HTML Document View

Full title: Order Sustaining Plan Administrators Second (Substantive) Omnibus Objection To Claims Pursuant To Section 502 Of The Bankruptcy Code, Bankruptcy Rule 3007 And Local Rule 3007-1 (related document(s)669) Order Signed on 7/16/2021. (Attachments: # 1 Schedule 1) (CMB) (Entered: 07/16/2021)

Document posted on Jul 15, 2021 in the bankruptcy, 2 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Omnibus Objection to Claims Pursuant to Section 502 of the Bankruptcy Code, Bankruptcy Rule 3007 and Local Rule 3007-1 (the “Objection”)2 and the Hurwitz Declaration; and it appearing that this Court has jurisdiction to consider the Objection pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware dated as of February 29, 2012; and it appearing that venue of this chapter 11 case and the Objection in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and it appearing that this matter is a core proceeding pursuant to 28 U.S.C. § 157(b); and it appearing that notice of the Objection was good and sufficient upon the particular circumstances and that no other or further notice need be given; and upon the record herein; and after due deliberation thereon and good and sufficient cause appearing therefor; it is hereby ORDERED, ADJUDGED, AND DECREED THAT: 1. Subject to further objection by the Debtor and its estate, the Disputed Claims identified on Schedule 1 to the Order are hereby reclassified to the priority levels indicated in the column titled “Reclassified Claim Class” on Schedule 1 to the Order.Any stay of this Order pending appeal by any of the claimants subject to this Order shall only apply to the contested matter which involves such claimant and shall not act to stay the applicability and/or finality of this Order with respect to the other contested matters covered hereby.Any and all rights, claims and defenses of the Debtor and its estate with respect to any and all of the Disputed Claims shall be reserved, and nothing included in or omitted from the Objection is intended or shall be deemed to impair, prejudice, waive or otherwise affect any rights, claims, or defenses of the Debtor and/or its estate with respect to the Disputed Claims.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: July 16th, 2021 LAURIE SELBER SILVERSTEIN

List of Tables

Document Contents

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------------------------x : In re : Chapter 11 : ALPHA ENTERTAINMENT LLC, : Case No. 20-10940 (LSS) : Debtor.1 : : Ref. Docket No. 669 ---------------------------------------------------------x ORDER SUSTAINING PLAN ADMINISTRATOR’S SECOND (SUBSTANTIVE) OMNIBUS OBJECTION TO CLAIMS PURSUANT TO SECTION 502 OF THE BANKRUPTCY CODE, BANKRUPTCY RULE 3007 AND LOCAL RULE 3007-1 Upon consideration of the Plan Administrator’s Second (Substantive) Omnibus Objection to Claims Pursuant to Section 502 of the Bankruptcy Code, Bankruptcy Rule 3007 and Local Rule 3007-1 (the “Objection”)2 and the Hurwitz Declaration; and it appearing that this Court has jurisdiction to consider the Objection pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware dated as of February 29, 2012; and it appearing that venue of this chapter 11 case and the Objection in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and it appearing that this matter is a core proceeding pursuant to 28 U.S.C. § 157(b); and it appearing that notice of the Objection was good and sufficient upon the particular circumstances and that no other or further notice need be given; and upon the record herein; and after due deliberation thereon and good and sufficient cause appearing therefor; it is hereby ORDERED, ADJUDGED, AND DECREED THAT: 1. The Objection is SUSTAINED, as set forth herein. 1 The last four digits of the Debtor’s federal tax identification number are 7778. The Debtor’s mailing address is c/o Peter Hurwitz, Plan Administrator, 40 Half Moon Lane, Irvington, NY 10533. 2 Capitalized terms used but not otherwise defined herein shall have the same meaning ascribed to it in the Objection.

1

2. Subject to further objection by the Debtor and its estate, the Disputed Claims identified on Schedule 1 to the Order are hereby reclassified to the priority levels indicated in the column titled “Reclassified Claim Class” on Schedule 1 to the Order. 3. The Plan Administrator’s objection to each Disputed Claim addressed in the Objection constitutes a separate contested matter as contemplated by Bankruptcy Rule 9014. This Order shall be deemed a separate Order with respect to each claim. Any stay of this Order pending appeal by any of the claimants subject to this Order shall only apply to the contested matter which involves such claimant and shall not act to stay the applicability and/or finality of this Order with respect to the other contested matters covered hereby. 4. Any and all rights of the Plan Administrator and its estate to amend, supplement or otherwise modify the Objection and to file additional objections to any and all claims filed in this Chapter 11 Case, including, without limitation, any and all of the Disputed Claims, shall be reserved. Any and all rights, claims and defenses of the Debtor and its estate with respect to any and all of the Disputed Claims shall be reserved, and nothing included in or omitted from the Objection is intended or shall be deemed to impair, prejudice, waive or otherwise affect any rights, claims, or defenses of the Debtor and/or its estate with respect to the Disputed Claims. 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: July 16th, 2021 LAURIE SELBER SILVERSTEIN

2