Filed: Fair Harbor Capital, LLC Ansonia Finance Station PO Box 237037 New York, NY 10023 Name and Address of Transferor: Superior Landscape Services David Cockran PO Box 1563 Orangevale, CA 95610 Phone: ___212 967 4035________________ Phone: Last Four Digits of Acct #: ____n/a________ Last Four Digits of Acct. #: ___n/a____ Name and Address where transferee payments should be sent (if different from above): Phone: ________n/a____________________ Last Four Digits of Acct #: _____n/a_______ I declare under penalty of perjury that the information provided in this notice is true and correct to the best of my knowledge and belief. By:________/s/Fredric Glass__________________________ Date:____Thursday, August 04, 2011_________ Transferee/Transferee's Agent Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. 152 & 3571.
United States Bankruptcy Court District of Delaware In re: Marie Callender Pie Shops, Inc., Perkins & Marie Callender's Inc, Case No. 11-11801, (Jointly Administered Under Case No 11-11795) NOTICE OF TRANSFER OF CLAIM OTHER THAN FOR SECURITY Claim No. (if known) none was filed or deemed filed under 11 U.S.C. 1111(a) in this case by the alleged transferor. As evidence of the transfer of claim, the transferee filed a Transfer of Claim Other than for Security in the clerk's office of this court on Thursday, August 04, 2011. Name of Transferee: Name of Transferor: Fair Harbor Capital, LLC Superior Landscape Services As assignee of Superior Landscape Services Fair Harbor Capital, LLC Ansonia Finance Station PO Box 237037 Name and Address of Transferor: New York, NY 10023 Superior Landscape Services David Cockran PO Box 1563 Orangevale, CA 95610 ~DEADLINE TO OBJECT TO TRANSFER~ The transferor of claim named above is advised the this Notice of Transfer of Claim Other than for Security has been filed in the clerk's office of this court as evidence of the transfer. Objection must be filed with the court within twenty (20) days of the mailing of this notice. If no objection is timely received by the court, the transferee will be substituted as the original claimant without further order of the court. Date:_________________ ____________________________ Clerk of the Court c,;n!. 1J0. ri?FP c;/A 55 rn., ;ll;l 9(, '1/4J United Statell Blnkruptcy Court, Dl$tI'ltt of Del.....re 7-'t"'/ ."' ---------------------------------------x In re: Chapter 11 MARIE CALLENDER PI SHOPS, me., Case No. 11-11801 Debtor. Amount $1,920.00 ---------------------------------------------X (Jointly Administrated Under Case No. 11-11795) TRANSFER OF CLAIM OTHER THAN FOR SECURITY AND WAIVER OF NOTICE Bankruptcy Rule 3000(e) PLEASE TAKE NOTICE that the scheduled claim ofSUPElUOR LANDSCAPE SERVICES (UTransferot") against the Debtor(s) in the -- amount of 51,9%0.00, as listed within Schedule Fofthe Schedule ofAssets and Liabilities filed by the DebtOT(s), and all clllims (including without limitation the Proof of Claim, ifany, identified below end Tt8I)sferot's tights to receive allintere$t, penalties, ClUre payments that it may be entitled to fCQCive on account of the assumption of any executory contract or lease related to the Claimand fees, if any, which mllY be paid with respect to the Claim and all other claims. causes ofaction against the Debtor, its affiliates, any guarantor 01' other third pany, togedler with voting and other rights IIIld benefits arising from, undt,:r or n::lating to any or the foregoing, and allQ&;h, securities., instruments and other property which may be paid or issued by Debtor in satisfaction ofthe Claim) of have been lImlsferred and assigned other than for security to Fair Harbor Capital, l.,.LC _ (''Transferee'') in consideration ofthe sum signature ofthe Transferee on this TRANSFER OF CLAIM OTHER THAN FOR. _ SECURITY AND WAIVER OF NOTICE is evidence of the Transfer of the claims and aJ I rights and benc:fits of Transferor relating to the Claim. The Claim is based on amounts owed to TranSfetOr by Oebtor and this tranSfer shaH dc:emed an absolute and unconditional transfer ofthe Claim for of collewon lind shall not be deemed to create a security interest. Please note that Fair Harbor Capital, LLC is not obligated to file any application, motion, ProofofClllim or other doc.:ument wilh the BlIIIkruptcy Court with regard to your claim. I, the under$igtted Tnmgferor ofthe aboe-descn'bed claims. assign.-anE! transm m,..