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12-50073-lmc Doc#285 Filed 08/21/12 Entered 08/21/12 11:15:07 Main Document Pg 1 of 4

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION IN RE: DELTA PRODUCE, L.P.,1 DEBTOR. CASE NO. 5:12-BK-50073-LMC (CHAPTER 11) JOINTLY ADMINISTERED

____________________________________________________________________________ EX PARTE MOTION BY SPECIAL PACA TRUST COUNSEL PURSUANT TO BANK. R. FED. P. 9006(c), BANKRUPTCY CODE SECTIONS 102 AND 105 TO MODIFY CLAIMS PROCEDURE ____________________________________________________________________________ Special PACA Trust Counsel for Delta Produce, L.P. (Delta), moves the Court, pursuant to Sections 102 and 105 of the Bankruptcy Code and pursuant to Bankruptcy Rule 9006(c), to modify the PACA Claims Procedure Order entered by this Court on February 29, 2012 [Doc. #124] to allow PACA trust creditors to file any claims which they may have for attorneys fees within 21 days of the date that the Order granting this motion in entered. PRELIMINARY STATEMENT This Court created a special claims procedure for all PACA trust beneficiaries of the Debtor that filed their PACA trust claims. Paragraph 15 of the Claims Procedure Order allows for parties to file claims for attorneys fees after all claims have been resolved and all PACA trust assets have been collected. Special Counsel continues to pursue collection of the PACA trust assets, but does not know when all claims will be resolved. Meanwhile, there are collected PACA trust funds available for distribution to the PACA trust beneficiaries, who under the PACA are required to be paid promptly.

Debtors are the following entities: Delta Produce, L.P. Case No. 12-50073-LMC, Superior Tomato-Avocado, Ltd. Case No. 12-50074-LMC, Atled, Ltd. Case No. 12-50075-LMC and Staci Properties, Ltd. Case No. 12-50110LMC.

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Efficiency dictates that the PACA trust beneficiaries claims for attorneys fees be liquidated prior to the distribution of the collected PACA trust funds, so that there does not need to be a substantial hold-back from the distributions for to-be-filed claims for attorneys fees. JURISDICTIONAL BASIS This Court has jurisdiction over this matter pursuant to 28 U.S.C.1334 and 28 U.S.C. 157. The Court has the authority under 11 U.S.C. 105(a ) to issue orders necessary to carry out the provisions of the Bankruptcy Code and may take action under 102(1) after appropriate notice. Due to the purely administrative nature of the relief sought herein, no prior notice is appropriate. Finally under Rule 9006(c), the Court may shorten deadlines under the prior Claims Procedure Order. RELIEF REQUESTED Special PACA Trust Counsel requests that the Court modify the PACA Claims Procedure Order entered on February 29, 2012, to order that: a. PACA trust claimants who seek attorneys fees file their claim for

attorneys fees, which identify the legal and contractual basis for the fee claims and attach supporting documentation that complies with the requirement for attorneys fee applications for adversary actions under Local Rule 7054(a), within 21 days of the entry of such order; b. all responses to such fee requests be filed within 30 days after the

deadline to file fee requests. c. notifies all creditors that the granting of any attorneys fee claims to any

PACA trust creditors may result in a reduction in payments of claims to other PACA and nonPACA trust creditors, including secured and unsecured creditors.

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WHEREFORE, Special PACA Trust Counsel prays that the Court modify the PACA Claims Procedure Order which: 1. Orders PACA trust claimants who seek attorneys fees file their claim for

attorneys fees, which identify the legal and contractual basis for the fee claims and attach supporting documentation that complies with the requirement for attorneys fee applications for adversary actions under Local Rule 7054(a), within 21 days of the entry of such order; 2. Order that all responses to such fee requests be filed within 30 days after the

deadline to file fee requests. 3. Notifies all creditors that the granting of any attorneys fee claims to any PACA

trust creditors may result in a reduction in payments of claims to other PACA and non-PACA trust creditors, including secured and unsecured creditors. 4. Grants such other and further relief as the Court deems just and proper.

DATED: This 21st day of August, 2012. Respectfully submitted, STOKES LAW OFFICE LLP 3330 Oakwell Court, Suite 225 San Antonio, TX 78218 Telephone (210) 804-0011 Facsimile (210) 822-2595 By: /s/ Craig A. Stokes______________ Craig A. Stokes SBN 19267700 cstokes@stokeslawoffice.com

Special PACA Counsel for Delta Produce, L.P.

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CERTIFICATE OF SERVICE I hereby certify that on the 21st day of August, 2012, I electronically filed the foregoing Motion to Approve Compromise and to Set Claims for Trial with the Clerk of the Court using the CM/ ECF system which will send a notice of electronic filing to all parties of record. I further certify that a copy of the foregoing pleading was mailed to all of Deltas produce creditors, listed in the attached Exhibit A.

/s/ Craig A. Stokes_____________________ Craig A. Stokes

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Averitt Brokerage Co., Inc. Mr. David Faubion 9999 Perrin Beitel, Suite B San Antonio, TX 78217 M & P Produce Co., Inc. Mr. Michael Lopez, Jr. 1500 S. Zarzamora Street, Unit 308 San Antonio, TX 78207

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EXHIBIT A