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Hearing Date and Time: December 19, 2019 at 10:00 a.m. EST Objection Deadline: December 12, 2019
JENNER & BLOCK LLP Marc Hankin Carl Wedoff 919 Third Avenue New York, New York 10022 (212) 891-1600 Angela Allen (admitted pro hac vice) 353 North Clark Street Chicago, Illinois 60654 (312) 222-9350 Counsel for the Chapter 11 Trustee UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK
In re: FIRESTAR DIAMOND, INC., et al.
Debtors.1
Chapter 11 No. 18-10509 (SHL) (Jointly Administered)
NOTICE OF TRUSTEE’S MOTION TO ADJUST THE CLAIMS REGISTER
On December 5, 2019, Chapter 11 Trustee Richard Levin (the “Trustee”) filed the
attached motion (the “Motion”) seeking entry of an order (“Order”) authorizing Omni Agent
Solutions (“Omni”), the Trustee’s claims and noticing agent, to adjust the claims register
maintained in the above-captioned chapter 11 cases to reflect that certain claims identified in the
Motion have been superseded by filed claims, represent internal accounting entries for which
no amount is due, or have paid in full postpetition under this Court’s Order Authorizing Payment
Of Claims Entitled To Administrative Expense Status Pursuant To 11 U.S.C. § 503(b)(9) And Claims
Of Critical Vendors [Dkt. 32] (“Critical Vendor Order”).
1 The Debtors and the last four digits of their respective taxpayer identification numbers are as follows: Firestar Diamond, Inc. (2729), Fantasy, Inc. (1673), and Old AJ, Inc. f/k/a A. Jaffe, Inc. (4756).
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A hearing on the Motion will be held before the Honorable Sean H. Lane of the United
States Bankruptcy Court for the Southern District of New York on December 19, 2019 at 10:00
a.m. (Eastern Time), or as soon thereafter as counsel may be heard (the “Hearing”), in
Courtroom 701 of the United States Bankruptcy Court for the Southern District of New York
(the “Bankruptcy Court”), One Bowling Green, New York, New York 10004.
Objections, if any, to approval of the Motion and entry of the proposed order must be
served upon counsel to the Trustee, Jenner & Block LLP, 919 Third Avenue, New York, New
York 10022 (Attn: Carl Wedoff, Esq.) so as to be received no later than December 12, 2019 (the
“Objection Deadline”).
If no responses or objections are served by the Objection Deadline, the relief may be
granted as requested in the Motion without further notice or a hearing. You need not appear at
the Hearing if you do not object to the relief requested in the Motion. The Hearing may be
continued or adjourned from time to time without further notice other than an announcement
of the adjourned date or dates at the Hearing or at a later hearing.
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Dated: December 5, 2019 New York, New York Respectfully submitted,
JENNER & BLOCK LLP By: /s/ Marc Hankin Marc Hankin Carl Wedoff 919 Third Avenue New York, New York 10022 (212) 891-1600 [email protected] [email protected] Angela Allen (admitted pro hac vice) 353 N. Clark St. Chicago, Illinois 60654 (312) 222-9350 [email protected] Counsel for the Chapter 11 Trustee
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Hearing Date and Time: December 19, 2019 at 10:00 a.m. EST Objection Deadline: December 12, 2019
JENNER & BLOCK LLP Marc Hankin Carl Wedoff 919 Third Avenue New York, New York 10022 (212) 891-1600 Angela Allen (admitted pro hac vice) 353 North Clark Street Chicago, Illinois 60654 (312) 222-9350 Counsel for the Chapter 11 Trustee UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK
In re: FIRESTAR DIAMOND, INC., et al.
