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DEBTOR 08-81329
Now into court through undersigned counsel comes the CITY OF ALEXANDRIA, a creditor
and former lessor of the Debtor, which objects to the Proof of Claim filed on behalf of Capital One,
N.A. for the reasons set forth below.
1.
The City of Alexandria is a secured, undersecured and administrative expense claimant of
the Debtor.
2.
The City of Alexandria is the former lessor of the Debtor.
3.
By Order dated July 17, 2009 (docket #185) this Court deemed rejected the lease, as
amended, by and between the Debtor and the City of Alexandria and ordered the Debtor to surrender
the leased premises to the City of Alexandria at midnight July 17, 2009.
4.
The Order is final and was not appealed.
5.
The City is the fee simple owner of a tract located between Fourth Street, Jackson Street,
Main Street and Fisk Street. There is presently located on that tract a hotel and convention center.
In 1983, the City obtained an Urban Development Action Grant for $4,975,000.00 for the purpose
of buying blighted property and constructing a convention center for lease to a developer who would
construct a hotel on the leased premises under a long term lease.
6.
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11.
On March 14, 1995, the City and Rapides Hotel entered into an Amendment To Ground
Lease ("the Second Amendment") which was filed and recorded in Conveyance Book 1431 at Page
948 and in Conveyance Book 1370 at Page 1 of the records of Rapides Parish which released from
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17.
The City of Alexandria filed an Ex Parte Motion requesting that this Court enter an Order
canceling the recordation of the lease between the City and NR Group on the public records of the
Clerk of Rapides Parish, State of Louisiana. (docket #223 in the main case).
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WHEREFORE THE CITY OF ALEXANDRIA PRAYS that this objection to the Proof
of Claim of Capital One, N.A. be deemed good and sufficient and that the relief be granted as set
forth above.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the above and foregoing Objection to Proof of Claim has been
served upon Debtor, NR Group, LLC, 701 Fourth Street, Alexandria, LA 71301; Debtor’s attorney,
Wade N. Kelly, 1777 Ryan Street, P.O. Box 2065, Lake Charles, LA 70601; and Office of U. S.
Trustee, 300 Fannin St., Suite 3196, Shreveport, LA 71101; Capital One Bank c/o Gary Tillman,
P.O. Box 12729, Alexandria, LA 71315-3199 and c/o Patrick Johnson, Lemle & Kelleher, L.L.P.,
Pam-American Life Center, 601 Poydras St., Ste. 2100, New Orleans, LA 70130; Servco
Restoration c/o E. Keith Carter, 4415 Thornhill, 2nd Floor, Ste. A, Shreveport, LA 71106; Thomas
Thompson, 800 Lafayette St., Ste 2200, Lafayette, LA 70501; Chapter 7 Trustee, Ted Brett Brunson,
P.O. Box 12, Natchitoches, LA 71457, by placing a copy of same in the United States mail postage
prepaid.
Alexandria, Louisiana this 10th day of November, 2009.
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