10000018868

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDERS INC.
,1 et al., Chapter 11 Case No. 11-11795 (KG) Jointly Administered Debtors.

Ref. Docket No. 1356
CERTIFICATION OF COUNSEL REGARDING PROPOSED ORDER SUSTAINING, IN PART, DEBTORS FOURTH (4TH) OMNIBUS (SUBSTANTIVE) OBJECTION TO CLAIMS PURSUANT TO SECTION 502(b) OF THE BANKRUPTCY CODE, BANKRUPTCY RULES 3003 AND 3007 AND LOCAL RULE 3007-1 On November 28, 2011, Perkins & Marie Callenders Inc. (f/k/a The Restaurant Company) (PMCI) and its above-captioned affiliated debtor entities (collectively, with PMCI, the Debtors), by and through their undersigned counsel, filed with this Court the Debtors Fourth (4TH) Omnibus (Substantive) Objection to Claims Pursuant to Section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and 3007 and Local Rule 3007-1 [Docket No. 1356] (the Objection).2 Thereafter, the following parties (collectively, the Respondents, and
together with the Debtors, the Parties) provided the Debtors with an informal response regarding the Objection: Claims Recovery Group LLC as assignee of Claim 2106 of
Southeastern [informal]; and Madison Gas and Electric (MGE) [informal] (collectively, the Responses). Prior to the objection deadline of December 12, 2011 at 4:00 p.m. (ET), no other responses to the Objection were received by the Debtors.
1
The Debtors, together with the last four digits of each Debtors federal tax identification number, are: Perkins & Marie Callenders Inc. (4388); Perkins & Marie Callenders Holding Inc. (3999); Perkins & Marie Callenders Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Objection.
2
01: 11683165.1
070242.1001
Since the Debtors receipt of the Responses, the Debtors have worked with the Respondents in an effort to the resolve the Responses, and have done so in part through certain modifications to the proposed form of order for the Objection (the Proposed Order) and Exhibit A to the Proposed Order. In addition, the Debtors and MGE have determined that it is in their respective best interests to adjourn the Objection solely as it pertains to the Disputed Claim that is the subject of MGEs Response. In light of the foregoing, attached hereto as Exhibit 1 is a revised Proposed Order (the Revised Proposed Order), together with a revised Exhibit A thereto.3 The Debtors submit that the Revised Proposed Order is appropriate and consistent with the Objection, and that entry of the order is in the best interests of the Debtors, their estates and creditors. The Respondents have consented to the entry of the Revised Proposed Order. Remainder of page intentionally left blank
For ease of reference, attached hereto as Exhibit 2 is a copy of the Revised Proposed Order marked against the Proposed Order (the Blackline). The Blackline does not include a marked copy of Exhibit A to the Revised Proposed Order, but Exhibit A has been revised consistent with the Parties related discussions.
2
01: 11683165.1 070242.1001
Accordingly, the Debtors respectfully request the Court to enter the Revised Proposed Order, attached hereto as Exhibit 1, without further notice or a hearing. Dated: December 21, 2011 Wilmington, DE YOUNG CONAWAY STARGATT & TAYLOR, LLP By: /s/ Robert F. Poppiti, Jr. Robert S. Brady (No. 2847) Robert F. Poppiti, Jr. (No. 5052) The Brandywine Building, 1000 West Street, 17th Floor Wilmington, DE 19801 Telephone: (302) 571-6600 Facsimile: (302) 571-1253 - AND TROUTMAN SANDERS LLP Mitchel H. Perkiel Hollace T. Cohen Brett D. Goodman The Chrysler Building, 405 Lexington Avenue New York, NY 10174 Telephone: (212) 704-6000 Facsimile: (212) 704-6288 COUNSEL FOR PERKINS & MARIE CALLENDERS INC., ET AL., Debtors
3
01: 11683165.1 070242.1001
EXHIBIT 1 Revised Proposed Order
01: 11683165.1
070242.1001
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDERS INC.,1 et al., Chapter 11 Case No. 11-11795 (KG) Jointly Administered Debtors. Ref. Docket Nos. 1356 and ______
ORDER SUSTAINING, IN PART, DEBTORS FOURTH (4TH) OMNIBUS (SUBSTANTIVE) OBJECTION TO CLAIMS PURSUANT TO SECTION 502(b) OF THE BANKRUPTCY CODE, BANKRUPTCY RULES 3003 AND 3007 AND LOCAL RULE 3007-1 Upon consideration of the Fourth (4th) Omnibus (Substantive) Objection to Claims Pursuant to Section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and 3007 and Local Rule 3007-1 (the Objection)2 of the above-captioned debtors and debtors-inpossession (collectively, the Debtors) for the entry of an order, pursuant to section 502(b) of title 11 of the United States Code, 11 U.S.C. 101 et seq. (the Bankruptcy Code), Rules 3003 and 3007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), and Rule 3007-1 of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware (the Local Rules), reclassifying, in full or in part, as appropriate, each of the Disputed Claims identified on Exhibit A attached hereto; and it appearing that due and sufficient notice of the Objection has been given under the circumstances; and after due deliberation and upon the Courts determination that the relief requested in the
The Debtors, together with the last four digits of each Debtors federal tax identification number, are: Perkins & Marie Callenders Inc. (4388); Perkins & Marie Callenders Holding Inc. (3999); Perkins & Marie Callenders Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Objection.
2
01: 11493772.3
070242.1001
Objection is in the best interests of the Debtors, their estates and creditors and other parties in interest; and sufficient cause appearing for the relief requested in the Objection, it is hereby ORDERED, ADJUDGED AND DECREED that: 1. The Objection is sustained to the extent provided for herein and on Exhibit A
attached hereto. 2. Pursuant to section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and
3007 and Local Rule 3007-1, the Reclassified Claims identified on Exhibit A attached hereto are hereby reclassified to the priority levels indicated in the column titled Modified Claim Amount/Classification on Exhibit A attached hereto. 3. The Objection shall be deemed to be withdrawn without prejudice solely as it
pertains to Claim Number 2106 of Claims Recovery Group LLC as assignee of Southeastern. 4. Any and all rights of the Debtors and their estates to amend, supplement or
otherwise modify the Objection and to file additional objections to any and all claims filed in these Chapter 11 Cases, including, without limitation, any and all of the Disputed Claims, shall be reserved. Any and all rights, claims and defenses of the Debtors and their estates with respect to any and all of the Disputed Claims shall be reserved, and nothing included in or omitted from the Objection shall impair, prejudice, waive or otherwise affect any such rights, claims and defenses. 5. This Court shall retain jurisdiction over any and all affected parties with respect to
any and all matters, claims or rights arising from or related to the implementation or interpretation of this Order. Dated: Wilmington, Delaware December ____, 2011
____________________________________ Kevin Gross Chief United States Bankruptcy Judge 2
01: 11493772.3
070242.1001
EXHIBIT A Reclassified Claims
01: 11493772.3
070242.1001
201112201748
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) RECLASSIFIED CLAIMS
Claimant Reason
1545 $10,687.05 $10,687.05 $10,687.05 UNS $10,687.05 UNS No Amt Given** 503(b)(9) 11-11795 $0.00 503(b)(9)
