Specialty Retail Shops Holding Corp.
| Nebraska Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Thomas L Saladino |
| Case #: | 8:19-bk-80064 |
| Case Filed: | Jan 16, 2019 |
| Plan Confirmed: | Jun 11, 2019 |
| Type | Corporation |
| Tax ID | subscribers only |
| # of Creditors | 1-49 |
| Est. Assets | $0 to $50,000 |
| Est. Liabilities | $500,000,001 to $1 billion |
| Nature of Business | Other |
| Nature of Debts | Primarily Business |
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Debtor
Specialty Retail Shops Holding Corp.
700 Pilgrim Way
Green Bay, WI 54304-5263 |
Represented By
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| Last checked: Wednesday Jan 16, 2019 9:43 AM CST |
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Creditor
Gordon Brothers Retail Partners, LLC
7 Times Square, Ste. 2506 Attn: Steven E. Fox, Esq.
New York, NY 10036 |
Represented By
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Creditor
McKesson Corporation
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Represented By
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Creditor
Wells Fargo Bank, National Association, as agent for the Shopko credit facility
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Represented By
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U.S. Trustee
Jerry Jensen
Acting Assistant UST U.S. Trustee's Office 111 South 18th Plz, Suite 1148
Omaha, NE 68102 |
GPO
Aug 26 2019
Order Granting in Part and Denying in Part Debtors' First Omnibus Response and Objection to Requests for Allowance of Administrative Expenses (RE: related document(s) 1386). Pursuant to the terms of the Scheduling Order regarding certain administrative claims (Fil. #1656), this Order constitutes the Initial Decision on the Initial Legal Issues described therein. The Initial Legal Issues are: (a) whether parties are entitled to immediate payment of allowed administrative expense claims other than as set forth in the Confirmation Order; (b) whether landlords are entitled to administrative expense claims for stub rent; (c) whether landlords are entitled to administrative expense claims for the prorated portion of base rent or additional rent items (e.g. taxes, utilities, etc.) billed or payable post-rejection but attributable to the post-petition/pre-rejection period; and (d) whether landlords are entitled to administrative expense claims for additional rent items attributable to the pre-petition period that become due or payable post-rejection. The Debtors are objecting to administrative expense claims filed by certain landlords for lease obligations for post-petition "stub rent," real estate taxes, and related expenses of occupancy on the Debtors' stores. The leases require the Debtors to make monthly rental payments on the first of each month. The petition date in this case was January 16, 2019, so the January rent was due pre-petition. The claims for stub rent concern the period between January 16 and January 31, 2019. These claims are based on §§ 365(d)(3) and 503(b)(1)(A) of the Bankruptcy Code. Under § 365(d)(3), a Chapter 11 debtor must timely perform all obligations of the debtor under an unexpired lease of non-residential real property until such time as the lease is assumed or rejected. The Initial Legal Questions are discussed below, in the order presented in the Scheduling Order. 1. Are the administrative expense claimants (as described in the Scheduling Order) entitled to immediate payment of allowed administrative expense claims other than as set forth in the Confirmation Order? The answer to the first of the Initial Legal Issues is "yes" as to the § 365(d)(3) claims, and "no" as to the § 503(b)(1) claims. 2. Are the landlords are entitled to administrative expense claims for stub rent? Accordingly, the answer to this second issue is "yes." 3. Are the landlords entitled to administrative expense claims for the prorated portion of base rent or additional rent items (e.g. taxes, utilities, etc.) billed or payable post-rejection but attributable to the post-petition/pre-rejection period? The answer is "no." 4. Are the landlords entitled to administrative expense claims for additional rent items attributable to the pre-petition period that become due or payable post-rejection? No, see the answer to the prior question. IT IS ORDERED: Debtors' First Omnibus Response and Objection to Requests for Allowance of Administrative Expenses (Fil. #1386) is granted in part and denied in part in accordance with the resolution of the Initial Legal Issues set forth above. This is not a final order for purposes of appeal since it is not a complete resolution of all of the issues raised in the claim objection and a procedure for resolution of the remaining issues is set forth in the Scheduling Order (Fil. #1656). ORDERED by Judge Thomas L. Saladino. (See pdf Written Opinion in its entirety) Search terms: Search terms: administrative expense claim; § 365(d)(3), § 503(b)(1), § 503(b)(1)(A), stub rent claims, unexpired lease of non-residential real property (drs). Related document(s) 1386 Objection filed by Debtor Specialty Retail Shops Holding Corp.. Modified on 8/26/2019 (drs). |
