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In re Metro Affiliates, Inc., Case No. 13-13591 (Jointly Administered)
United States Bankruptcy Court, Southern District of New York (http://www.nysb.uscourts.gov)
On November 4, 2013 each of the forty Debtors (the "Debtors") filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code (the "Bankruptcy Code"). The forty cases (collectively the "Bankruptcy Cases") are jointly administered under Case No. 13-13591 before the Honorable Sean H. Lane in the United States Bankruptcy Court for the Southern District of New York.
On June 11, 2014, the Court entered its Findings of Fact, Conclusions of Law, and Order Confirming the First Amended Joint Chapter 11 Plan of Liquidation for Metro Affiliates, Inc. and its Affiliated Debtors Proposed by the Debtors and the Official Committee of Unsecured Creditors. The Effective Date of the Plan occurred on June 30, 2014.
Pursuant to the Bankruptcy Code (specifically including, but not limited to, 11 U.S.C. § 362), a debtor is afforded certain protection against its creditors; the Bankruptcy Code prohibits creditors from taking certain actions related to debts that may have been owing prior to the commencement of the Bankruptcy Cases. If you believe that you might be a creditor of the Debtors based upon debts arising prior to November 4, 2013 and you are considering taking action based upon your status as a creditor, you may wish to seek legal advice. The staff of the Clerk of the Bankruptcy Court and the staff of Kurtzman Carson Consultants LLC are not permitted to give legal advice.
On November 22, 2013, the Court entered an Order approving the bid procedures and setting a date for the Sale Hearing. Please click here for a copy of the Notice of (I) Proposed Sale of the Debtors' Assets Free and Clear of All Liens, Claims and Encumbrances, (II) Bid Procedures, (III) Auction, and (IV) Sale Hearing.
Please click here for a copy of the Second Notice of Filing Amended Schedule A to Notice of Proposed Assumption, Assignment and Cure Amount with Respect to Executory Contracts and Unexpired Leases Related to the Sale of Debtors' Assets.
Please click here to view the Notice to Parties that Filed Cure Objections.
Please click here for a list of Selected Contracts.
Although the executory contracts and unexpired leases listed herein are Selected Contracts that are slated to be assumed by the Debtors and assigned to Successful Bidders (or Back-up Bidders, as the case may be), the Successful Bids remain subject to (a) approval by the restructuring committee of the Debtors’ board of directors, (b) the consultation and/or approval rights of the Debtors’ debtor-in-possession lender and the official committee of unsecured creditors and (c) Court approval.
Please click here for the Designated Contracts Lists.
These lists of Designated Contracts were provided by bidders participating in the Debtor’s sale transaction, and are being posted to the Debtors’ website in compliance with the Bid Procedures Order. The posting of these Designated Contract lists does not, however, indicate that the Debtors have determined that any bidder referenced in these Designated Contracts lists is a Qualified Bidder under the Bid Procedures approved by the Bankruptcy Court. The Debtors reserve all rights to make such a determination in accordance with the Bid Procedures.
The meeting of creditors pursuant to section 341 of the Bankruptcy Code (the "Meeting of Creditors") occurred on February 27, 2014 at 2:00 p.m. (Prevailing Eastern Time) at the address below:
Office of the United States Trustee
80 Broad Street
New York, NY 10014
Rule 9001(5) of the Federal Rules of Bankruptcy Procedure requires that a representative of the Debtors appear at the Meeting of Creditors for the purpose of being examined under oath by a representative of the Office of the United States Trustee and by any interested parties that attend the meeting. Creditors are welcome, but not required, to attend the meeting. The Meeting of Creditors may be continued or adjourned by notice at the meeting, without further written notice to creditors.
United States Bankruptcy Court
Southern District of New York
One Bowling Green
New York, NY 10004
T: (212) 668-2870 http://www.nysb.uscourts.gov
Metro Affiliates Claims Processing Center
2335 Alaska Avenue
El Segundo, CA 90245
Please file proof(s) of claim, if any, via U.S. mail or other hand-delivery system. Facsimile and other electronic delivery methods are not acceptable. You must file an originally executed proof of claim. If you would like a copy of your claim returned to you as proof of receipt, please enclose an additional copy and a self-addressed postage-paid envelope.
Lisa G. Beckerman, Esq.
Rachel Ehrlich Albanese, Esq.
Akin Gump Strauss Hauer & Feld
One Bryant Park
New York, NY 10036
T: (212) 872-1000
F: (212) 872-1002 http://www.akingump.com
Scott L. Alberino, Esq.
Akin Gump Strauss Hauer & Feld
1333 New Hampshire Ave., NW
Washington, DC 20036
T: (202) 887-4000
F: (202) 887-4288 http://www.akingump.com
U.S. Federal Office Building
201 Varick Street, Suite 1006
New York, NY 10014
T: (212) 510-0500
F: (212) 668-2255 http://www.usdoj.gov/ust/r02
Kurtzman Carson Consultants LLC ("KCC") maintains this website at the direction of Akin Gump Strauss Hauer & Feld, counsel to the Debtors. KCC maintains this website for the public's convenience and, while KCC makes every attempt to assure the accuracy of the information contained herein, this website is not the website of the United States Bankruptcy Court and does not contain the complete, official record of the Bankruptcy Court. All documents filed with the Court are available for inspection at the Clerk of the Bankruptcy Court, Southern District of New York.