HTML Document View

Full title: Notice of Bar Date Notice of Deadline For Filing Proofs of Claim, Including 503(b)(9) Claims. Filed by Adara Enterprises Corp.. Proofs of Claims due by 6/4/2021. (Gellert, Ronald) (Entered: 05/03/2021)

Document posted on May 2, 2021 in the bankruptcy, 5 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

General Bar Date: June 4, 2021 at 4:00 p.m. (PT) as the “General Bar Date” and deadline for all persons or entities, other than Governmental Units (as defined in section 101(27) of the Bankruptcy Code), to file proofs of claim (each, a “Proof of Claim”) based on claims against the Debtor that arose prior to the Petition Date, including claims arising under an alleged indemnity obligation of the Debtor, and claims for the value of goods sold to the Debtor in the ordinary course of business and received by the Debtor within twenty (20) days before the Petition Date (each, a “503(b)(9) Claim”) that remain unpaid; and (b) Acts or omissions of the Debtor that arose prior to the Petition Date may give rise to claims against the Debtor that must be filed by the applicable Bar Dates, notwithstanding that such claims may not have matured or become fixed or liquidated as of the Petition Date.Any holder of an equity interest in the Debtor with respect to the ownership of such equity interest; provided, however, that any holder of an equity interest wishing to assert a claim against the Debtor other than with respect to ownership of such equity interest, including, but not limited to, a claim relating to the purchase or sale of such interest or rescission under section 510 of the Bankruptcy Code, must submit a 2 proof of claim on or before the applicable Bar Date pursuant to the procedures set forth herein; (g) Any holder of a claim allowable under sections 503(b) and 507(a)(2) of the Bankruptcy Code as an expense of administration of the Debtors’ estate, except for a holder of a claim arising under section 503(b)(9) of the Bankruptcy Code, which must be asserted by filing a proof of claim on or prior to the applicable Bar Date; and (h) Except as described in Section II above, as applicable, any holder of a claim against the Debtor who received notice of the Bar Dates (whether such notice was actually or constructively received) and is required, but fails, to file a Proof of Claim in accordance with the Bar Date Order and this Bar Date Notice on or before the applicable Bar Date, may not be treated as a creditor for purposes of voting or distribution of property from the Debtor or its successors or assigns with respect to such claim.

List of Tables

Document Contents

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 ADARA ENTERPRISES CORP.,1 Case No. 21-10736 (JKS) Debtor. Re: D.I. 55 NOTICE OF DEADLINE FOR FILING PROOFS OF CLAIM, INCLUDING 503(b)(9) CLAIMS PLEASE TAKE NOTICE that, on April 22, 2021 (the “Petition Date”), Adara Enterprises Corp. (the “Debtor”) in the above-captioned chapter 11 case filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). PLEASE TAKE FURTHER NOTICE that, on May 3, 2021, the United States Bankruptcy Court for the District of Delaware (the “Court”) entered an order [D.I. 55] (the “Bar Date Order”) establishing: (a) General Bar Date: June 4, 2021 at 4:00 p.m. (PT) as the “General Bar Date” and deadline for all persons or entities, other than Governmental Units (as defined in section 101(27) of the Bankruptcy Code), to file proofs of claim (each, a “Proof of Claim”) based on claims against the Debtor that arose prior to the Petition Date, including claims arising under an alleged indemnity obligation of the Debtor, and claims for the value of goods sold to the Debtor in the ordinary course of business and received by the Debtor within twenty (20) days before the Petition Date (each, a “503(b)(9) Claim”) that remain unpaid; and (b) Governmental Bar Date: October 19, 2021 at 4:00 p.m. (PT) as the “Governmental Bar Date” and deadline for all Governmental Units to file Proofs of Claim against the Debtor based on claims against the Debtor that arose prior to the Petition Date that remain unpaid; You should consult an attorney if you have any questions, including whether to file a Proof of Claim. If you have any questions with respect to this notice, you may contact the Debtor’s claims and noticing agent, Donlin Recano & Company, Inc. (“DRC”) at 1-866-406-2286 or visit DRC’s website at https://www.donlinrecano.com/aec. DRC is not permitted to provide legal advice. 1 The last four digits of the Debtor’s federal tax identification number are 8502. The Debtor’s address is 411 E 57th Street Suite 1-A, New York, New York 10022.

1

I. WHO MUST FILE A PROOF OF CLAIM You MUST file a Proof of Claim if you have a claim that arose prior to the Petition Date, including a claim arising under an alleged indemnity obligation of the Debtor, and it is not a claim described in Section II below. Acts or omissions of the Debtor that arose prior to the Petition Date may give rise to claims against the Debtor that must be filed by the applicable Bar Dates, notwithstanding that such claims may not have matured or become fixed or liquidated as of the Petition Date. Pursuant to section 101(5) of the Bankruptcy Code and as used herein, the word “claim” means: (a) a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (b) a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured. Proofs of Claim will be deemed timely filed only if they are actually received by DRC on or before the applicable Bar Date. Proofs of Claim submitted by facsimile or e-mail will not be accepted. II. WHO DOES NOT NEED TO FILE A PROOF OF CLAIM (a) Any person or entity that has already properly filed a Proof of Claim against the Debtor with DRC or the Clerk of the United States Bankruptcy Court for the District of Delaware, in a form substantially similar to Official Form 410; (b) Any person or entity whose claim is listed on the Debtor’s Schedules D or E/F, and (i) the claim is not described as “disputed,” “contingent,” or “unliquidated,” and (ii) such person or entity agrees with the amount, nature, and priority of the claim set forth in the Debtor’s Schedules; (c) Any person or entity whose claim has been allowed by an order of the Court entered on or before the applicable Bar Date; (d) Any person or entity whose claim has been paid or otherwise satisfied in full by the Debtor or any other party prior to the applicable Bar Date; (e) Any holder of a claim for which the Court has already fixed a specific deadline to file a Proof of Claim; (f) Any holder of an equity interest in the Debtor with respect to the ownership of such equity interest; provided, however, that any holder of an equity interest wishing to assert a claim against the Debtor other than with respect to ownership of such equity interest, including, but not limited to, a claim relating to the purchase or sale of such interest or rescission under section 510 of the Bankruptcy Code, must submit a 2

