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NOTICE OF DEBTORS FOURTH (4th) 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 THOSE HOLDERS OF DISPUTED CLAIMS LISTED ON EXHIBIT A TO THE PROPOSED ORDER ATTACHED TO THE OBJECTION AS EXHIBIT 2: * YOUR SUBSTANTIVE RIGHTS MAY BE AFFECTED BY THE OBJECTION AND ANY FURTHER OBJECTION THAT MAY BE FILED BY THE DEBTORS ** THE RELIEF SOUGHT IN THE OBJECTION IS WITHOUT PREJUDICE TO THE DEBTORS RIGHTS TO PURSUE FURTHER NON-SUBSTANTIVE AND/OR SUBSTANTIVE OBJECTIONS AGAINST THE DISPUTED CLAIMS LISTED ON EXHIBIT A TO THE PROPOSED ORDER
TO:
(I) THE U.S. TRUSTEE; (II) COUNSEL TO THE COMMITTEE; (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 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 the debtors and debtors-in-possession in the above-captioned cases (collectively, the Debtors) have filed the attached Fourth (4th) Omnibus (Substantive) Objection to Claims Pursuant to Section 502(b) of the Bankruptcy
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.
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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 December 12, 2011 at 4:00 p.m. (ET) (the Response Deadline) with the United States Bankruptcy Court for the District of 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 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 reclassified 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 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 DECEMBER 28, 2011 AT 4:00 P.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.
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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: November 28, 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 PERKINS & MARIE CALLENDERS INC., ET AL., Debtors and Debtors-in-Possession
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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: December 12, 2011 at 4:00 p.m. (ET) Hearing Date: December 28, 2011 at 4:00 p.m. (ET)
DEBTORS FOURTH (4TH) 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 THOSE HOLDERS OF DISPUTED CLAIMS LISTED ON EXHIBIT A TO THE PROPOSED ORDER ATTACHED TO THIS OBJECTION AS EXHIBIT 2: * YOUR SUBSTANTIVE RIGHTS MAY BE AFFECTED BY THIS OBJECTION AND ANY FURTHER OBJECTION THAT MAY BE FILED BY THE DEBTORS ** THE RELIEF SOUGHT IN THIS OBJECTION IS WITHOUT PREJUDICE TO THE DEBTORS RIGHTS TO PURSUE FURTHER NON-SUBSTANTIVE AND/OR SUBSTANTIVE OBJECTIONS AGAINST THE DISPUTED CLAIMS LISTED ON EXHIBIT A TO THE PROPOSED ORDER
Perkins & Marie Callenders Inc. (f/k/a The Restaurant Company) (PMCI) and its above-captioned affiliated debtor entities (collectively, with PMCI, the Debtors), 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 Exhibit A to the proposed form of order
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.
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(the Proposed Order) attached hereto as Exhibit 2, and request the entry of the Proposed Order reclassifying, in full or in part, as appropriate, each of the Disputed Claims, as indicated in further detail below and on Exhibit A to the Proposed Order. In support of this Objection, the Debtors rely on the Declaration of Karen Larson-Young in Support of the Debtors Fourth (4th) 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 Larson-Young Declaration), a copy of which is attached hereto as Exhibit 1. In further support of this Objection, the 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 the Debtors continue 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
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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 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,2 the Plan) pursuant to section 1129 of the Bankruptcy Code and Bankruptcy Rule. 7. 8. The Effective Date of the Plan has not yet occurred. Additional information about the Debtors businesses, the events leading up to the
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 PMCI and Marie Callender Pie Shops, Inc. amended theirs [Docket
For purposes of this Objection, the terms Plan Supplement and Effective Date shall have the meanings ascribed to such terms in the Plan (as hereinafter defined).
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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 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 4
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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. The Bar Date Order also provided that if the Debtors amend or supplement their
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
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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. In addition, in accordance with the Bar Date Order, the Publication Notice (as
defined in the Bar Date Order) was published in the USA Today on July 21, 2011 [see Docket No. 380]. Relief Requested 17. By this Objection, the 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, reclassifying, in full or in part, as appropriate, each of the Disputed Claims, as indicated in further detail below and on Exhibit A to the Proposed Order. 18. In accordance with Local Rule 3007-1(e)(i)(E), the Debtors believe that this
Objection complies in all respects with Local Rule 3007-1. Objection to Reclassified Claims 19. Local Rule 3007-1(f)(iii) provides that an objection based on substantive grounds,
other than incorrect classification of a claim, shall include all substantive objections to such claim. An objection based on incorrect classification of a claim, however, shall be separately filed, provide in the title (or otherwise conspicuously state) that substantive rights may be affected by [the objection] and by any further [o]bjection that may be filed and otherwise compl[y] with [the] Local Rules [other than Local Rules 3007-1(f)(i) and (ii)]. Del. Bankr. L.R. 3007-1(f)(iii).