Claim Number Claim Amount/ Classification* Filed In Case(s)*
Modified Claim Amount/ Classification
A & I TRAVEL SERVICE INC.
ATTN: KEITH STEVENS
5124 POPLAR AVE STE 101
MEMPHIS, TN 38117
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
1243
A BRIGHTER IMAGE INC ATTN: KATHLEEN DUCHENE $382.48 $382.48
$157.48 $225.00
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
$382.48 UNS
1424 OAKWOOD DRIVE ANOKA, MN 55303
$0.00 503(b)(9) $817.87 UNS
A PARTY RENTALS
725
$817.87
503(b)(9)
11-11801
ATTN: KEVIN KREUTZER $817.87
620 THIRD AVE. $817.87
CHULA VISTA, CA 91910
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services and for rented goods. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
* - See Claim Class Code and Debtor Case Number Legends at the end of this report ** - "No Amt Given" includes, without limitation, Undetermined, Unliquidated, Unknown, To be Determined or the like or when no amount is listed at all Page 1 of 45
Claimant Reason
4
$160.00 UNS
AAA SEPTIC SERVICE ATTN: JERRY LANSING $160.00 $160.00
362
$160.00
503(b)(9)
11-11795
$0.00 503(b)(9)
P.O. BOX 1284 MARSHALLTOWN, IA 50158
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
AABLE SAFETY CLEAN
339
$454.43
503(b)(9)
11-11801
$0.00 503(b)(9) $454.43 UNS
ATTN: DAVID W HARRIS $454.43
P.O. BOX 3400 $454.43
REDMOND, WA 98073-3400
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $70.66 UNS
ACTION DRAIN & ROOTER SERVICE
660
$70.66
503(b)(9)
11-11801
ATTN: TAMRA L WINSTON $70.66
P.O. BOX 18718 $70.66
SPOKANE, WA 99228
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
Claimant Reason
7
$201.50 UNS
ACTION RENT-ALL & PARTYTIME ATTN: BOB CRISWELL $201.50 $201.50
549
$201.50
503(b)(9) and UNS
11-11801
$0.00 503(b)(9)
4340 FRANKLIN BLVD EUGENE, OR 97403
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services and rented goods. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
432
$112.69
503(b)(9)
11-11795
$0.00 503(b)(9)
$112.69 UNS
ADAM'S PEST CONTROL INC.-HAMEL ATTN: ANDREA GUY $112.69 $112.69
922 HWY 55 SUITE 100 P.O. BOX 233 HAMEL, MN 55340-0233
$0.00 503(b)(9) $3,381.39 UNS
ADMIRAL LINEN & UNIFORM
337
$3,381.39
503(b)(9)
11-11801
ATTN: EDDIE KONVICKA $3,381.39
2030 KIPLING $3,381.39
HOUSTON, TX 77098
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services and rented goods. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
Claimant Reason
10
$26,165.58 UNS
ALSCO ATTN: DONALD MATHEWS $26,165.58 $26,165.58
2008
$26,165.58
503(b)(9)
11-11801
$0.00 503(b)(9)
175 SOUTH WEST TEMPLE SUITE # 510 SALT LAKE CITY, UT 84101
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
11
AMERICAN FLAG & FLAGPOLE
363
$158.41
503(b)(9)
11-11795
$0.00 503(b)(9) $158.41 UNS
ATTN: JEFF GAITHER $158.41
P.O. BOX 341163 $158.41
MEMPHIS, TN 38184-1163
12
AMERICAN JETTING SERVICES
655
$295.00
503(b)(9)
11-11801
ATTN: MIKE KRAFT $295.00
$0.00 503(b)(9) $295.00 UNS $295.00
P.O. BOX 3674
SCOTTSDALE, AZ 85271-3674
Claimant Reason
13
$201.33 UNS
ANDERSON CLEANERS ATTN: ROSEMARY FERIANCEK $201.33 $201.33
832
$201.33
503(b)(9)
11-11795
$0.00 503(b)(9)
416 SOUTH 8TH STREET BRAINERD, MN 56401
14
APEX CARPET & UPHOLSTERY
360
$395.81
ATTN: JOHN C. ANDERSON $395.81
503(b)(9) and PRI
11-11795
$0.00 503(b)(9) $0.00 PRI $395.81 UNS $395.81
3408 BRIARCREST DR.
EAU CLAIRE, WI 54701
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $95.00 UNS
15
ASAP SEPTIC PUMPING LLC
1759
$95.00
503(b)(9)
11-11795
ATTN: PAT SHRAMEK $95.00
N 9404 STATE HWY. 95 $95.00
ALAM CENTER, WI 54611
Claimant Reason
16
$1,427.37 UNS
BAKERSFIELD LIGHTING SPEC. ATTN: JUDIRAE ROSS $1,427.37 $1,427.37
407
$1,427.37
503(b)(9)
11-11801
$0.00 503(b)(9)
1519 E. 19TH STREET BAKERSFIELD, CA 93309
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors and for goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
17
BARRAGAN, RAMIRO
1003
$7,292.00
PRI
11-11801
12321 CAMILLA ST $7,292.00
$0.00 PRI $7,292.00 UNS $7,292.00
WHITTIER, CA 90601
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. As such, the entire claim must be reclassified to a general unsecured claim.
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) OVERSTATED LEASE REJECTION DAMAGES CLAIMS
Claimant Reason
18
$500,000.00 UNS $324,160.43 UNS
BATE, RUSSELL M. AND MARY LOU C/O CAROLYN V. JOHNSON, POA $3,000,000.00 $324,160.43
1840
$3,000,000.00 $2,500,000.00
503(b)(9) SEC
11-11795
$0.00 503(b)(9) $0.00 SEC
P.O. BOX 700742
SAN JOSE, CA 95170-0742
Section 502(b)(6) of the Bankruptcy Code limits claims for damages resulting from the rejection of a lease of real property to the rent reserved by the applicable lease, without acceleration, for the greater of (i) one year or (ii) 15% of the remaining term of the applicable lease (but not to exceed three years) from the Petition Date, plus any unpaid rent due under such lease, without acceleration, on the Petition Date. Based on a review of the Debtors books and records, unpaid rent as of the Petition Date is owed to this claimant in the amount of $19,166.67. Therefore, pursuant to section 502(b)(6) of the Bankruptcy Code, the Debtors believe that the claim should be capped at $324,160.43 and such amount should be reclassified to a general unsecured claim. $0.00 503(b)(9)
$103.59 UNS
19
BERRY'S GARDEN CENTER ATTN: G. STEVEN LIGHT $103.59
990
$103.59
503(b)(9)
11-11795
3714 N VERMILION ST. DANVILLE, IL 61832
$103.59
Claimant Reason
20
$367.38 UNS
BLACK HAWK ELECTRICAL CO. ATTN: KIM RAGSDALE $367.38 $367.38
909
$235.98 $131.40
PRI UNS
11-11795
$0.00 PRI
1507 COMMERCIAL STREET WATERLOO, IA 50702
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date and for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
21
BLOOM'N HOUSE
1041
$181.79
503(b)(9)
11-11795
$0.00 503(b)(9) $181.79 UNS
ATTN: CONNIE GEGELMAN $181.79
P.O. BOX 603 $181.79
BEULAH, ND 58523
Based on review of the supporting documentation filed with the claim, the claim is for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $360.00 UNS
22
BLUE GLACIER GARDENS
1242
$360.00
503(b)(9)
11-11801
ATTN: KEN BOWERMAN $360.00
P.O. BOX 178 $360.00
SANTA ROSA, CA 95402
Claimant Reason
23
$8,031.12 UNS
BRAINERD PUBLIC UTILITIES ATTN: JANA PERNULA $8,031.12 $8,031.12
723
$8,031.12
503(b)(9)
11-11795
$0.00 503(b)(9)
P.O. BOX 373 BRAINERD, MN 56401
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (water and electricity). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
$0.00 PRI $225.00 UNS
24
BRITE BLIND SERVICES
1444
$225.00
PRI
11-11795
ATTN: RENEE S. FLORIDA $225.00
8547 EAST ARPSHOE RD. J589 $225.00
GREENWOOD VILLAGE, CO 80112
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. As such, the entire claim must be reclassified to a general unsecured claim. $1,731.11 503(b)(9)
25
BRUCE'S REPAIR SERVICE
426
$3,843.64
503(b)(9)
11-11801
ATTN: BRUCE A. GALASSO $3,843.64
$2,112.53 UNS
$3,843.64
P.O. BOX 1348
FONTANA, CA 92334
Based on review of supporting documentation filed with the claim, the claim includes $2,112.53 owed for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $2,112.53 of the claim must be reclassified to a general unsecured claim.
Claimant Reason
26
$200.00 UNS
C & H GLASS CO INC ATTN: HARVEY STEINMAN $200.00 $200.00
550
$200.00
503(b)(9) and UNS
11-11795
$0.00 503(b)(9)
P.O. BOX 1991 BISMARCK, ND 58502
27
CARTRIDGE WORLD WALNUT CREEK
