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Full title: Response - Shoppas Material Handling's Response to Notice of Wind-Down Administrator's Third (3rd) Omnibus (Non-Substantive) Objection to Claims and Fifth (5th) Omnibus (Substantive) Objection to Claims Pursuant to Section 502 of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rule 3007-1 (related document(s)1506, 1508) Filed by Shoppas Material Handling (Attachments: # 1 Exhibit A # 2 Certificate of Service) (Busenkell, Michael) (Entered: 05/11/2021)

Document posted on May 10, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Objection to Claims [Docket # 1508, filed on April 27, 2021] Pursuant to Section 502 of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rule 3007-1, which objects to Shoppas’ Administrative Claim in the amount of $22,666.98 against Debtor entities Borden Dairy Company, Borden Dairy Company of Kentucky, LLC, Borden Dairy Company of Texas, LLC, and NDH Transport, LLC, and respectfully states as follows: 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, are: Borden Dairy Company (1509); Borden Dairy Holdings, LLC (8504); National Dairy, LLC (9109); Borden Dairy Company of Alabama, LLC (5598); Borden Dairy Company of Cincinnati, LLC (1334); Borden Transport Company of Cincinnati, LLC (3462); Borden Dairy Company of Florida, LLC (5168); Borden Dairy Company of Kentucky, LLC (7392); Borden Dairy Company of Louisiana, LLC (4109); Borden Dairy Company of Madisonville, LLC (7310); Borden Dairy Company of Ohio, LLC (2720); Borden Transport Company of Ohio, LLC (7837); Borden Dairy Company of South Carolina, LLC (0963); Borden Dairy Company of Texas, LLC (5060); Claims Adjusting Services, LLC (9109); Georgia Soft Serve Delights, LLC (9109); NDH Transport, LLC (7480); and RGC, LLC (0314).Request for Payment of Administrative Expense Claim against Debtor entities Borden Dairy Company, Borden Dairy Company of Kentucky, LLC, Borden Dairy Company of Texas, LLC, and NDH Transport, LLC (collectively, the “Debtors”), in the amount of $22,666.98 for post-petition services and goods provided to Debtors. Although Shoppas filed one Shoppas Administrative Claim with Debtors’ claims agent, Donlin Recano & Co., Inc., it appears that the claims agent has assigned multiple claim numbers to the Shoppas Administrative Claim, namely claim number 60003 and claim number 70100.Omnibus (Non-Substantive) Objection to Claims [Docket # 1506 filed on April 27, 2021] (the “Third Omnibus Objection”) objects to Shoppas’ administrative claim of $22,666.98 that was assigned claim number 60003 on the basis that it is duplicative of Shoppas’ administrative claim of $22,666.98 that was assigned claim number 70100.However, Shoppas is entitled to have at least one valid, non-duplicative administrative claim of $22,666.98 asserted against each of the Debtors, as the Third and Fifth Omnibus Objections rely solely on the duplicative claim numbers as the basis for the objection as to Shoppas.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN RE: ) ) Chapter 11 BORDEN DAIRY COMPANY, et al., ) ) Case Number 20-10010 (CSS) ) Debtors.1 ) RE: D.I. 1506 & D.I. 1508 ) SHOPPAS MATERIAL HANDLING’S RESPONSE TO NOTICE OF WIND-DOWN ADMINISTRATOR’S THIRD (3RD) OMNIBUS (NON-SUBSTANTIVE) OBJECTION TO CLAIMS AND FIFTH (5TH) OMNIBUS (SUBSTANTIVE) OBJECTION TO CLAIMS PURSUANT TO SECTION 502 OF THE BANKRUPTCY CODE, BANKRUPTCY RULE 3007, AND LOCAL RULE 3007-1 COMES NOW Shoppas Material Handling (“Shoppas”), by and through its counsel, and respectfully files this its Response to Notice of Wind-Down Administrator’s Third (3rd) Omnibus (Non-Substantive) Objection to Claims [Docket # 1506 filed on April 27, 2021] and Fifth (5th) Omnibus (Substantive) Objection to Claims [Docket # 1508, filed on April 27, 2021] Pursuant to Section 502 of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rule 3007-1, which objects to Shoppas’ Administrative Claim in the amount of $22,666.98 against Debtor entities Borden Dairy Company, Borden Dairy Company of Kentucky, LLC, Borden Dairy Company of Texas, LLC, and NDH Transport, LLC, and respectfully states as follows: 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, are: Borden Dairy Company (1509); Borden Dairy Holdings, LLC (8504); National Dairy, LLC (9109); Borden Dairy Company of Alabama, LLC (5598); Borden Dairy Company of Cincinnati, LLC (1334); Borden Transport Company of Cincinnati, LLC (3462); Borden Dairy Company of Florida, LLC (5168); Borden Dairy Company of Kentucky, LLC (7392); Borden Dairy Company of Louisiana, LLC (4109); Borden Dairy Company of Madisonville, LLC (7310); Borden Dairy Company of Ohio, LLC (2720); Borden Transport Company of Ohio, LLC (7837); Borden Dairy Company of South Carolina, LLC (0963); Borden Dairy Company of Texas, LLC (5060); Claims Adjusting Services, LLC (9109); Georgia Soft Serve Delights, LLC (9109); NDH Transport, LLC (7480); and RGC, LLC (0314). The location of the Debtors’ service address is: 8750 North Central Expressway, Suite 400, Dallas, TX 75231.

