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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
il
In
re:
al., ) )
) )
) )
Chapter
11
(KG)
) Debtors.
) )
Jointly Administered
RESPONSE OF USDR (CLM #6015 ) TO DEBTOR'S ELEVENTH OMNIBUS OBJECTION OOCKET # 4155); DECLARATION OF NATHAN E. JONES; DECLARATION OF SERVICE
BACKGROUND
United States Debt Recovery LLC, ("USDR") a creditor via sale, and assignment
of the claims of A Plus Identification Inc., ("A Plus") claim number 6015 responds to the
debtor's Eleventh Omnibus objection to claims as follows:
1.
On July 29,2008 (the "Petition Date"), Mervyn's Holdings, LLC and its
affiliated debtors (the "Debtors") filed voluntary petitions in this Court for relief under
chapter 11 of the Bankruptcy Code.
2.
0q/v)+2 $J 0811586091118000000000004
3.
On July 30, 2008, the Court appointed Kurtzman Carson Consultants LLC
("KCC") as claims, noticing, and balloting agent for the Debtors in these chapter 1l
cases. (Doc,ket#22)
4.
On December 15, 2008, this Court entered that certain Order Establishing Bar
Date for Filing Post-petition Administrative Expense Claim Request and Approving the
Form and Manner of Notice Thereof [Docket No. 1170]. The order set February
2009 at the last date for
18,
5.
On January 2I,2009,
with KCC. The A Plus Claim asserts an administrative priority claim against Mervyn's
Holdings LLC and its estate (collectively, "Mervyn's") in the amount
of
$2,745.23.
KCC docketed the A Plus Claim as Claim No. 6015. The claim is based on 5 invoices,
copies of which are attached to the Declaration of Nathan E. Jones. Upon a detailed
review,
it appears that 4 of the invoices were for post-petition delivery of goods and 1
invoice in the amount of $194.85 is based on a pre-petition claim. USDR now believes that the claim should be allowed as $2,550.38 as administrative priority and $194.85 as
general unsecured. See declaration of Nathan E. Jones.
USDR. Pursuant to Bankruptcy Rule 3001(e)(2), notice was provided by the claims
agent and following such notice USDR became the holder of the claim. Docket # 3917.
7.
The debtor has filed its Eleventh Omnibus objection to various claims,
including claim number 6015 held by USDR. The objection asserts that the debtor is
unable to verify the claims according to its books and records.
8.
USDR objects to the Eleventh Omnibus Objection and asserts that the claims
are for materials purchased and delivered to the debtor (mostly post-petition). USDR has
Declaration of Nathan E. Jones. Such items will supplement this objection upon receipt.
9.
USDR asserts the debtor is liable for the specific items it ordered pursuant to
contracts, purchase order and under Quantum Meruit legal theories under California law.
USDR requests the court continue this matter to obtain the documentation from A Plus
and satisfy the debtor and the court of the validity of the claim.
///
USDR requests that its counsel be permitted to appear telephonically in this case
considering the modest amount of the claim. Counsel for USDR is a licensed attorney in
good standing in the State of California, State Bar #99025, a member of the American
Bankruptcy Institute and generally familiar with Bankruptcy law and procedures.
Respectfully Submitted,
Attorney for United States Debt Recovery LLC PO Box 5241 Incline Village, Nevada 89450 775 832-5250 775 832-508s FAX nate@usdrllc.com
l.
and most
all
State Court
am in good
Bankruptcy Institute and generally familiar with Bankruptcy law and procedures.
2.
LLC,
a Nevada
limited liability
have
Plus to
and
since their claim file are not public. Thus, when I review the KCC web site and
of the claim.
Accordingly, I attached the invoices hereto. I request that the court continue this
matter for a short period to enable me to submit the additional and supporting
documentation supporting this claim.
declare under penalty of perjury that the foregoing is true and correct and that
Nathan E. Jones
IrEXilflcifl0t
s SECAfrlrr
PtaS
A Plus lDentification lnc. 250 W. First Street, Suite 240 Claremont, CA 91711 www.aplusid.com
lnvoice
Date 9/8t2008 lnvoice #
I
386
Bill to:
Mervyns Loss Prevention Attn: Jennie Ennis-Mason MS 4008
Total
$l7l,o4
$o.oo
Payments/Credits
Balance
Due
$r7r.o4
Phone #
909-398-l 730
Fax#
909-398-1045
E-mail
cwright@aplusid.com
Web Site
www.aplusid.com
A Plus lDentification Inc. 250 W. First Street, Suite 240 -nrrfirriFaVot Claremont, CA 91711 www.aplusid.com
FArtS
Invoice
Date
9/8t200E
Invoice #
|
387
Bill to:
Mervyns Loss Prevention Attn: Jennie Ennis-Mason MS 4008
00
Total
Balance
$l7l.o4
Due
$r7r.o4
Phone #
909-398-1730
Fax#
909-398-t045
E-mail
cwright@aplusid.com
Web Site
www.aplusid.com
lnvoice
Date
t0t2012008
lnvoice #
1459
Bill to:
Mervyns Loss Prevention Attn: lennie Ennis-Mason MS 4008
I l/19/2008
@imity
#1386) Sales Tax
Access
Total
$l.lo4.l5
$o.oo
Paymentslcredits
Balance
Due
$r,ro4.r5
Phone #
909-398-1730
Fax#
909-398-1045
E-mail
cwright@aPlusid.com
Web Site
www.aplusid.com
gfrJl::::Ifn
Bill to:
ru
nr1Vrhtiot
lnvoice
Date t0/20/2008 lnvoice #
1460
Mervyns Loss Prevention Attn: Jennie Ennis-Mason MS 4008 22301 Foothill Blvd Hayward, CA 94538
nn9t2008
ISOProx II Graphics Quality PVC, Proximity Access Card (HID Model #1386) Sales Tax
1,020.007
84.1 5
Total
$l.lo4.l5
Balance
Due
$r.ro4.r5
Phone #
909-398- l 730
Fax#
909-398-t045
E-mail
cwright@aplusid.com
Web Site
www.aplusid.com
lnvoice
lnvoice #
I 140
909-TR
Maxlabel Badge Reel - Round'Translucent Color' Swivel Clip Type Strap End Fitting (Royal Blue) with Mervyns Logo (white lower case m
with blue background)
Domed Label
One Time Art and Graphic Charge YMCKOK Ribbon for DTC 400 200 Prints Free UPS Ground Shipping on Orders Over Sales Tax
l.l4
0.72 45.00 79.00 0.00
8.25Yo
570.007
Dlabel
Design Time 44240
FS
360.007 45.00
l58.007
0.00
89.76
$ 100
Total
$.222.76 $-t.o27.el
sre4.E5
Payments/Credits
Balance
Due
Phone #
909-398|
Fax #
909-398-l 045
E-mail
cwright@aplusid.com
Web Site
www.aplusid.com
730
CERTIFICATE OF SERVICE
I, Nathan E. Jones, hereby certify and declare under penalty of perjury that on the l6s day of November ,2009, a copy of the following documents were served:
RESPONSE OF USDR (CLM #6015) TO
DECLARATION OF SERVICE
declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed on November 16, 2009 at Incline Village, Nevada.