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20.
The claimants asserting the claims identified under the column titled Claim
Amount/Classification on Exhibit A to the Proposed Order (collectively, the Reclassified Claims) asserted that all or a portion of their claims are entitled to secured, administrative or priority status. After reconciling the Reclassified Claims against their books and records, the Debtors have determined that the priority level of the Reclassified Claims should be adjusted. Specifically, the Reclassified Claims are not entitled, under the Bankruptcy Code or otherwise, to the secured, administrative or priority status set forth in each claimants proof of claim. As a result, the Debtors believe that these Reclassified Claims should be reclassified as indicated in the Modified Claim Amount/Classification column on Exhibit A to the Proposed Order. Any failure to do so would award the claimants undue secured, administrative or priority status to the detriment of other creditors in these Chapter 11 Chases. 21. Accordingly, the Debtors hereby object to the Reclassified Claims and request the
Court to enter the Proposed Order reclassifying, in full or in part, as appropriate, each of the Disputed Claims, as provided for on Exhibit A to the Proposed Order. Reservation of Rights 22. 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 Debtors and their estates 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 23. The Debtors will serve notice of this Objection upon: (i) the U.S. Trustee;
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(ii) counsel to the Committee; (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 Debtors submit that no other or further notice is necessary. Conclusion WHEREFORE, the 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: November 28, 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 PERKINS & MARIE CALLENDERS INC., ET AL., Debtors and Debtors-in-Possession
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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 DEBTORS FOURTH (4th) 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 VP, Finance of Perkins & Marie Callenders Inc. (f/k/a The Restaurant
Company), one of the above-captioned debtors and debtors-in-possession (collectively, the Debtors). 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
the claims reconciliation and objection process in the Chapter 11 Cases. I have read the Debtors Fourth (4th) 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 and am directly, or by and through other personnel or agents of the Debtors, reasonably familiar with the information contained therein, the proposed form of order (the Proposed Order)
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.
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approving the relief requested in the Objection, and the exhibits attached to the Proposed Order. I am authorized to execute this Declaration on behalf of the 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 Debtors claims agent, Omni Management Group, LLC. These efforts resulted in the identification of the Reclassified Claims, as defined in the Objection and identified on Exhibit A to the Proposed Order. 4. The information contained on Exhibit A to the Proposed Order is true and correct
to the best of my knowledge, information and belief. 5. The Debtors have reviewed their books and records and determined that the
Reclassified Claims identified on Exhibit A to the Proposed Order should be reclassified as provided for on Exhibit A in order to prevent the claimants from receiving undue secured, administrative or priority status, to the detriment of other creditors of the Debtors estates. As a result, the Debtors seek to reclassify the Reclassified Claims in the manner provided for on Exhibit A to the Proposed Order. 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 November 28, 2011 /s/ Karen Larson-Young Karen Larson-Young VP, Finance
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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 DEBTORS FOURTH (4TH) 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 Fourth (4th) 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 the above-captioned debtors and debtors-inpossession (collectively, the 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), reclassifying, in full or in part, as appropriate, each of the Disputed Claims identified on Exhibit A 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 best interests of the Debtors, their estates and creditors and other parties 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.