Debtors.2
Chapter 11 No. 18-10509 (SHL) (Jointly Administered)
TRUSTEE’S MOTION TO ADJUST THE CLAIMS REGISTER
Richard Levin, Chapter 11 Trustee (the “Trustee”) of the Debtors in these chapter 11
cases (the “Debtors”), files this motion (“Motion”) seeking entry of an order (“Order”), under
section 105(a) of the Bankruptcy Code, 11 U.S.C. §§ 1011532, and Rule 1001 of the Federal
Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), authorizing Omni Agent Solutions
(“Omni”), the Trustee’s claims and noticing agent, to adjust the claims register (the “Claims
Register”) maintained in the above-captioned chapter 11 cases to reflect that the claims
identified in this Motion have been superseded by filed claims, represent internal accounting
entries for which no amount is due, or paid in full postpetition under this Court’s Order
Authorizing Payment Of Claims Entitled To Administrative Expense Status Pursuant To 11 U.S.C. §
2 The Debtors and the last four digits of their respective taxpayer identification numbers are as follows: Firestar Diamond, Inc. (2729), Fantasy, Inc. (1673), and Old AJ, Inc. f/k/a A. Jaffe, Inc. (4756).
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503(b)(9) And Claims Of Critical Vendors [Dkt. 32] (“Critical Vendor Order”). In support of this
Motion, the Trustee states:
JURISDICTION AND VENUE
1. This Court has jurisdiction over the Motion under 28 U.S.C. § 1334. This is a core
proceeding under 28 U.S.C. § 157(b). The Trustee consents to the entry of a final order by this
Court.
2. Venue is proper in this district under 28 U.S.C. § 1409.
3. This Motion is made under Bankruptcy Code section 105(a) and Bankruptcy Rule
1001.
BACKGROUND
4. On February 26, 2018 (the “Petition Date”), the Debtors filed petitions under
chapter 11 in this Court. On March 9, 2018, this Court entered an Order directing that the
Debtors’ cases be jointly administered. [Dkt. 24.]
5. On June 14, 2018, the United States Trustee for Region 2 appointed Richard Levin
as the chapter 11 trustee in the Debtors’ jointly administered cases. [Dkt. 222.]
6. On March 27, 2018, the Debtors filed their Schedules of Assets and Liabilities
[Dkt. 69, 71, 73], and on March 15, 2019, the Trustee filed Amended Schedules E-F for all
Debtors [Dkt. 740] (collectively, the “Schedules”).
7. On October 3, 2019, the Trustee filed his First Amended Joint Chapter 11 Plan [Dkt.
1106] (the “Plan”).
8. On November 20, 2019, the Court entered the Order Confirming the Trustee’s First
Amended Joint Chapter 11 Plan [Dkt. 1262].
9. Under the Plan, the Effective Date shall not occur until, among other things,
Allowed Claims, excluding the PNB Claims, do not exceed $2,400,000 for Firestar, $1,700,000 for
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3
Old AJ, and $250,000 for Fantasy.3 Plan ¶ 7.2. Distributions to holders of Allowed Claims shall
commence within 30 days of the Effective Date. See Plan ¶¶ 3.2.5, 3.3.5, 3.4.5, 5.12.3.
10. In the ordinary course of business, the Debtors maintained books and records
(the “Books and Records”) that reflect, among other things, the Debtors’ liabilities and the
amounts owed to their creditors.
11. Since his appointment, the Chapter 11 Trustee has managed the Debtors’ estates
to maximize recoveries for the Debtors’ creditors. The Trustee has familiarized himself with the
Debtor’s business operations, records, and employees, and he has taken possession of the Books
and Records.
12. After due diligence and research, the Trustee has concluded that each of the
scheduled claims (“Claims”) in the below table were superseded by filed claims, represent
internal accounting entries for which no amount is due, or were paid in full after the Petition
Date under the Critical Vendor Order.