736
$244.71
503(b)(9)
11-11801
$0.00 503(b)(9) $244.71 UNS
SANTA CRUZ $244.71
ATTN: WAN CHAO $244.71
1554 NEWELL AVENUE
WALNUT CREEK, CA 94596
MOUNT DIABLO INKS LLC
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $0.00 PRI $448.20 UNS $448.20
28
CASCADE ELECTRONICS
679
$448.20
ATTN: LESLIE NORDLUM $448.20
503(b)(9) and PRI
11-11801
1601 S.E. 11TH
PORTLAND, OR 97214
Claimant Reason
29
CASE ELECTRIC LLC ATTN: STACEY M CASE $844.36 $844.36
640
$844.36
503(b)(9) and UNS
11-11795
$424.36 503(b)(9) $420.00 UNS
12826 ST. ROUTE D SAVANNAH, MO 64485
Based on review of the supporting documentation filed with the claim, the claim includes $420.00 owed for services and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $420.00 of the claim must be reclassified to a general unsecured claim.
30
CHERRY CITY ELECTRIC
796
$576.79
503(b)(9)
11-11801
$0.00 503(b)(9) $576.79 UNS
ATTN: TED SHARP $576.79 $576.79
1596 22ND STREET S.E.
SALEM, OR 97302
Based on review of the supporting documentation filed with the claim, the claim is for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 PRI $720.00 UNS
31
CHIT-CHAT PRODUCTIONS
1434
$720.00
PRI
11-11795
ATTN: PHYLLIS CHATHAM $720.00
4939 OLIVER AVE NORTH $720.00
MINNEAPOLIS, MN 55430
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
Claimant Reason
32
$595.68 UNS
CITY LITES NEON INC ATTN: MARTHA A DAVIS $595.68 $595.68
527
$595.68
503(b)(9)
11-11801
$0.00 503(b)(9)
902 NW 49 TH ST SEATTLE, WA 98107
33
CITY OF CRYSTAL, MN
728
$2,453.48
SEC
11-11795
$0.00 SEC $2,453.48 UNS
ATTN: CHARLES HANSEN $2,453.48
4141 DOUGLAS DRIVE NORTH $2,453.48
CRYSTAL, MN 55422
Based on review of the supporting documentation filed with the claim, the claim is not entitled to secured status under the Bankruptcy Code or otherwise, as the Debtors do not own the underlying real property to which the utilities were provided. As such, the entire claim must be reclassified to a general unsecured claim.
34
528
CITY OF DETROIT LAKES, MN ATTN: AMY OLSON $4,213.75
No Amt Given** $4,213.75
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
$4,213.75 UNS
P.O. BOX 647 DETROIT LAKES, MN 56502-0647
$4,213.75
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (electricity). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
Claimant Reason
35
$2,102.78 UNS
CITY OF JAMESTOWN, ND ATTN: ELAINE KNUDSON $2,102.78 $2,102.78
1883
$2,102.78
503(b)(9)
11-11795
$0.00 503(b)(9)
102 THIRD AVE SE JAMESTOWN, ND 58401
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (water, sewer and garbage service). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $1,802.68 UNS
36
CITY OF MERCED
2163
$1,802.68
503(b)(9)
11-11801
ATTN: RENIE FAGUNDES $1,802.68
678 W 18TH ST $1,802.68
MERCED, CA 95340
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (water and sewer). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
Claimant Reason
37
$6,677.36 UNS
CLAIMS RECOVERY GROUP LLC AS ASSIGNEE OF AUTUMN FOODS $6,677.36 $6,677.36
1712
$6,460.00 $217.36
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
ATTN: ALLISON AXENROD 92 UNION AVE CRESSKILL, NJ 07626
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date and for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
38
CLEARWATER ENTERPRISES, L.L.C.
968
$593.46
503(b)(9)
11-11795
ATTN: LISA OWENS $1,349.99
$756.53
UNS
$0.00 503(b)(9) $1,349.99 UNS $1,349.99
P.O. BOX 26706
OKLAHOMA CITY, OK 73126-0706
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (natural gas). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, $593.46 of the claim must be reclassified to a general unsecured claim.
Claimant Reason
39
$1,368.23 UNS
COMMERCIAL LIGHTING SERV., INC ATTN: PERRY BETHEL $1,586.10 $1,586.10
1677
$1,586.10
503(b)(9) and UNS
11-11795
$217.87 503(b)(9)
4525 NE 78TH AVE BONDURANT, IA 50035-1065
Based on review of the supporting documentation filed with the claim, $1,368.23 of this claim is supported by invoices for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $1,368.23 of the claim must be reclassified to a general unsecured claim.
40
$493.95
277
$82.29
DAN'S SERVICE PLUS ATTN: CYNTHIA BRANDENBURG $576.24 $576.24
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
$576.24 UNS
4801 N. 32ND AVE WAUSAU, WI 55401
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors and for goods not received within the 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $82.29 of the claim must be reclassified to a general unsecured claim.
41
DIRTY DEEDS PRESSURE WASHING INC
973
$150.00
503(b)(9)
11-11795
ATTN: FRANK BALSAMA $150.00
$0.00 503(b)(9) $150.00 UNS $150.00
1618 LEISURE DR
CLEARWATER, FL 33756
Claimant Reason
42
$240.00 UNS
DRAIN WORKS LLC ATTN: LILLIE COOPER $240.00 $240.00
812
$240.00
503(b)(9)
11-11795
$0.00 503(b)(9)
P.O. BOX 545 NEWBERN, TN 38059
43
E M C CLEANING, INC
975
PRI
11-11795
ATTN: ED KRZESOWIAK $324.59 $324.59
$21.59 $303.00
UNS
$0.00 PRI $324.59 UNS
2335 CAVELL AVE
GOLDEN VALLEY, MN 55427-3208
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors, and not on account of taxes owed to a governmental unit. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $1,755.00 UNS
44
E.B. MILLER CONTRACTING, INC.
703
$1,755.00
503(b)(9)
11-11795
ATTN: JENNIFER MILLER $1,755.00
1701 MILLS AVENUE $1,755.00
CINCINNATI, OH 45212
Based on review of the supporting documentation filed with the claim, the claim is for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
Claimant Reason
45
$125.00 UNS
ENGLISH GARDEN FLORIST ATTN: DAVID FILTER $125.00 $125.00
552
$125.00
503(b)(9)
11-11801
$0.00 503(b)(9)
4171 S. MARYLAND PARKWAY LAS VEGAS, NV 89119
46
FISH WINDOW CLEANING
427
$331.00
503(b)(9)
11-11795
$0.00 503(b)(9) $331.00 UNS
ATTN: RANDY CROSS $331.00
P.O. BOX 723 $331.00
GRANDVILLE, MI 49468-0723
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
47
FOOD EQUIPMENT REPAIR SERVICE
1969
$2,160.06
503(b)(9)
11-11801
ATTN: MICHAEL AMHNDOLI $2,160.06
$9.79 503(b)(9) $2,150.27 UNS $2,160.06
1618 SAN RAMON WAY
SANTA ROSA, CA 95409
Based on review of the supporting documentation filed with the claim, $2,150.27 of this claim is supported by invoices for services provided and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $2,150.27 of the claim must be reclassified to a general unsecured claim.
Claimant Reason
48
$475.00 UNS
FOXWORTH PROPERTY MAINTENANCE ATTN: ERNEST FOXWORTH $475.00 $475.00
358
$475.00
503(b)(9)
11-11795
$0.00 503(b)(9)
18601 MATT RD N FT MYERS, FL 33917
49
FRED J. PIETTE COMPANY, INC
1810
$8,591.00
503(b)(9)
11-11795
ATTN: ANTHONY PIETTE $8,591.00
$0.00 503(b)(9) $8,591.00 UNS $8,591.00
6130 NORTH RICHMOND STREET
APPLETON, WI 54913
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $482.07 UNS
50
FUTURE SERVICES, INC
1077
$482.07
503(b)(9)
11-11795
ATTN: ERIC R. BRANDT $482.07
1114 PUTMAN AVE. $482.07
RED WING, MN 55066
Claimant Reason
51
$2,694.50 UNS
GAP BROADCASTING DULUTH LLC ATTN: SUSAN GARVER $2,694.50 $2,694.50
738
$1,658.35 $1,036.15
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
KBMX-FM, KKCB-FM , KLDJ-FM, WEBC-AM 14 E CENTRAL ENTRANCE DULUTH, MN 55811
52
GARY'S MOWING SERVICE
351
$245.00
503(b)(9)
11-11795
ATTN: GARY BOMSTAD $245.00 $245.00
$0.00 503(b)(9) $245.00 UNS
1700 N 24TH ST
CLEAR LAKE, IA 50428
53
No Amt Given**
GORDON, KIM P.O. BOX 42 $540.00
946
$540.00
503(b)(9) PRI
11-11795
$0.00 503(b)(9) $0.00 PRI