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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 Reclassified Claims identified on Exhibit A attached hereto are hereby reclassified to the priority levels indicated in the column titled Modified Claim Amount/Classification on Exhibit A attached hereto. 3. Any and all rights of 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 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. 4. 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 December ____, 2011
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201111281119
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
1545 $10,687.05 $10,687.05 $10,687.05 UNS $10,687.05 UNS No Amt Given** 503(b)(9) 11-11795 $0.00 503(b)(9)
MEMPHIS, TN 38117
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
1243
$157.48 $225.00
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
$382.48 UNS
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $817.87 UNS
A PARTY RENTALS
725
$817.87
503(b)(9)
11-11801
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services and for rented goods. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
4
$160.00 UNS
362
$160.00
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
339
$454.43
503(b)(9)
11-11801
REDMOND, WA 98073-3400
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $70.66 UNS
660
$70.66
503(b)(9)
11-11801
SPOKANE, WA 99228
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 2 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
7
$201.50 UNS
549
$201.50
11-11801
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services and rented goods. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
432
$112.69
503(b)(9)
11-11795
$0.00 503(b)(9)
$112.69 UNS
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $3,381.39 UNS
337
$3,381.39
503(b)(9)
11-11801
HOUSTON, TX 77098
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services and rented goods. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 3 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
10
$26,165.58 UNS
2008
$26,165.58
503(b)(9)
11-11801
$0.00 503(b)(9)
175 SOUTH WEST TEMPLE SUITE # 510 SALT LAKE CITY, UT 84101
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
11
363
$158.41
503(b)(9)
11-11795
MEMPHIS, TN 38184-1163
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
12
655
$295.00
503(b)(9)
11-11801
SCOTTSDALE, AZ 85271-3674
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 4 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
13
$201.33 UNS
832
$201.33
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
14
360
$395.81
11-11795
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $95.00 UNS
15
1759
$95.00
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 5 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
16
$1,427.37 UNS
407
$1,427.37
503(b)(9)
11-11801
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors and for goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
17
BARRAGAN, RAMIRO
1003
$7,292.00
PRI
11-11801
WHITTIER, CA 90601
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. As such, the entire claim must be reclassified to a general unsecured claim.
18
$500,000.00 UNS
BATE, RUSSELL M. AND MARY LOU C/O CAROLYN V. JOHNSON, POA $3,000,000.00
1840
$3,000,000.00 $2,500,000.00
503(b)(9) SEC
11-11795
$3,000,000.00
Based on review of the supporting documentation filed with the claim, the claim is based on rejection damages for a property lease and therefore must be reclassified to a general unsecured claim.
* - 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 6 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
19
$103.59 UNS
990
$103.59
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors and for goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
20
909
$235.98
PRI
11-11795
$131.40
UNS
WATERLOO, IA 50702
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date and for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $181.79 UNS
21
BLOOM'N HOUSE
1041
$181.79
503(b)(9)
11-11795
BEULAH, ND 58523
Based on review of the supporting documentation filed with the claim, the claim is for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 7 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
22
$360.00 UNS
1242
$360.00
503(b)(9)
11-11801
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
23
723
$8,031.12
503(b)(9)
11-11795
BRAINERD, MN 56401
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (water and electricity). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 PRI $225.00 UNS
24
1444
$225.00
PRI
11-11795
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 8 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
25
426
$3,843.64
503(b)(9)
11-11801
Based on review of supporting documentation filed with the claim, the claim includes $2,112.53 owed for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $2,112.53 of the claim must be reclassified to a general unsecured claim.
26
550
$200.00
11-11795
$0.00 503(b)(9)
$200.00 UNS
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date and for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $244.71 UNS
27
736
$244.71
503(b)(9)
11-11801
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 9 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
28
$448.20 UNS
679
$448.20
11-11801
PORTLAND, OR 97214
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date and for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
29
640
$844.36
11-11795
SAVANNAH, MO 64485
Based on review of the supporting documentation filed with the claim, the claim includes $420.00 owed for services and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $420.00 of the claim must be reclassified to a general unsecured claim.
30
796
$576.79
503(b)(9)
11-11801
$0.00 503(b)(9)
$576.79 UNS
$576.79
Based on review of the supporting documentation filed with the claim, the claim is for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 10 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
31
$720.00 UNS
1434
$720.00
PRI
11-11795
$0.00 PRI
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
32
527
$595.68
503(b)(9)
11-11801
902 NW 49 TH ST $595.68
SEATTLE, WA 98107
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date and for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
33
728
$2,453.48
SEC
11-11795
$0.00 SEC
$2,453.48 UNS
$2,453.48
Based on review of the supporting documentation filed with the claim, the claim is not entitled to secured status under the Bankruptcy Code or otherwise, as the Debtors do not own the underlying real property to which the utilities were provided. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 11 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
34
$4,213.75 UNS
528
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (electricity). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $2,102.78 UNS
35
CITY OF JAMESTOWN, ND
1883
$2,102.78
503(b)(9)
11-11795
JAMESTOWN, ND 58401
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (water, sewer and garbage service). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 12 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
36
$1,802.68 UNS
2163
$1,802.68
503(b)(9)
11-11801
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (water and sewer). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $6,677.36 UNS $6,677.36
1712
$6,460.00
503(b)(9)
11-11795
92 UNION AVE
CRESSKILL, NJ 07626
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date and for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 13 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
38
$3,253.30 $3,323.30 UNS
2106
$70.00
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is solely for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $70.00 of the claim must be reclassified to a general unsecured claim.
