Judge Kevin Gross of the Delaware bankruptcy court entered an order last week setting the deadline (or bar date) for creditors of the Perkins & Marie Callenders restaurant companies (full list of corporate entity names included below) to file proofs of claim on account of certain pre-bankruptcy obligations. The companies voluntarily filed for bankruptcy protection on June 13, 2011 (more details here) and an Official Committee of Unsecured Creditors was appointed late last month (more details here).
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The order requires all persons and entities (such as corporations and partnerships) that assert that they hold claims against any of the debtor entities which arose on or prior to the date of the companies bankruptcy filings (June 13, 2011) to file a proof of claim on account of such claim so that it is actually received on or before August 16, 2011 at 4:00 p.m. Eastern time. The bar date applies to claims asserted under section 503(b)(9) of the Bankruptcy Code, in addition to all other pre-petition claims. Governmental units are required to file proofs of claim so as to be received on or before December 12, 2011 at 4:00 p.m. Eastern.
Certain claims are excluded from the bar date by the courts order. Excluded claims include claims that have been paid in full by the debtors. Creditors whose claims are listed in the debtors schedules of liabilities (which were filed with the bankruptcy court yesterday as well) do not need to file proofs of claim if all three of the following conditions are met: (i) the claim is not described in the schedules as disputed, contingent, or unliquidated; (ii) the creditor does not dispute the amount or classification of the claim set forth in the schedules; and (iii) the creditor does not dispute that the claim is an obligation of the specific debtor (i.e., legal corporate entity) against which the claim is listed in the schedules. Other exclusions from the bar date can be found in the courts order.
A copy of the courts bar date order can be accessed by clicking here. Copies of any of the debtors schedules of assets and liabilities, as well as their statements of financial affairs, can be accessed by clicking here.
Separately, the Creditors Committee filed applications to employ counsel. The Committee has selected, subject to court approval, the following firms to represent it in the bankruptcy cases: Ropes & Gray LLP and Landis Rath & Cobb LLP.
The names of the corporate entities which have filed for bankruptcy protection in these cases are:
- Perkins & Marie Callenders Inc.
- Perkins & Marie Callenders Holding Inc.
- Perkins & Marie Callenders Realty LLC
- Perkins Finance Corp.
- Wilshire Restaurant Group LLC
- PMCI Promotions LLC
- Marie Callender Pie Shops, Inc.
- Marie Callender Wholesalers, Inc.
- MACAL Investors, Inc.
- MCID, Inc.
- Wilshire Beverage, Inc.
- FIV Corp.
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Tags: Bar Date, Set
Posted July 18, 2011 by Imogen Lay under Credit Report