$540.00 UNS
MOORHEAD, MN 56561
$540.00
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
Claimant Reason
54
$725.00 UNS
GREAT LAKES SERVICE ATTN: WENDY CLOUSER $725.00 $725.00
357
$725.00
503(b)(9) and UNS
11-11795
$0.00 503(b)(9)
52 EISENHOWER LN N LOMBARD, IL 60148
55
GREEN BAY SWEEP SERVICE
529
$188.00
503(b)(9)
11-11795
$0.00 503(b)(9) $188.00 UNS
ATTN: THOMAS RENTMEESTER $188.00
P.O. BOX 8294 $188.00
GREEN BAY, WI 54308
56
GREG'S GRASS SERVICE
839
$197.17
503(b)(9)
11-11795
ATTN: GREG STEGENA $197.17
1417 OAKWOOD DRIVE $197.17
ALBERT LEA, MN 56007
Claimant Reason
57
$209.81 UNS
HERMAN'S PLUMBING SERVICE INC. ATTN: LAVEARL F MOORE $209.81 $209.81
511
$209.81
503(b)(9)
11-11795
$0.00 503(b)(9)
943 S. NEVADA AVENUE P.O. BOX 1473 COLORADO SPRINGS, CO 80901
58
HOLLAND BOARD OF PUBLIC WORKS
406
$2,364.36
ATTN: JULIE THOMPSON $2,364.36
503(b)(9) and SEC
11-11795
$0.00 503(b)(9) $0.00 SEC $2,364.36 UNS $2,364.36
625 HASTINGS AVENUE
HOLLAND, MI 49423
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (electricity). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. In addition, the claim is not entitled to secured status under the Bankruptcy Code or otherwise, as the Debtors do not own the underlying real property to which the utilities were provided. As such, the entire claim must be reclassified to a general unsecured claim.
Claimant Reason
59
$24,550.00 UNS
HOLTON FOOD PRODUCTS COMPANY ATTN: DAVID HOLTON $24,550.00 $24,550.00
1202
No Amt Given** $24,550.00
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
500 W BURLINGTON AVE LAGRANGE, IL 60525
Based on review of supporting documentation filed with the claim, the claim includes amounts owed for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
60
HOODZ OF ORLANDO
434
$115.84
503(b)(9)
11-11795
ATTN: MARK CHRIST $115.84 $115.84
$0.00 503(b)(9) $115.84 UNS
910 BELLE AVE
SUITE 1160
LONGWOOD, FL 32708
61
INTERLUBE CORPORATION ATTN: C.M. CLEVES $272.70
1036
$272.70
503(b)(9)
11-11795
$178.20 503(b)(9) $94.50 UNS $272.70
4646 BAKER AVENUE CINCINNATI, OH 45212
Based on review of the supporting documentation filed with the claim, $94.50 of this claim is supported by invoices for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $94.50 of the claim must be reclassified to a general unsecured claim.
Claimant Reason
62
$120.00 UNS
JEFF'S TAP-RIGHT ATTN: JEFF LYON $120.00 $120.00
1384
$120.00
PRI
11-11801
$0.00 PRI
30 COACHMAN DR EUGENE, OR 97405
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
63 $73.48 $73.48 UNS
JIMMY'S FLOWER SHOP
983
No Amt Given**
SEC
11-11801
$0.00 SEC $73.48 UNS $73.48
ATTN: KATHY MCKNIGHT
2735 WASHINGTON BLVD
OGDEN, UT 84401
Based on review of the supporting documentation filed with the claim, the claim is not entitled to secured status under the Bankruptcy Code or otherwise. As such, the claim must be reclassified to a general unsecured claim.
64
JOEBGEN, MICHAEL
1549
$2,583.00
PRI
11-11795
323 4TH ST. N.W. $3,447.00
$864.00
UNS
$0.00 PRI $3,447.00 UNS $3,447.00
WAVERLY, IA 50677
Claimant Reason
65
$1,332.50 UNS
JOHN HEINLEIN CONSTRUCTION INC ATTN: JOHN HEINLEIN $1,332.50 $1,332.50
977
$1,332.50
503(b)(9) and PRI
11-11795
$0.00 503(b)(9) $0.00 PRI
P.O. BOX 20
LAKE ELMO, MN 55042
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date and for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. Furthermore the Debtors do not own the underlying real property to which the improvements were furnished. As such, the claim must be reclassified to a general unsecured claim.
$0.00 PRI $385.18 UNS
66
JOHN'S LOCK & KEY, INC.
1675
$385.18
PRI
11-11795
ATTN: H. KRISTEN ROLAND $385.18
2901 1ST AVENUE SE $385.18
CEDAR RAPIDS, IA 52402
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors and for goods not received within 20 days prior to the Petition Date. As such, the claim must be reclassified to a general unsecured claim.
67
140
$294.51
PRI
11-11795
$0.00 PRI
$294.51 UNS
JOHNSON COUNTY WASTEWATER C/O JOHNSON COUNTY LEGAL DEPT. $294.51
ATTN: LISA R. WETZLER 111 SOUTH CHERRY STREET, SUITE 3200 OLATHE, KS 66061
$294.51
Based on review of supporting documentation filed with the claim, the claim is solely for amounts owed for utilities (water and sewer services), and not taxes owed to governmental units. As such, the entire claim should be reclassified as a general unsecured claim.
Claimant Reason
68
$197.95 UNS
JOHNSON SIGN SERVICE ATTN: JEANNIE JOHNSON $197.95 $197.95
1824
$197.95
503(b)(9)
11-11795
$0.00 503(b)(9)
1028 17TH N.E. MASON CITY, IA 50401
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
69 $1,955.00 $4,335.00 UNS
KAAL-TV
1996
$2,380.00
503(b)(9)
11-11795
$0.00 503(b)(9) $4,335.00 UNS $4,335.00
ATTN: DEBRA NERUD
P.O. BOX 577
AUSTIN, MN 55912
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $5,226.04 UNS
70
KIMT-TV
414
$5,226.04
503(b)(9)
11-11795
ATTN: JILL BULAND $5,226.04
P.O. BOX 620 $5,226.04
MASON CITY, IA 50402-0620
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
Claimant Reason
71
$1,484.10 UNS
KSUM KFMC ATTN: ANNE BROWN $1,484.10 $1,484.10
402
$1,484.10
503(b)(9)
11-11795
$0.00 503(b)(9)
1371 WEST LAIR ROAD P.O. BOX 491 FAIRMONT, MN 56031
72
