HomeMy WebLinkAboutNotice to Debtors - 2023 Case 23-10576-TMH Doc 85 Filed 05/10/23 Page 1 of 2
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UNITED STATES DEPARTMENT - STICE `INERD°D
OFFICE OF THE UNITED STATES TRUSTEE MAY 2 9 2023
DISTRICT OF DELAWARE
a HEALTH DEPT.
•
•
In re: : Chapter 11
•
Christmas Tree Shops, LLC,et al., : Case No. 23-10576 (TMH)
Debtors. : (Jointly Administered)
•
: 341 Meeting Date: Tuesday,June 6,
o 2023,at 1:00 p.m. (ET)
NOTICE OF TELEPHONIC SECTION 341 MEETING
PLEASE TAKE NOTICE that the meeting of creditors pursuant to 11 U.S.C. §§ 341 and
343 (the "section 341 meeting") in these cases, scheduled for Tuesday,June 6, 2023,at 1:00
p.m. (ET)will be held telephonically.
If you are receiving this notice,you have been identified as a party who may be a
creditor, that is, someone who may be owed money by the Debtors. Creditors will receive
subsequent notice regarding any deadline for submitting a claim for monies owed, as well as the
procedures for doing so. Your telephonic participation in the section 341 meeting is not
required, is completely optional,and failure to attend will not affect your eligibility to file a
claim later. The purpose of the section 341 meeting is to provide creditors and parties in interest
an opportunity to examine the Debtors' financial affairs. The purpose of the section 341 meeting
is not to address the specific circumstances of each creditor.
PLEASE FOLLOW the instructions below to ensure a smooth and efficient telephonic
section 341 meeting.
o You must use a touch-tone phone.
o If you have a choice,please use a landline phone, instead of a cell phone.
o Dial the call-in number, 1-866-621-1355, and then enter the passcode, 7178157, followed
by a# sign.
o Make the call from a quiet area where there is as little background noise as possible.
o Mute your phone and do not speak until the U.S. Trustee counsel asks you to identify
yourself or indicates you may ask questions. You will still be able to listen even when
your phone is muted.
o Unmute your phone when speaking.
o When speaking, identify yourself.
o Do not put the phone on hold at any time after the call is connected.
o Once the meeting of creditors is finished, please hang up.
Case 23-10576-TMH Doe 85 Filed 05/10/23 Page 2 of 2
o If you become disconnected before the meeting is finished,please call back.
o The section 341 meeting of creditors will be recorded by the U.S. Trustee. Any other
recordings are prohibited.
o Neither the U.S. Trustee nor the Debtors may provide legal advice to any creditors.
A copy of this notice will be posted on the claims agent's (KCC's)website at:
https://www.kccllc.net/christmastreeshops
If you have any questions, you may contact Debtors' proposed counsel: Evelyn Meltzer
(Troutman Pepper Hamilton Sanders LLP); Telephone: (302) 777-6500; Facsimile: (302)421-
8390; Email: evelyn.meltzer@troutman.com
Dated: May 10, 2023 ANDREW R. VARA
UNITED STATES TRUSTEE
REGIONS 3 AND 9
By: ls/Benjamin Hackman
Benjamin A. Hackman
Trial Attorney
United States Department of Justice
Office of the United States Trustee
J. Caleb Boggs Federal Building
844 N. King Street
Room 2207, Lockbox 35
Wilmington, DE 19801
Case 23-10576-TMH Doc 95 Filed 05/16/23 Page 1 of 2
Information to identify the case:
Debtors: CHRISTMAS TREE SHOPS,LLC,et al. EIN: 04-2471207
United States Bankruptcy Court:District of Delaware Date case filed for chapter 11:May 6,2023
Case number: 23-10576(TMH)
Official Form 309F1 (For Corporations or Partnerships)
Notice of Chapter 11 Bankruptcy Case 10/20
For the debtor listed above,a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has been entered.
This notice has important information about the case for creditors and debtors,including information about the meeting of creditors and deadlines. Read troth
pages carefully.
The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtor or
the debtor's property. For example,while the stay is in effect,creditors cannot sue,assert a deficiency,repossess property,or otherwise try to collect from the debtor. Creditors
cannot demand repayment from the debtor by mail,phone,or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney's fees.
Confirmation of a chapter 11 plan may result in a discharge of debt. A creditor who wants to have a particular debt excepted from discharge may be required to file a complaint
in the bankruptcy clerk's office within the deadline specified in this notice.(See line 11 below for more information.)
To protect your rights,consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below or through PACER
(Public Access to Court Electronic Records at https://pacer.uscourts.gov).
The staff of the bankruptcy clerk's office cannot give legal advice.
Do riot file this notice with any proof of claim or other filing in the case.
1. Debtor's full name: See chart below.
2. All other names used in the past 8 years: See chart below.
Jointly Administered Cases Other Names Used in the Last 8 Years Case No. Tax ID.