2

proof of claim on or before the applicable Bar Date pursuant to the procedures set forth herein; (g) Any holder of a claim allowable under sections 503(b) and 507(a)(2) of the Bankruptcy Code as an expense of administration of the Debtors’ estate, except for a holder of a claim arising under section 503(b)(9) of the Bankruptcy Code, which must be asserted by filing a proof of claim on or prior to the applicable Bar Date; and (h) Any person or entity holding a claim payable to the Court or the United States Trustee Program pursuant to 28 U.S.C. § 1930. You should not file a Proof of Claim if you do not have a claim against the Debtor. The fact that you have received this Bar Date Notice does not mean that you have a claim or that the Debtor or the Bankruptcy Court believes that you have a claim. III. HOW TO FILE A PROOF OF CLAIM Enclosed herewith as an exhibit is a Proof of Claim Form, in a form substantially similar to Official Form 4102. (a) All Proofs of Claim must be actually received on or before the applicable Bar Date associated with such claim by DRC. All Proofs of Claim must be filed electronically at https://www.donlinrecano.com/clients/aec/fileclaim, or sent to DRC by U.S. Mail or other hand delivery system, addressed to: If by First-Class Mail If by Hand Delivery or Overnight Mail Donlin, Recano & Company, Inc. Donlin, Recano & Company, Inc. Re: Adara Enterprises Corp. Re: Adara Enterprises Corp. P.O. Box 199043 6201 15th Avenue Blythebourne Station Brooklyn, NY 11219 Brooklyn, NY 11219 (b) Proofs of Claim will be deemed timely filed only if they are actually received by DRC on or before the applicable Bar Date. Proofs of Claim submitted by facsimile or e-mail will not be accepted; (c) Proofs of Claim must: (i) be in writing and signed by the claimant, or, if the claimant is not an individual, by an authorized agent of the claimant; (ii) include supporting documentation or, if voluminous, a summary of the supporting documents and an explanation as to why documentation is not available and where such supporting 2 Additional copies of Official Form 410 may be obtained at https://www.donlinrecano.com/aec. 3

3

documentation may be obtained; (iii) be in the English language; and (iv) be denominated in United States currency (USD); (d) In addition to the foregoing, 503(b)(9) Claims must also: (i) include the value of the goods delivered to and received by the Debtor within twenty (20) days prior to the Petition Date; (ii) attach any documentation identifying the particular invoice(s) corresponding to the asserted 503(b)(9) Claim and delivery address; and (iii) attach documentation evidencing the delivery of the goods delivered to and received by the Debtor within twenty (20) days prior to the Petition Date; (e) Each Proof of Claim must specify, by name, the Debtor against which the claim is asserted; and (f) Any person or entity that files a Proof of Claim by mail and wishes to receive a date-stamped copy by return mail should include an additional copy of the Proof of Claim and a self-addressed, postage-paid envelope. IV. CONSEQUENCES FOR FAILURE TO FILE A PROOF OF CLAIM BY THE APPLICABLE BAR DATE Except as described in Section II above, as applicable, any holder of a claim against the Debtor who received notice of the Bar Dates (whether such notice was actually or constructively received) and is required, but fails, to file a Proof of Claim in accordance with the Bar Date Order and this Bar Date Notice on or before the applicable Bar Date, may not be treated as a creditor for purposes of voting or distribution of property from the Debtor or its successors or assigns with respect to such claim. V. THE DEBTOR’S SCHEDULES AND ACCESS THERETO You may be listed in the Debtor’s schedules of assets and liabilities (collectively, the “Schedules”). Interested parties may examine copies of the Schedules at https://www.donlinrecano.com/aec. [Remainder of Page Intentionally Left Blank] 4

4

If you rely on the Debtor’s Schedules, it is your responsibility to determine that your claim is accurately listed in the Schedules. As set forth above, if you agree with the nature, amount, and status of your claim as listed in the Debtor’s Schedules, and if your claim is not described as “disputed,” “contingent,” or “unliquidated,” you need not file a Proof of Claim. Otherwise, or if you decide to file a Proof of Claim, you must do so before the applicable Bar Date, in accordance with the procedures set forth in this Bar Date Notice. Dated: May 3, 2021 Wilmington, Delaware Respectfully submitted, GELLERT SCALI BUSENKELL & BROWN LLC /s/ Ronald S. Gellert Ronald S. Gellert (DE 4259) 1201 N. Orange Street, Suite 300 Wilmington, Delaware 19801 Telephone: (302) 425-5800 Facsimile: (302) 425-5814 Email: rgellert@gsbblaw.com – and – LOEB & LOEB LLP Daniel B. Besikof (admitted pro hac vice) Bethany D. Simmons (admitted pro hac vice) 345 Park Avenue New York, New York 10154 Telephone: (212) 407-4000 Facsimile: (646) 417-6335 Email: dbesikof@loeb.com; bsimmons@loeb.com Proposed Counsel to the Debtor and Debtor in Possession 5

5