LAREW CO. INC
1762
$562.18
503(b)(9)
11-11795
$291.95 503(b)(9) $270.23 UNS
ATTN: KONNIE BACHELDER $562.18
1611 WILLOWCREEK DR. $562.18
IOWA CITY, IA 52244
Based on review of the supporting documentation filed with the claim, $270.23 of this claim is supported by invoices for services provided and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $270.23 of the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $139.79 UNS
73
M & M RESTAURANT SUPPLY & SERVICE
1260
$139.79
503(b)(9)
11-11801
ATTN: MARIBETH DURAZO $139.79
300 E. OAK ST. $139.79
SANTA MARIA, CA 93454
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services and goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
Claimant Reason
74
$835.00 UNS
M & W GLASS CO., INC. ATTN: WALTER B. BUTLER $835.00 $835.00
120
$835.00
PRI and UNS
11-11795
$0.00 PRI
149 COMMERCIAL DR. ATOKA, TN 38004
Based on review of supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party which was not an employee of the Debtors. As such, the entire claim should be reclassified as a general unsecured claim.
75
MALLET & CO INC
355
$38.21
503(b)(9)
11-11795
$0.00 503(b)(9) $38.21 UNS
ATTN: MATTHEW KARLOVITZ $38.21 $38.21
P.O. BOX 474
CARNEGIE, PA 15106-0474
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtor and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
76
442
MANKATO SIGN SERVICE ATTN: CHARLES HOLZINGER $163.99
No Amt Given** $163.99
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
$163.99 UNS
1310 VICTORY DRIVE SOUTH MANKATO, MN 56001
$163.99
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
Claimant Reason
77
$516.53 UNS
MATTISON ENTERPRISES INC ATTN: GEORGE F. MATTISON $516.53 $516.53
1262
$516.53
503(b)(9) and SEC
11-11795
$0.00 503(b)(9) $0.00 SEC
7218 KNOTTYPINE AVE.
WINTER PARK, FL 32792
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. Furthermore, the Debtors do not own the underlying real property to which the improvements were furnished. As such, the claim must be reclassified to a general unsecured claim.
78
MCFADDEN-DALE INDUSTRIAL HARDWARE
2009
$398.94
503(b)(9)
11-11801
$258.76 503(b)(9)
ATTN: STEVE CHRISTENSEN $398.94
$140.18 UNS
$398.94
129 N. MAPLE ST.
CORONA, CA 92880
Based on review of the supporting documentation filed with the claim, $140.18 of this claim is supported by invoices for services provided and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $140.18 of the claim must be reclassified to a general unsecured claim.
79
MCMILLAN ELECTRIC
2012
$750.38
503(b)(9)
11-11795
KNZ CORPORATION $750.38
$0.00 503(b)(9) $750.38 UNS $750.38
ATTN: JOHN NIKOLAI
2106 S. HUME AVE.
MARSHFIELD, WI 54449
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors and for goods not received within the 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
Claimant Reason
80
$645.47 UNS
MEYER ELECTRIC INC ATTN: PAUL H. MEYER $645.47 $645.47
601
$645.47
503(b)(9)
11-11795
$0.00 503(b)(9)
3513 N. 10 MILE DRIVE JEFFERSON CITY, MO 65109
81
MINNESOTA CONCRETE SPECIALTIES INC
972
$1,375.00
503(b)(9)
11-11795
ATTN: SUSAN WARNER $1,375.00 $1,375.00
$0.00 503(b)(9) $1,375.00 UNS
3147 CALIFORNIA STREET NE #101
MINNEAPOLIS, MN 55418
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $36.87 UNS
82
NELCO INC.
1075
$36.87
503(b)(9)
11-11795
ATTN: DEBRA M ASP $36.87
1725 1ST AVE N, COMPLEX A $36.87
FARGO, ND 58102
Based on review of the supporting documentation filed with the claim, the claim is for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
Claimant Reason
83
$1,350.00 UNS
NORMAN, ROGER 1213 9TH ST $1,350.00 $1,350.00
1009
$1,350.00
PRI
11-11795
$0.00 PRI
ROCKFORD, IL 61104
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
84
NORTHERN PLAINS PLUMBING
244
$157.10
503(b)(9)
11-11795
$0.00 503(b)(9) $157.10 UNS
HEATING & AIR $157.10
ATTN: MARILYN J DOERR $157.10
2510 VERMONT AVE.
BISMARCK, ND 58504
Claimant Reason
85
$3,634.11 UNS
NW NATURAL ATTN: JEFFREY O'BANION $3,634.11 $3,634.11
846
$3,634.11
503(b)(9)
11-11801
$0.00 503(b)(9)
P.O. BOX 6017 PORTLAND, OR 97228-6017
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (natural gas). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $185.31 UNS
86
PAPER ROLL PRODUCTS
1015
$185.31
503(b)(9)
11-11795
ATTN: PATRICIA A. BOYD $185.31
245 MARIE AVE. $185.31
EAST #170
W. ST. PAUL, MN 55118
Based on review of the supporting documentation filed with the claim, the claim is for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $1,915.00 UNS $1,915.00
87 $1,200.00 $1,915.00 UNS
PEAK PRO-CLEAN LLC
1997
$715.00
503(b)(9)
11-11795
ATTN: BILL LARKIN
2910 N. POWERS BLVD #349
COLORADO SPRINGS, CO 80922
Claimant Reason
88
$41.33 UNS
PEC DIGITAL SOLUTIONS ATTN: DOROTHY PHELPS $41.33 $41.33
245
$41.33
503(b)(9) and PRI
11-11795
$0.00 503(b)(9) $0.00 PRI
1601 S. SUNKIST
SUITE B ANAHEIM, CA 92806
Based on review of supporting documentation filed with the claim, the claim is solely for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
89
PLAINFIELD CHARTER TOWNSHIP
530
$1,428.41
SEC
11-11795
ATTN: WARREN SMITH $1,428.41 $1,428.41
$0.00 SEC $1,428.41 UNS
PO BOX 2165
GRAND RAPIDS, MI 49501