Name Debtor Dkt. Sch# Register Amount
Revised Amount
Basis
ADP, LLC Firestar 69 3.3 $3,145.36 $0.00 Paid post-petition
ADP, LLC Old AJ 71 3.5 $2,347.52 $0.00 Paid post-petition
American Express, Inc. Firestar 69 3.7
$12,760.93 $19,983.34 Superseded by Firestar Claim 6
Courtesy Acct. Gail Kenny Old AJ 71 3.30
$686.75 $0.00 Internal accounting entry
Courtesy Acct. Kate Smith Old AJ 71 3.31
$27.30 $0.00 Internal accounting entry
Courtesy-Richard Zitter Old AJ 71 3.32
$2,355.01 $0.00 Internal accounting entry
Federal Express Firestar 69 3.23 $55,748.10 $12,848.63 Superseded by Firestar
Claim 3
Fidelity Investments Firestar 69 3.24
$26,823.31 $0.00 Paid post-petition
House Account Old AJ 71 3.86 $1,494.39 $0.00 Internal accounting entry
3 Capitalized terms that are not defined in this Motion have the meanings provided in the Plan.
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13. Before filing this Motion, the Trustee contacted representatives for each of the
respective claimants whose claims were paid post-petition. They confirmed, either in writing or
orally, that each of their Claims has been paid in full or superseded by filed claims. See
Declaration of Richard Levin, attached hereto as Exhibit A. However, despite the confirmations,
the Claims Agent has been unwilling to adjust the Claims Register for the scheduled claims that
were superseded by filed claims, because of slight differences in the name of the creditor (e.g.,
American Express, Inc. vs. American Express National Bank or Federal Express vs. Federal
Express Corporate Services, as Assignee) and has sought confirmation, by a court order on
notice to the Claimants, that the scheduled claims have been paid or the filed claims supersede
the scheduled claims, as the case may be. Accordingly, the Trustee is filing this Motion.
RELIEF REQUESTED
14. The Trustee respectfully requests that the Court issue its order, substantially in
the form attached hereto as Exhibit B (the “Proposed Order”), authorizing Omni to adjust the
Claims Register in the manner specified in the Proposed Order to reflect that each of the Claims
has been paid in full after the Petition Date or superseded by a filed claim.
BASIS FOR RELIEF
15. Section 1111(a) of the Bankruptcy Code provides that “[a] proof of claim or
interest is deemed filed under section 501 of this title for any claim or interest that appears in
the schedules filed under section 521(a)(1) or 1106(a)(2) of this title, except a claim or interest
that is scheduled as disputed, contingent, or unliquidated.” Accordingly, proofs of claim are
deemed filed for the Claims that were scheduled by the Debtors.
16. As set forth in the Levin Declaration, the Trustee and his professionals have
reviewed the Books and Records and concluded that the Claims are no longer owing because
each has been superseded by a filed claim, represents an internal accounting entry for which no
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amount is due, or has been paid in full. The respective Claimants have confirmed to the Trustee
that the Claims have been paid or superseded as set forth above.
17. Section 105(a) of the Bankruptcy Code authorizes the Court to issue “any order,
process, or judgment that is necessary or appropriate to carry out the provisions of this title.”
11 U.S.C. § 105(a); In re Anderson, 884 F.3d 382, 391 (2d Cir. 2018). Under section 105(a),
bankruptcy courts have equitable authority “to assure the orderly conduct of the reorganization
proceedings,” In re Saint Vincent’s Catholic Med. Centers of New York, 581 F. App’x 41, 43 (2d Cir.
2014), and are empowered to “craft flexible remedies that, while not expressly authorized by the
Code, effect the result the Code was designed to obtain.” In re Combustion Eng’g, Inc., 391 F.3d
190, 235-36 (3d Cir. 2004) (citing Official Comm. of Unsecured Creditors of Cybergenics Corp. ex rel.
Cybergenics Corp. v. Chinery, 330 F.3d 548, 568 (3d Cir. 2003)).