Handil,LLC N/A 23-10674 86-3681160
Handil Holdings,LLC NIA 23-10676 86-3112891
Christmas Tree Shops,LLC N/A 23-10676 04-2471207
Salkovltz Family Trust 2,LLC N/A 23-10678 85-3348773
Nantucket Distributing Co.,LLC N/A 23-10579 04-2631640
3. Address for all Debtors:
64 Leona Drive
Middleborough,MA 02346
4. Debtors'attorneys— Debtors'Claim Agent: Kurtzman Carson
Consultants LLC
MURPHY&KING,PROFESSIONAL TROUTMAN PEPPER HAMILTON SANDERS LLP
CORPORATION Evelyn J.Meltzer Tel:888-647-1733(US/Canada)or 310-761-2623
Harold B.Murphy Marcy J.McLaughlin Smith (International)
Christopher M.Condon Hercules Plaza,Suite 6100
28 State Street,Suite 3101 1313 Market Street Email:ChristmasTreeShopslnfolfkccllc.com
Boston,Massachusetts 02109 Wilmington,Delaware 19801 Webslte:uvww.kccllc.net/christmastreeshops
Tel:(617)423-0400 Tel: (302)777-6500
hmurphyPmurphyking.com evelyn.meltzer(ftroutman.com If you have questions about this notice,
ccondonffmurphykinq.com marcy.smith(®troutman.com please contact Kurtzman Carson Consultants LLC
6. Bankruptcy clerk's office Address: Hours open: Monday—Friday 8:00 a.m.—4:00 p.m.(ET)
Documents in this case may be filed United States Bankruptcy Court
at this address.You may inspect all District of Delaware Contact phone:
records filed in this case at this office or 824 N.Market Street,3'"Floor 302-262-2900
online at https://pacer.uscourts.gov Wilmington,DE 19801
6. Telephonic meeting of creditors June 6,2023 at 1:00 p.m.(ET), Location: The upcoming 341(a)meeting is
Date Time scheduled to be held by phone.Please call
The debtor's representative must attend the 1-866-621-1355 and use access code
meeting to be questioned under oath. The meeting may be continued or adjourned to a later 7178157#to join the meeting.
Creditors may attend,but are not required to date,If so,the date will be on the court docket.
do so. Dial in:1-866-621-1355
Access Code:7178167#
Form 309F Notice of Chapter 11 Bankruptcy Case
155110371v1
Case 23-10576-TMH Doc 95 Filed 05/16/23 Page 2 of 2
7. Proof of claim deadline Deadline for Filing proof of claim:TBD Not yet set If a deadline is set,the court will send you another notice.
A proof of claim is a signed statement describing a creditor's claim.A proof of claim form may be obtained at www.uscourts.gov
or any bankruptcy clerk's office.
Your claim will be allowed in the amount scheduled unless:
• your claim is designated as disputed,contingent,or unliquidated;
• you file a proof of claim in a different amount;or
• you receive another notice.
If your claim is not scheduled or if your claim is designated as disputed,contingent,or unliquidated,you must file a proof of claim
or you might not be paid on your claim and you might be unable to vote on a plan.You may file a proof of claim even if your
claim is scheduled.
You may review the schedules at the bankruptcy clerk's office or online at https://pacer.uscourts.gov.
Secured creditors retain rights in their collateral regardless of whether they file a proof of claim.Filing a proof of claim submits a
creditor to the jurisdiction of the bankruptcy court,with consequences a lawyer can explain.For example,a secured creditor who
files a proof of claim may surrender important nonmonetary rights,including the right to a jury trial.
8. Exception to discharge deadline If§523(c)applies to your claim and you seek to have it excepted from discharge,you must start a judicial proceeding by filing a
complaint by the deadline stated below.
The bankruptcy clerk's office must
receive a complaint and any Deadline for filing the complaint: To Be Determined
required filing fee by the following
deadline.
9.Creditors with a foreign address If you are a creditor receiving notice mailed to a foreign address,you may file a motion asking the court to extend the deadlines
in this notice. Consult art attorney familiar with United States bankruptcy law if you have any questions about your rights in this
case.
10. Filing a Chapter 11 bankruptcy Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless the court confirms it. You
case may receive a copy of the plan and a disclosure statement telling you about the plan,and you may have the opportunity to vote
on the plan. You will receive notice of the date of the confirmation hearing,and you may object to confirmation of the plan and
attend the confirmation hearing. Unless a trustee is serving,the debtor will remain in possession of the property and may continue
to operate its business.
11. Discharge of debts Confirmation of a chapter 11 plan may result in a discharge of debts,which may include all or part of your debt. See 11 U.S.C.
§1141(d). A discharge means that creditors may never try to collect the debt from the debtor except as provided in the plan. If
you want to have a particular debt owed to you excepted from the discharge and§523(c)applies to your claim,you must s
tart a judicial proceeding by filing a complaint and paying the filing fee in the bankruptcy clerk's office by the deadline.
If you have questions about this notice, please contact the Debtors' Claims and
Noticing Agent, Kurtzman Carson Consultants LLC, at 888-647-1733 (US/Canada),
or 310-751-2623 (International), or by email at ChristmasTreeShonsInfo(alkccllc.com.
You may also find out more information at
www.kccllc.net/christmastreeshops
Form 309F Notice of Chapter 11 Bankruptcy Case
155110371v1