39
968
$593.46 $756.53
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
$1,349.99 UNS
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (natural gas). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, $593.46 of the claim must be reclassified to a general unsecured claim.
11-11795 $217.87 503(b)(9) $1,368.23 UNS $1,586.10
40
1677
$1,586.10
BONDURANT, IA 50035-1065
Based on review of the supporting documentation filed with the claim, $1,368.23 of this claim is supported by invoices for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $1,368.23 of the claim must be reclassified to a general unsecured claim.
* - 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 14 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
41
$493.95 $576.24 UNS
277
$82.29
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors and for goods not received within the 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $82.29 of the claim must be reclassified to a general unsecured claim.
42
973
$150.00
503(b)(9)
11-11795
1618 LEISURE DR
CLEARWATER, FL 33756
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $240.00 UNS
43
812
$240.00
503(b)(9)
11-11795
NEWBERN, TN 38059
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 15 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
44
$303.00 $324.59 UNS
975
$21.59
PRI UNS
11-11795
$0.00 PRI
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors, and not on account of taxes owed to a governmental unit. As such, the entire claim must be reclassified to a general unsecured claim.
45
703
$1,755.00
503(b)(9)
11-11795
CINCINNATI, OH 45212
Based on review of the supporting documentation filed with the claim, the claim is for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $125.00 UNS
46
552
$125.00
503(b)(9)
11-11801
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 16 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
47
$331.00 UNS
427
$331.00
503(b)(9)
11-11795
$0.00 503(b)(9)
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
48
1969
$2,160.06
503(b)(9)
11-11801
Based on review of the supporting documentation filed with the claim, $2,150.27 of this claim is supported by invoices for services provided and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $2,150.27 of the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $475.00 UNS
49
358
$475.00
503(b)(9)
11-11795
N FT MYERS, FL 33917
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors and for goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 17 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
50
$8,591.00 UNS
1810
$8,591.00
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
51
1077
$482.07
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $2,694.50 UNS $2,694.50
738
$1,658.35
503(b)(9)
11-11795
14 E CENTRAL ENTRANCE
DULUTH, MN 55811
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 18 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
53
$245.00 UNS
351
$245.00
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
GORDON, KIM
946
$540.00
503(b)(9)
11-11795
P.O. BOX 42
MOORHEAD, MN 56561
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $725.00 UNS $725.00
55
357
$725.00
11-11795
52 EISENHOWER LN N
LOMBARD, IL 60148
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 19 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
56
$188.00 UNS
529
$188.00
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
57
839
$197.17
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $209.81 UNS
58
511
$209.81
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date and for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 20 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
59
$2,364.36 UNS
406
$2,364.36
11-11795
HOLLAND, MI 49423
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (electricity). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. In addition, the claim is not entitled to secured status under the Bankruptcy Code or otherwise, as the Debtors do not own the underlying real property to which the utilities were provided. As such, the entire claim must be reclassified to a general unsecured claim.
60
1202
No Amt Given**
503(b)(9)
11-11795
$24,550.00
UNS
LAGRANGE, IL 60525
Based on review of supporting documentation filed with the claim, the claim includes amounts owed for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 21 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
61
$115.84 UNS
434
$115.84
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
62
INTERLUBE CORPORATION
1036
$272.70
503(b)(9)
11-11795
CINCINNATI, OH 45212
Based on review of the supporting documentation filed with the claim, $94.50 of this claim is supported by invoices for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $94.50 of the claim must be reclassified to a general unsecured claim.
63
1384
$120.00
PRI
11-11801
$0.00 PRI
$120.00 UNS
$120.00
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 22 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
64
$73.48 UNS
983
SEC UNS
11-11801
$0.00 SEC
Based on review of the supporting documentation filed with the claim, the claim is not entitled to secured status under the Bankruptcy Code or otherwise. As such, the claim must be reclassified to a general unsecured claim.
JOEBGEN, MICHAEL
1549
$2,583.00
PRI
11-11795
$0.00 PRI
WAVERLY, IA 50677
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $0.00 PRI $1,332.50 UNS $1,332.50
66
977
$1,332.50
11-11795
P.O. BOX 20
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date and for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. Furthermore the Debtors do not own the underlying real property to which the improvements were furnished. As such, the claim must be reclassified to a general unsecured claim.