18. The Motion advances the Trustee’s duty to make distributions to holders of
Allowed Claims. The relief sought in this Motion eliminates paid or superseded liabilities from
the Claims Register, thereby reducing the amount of aggregate claims, a necessary step in
satisfying the conditions for the Effective Date of the Plan and one or more distributions to
holders of Allowed Claims. Adjusting the Claims Register also advances the Trustee’s ability to
quantify the total claim pool for ultimate distribution.
RESERVATION OF RIGHTS
19. Nothing in this Motion should be construed as the Trustee conceding the validity
of any claim. The Trustee’s claims analysis continues. Therefore, the Trustee expressly reserves
the right to object to any or all of the claims filed or deemed filed against the Debtors’ estates,
including other claims brought by the Claimants, on any proper basis whatsoever.
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NOTICE
20. The Trustee has provided notice of this Motion to: (a) the Office of the United
States Trustee; (b) all parties who have formally requested notice in the Debtors’ cases; and
(c) the Claimants.
WHEREFORE, the Trustee respectfully requests that this Court enter an Order
substantially in the form of the attached Proposed Order and grant such other and further relief
as this Court deems just and proper.
Dated: December 5, 2019, New York, New York Respectfully submitted,
JENNER & BLOCK LLP By: /s/ Marc Hankin Marc Hankin Carl Wedoff 919 Third Avenue New York, NY 10022 (212) 891-1600 [email protected] [email protected] Angela Allen (admitted pro hac vice) 353 N. Clark St. Chicago, Illinois 60654 (312) 222-9350 [email protected] Counsel for the Chapter 11 Trustee
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Exhibit A Levin Declaration
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK
In re: FIRESTAR DIAMOND, INC., et al.
Debtors.4
Chapter 11 No. 18-10509 (SHL)
(Jointly Administered)
DECLARATION OF RICHARD LEVIN IN SUPPORT
OF TRUSTEE’S MOTION TO ADJUST CLAIMS REGISTER
I, Richard Levin, declare under penalty of perjury under 28 U.S.C. § 1746 that the
following is true and correct to the best of my knowledge, information, and belief:
1. I am the chapter 11 trustee (“Trustee”) of the Debtors in the above-captioned
chapter 11 cases.
2. I submit this Declaration in support of my Motion to Adjust the Claims Register
(the “Motion”).
3. The statements in this Declaration are based on my personal knowledge,
information supplied or verified by my professionals, my review of relevant documents, or my
opinion based upon my experience and knowledge of the Debtors’ operations and financial
condition. If called as a witness, I could and would testify competently to the facts set forth
herein.
4. In my position as Trustee, I am generally familiar with the Debtors’ books and
records (“Books and Records”) that reflect, among other things, payments made by the Debtors
after the petition date.
5. My professionals and I have reviewed and continue to review the Debtors’ Books
and Records to determine the validity of the claims identified in the Motion (the “Claims”).
4 The Debtors and the last four digits of their respective taxpayer identification numbers are as follows: Firestar Diamond, Inc. (2729), Fantasy, Inc. (1673), and Old AJ, Inc. f/k/a A. Jaffe, Inc. (4756).
18-10509-shl Doc 1308-1 Filed 12/05/19 Entered 12/05/19 17:18:24 Exhibit A - Levin Declaration Pg 2 of 9
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6. In connection with preparation of the Motion, I: (a) oversaw the review of the
Books and Records with respect to the Claims; (c) reviewed the Motion; and (c) reviewed and
approved the information contained in the Motion and the justifications set forth therein. My
professionals and I have performed specific due diligence as to the Claims and have
information supporting my position. Accordingly, based on the review described above, I am
informed and believe that the facts contained in the Motion are true and correct.
7. Based on the foregoing review, I have determined that each of the Claims each
has been superseded by a filed claim, represents an internal accounting entry for which no
amount is due, or has been paid in full under this Court’s Order Authorizing Payment Of Claims
Entitled To Administrative Expense Status Pursuant To 11 U.S.C. § 503(b)(9) And Claims Of Critical
Vendors [Dkt. 32] (“Critical Vendor Order”) as follows:
Name Debtor Dkt. Sch# Register Amount
Revised Amount
Basis
ADP, LLC Firestar 69 3.3 $3,145.36 $0.00 Paid post-petition
ADP, LLC Old AJ 71 3.5 $2,347.52 $0.00 Paid post-petition
American Express, Inc.