-claims e.M 11 rlgI1tsther.vn.rto the Transferee upon temlS as set forth In cover letter receIved. I repmc:Dt and warrantthat the claim is not less th8li $1,920.00 and has not been p1\lViously objected to, sold, or satisfied. Upon notification by Transferee, I agree to n::iTtlbursc: Transferee a pro-rata portion ot'the price it' the claim is reduced, objected to, or disallowed in whole: or part by the DebtOf, the Court, or any other party and Transferor represents and W9.l'I'8I1ts that there are no offsets or defenses or prefereTJtial that Iw.vc been or may be asserted by or on behalfof Debtor or any other party to reduce the amount oftbe Claim or to impair its value. IfTransferor fails to negotiate the di$1ribution check on or before ninety (90) days after issUili1ce of sUch cf\eclt, then Transferee shall void the distribution check, the amount of casb attributable to such check shall be depositl:d in Transferee's bank acoount, and Transferor shall be 8utomaacally deemed to have waived its Claim. APioofofCisbn HaslHas not (strike one) in !.be amount oU been duly IUId timely filed in the Proceedings (and 8 true copy of such Proofof Claim Is attached to this Assignment). Ifthe Proof ofClaimamount diffe:rs from the: Claim amount set forth above, Transferee shall nevettheless be deemed lhc owner ofthat Proof of Claim subject to the tc:nns ofthis Agreement and shall be entitled to identify itself as owner of such Proof of Claim on the records ofthe Court. In the event the Claim is ultimately allowed in an amount in eXte$s ofthe amount purchased herein, Transferor is hereby deemed to sell to T\'$,l\sfel'ee, lLt TrMsferee's option only, Transferee hereby agrees to PUJ"QMsc, the balance of said Claim at the same percentage of claim paid herein not to exceed twice: the Claim amount specified above. Transferee shall remit sucb payment to Transferor upon Transferee's satisfaction that the Clalrn has been allowed in the higher amount and is not subject to any objec:tion by the Debtor. r, the undersigned Transferor hereby authOri<:Cl TranSferee to file a notice oftl'8nsfer pursuant to Rul1ll3OOl (e) ofthe Federal Rules of Bankruptcy Procedure eFRBP"), with respect to the Claim, while Transferee perfonns its due diligence on the Claim. Transferee, at its sole option, may subsequently transfer the Claim back to Transferor ifdue diligence is not satisfactory, in Transferee's sole and absolute discretion pursuant to Rule 3001 (e) of the FRBP. In the event Transferee tnlnsfets the Claim back to or withdre.ws the transfer, at such time both and Tr.msferee release each oUlet ofall and any obligation or liability n::garding this Assignment of Claim. Transferor hereby acknowledges and consents to all of the tenns set forth in this TtaJ1sfer of Claim and hereby waives (i) Its right to raise any objection hereto, and (ii) its right to receive notice purSUaDt to Rule 3001 (e) of the FRBP. Transferor hereby acknowledges that Transreree may at any time reassign the Claim. together with all right, title and Interest ofTransferee il) lind to this Transfer of Claim. All representation and warranties made berein sh'.u survive the execution and delivCI'Y ofthis Transfer ofClaim aDd any such re-assi&M\ent Otber tk Transferee aU risks lISliOciated with debtor's ability to distribute funds.. .Transferor to ". Fair HarbOT CopitaJ, LLC any correspondence or payments TClilcivcd subsequcnt to thc date Tranmre:e signs tbis agreement. The "lerlc. of the (lOurt is authorized to change the regerding the claimofthe Tnmsferor to that oftbe Transferee listed below. This Transfer of Claim shall be goveme(\ by and construed in accordance with the laws of the State ofNew York. Ally action arising under or relating to this Assignment of Claim may be brought in My State or Pederal CQurt located in the State of New York, and Transferor consCl\ts to Mtd confers personal jurisdiction over Tnmsferor by such court or courts al\d agrees that service of process may be upon Transferor by mailing a copy ofsaid prouss to TransferQr at the address set forth in this Assignment ofClaim, and in Imy action hereunder Tnmsftror waives the right to dClTlll1d trial by jilt)'. 1"l'ensfiWr4ll1Ulowteelze' that, hi the event dlia me Debw,'s btlJlkl'""te,. qau' is di.issed or comC:J ted to a wse Jii06f C....p. '1 of111", iW"'Ie,' Gode and 'f'rihsrerenm p1d(l t'OT me rillitO; nan.Sf Ilbioll-immlld' ,,, ip qaal te Gte (;lIn", ew"el'Ship of the elaim bad tt>-rtusf'eror.. 11 "Iff"l';"'-'rrt -h 5. L. S TRANSFEROR: TRANSFEREE; Cv./"") , SUPERIOR. LANPSCAPE SERVICES Fair Harbor Capital, LLC P.O. BOX lS63 1841 BrOadway, 10th Fl. NY, NY 10023 ORANGEVALE,CA S61 . A Pril'lt Name: '. w tle: o.,.,..pc Signature: Date: UpdaledAddress(tfCMnnd): 'SAW.F _ Fax: 9ft". ': ' !'""