Based on review of the supporting documentation filed with the claim, the claim is not entitled to secured status under the Bankruptcy Code or otherwise, as the Debtors do not own the underlying real property to which the utilities were provided. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $276.77 UNS
90
PLETSCHERS' GREENHOUSES, INC.
436
$276.77
503(b)(9)
11-11795
ATTN: BRIAN PLETSCHER $276.77
641 OLD HIGHWAY #8 - S.W. $276.77
NEW BRIGHTON, MN 55112
Based on review of supporting documentation filed with the claim, the claim is solely for goods not received within 20 days prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
Claimant Reason
91
$357.37 UNS
PREFERRED ELECTRIC, LLC ATTN: STACI HOLDEN $357.37 $357.37
921
$357.37
503(b)(9)
11-11801
$0.00 503(b)(9)
4405 W. SUNSET ROAD LAS VEGAS, NV 89118
92
PREMIER SALES ASSOCIATES, INC
1651
$5,292.69
PRI
11-11795
ATTN: MICHAEL P. CEOLLA $5,292.69 $5,292.99
$0.00 PRI $5,292.99 UNS
3945 SENATOR STREET
MEMPHIS, TN 38118
93
742
$130.94
503(b)(9)
11-11795
$0.00 503(b)(9)
$130.94 UNS
PRINTING SERVICES, INC. ATTN: TINA ZIEMAN $130.94
P.O. BOX 263 HWY 69 NORTH BELMOND, IA 50421
$130.94
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
Claimant Reason
94
$1,429.00 UNS
Q LABORATORIES INC ATTN: DAVID GOINS $1,429.00 $1,429.00
2046
$1,429.00
503(b)(9)
11-11795
$0.00 503(b)(9)
1400 HARRISON AVENUE CINCINNATI, OH 45214
95
SAN JOSE WATER CO. 53
609
$1,407.40
503(b)(9)
11-11795
ATTN: SANDRA L FREEMAN $1,407.40 $1,407.40
$0.00 503(b)(9) $1,407.40 UNS
110 W. TAYLOR ST.
SAN JOSE, CA 95110
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (water). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $34.71 UNS
96
SCHROEDER'S INC
2010
$34.71
503(b)(9)
11-11795
ATTN: PEGGY SCHROEDER $34.71
P.O. BOX 1642 $34.71
GREEN BAY, WI 54305-1642
Claimant Reason
97
$1,689.12 UNS
SHERIDAN MEDIA KROE/KZWY/KYTI/KWYO RADIO $1,689.12 $1,689.12
575
$703.80 $985.32
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
ATTN: JIM SCHELLINGER P.O. BOX 5086 SHERIDAN, WY 82801
98
SPEEDY ROOTER, INC.
361
$95.00
503(b)(9)
11-11795
$0.00 503(b)(9) $95.00 UNS
ATTN: MELODY GARDNER $95.00
2720 WHEELER AVE $95.00
COLORADO SPRINGS, CO 80904
99
STEAM KITCHEN
2018
$400.00
503(b)(9)
11-11801
ATTN: MUSTAFA SOYLEMEZ $400.00
833 DOVER DRIVE SUITE 26 $400.00
NEWPORT BEACH, CA 92663
Claimant Reason
291
$1,023.06 UNS
100 STERLING WATER INC. ATTN: AMY J SCHMITZ $1,023.06 $1,023.06
$1,023.06
503(b)(9)
11-11795
$0.00 503(b)(9)
1928 TRUAX BLVD. EAU CLAIRE, WI 54703-9613
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for goods not received within 20 prior to the Petition Date. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods sold to the Debtors and received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
101 STRATFORD SIGN COMPANY, LLC
1733
$460.00
503(b)(9)
11-11795
$0.00 503(b)(9) $460.00 UNS
ATTN: CARA D DREXLER $460.00
P.O. BOX 134 $460.00
STRATFORD, WI 54484
Based on review of the supporting documentation filed with the claim, the claim is for services provided by a third party that was not an employee of the Debtors, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $952.88 UNS $952.88
102 T D I REFRIGERATION $562.88 $952.88 UNS
1684
$390.00
503(b)(9)
11-11801
ATTN: MARIANNE SCOTT
13505 YORBA AVE. SUITE Z
CHINO, CA 91710
Claimant Reason
226
$108.00 UNS
103 THE SIGNAL ATTN: DEANA MATTERT $108.00 $108.00
$108.00
503(b)(9)
11-11801
$0.00 503(b)(9)
P.O. BOX 801870 SANTA CLARITA, CA 91380-1870
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is solely for pre-petition services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
104 THE WINDOW MAN
1154
$245.00
503(b)(9)
11-11795
$0.00 503(b)(9) $245.00 UNS
ATTN: GARY N MCCULLOUGH $245.00
P.O. BOX 203 $245.00
VALLEY CITY, ND 58072
105 THERMOWORKS INC ATTN: MADELEINE CLEMENTS $455.60
1021
$455.60
503(b)(9)
11-11795
$183.61 503(b)(9) $271.99 UNS $455.60
1762 W 20 S UNIT 100 LINDON, UT 84042
Based on review of the supporting documentation filed with the claim, $271.99 of this claim is supported by invoices for services and for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $271.99 of the claim must be reclassified to a general unsecured claim.
PERKINS & MARIE CALLENDER'S, INC., ET AL. CASE NO. 11-11795 (JOINTLY ADMINISTERED) OVERSTATED LEASE REJECTION DAMAGES CLAIMS
Claimant Reason
1502
$323,449.10 UNS
106 TOM, SEE S. AND ELAINE 352 SHORELINE HIGHWAY $1,740,413.05 $323,449.10
$1,740,413.05
SEC
00-00000
$0.00 SEC
MILL VALLEY, CA 94941
Section 502(b)(6) of the Bankruptcy Code limits claims for damages resulting from the rejection of a lease of real property to the rent reserved by the applicable lease, without acceleration, for the greater of (i) one year or (ii) 15% of the remaining term of the applicable lease (but not to exceed three years) from the Petition Date, plus any unpaid rent due under such lease, without acceleration, on the Petition Date. Therefore, pursuant to section 502(b)(6) of the Bankruptcy Code, the Debtors believe that the claim should be capped at $323,449.10 and reclassified to an unsecured claim.
107 TOP IT OFF IMPRINTS ATTN: JEFF IOZZI $155.15
352
$155.15
503(b)(9) and PRI
11-11795
$155.15 503(b)(9) $0.00 PRI