Firestar 69 3.7 $12,760.93 $19,983.34 Superseded by Firestar
Claim 6
Courtesy Acct. Gail Kenny
Old AJ 71 3.30 $686.75 $0.00 Internal accounting entry
Courtesy Acct. Kate Smith
Old AJ 71 3.31 $27.30 $0.00 Internal accounting entry
Courtesy-Richard Zitter
Old AJ 71 3.32 $2,355.01 $0.00 Internal accounting entry
Federal Express Firestar 69 3.23 $55,748.10 $12,848.63 Superseded by Firestar
Claim 3
Fidelity Investments
Firestar 69 3.24 $26,823.31 $0.00 Paid post-petition
House Account Old AJ 71 3.86 $1,494.39 $0.00 Internal accounting entry
8. I have communicated with the claimants (“Claimants”) for whom the Debtors
scheduled the Claims. The Claimants have confirmed that each of the Claims has been paid in
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full or superseded as set forth in the above table. Copies of the written communications from
ADP. LLC, Federal Express, and Fidelity Investments are attached to my Declaration.
9. Accordingly, I believe that the Court should enter an order disallowing and
expunging the Claim from the claims register maintained by the Trustee’s claims and noticing
agent.
Dated: December 5, 2019, New York, New York /s/ Richard Levin Richard Levin
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Levin, Richard
From: Arenas, Veronica (CORP) <[email protected]>Sent: Tuesday, October 22, 2019 11:25 AMTo: Levin, RichardSubject: Client 1293406 Firestar Diamond Inc , A. Jaffe
External Email – Exercise Caution Good Morning, This is to confirm that Client 1293406 Firestar Diamond Inc, A. Jaffe, company codes 0020‐10‐CBW, and 0020‐10‐CBS does not have any open invoices or any open amount due with ADP, LLC. Thank you
Veronica Arenas MAS Accounts Receivable Rep., Corporate Finance - ITC T: 1-855-681-9063 ext. 8932466 [email protected]
Payment Mailing Address: PO BOX 842875 Boston, MA 02284-2875 Overnight Payment Mailing Address via Fed Ex or UPS only: ADP, LLC PNC Bank Attn: Lockbox 842875 20 Commerce Way, Ste 800 Woburn, MA 01801-1057
This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, notify the sender immediately by return email and delete the message and any attachments from your system.
18-10509-shl Doc 1308-1 Filed 12/05/19 Entered 12/05/19 17:18:24 Exhibit A - Levin Declaration Pg 5 of 9
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Levin, Richard
From: Valarie Eason <[email protected]>Sent: Tuesday, October 22, 2019 12:40 PMTo: Levin, RichardCc: Valarie EasonSubject: RE: Firestar Diamond, Inc.--Case 18-10509 SDNY--Claim of Federal Express
External Email – Exercise Caution I confirm. Thanks, Valarie Eason FedEx Corporate Services Inc. Office: 855‐552‐5393 x4714000 Fax: 901‐397‐2016
From: Levin, Richard <[email protected]> Sent: Tuesday, October 22, 2019 9:59 AM To: Valarie Eason <[email protected]> Subject: [EXTERNAL] Firestar Diamond, Inc.‐‐Case 18‐10509 SDNY‐‐Claim of Federal Express Valerie, I am the chapter 11 trustee for Firestar Diamond, Inc., case no. 18‐10509‐SHL, Bankruptcy Court for the Southern District of New York. When Firestar Diamond filed its chapter 11 case, it listed “Federal Express” as a creditor. Ordinarily, the amount listed is presumed correct unless the creditor files a proof of claim, which then supersedes the listed amount. “Federal Express Corporate Services, as Assignee” filed a proof of claim in the case for $12,848,63. I attach a copy for your reference. I need to confirm that “Federal Express Corporate Services, as Assignee” covers all claims of Federal Express and its affiliates, so that I can rely on the proof of claim, rather than the amount Firestar listed. Please advise. Regards, Richard Levin Chapter 11 Trustee
Richard Levin Jenner & Block LLP 919 Third Avenue, New York, NY 10022-3908 | jenner.com
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+1 212 891 1601 | TEL [email protected] Download V-Card | View Biography CONFIDENTIALITY WARNING: This email may contain privileged or confidential information and is for the sole use of the intended recipient(s). Any unauthorized use or disclosure of this communication is prohibited. If you believe that you have received this email in error, please notify the sender immediately and delete it from your system.