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GPO
Aug 30 2019
Order Denying (RE: related document(s)782 Request for Payment of Administrative Expense Claim filed by Creditor McKesson Corporation Inc., Creditor McKesson Biologics and Plasma, LLC). This matter is before the court on the Request for Payment of Administrative Expense Claim filed by creditors McKesson Biologics and Plasma, LLC and McKesson Corporation, Inc. (Filing #782); Objection filed by Debtors (Filing #1386); Amended Objection filed by Debtors (Filing #1702), and Response to Amended Objection filed by McKesson Corporation, Inc. (Filing #1801). On June 25, 2019, the parties entered into a Stipulation for an Agreed Schedule Regarding McKesson Corporations Asserted Administrative Claims (Filing #1623). A hearing was held on August 19, 2019, and evidence was received. Travis Bayer and Jenna Stupar appeared for Debtors. Jeffrey Garfinkle and Michael Whaley appeared for McKesson Biologics and Plasma, LLC and McKesson Corporation, Inc. (collectively "McKesson"). For the reasons set forth in this Order, McKesson's Request for Payment of Administrative Expense Claim (Fil. #782) is denied. Because McKesson's Request pertained only to the Reclamation Claim portion of McKesson's proof of claim (and not its § 503(b)(9) claim or its general unsecured claim), all issues raised in the Request for Payment have been addressed and this Order is final for purposes of appeal. ORDERED by Judge Thomas L. Saladino. (See pdf Written Opinion in its entirety) Search terms: § 503(b)(9), 11 U.S.C. § 546(c), § 507(b) § 503(b)(1)(A), reclamation claims, marshaling rights (drs) |
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GPO
Dec 16 2019
Order Granting in Part and Denying in Part (RE: related document(s)838 Application for Administrative Expenses filed by Creditor 1st Avenue Self Storage, LLC). The request is granted to the extent of $12,109.03 in post-petition rent due for January 2019, and denied in all other respects. IT IS ORDERED: 1st Avenue Self Storage, LLC's request for payment of administrative expense claim (Fil. No. 838) is granted to the extent of $12,109.03 in post-petition rent due for January 2019, and denied in all other respects. Because this order pertains to only one of several issues raised in Debtors' First Omnibus Response and Objection to Requests for Allowance of Administrative Expenses (Fil. No. 1386), it is not final for purposes of appeal until a final order is issued. ORDERED by Judge Thomas L. Saladino. (See PDF Written Opinion in its Entirety) (drs) Search terms: 11 U.S.C. § 365(d)(3); 11 U.S.C. § 503(b)(1)(A); stub rent; administrative expense claim |
| 1. | Judge rejects Shopko's bankruptcy plan (wsaw.com) |
| Submitted Mon 06/03/2019 | |
| 2. | Shopko Stores files for bankruptcy, plans 100 store closings (cbsnews.com) |
| Submitted Fri 01/18/2019 | |
| Docket last updated: 4 hours ago |
| Wednesday, April 17, 2024 | ||
| 2921 | 2921
misc
Support Document
Wed 04/17 1:39 PM
Support Document Re: Creditor Matrix as of April 17, 2024 Filed by Kroll Restructuring Administration LLC (Pagan, Chanel) |
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| 2920 | 2920
order
Extend Time
Wed 04/17 10:28 AM
Order Granting Plan Administrator's Motion for Entry of an Order Further Extending the Deadline to Object to Claims . The pleading was filed, served and noticed pursuant to local rules. No timely resistance/objection was filed. The motion is granted. The Claims Objection Bar Date is extended to June 25, 2024, without prejudice to the Plan Administrator's right to seek additional extensions of such deadline as appropriate. The movant must serve notice of this order on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. ORDERED by Judge Thomas L. Saladino. (Text Only Order) (mpm) |
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| Thursday, April 11, 2024 | ||
| 2919 | 2919
misc
Chapter 11 Non Small Business Post-Confirmation Report
Thu 04/11 2:09 PM
Chapter 11 Non Small Business Post-Confirmation Report for the Quarter Ending: 03/31/2024 Filed by Brian J. Koenig on behalf of META Advisors Inc.. (Koenig, Brian) |
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