$0.00 UNS
P.O. BOX 858
PALM HARBOR, FL 34682
$155.15
Based on review of the supporting documentation filed with the claim, the claim is entitled to priority pursuant to section 503(b)(9) of the Bankruptcy Code as it is solely for goods received within 20 days prior to the Petition Date. It is not, however, entitled to priority under 507(a) of the Bankruptcy Code. Pursuant to the above, the entire claim should be classified as having priority pursuant to 503(b)(9) of the Bankruptcy Code. $0.00 503(b)(9)
$98.25 UNS
108 TRI CITY GLASS & DOOR ATTN: LINDA ZIEPKE $98.25
833
$98.25
503(b)(9)
11-11795
100 W NORTHLAND AVE APPLETON, WI 54911
$98.25
Claimant Reason
547
$160.00 UNS
109 UTILITY TECHNICIANS INC ATTN: KAREN S. PURVIS $160.00 $160.00
$160.00
503(b)(9)
11-11795
$0.00 503(b)(9)
630 GOODBAR AVE UMATILLA, FL 32784
110 VULCAN INFORMATION PACKAGING
813
$949.13
503(b)(9)
11-11795
$630.64 503(b)(9) $318.49 UNS
ATTN: LEVI MIXON $949.13
P.O. BOX 29 $949.13
VINCENT, AL 35178
Based on review of the supporting documentation filed with the claim, $318.49 of this claim is supported by invoices for goods not received within 20 days prior to the Petition Date, and pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $318.49 of the claim must be reclassified to a general unsecured claim. $0.00 503(b)(9) $4,887.50 UNS
111 WDIO-TV/WIRT-13
443
$4,887.50
503(b)(9)
11-11795
ATTN: PEGGY SCANDIN $4,887.50
P.O. BOX 16897 $4,887.50
DULUTH, MN 55816
No supporting documents were provided to support this claim. Based on review of the Debtors books and records, the claim is not entitled to priority under the Bankruptcy Code or otherwise, as the claim is for services provided by a third party that was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the claim must be reclassified to a general unsecured claim.
Claimant Reason
369
$4,287.61 UNS
112 WELLS PLUMBING COMPANY INC ATTN: HOWARD WELLS $4,287.61 $4,287.61
$4,287.61
503(b)(9)
11-11795
$0.00 503(b)(9)
211 S FIRST ST PONCA CITY, OK 74601-5235
Based on review of supporting documentation filed with the claim, the claim is solely for goods not received within 20 days prior to the Petition Date, and for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, the entire claim must be reclassified to a general unsecured claim.
113 WESTCO CHEMICALS INC. $20,782.11 $20,782.11 UNS
430
No Amt Given**
503(b)(9)
11-11801
$0.00 503(b)(9) $20,782.11 UNS $20,782.11
ATTN: MERRY ANDERSON
12551-61 SATICOY ST., SOUTH
NORTH HOLLYWOOD, CA 91605
781
$8,661.50
503(b)(9)
11-11795
$0.00 503(b)(9)
$8,661.50 UNS
114 WFTC TV ATTN: HOLLY LEGORRETA $8,661.50
4614 COLLECTIONS CENTER DRIVE CHICAGO, IL 60693
$8,661.50
Claimant Reason
437
$149.92 UNS
115 WHEELER HARDWARE CO. ATTN: LINDSAY RIGGS $149.92 $149.92
$149.92
503(b)(9)
11-11795
$0.00 503(b)(9)
2645 FAIRVIEW AVENUE NORTH ROSEVILLE, MN 55113
116 WILLIAMS PLUMBING & DRAIN
466
$229.15
503(b)(9)
11-11801
ATTN: JOHN WILLS $229.15 $229.15
$69.15 503(b)(9) $160.00 UNS
10321 E. 47TH PL
TULSA, OK 74146
Based on review of supporting documentation filed with the claim, the claim includes $160.00 owed for services provided by a third party which was not an employee of the Debtors. Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. As such, $160.00 of the claim must be reclassified to a general unsecured claim.
117 WISCONSIN BACKFLOW TESTING, LLC
253
$95.00
503(b)(9)
11-11795
ATTN: DANIEL D DRAHEIM $95.00
$0.00 503(b)(9) $95.00 UNS $95.00
N614 GREENDALE RD
HORTONVILLE, WI 54944
Claimant Reason
2147
$7,624.50 UNS
118 WJAC INC ATTN: JAMES N. DOLGAS SR $7,624.50 $7,624.50
$7,624.50
503(b)(9) and UNS
11-11795
$0.00 503(b)(9)
49 OLD HICKORY LANE JOHNSTOWN, PA 15905
119 WKBN
282
$8,381.00
503(b)(9)
11-11795
$0.00 503(b)(9) $8,381.00 UNS
ATTN: MARION M SWEELY $8,381.00
P.O. BOX 59 $8,381.00
YOUNGSTOWN, OH 44501
Claimant Reason
1519
$6,506.70 UNS
120 WRIGHT HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION C/O DEBT ACQUISITION GROUP ATTN: CRAIG ARI LOREN 250 PARK AVENUE $6,506.70 $6,506.70
$2,225.25 $4,281.45
503(b)(9) UNS
11-11795
$0.00 503(b)(9)
SUITE 7026 NEW YORK, NY 10177
Based on review of the supporting documentation filed with the claim, the claim is not entitled to priority status under the Bankruptcy Code or otherwise, as the claim is solely for utilities (water). Pursuant to section 503(b)(9) of the Bankruptcy Code, only goods received within the 20 days prior to the Petition Date are valid priority claims. To the extent the utilities are goods within the meaning of section 503(b)(9) of the Bankruptcy Code, the claimant has not satisfied its burden of proving the value of such goods received by the Debtors within the 20 days prior to the Petition Date. As such, the entire claim must be reclassified to a general unsecured claim.
$0.00 503(b)(9) $2,652.00 UNS
121 WYFX - TV
279
$2,652.00
503(b)(9)
11-11795
ATTN: MARION M SWEELY $2,652.00
P.O. BOX 59 $2,652.00
YOUNGSTOWN, OH 44501
Claimant Reason
278
$1,105.00 UNS
122 WYTV BROADCASTING OF YOUNGSTOWN LLC $1,105.00 $1,105.00
$1,105.00
503(b)(9)
11-11795
$0.00 503(b)(9)
ATTN: MARION M SWEELY P.O. BOX 59 YOUNGSTOWN, OH 44501
123 YEAGER MECHANICAL
415
$529.65
503(b)(9)
11-11795
$0.00 503(b)(9) $529.65 UNS
ATTN: JESSICA MEYER $529.65
2570 W 12TH ST. N. $529.65
NEWTON, IA 50208
Claimant Reason
201112201748
Debtor Case Number Legend 11-11795 (795) PERKINS & MARIE CALLENDERS INC. 11-11796 (796) PERKINS & MARIE CALLENDER'S HOLDING INC. 11-11797 (797) PERKINS & MARIE CALLENDER'S REALTY LLC
11-11798 (798)
PERKINS FINANCE CORP.
11-11799 (799) 11-11800 (800)
WILSHIRE RESTAURANT GROUP LLC PMCI PROMOTIONS LLC
11-11801 (801)
MARIE CALLENDER PIE SHOPS, INC.
11-11802 (802) 11-11803 (803)
MARIE CALLENDER WHOLESALERS, INC. MACAL INVESTORS, INC.
11-11804 (804)
MCID, INC.
11-11805 (805) 11-11806 (806)
WILSHIRE BEVERAGE, INC. FIV CORP.
00-00000 (000)
NO DEBTOR AND CASE GIVEN
Claim Class Code Legend UNS Unsecured Claim
PRI Priority Claim SEC Secured Claim 503(b)(9) 503(b)(9) Claim
ADM
Administrative Claim
Page 45 of 45
EXHIBIT 2 Blackline
01: 11683165.1
070242.1001
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDERS INC.,1 et al., Chapter 11 Case No. 11-11795 (KG) Jointly Administered Debtors. Ref. Docket NoNos. 1356 and ______
ORDER SUSTAINING, IN PART, DEBTORS FOURTH (4TH) OMNIBUS (SUBSTANTIVE) OBJECTION TO CLAIMS PURSUANT TO SECTION 502(b) OF THE BANKRUPTCY CODE, BANKRUPTCY RULES 3003 AND 3007 AND LOCAL RULE 3007-1 Upon consideration of the Fourth (4th) Omnibus (Substantive) Objection to Claims Pursuant to Section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and 3007 and Local Rule 3007-1 (the Objection)2 of the above-captioned debtors and
debtors-in-possession (collectively, the Debtors) for the entry of an order, pursuant to section 502(b) of title 11 of the United States Code, 11 U.S.C. 101 et seq. (the Bankruptcy Code), Rules 3003 and 3007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), and Rule 3007-1 of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware (the Local Rules), reclassifying, in full or in part, as appropriate, each of the Disputed Claims identified on Exhibit A attached hereto; and it appearing that due and sufficient notice of the Objection has been given under the circumstances; and after due deliberation and upon the Courts determination that the relief requested in the Objection is in the best interests of the Debtors, their estates and creditors and other parties in
1
The Debtors, together with the last four digits of each Debtors federal tax identification number, are: Perkins & Marie Callenders Inc. (4388); Perkins & Marie Callenders Holding Inc. (3999); Perkins & Marie Callenders Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119. 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Objection.
01: 11493772.211493772.3
070242.1001
interest; and sufficient cause appearing for the relief requested in the Objection, it is hereby ORDERED, ADJUDGED AND DECREED that: 1. The Objection is sustained to the extent provided for herein and on Exhibit A
attached hereto. 2. Pursuant to section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3003 and
3007 and Local Rule 3007-1, the Reclassified Claims identified on Exhibit A attached hereto are hereby reclassified to the priority levels indicated in the column titled Modified Claim Amount/Classification on Exhibit A attached hereto. 3. The Objection shall be deemed to be withdrawn without prejudice solely as it
pertains to Claim Number 2106 of Claims Recovery Group LLC as assignee of Southeastern. 4. 3. Any and all rights of the Debtors and their estates to amend, supplement or
otherwise modify the Objection and to file additional objections to any and all claims filed in these Chapter 11 Cases, including, without limitation, any and all of the Disputed Claims, shall be reserved. Any and all rights, claims and defenses of the Debtors and their estates with respect to any and all of the Disputed Claims shall be reserved, and nothing included in or omitted from the Objection shall impair, prejudice, waive or otherwise affect any such rights, claims and defenses. 5. 4. This Court shall retain jurisdiction over any and all affected parties with respect
to any and all matters, claims or rights arising from or related to the implementation or interpretation of this Order. Dated: Wilmington, Delaware December ____, 2011
____________________________________ Kevin Gross Chief United States Bankruptcy Judge
2
01: 11493772.211493772.3 070242.1001
EXHIBIT A Reclassified Claims
01: 11493772.211493772.3
070242.1001