18-10509-shl Doc 1308-1 Filed 12/05/19 Entered 12/05/19 17:18:24 Exhibit A - Levin Declaration Pg 7 of 9
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Levin, Richard
From: Plan Transition <[email protected]>Sent: Tuesday, November 05, 2019 4:13 PMTo: Levin, RichardCc: Plan TransitionSubject: Plan #34598, Firestar Group 401K Savings Plan--Outstanding Invoices?
External Email – Exercise Caution Yes Richard, I apologize for the delay in response. All invoices have been paid in full hence there were no invoices outstanding for the plan. Plan is already Terminated and no further action is required from your end with regards to Termination of the plan as well. Audit is generally done when there are more than 100 participants in the plan at the beginning of the year. However it’s the plan sponsors choice whether to file or not. Hope this helps. Regards, Vivek Mohan Plan Transition Team Fidelity Investments Tel: 800-448-6668 Fax: 800-786-5158 [email protected] Disclaimer : This email and any attachments may contain privileged and confidential information that is intended solely for the attention and use of the intended recipient/s. If you are not the intended recipient ‐ please notify the sender via return email; do not disclose, copy, distribute or retain it; delete the original message and all attachments from your system. Fidelity Business Services India Pvt. Ltd (FBSI) and/or its affiliates do not guarantee the security of the electronic communication nor endorse opinions or other information that do not pertain to its official business. All emails sent from or to FBSI may be subject to its monitoring and recording procedures
From: Levin, Richard [mailto:[email protected]] Sent: Tuesday, November 05, 2019 4:57 AM To: Plan Transition Subject: RE: Plan #34598, Firestar Group 401K Savings Plan--Outstanding Invoices? This email is from an external source ‐ exercise caution regarding links and attachments.
Vivek, I believe I have not heard back from you on this question. Please advise. Regards, Richard Levin
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From: Levin, Richard Sent: Tuesday, October 22, 2019 11:35 AM To: 'Plan Transition' <[email protected]> Subject: Plan #34598, Firestar Group 401K Savings Plan‐‐Outstanding Invoices? Hi Vivek, As you might recall, I am the Chapter 11 Trustee for Firestar Diamond, Inc. and therefore responsible for plan administration and for resolving any claims that might be outstanding against Firestar. The schedules of liabilities that Firestar filed with its chapter 11 petition showed that Fidelity was owed $26,823.31 as of the bankruptcy filing date of February 26, 2018. Firestar’s check register shows that a check in that amount was issued to Fidelity shortly thereafter, which should have cleared any then‐outstanding invoice. I believe we have also cleared any subsequent invoices. Please confirm whether that is correct—no outstanding amounts—or whether there are any balances, so that I can resolve this account. Also please advise whether there are any remaining tasks for this plan, which was terminated earlier this year. I filed the Form 5500 on October 15, 2019 through my auditor, and I believe an audit will not be required for plan year 2019. Anything else? Regards, Richard
Richard Levin Jenner & Block LLP 919 Third Avenue, New York, NY 10022-3908 | jenner.com +1 212 891 1601 | TEL [email protected] Download V-Card | View Biography
CONFIDENTIALITY WARNING: This email may contain privileged or confidential information and is for the sole use of the intended recipient(s). Any unauthorized use or disclosure of this communication is prohibited. If you believe that you have received this email in error, please notify the sender immediately and delete it from your system.