* - 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 23 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
67
$385.18 UNS
JOHN'S LOCK & KEY, INC. ATTN: H. KRISTEN ROLAND $385.18 $385.18
1675
$385.18
PRI
11-11795
$0.00 PRI
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors and for goods not received within 20 days prior to the Petition Date. As such, the claim must be reclassified to a general unsecured claim.
68
140
$294.51
PRI
11-11795
OLATHE, KS 66061
Based on review of supporting documentation filed with the claim, the claim is solely for amounts owed for utilities (water and sewer services), and not taxes owed to governmental units. As such, the entire claim should be reclassified as a general unsecured claim.
69
1824
$197.95
503(b)(9)
11-11795
$0.00 503(b)(9)
$197.95 UNS
$197.95
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 24 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
70
$4,335.00 UNS
1996
$2,380.00 $1,955.00
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
71
KIMT-TV
414
$5,226.04
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $1,484.10 UNS
72
KSUM KFMC
402
$1,484.10
503(b)(9)
11-11795
FAIRMONT, MN 56031
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 25 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
73
1762
$562.18
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, $270.23 of this claim is supported by invoices for services provided and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $270.23 of the claim must be reclassified to a general unsecured claim.
74
1260
$139.79
503(b)(9)
11-11801
$0.00 503(b)(9)
$139.79 UNS
M & M RESTAURANT SUPPLY & SERVICE ATTN: MARIBETH DURAZO $139.79 $139.79
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services and goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
$0.00 PRI $835.00 UNS $835.00
75
120
$835.00
11-11795
ATOKA, TN 38004
Based on review of supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. As such, the entire claim should be reclassified as a general unsecured claim.
* - 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 26 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
76
$10,661.20 UNS
MADISON GAS AND ELECTRIC - WI C/O STAFFORD ROSENBAUM LLP $10,661.20 $10,661.20
1092
$10,661.20
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (gas and electricity). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $38.21 UNS
77
355
$38.21
503(b)(9)
11-11795
CARNEGIE, PA 15106-0474
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtor and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 27 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
78
$163.99 UNS
442
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
79
1262
$516.53
11-11795
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. Furthermore, the Debtors do not own the underlying real property to which the improvements were furnished. As such, the claim must be reclassified to a general unsecured claim.
$258.76 503(b)(9)
80
2009
$398.94
503(b)(9)
11-11801
$140.18 UNS
$398.94
CORONA, CA 92880
Based on review of the supporting documentation filed with the claim, $140.18 of this claim is supported by invoices for services provided and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $140.18 of the claim must be reclassified to a general unsecured claim.
* - 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 28 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
81
$750.38 UNS
2012
$750.38
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors and for goods not received within the 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
82
601
$645.47
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
83
972
$1,375.00
503(b)(9)
11-11795
$0.00 503(b)(9)
$1,375.00 UNS
$1,375.00
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 29 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
84
$36.87 UNS
1075
$36.87
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
85
NORMAN, ROGER
1009
$1,350.00
PRI
11-11795
ROCKFORD, IL 61104
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $157.10 UNS
86
244
$157.10
503(b)(9)
11-11795
BISMARCK, ND 58504
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 30 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
87
$3,634.11 UNS
846
$3,634.11
503(b)(9)
11-11801
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (natural gas). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $185.31 UNS
88
1015
$185.31
503(b)(9)
11-11795
EAST #170
Based on review of the supporting documentation filed with the claim, the claim is for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $1,915.00 UNS $1,915.00
1997
$715.00
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 31 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
90
$41.33 UNS
245
$41.33
11-11795
1601 S. SUNKIST
Based on review of supporting documentation filed with the claim, the claim is solely for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
91
530
$1,428.41
SEC
11-11795
PO BOX 2165
Based on review of the supporting documentation filed with the claim, the claim is not entitled to secured status under the Bankruptcy Code or otherwise, as the Debtors do not own the underlying real property to which the utilities were provided. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $276.77 UNS
92
436
$276.77
503(b)(9)
11-11795
Based on review of supporting documentation filed with the claim, the claim is solely for goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 32 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
93
$357.37 UNS
921
$357.37
503(b)(9)
11-11801
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
94
1651
$5,292.69
PRI
11-11795
MEMPHIS, TN 38118
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. As such, the entire claim must be reclassified to a general unsecured claim.