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDERS INC.

,1 et al., Chapter 11 Case No. 11-11795 (KG) Jointly Administered Debtors.

EXHIBIT 1 Revised Proposed Order

____________________________________ Kevin Gross Chief United States Bankruptcy Judge 2

EXHIBIT A Reclassified Claims

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

A & I TRAVEL SERVICE INC.

ATTN: KEITH STEVENS

5124 POPLAR AVE STE 101

A BRIGHTER IMAGE INC ATTN: KATHLEEN DUCHENE $382.48 $382.48

1424 OAKWOOD DRIVE ANOKA, MN 55303

ATTN: KEVIN KREUTZER $817.87

620 THIRD AVE. $817.87

CHULA VISTA, CA 91910

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

AAA SEPTIC SERVICE ATTN: JERRY LANSING $160.00 $160.00

P.O. BOX 1284 MARSHALLTOWN, IA 50158

AABLE SAFETY CLEAN

$0.00 503(b)(9) $454.43 UNS

ATTN: DAVID W HARRIS $454.43

P.O. BOX 3400 $454.43

ACTION DRAIN & ROOTER SERVICE

ATTN: TAMRA L WINSTON $70.66

P.O. BOX 18718 $70.66

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

ACTION RENT-ALL & PARTYTIME ATTN: BOB CRISWELL $201.50 $201.50

503(b)(9) and UNS

4340 FRANKLIN BLVD EUGENE, OR 97403

ADAM'S PEST CONTROL INC.-HAMEL ATTN: ANDREA GUY $112.69 $112.69

922 HWY 55 SUITE 100 P.O. BOX 233 HAMEL, MN 55340-0233

ADMIRAL LINEN & UNIFORM

ATTN: EDDIE KONVICKA $3,381.39

2030 KIPLING $3,381.39

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

ALSCO ATTN: DONALD MATHEWS $26,165.58 $26,165.58

AMERICAN FLAG & FLAGPOLE

$0.00 503(b)(9) $158.41 UNS

ATTN: JEFF GAITHER $158.41

P.O. BOX 341163 $158.41

AMERICAN JETTING SERVICES

ATTN: MIKE KRAFT $295.00

$0.00 503(b)(9) $295.00 UNS $295.00

P.O. BOX 3674

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification

ANDERSON CLEANERS ATTN: ROSEMARY FERIANCEK $201.33 $201.33

416 SOUTH 8TH STREET BRAINERD, MN 56401

APEX CARPET & UPHOLSTERY

ATTN: JOHN C. ANDERSON $395.81

503(b)(9) and PRI

$0.00 503(b)(9) $0.00 PRI $395.81 UNS $395.81

3408 BRIARCREST DR.

EAU CLAIRE, WI 54701

ASAP SEPTIC PUMPING LLC

ATTN: PAT SHRAMEK $95.00

N 9404 STATE HWY. 95 $95.00

ALAM CENTER, WI 54611

Claim Number Claim Amount/ Classification* Filed In Case(s)*

Modified Claim Amount/ Classification