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Exhibit B Proposed Order
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK
In re: FIRESTAR DIAMOND, INC., et al.
Debtors.5
Chapter 11 No. 18-10509 (SHL)
(Jointly Administered)
[PROPOSED] ORDER GRANTING TRUSTEE’S
MOTION TO ADJUST THE CLAIMS REGISTER
Upon consideration of the Trustee’s Motion to Adjust the Claims Register (the “Motion”)
filed by Richard Levin in his capacity as Trustee of the three Debtors in these jointly
administered cases (the “Trustee”), seeking entry of an order (“Order”), under section 105(a) of
the Bankruptcy Code, 11 U.S.C. §§ 1011532, and Rule 1001 of the Federal Rules of Bankruptcy
Procedure (the “Bankruptcy Rules”), authorizing Omni Agent Solutions (“Omni”), the
Trustee’s claims and noticing agent, to adjust the claims register (the “Claims Register”)
maintained in the above-captioned chapter 11 cases to reflect that the Claims identified in the
Motion have been paid in full postpetition or superseded by filed claims, as more fully
described in the Motion; and appropriate notice under the circumstances of the Motion having
been provided, and it appearing that no other or further notice need be provided; and the Court
having found and determined that the legal and factual bases set forth in the Motion establish
just cause for the relief granted herein; and after due deliberation and sufficient cause appearing
therefor, it is
1. The Motion is granted.
2. Omni shall adjust the Claims Register to reflect that the Claims identified in the
Motion each of the Claims each has been superseded by a filed claim, represents an internal
5 The Debtors and the last four digits of their respective taxpayer identification numbers are as follows: Firestar Diamond, Inc. (2729), Fantasy, Inc. (1673), and Old AJ, Inc. f/k/a A. Jaffe, Inc. (4756).
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accounting entry for which no amount is due, or has been paid in full under this Court’s Order
Authorizing Payment Of Claims Entitled To Administrative Expense Status Pursuant To 11 U.S.C. §
503(b)(9) And Claims Of Critical Vendors [Dkt. 32] (“Critical Vendor Order”) as follows:
Name Debtor Dkt. Sch# Register Amount
Revised Amount
Basis
ADP, LLC Firestar 69 3.3 $3,145.36 $0.00 Paid post-petition
ADP, LLC Old AJ 71 3.5 $2,347.52 $0.00 Paid post-petition
American Express, Inc.
Firestar 69 3.7 $12,760.93 $19,983.34 Superseded by Firestar
Claim 6
Courtesy Acct. Gail Kenny
Old AJ 71 3.30 $686.75 $0.00 Internal accounting entry
Courtesy Acct. Kate Smith
Old AJ 71 3.31 $27.30 $0.00 Internal accounting entry
Courtesy-Richard Zitter
Old AJ 71 3.32 $2,355.01 $0.00 Internal accounting entry
Federal Express Firestar 69 3.23 $55,748.10 $12,848.63 Superseded by Firestar
Claim 3
Fidelity Investments
Firestar 69 3.24 $26,823.31 $0.00 Paid post-petition
House Account Old AJ 71 3.86 $1,494.39 $0.00 Internal accounting entry
3. The Trustee, Omni, and the Clerk of this Court shall take all actions necessary or
appropriate to effectuate this Order.
4. The Court shall retain jurisdiction to hear and determine all matters arising from
or related to the implementation and/or interpretation of this Order.
Dated: New York, New York _______ __, 2019
_______________________________________ HONORABLE SEAN H. LANE UNITED STATES BANKRUPTCY JUDGE
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