95
742
$130.94
503(b)(9)
11-11795
$0.00 503(b)(9)
$130.94 UNS
$130.94
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 33 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
96
$1,429.00 UNS
2046
$1,429.00
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
97
609
$1,407.40
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (water). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $34.71 UNS
98
SCHROEDER'S INC
2010
$34.71
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 34 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
99
$1,689.12 UNS
575
$703.80 $985.32
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
361
$95.00
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $400.00 UNS
2018
$400.00
503(b)(9)
11-11801
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 35 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
291
$1,023.06 UNS
$1,023.06
503(b)(9)
11-11795
$0.00 503(b)(9)
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
1733
$460.00
503(b)(9)
11-11795
STRATFORD, WI 54484
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $952.88 UNS $952.88
1684
$390.00
503(b)(9)
11-11801
CHINO, CA 91710
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 36 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
226
$108.00 UNS
$108.00
503(b)(9)
11-11801
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for pre-petition services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
1154
$245.00
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
1021
$455.60
503(b)(9)
11-11795
Based on review of the supporting documentation filed with the claim, $271.99 of this claim is supported by invoices for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $271.99 of the claim must be reclassified to a general unsecured claim.
* - 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 37 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
1502
$1,740,413.05 UNS
108 TOM, SEE S. AND ELAINE 352 SHORELINE HIGHWAY $1,740,413.05 $1,740,413.05
$1,740,413.05
SEC
00-00000
$0.00 SEC
Based on review of the supporting documentation filed with the claim, the claim is based on damages for a property lease, therefore must be reclassified to a general unsecured claim.
109 TOP IT OFF IMPRINTS $0.00 PRI $0.00 UNS $155.15 $155.15
352
$155.15
11-11795
$155.15 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is entitled to priority pursuant to section 503(b)(9) of the Bankruptcy Code as it is solely for goods received within 20 days prior to the Petition Date. It is not, however, entitled to priority under 507(a) of the Bankruptcy Code. Pursuant to the above, the entire claim should be classified as having priority pursuant to 503(b)(9) of the Bankruptcy Code. $0.00 503(b)(9) $98.25 UNS
833
$98.25
503(b)(9)
11-11795
APPLETON, WI 54911
Based on review of the supporting documentation filed with the claim, the claim is for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 38 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
547
$160.00 UNS
$160.00
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
813
$949.13
503(b)(9)
11-11795
VINCENT, AL 35178
Based on review of the supporting documentation filed with the claim, $318.49 of this claim is supported by invoices for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $318.49 of the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $4,887.50 UNS
113 WDIO-TV/WIRT-13
443
$4,887.50
503(b)(9)
11-11795
DULUTH, MN 55816
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 39 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
369
$4,287.61 UNS
114 WELLS PLUMBING COMPANY INC ATTN: HOWARD WELLS $4,287.61 $4,287.61
$4,287.61
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of supporting documentation filed with the claim, the claim is solely for goods not received within 20 days prior to the Petition Date, and for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
430
No Amt Given**
503(b)(9)
11-11801
Based on review of supporting documentation filed with the claim, the claim is solely for goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
781
$8,661.50
503(b)(9)
11-11795
$0.00 503(b)(9)
$8,661.50 UNS
$8,661.50
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - 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 40 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
437
$149.92 UNS
$149.92
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of supporting documentation filed with the claim, the claim is solely for goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
466
$229.15
503(b)(9)
11-11801
10321 E. 47TH PL
TULSA, OK 74146
Based on review of supporting documentation filed with the claim, the claim includes $160.00 owed for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $160.00 of the claim must be reclassified to a general unsecured claim.
253
$95.00
503(b)(9)
11-11795
N614 GREENDALE RD
HORTONVILLE, WI 54944
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 41 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
2147
$7,624.50 UNS
$7,624.50
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
121 WKBN
282
$8,381.00
503(b)(9)
11-11795
YOUNGSTOWN, OH 44501
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 42 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
1519
$6,506.70 UNS
122 WRIGHT HENNEPIN COOPERATIVE ELECTRIC C/O DEBT ACQUISITION GROUP $6,506.70 $6,506.70
$2,225.25 $4,281.45
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (water). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $2,652.00 UNS
123 WYFX - TV
279
$2,652.00
503(b)(9)
11-11795
YOUNGSTOWN, OH 44501
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 43 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
278
$1,105.00 UNS
$1,105.00
503(b)(9)
11-11795
$0.00 503(b)(9)
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
415
$529.65
503(b)(9)
11-11795
NEWTON, IA 50208
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
* - 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 44 of 45
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
201111281119
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)
11-11801 (801)
11-11804 (804)
MCID, INC.
00-00000 (000)
ADM
Administrative Claim
Page 45 of 45