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I. RESPONSE TO OMNIBUS OBJECTIONS TO ADMINISTRATIVE CLAIMS PERTAINING TO SHOPPAS 1. On September 4, 2020, Shoppas timely filed a Request for Payment of Administrative Expense Claim against Debtor entities Borden Dairy Company, Borden Dairy Company of Kentucky, LLC, Borden Dairy Company of Texas, LLC, and NDH Transport, LLC (collectively, the “Debtors”), in the amount of $22,666.98 for post-petition services and goods provided to Debtors. A true and correct copy of the file-marked Request for Payment of Administrative Expenses Claim filed with Donlin Recano & Co, Inc. on September 4, 2020 (the “Shoppas Administrative Claim”), is attached hereto as Exhibit “A.” 2. Attached to the Shoppas Administrative Claim are the invoices, purchase orders, and work orders that reflect goods and/or services provided by Shoppas to Debtors subsequent to the bankruptcy filing date of January 5, 2020 (the “Petition Date”). Currently, those post-petition amounts have not been paid or satisfied by the Debtors. Although Shoppas filed one Shoppas Administrative Claim with Debtors’ claims agent, Donlin Recano & Co., Inc., it appears that the claims agent has assigned multiple claim numbers to the Shoppas Administrative Claim, namely claim number 60003 and claim number 70100. 3. The Notice of Wind-Down Administrator’s Third (3rd) Omnibus (Non-Substantive) Objection to Claims [Docket # 1506 filed on April 27, 2021] (the “Third Omnibus Objection”) objects to Shoppas’ administrative claim of $22,666.98 that was assigned claim number 60003 on the basis that it is duplicative of Shoppas’ administrative claim of $22,666.98 that was assigned claim number 70100. The Third Omnibus Objection contemplates that Shoppas’ administrative claim assigned claim number 70100 will be among the “surviving claims.” However, the Notice of Wind-Down Administrator’s Fifth (5th) Omnibus (Substantive) Objection to Claims [Docket # 1508, filed on April 27, 2021] objects to claim number 70100 on

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the basis that the “claim asserts amounts that were previously asserted in claim 60003.” Thus, the Third Omnibus Objection and Fifth Omnibus Objection work in tandem to eliminate all of Shoppas administrative claims, asserting each claim is duplicative of the other. However, Shoppas is entitled to have at least one valid, non-duplicative administrative claim of $22,666.98 asserted against each of the Debtors, as the Third and Fifth Omnibus Objections rely solely on the duplicative claim numbers as the basis for the objection as to Shoppas. [PAGE LEFT INTENTIONALLY BLANK]

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WHEREFORE, ABOVE PREMISES CONSIDERED, Shoppas Material Handling respectfully requests that the objections to the Shoppas Administrative Claim set forth in the Third Omnibus Objection and/or Fifth Omnibus Objection be overruled in their entirety, that Shoppas be allowed an administrative claim of $22,66.98 as set forth in the attached Exhibit “A,” and that Shoppas be granted any other and further relief to which it may show itself justly entitled. Dated: May 11, 2021 Respectfully Submitted, Wilmington, Delaware GELLERT SCALI BUSENKELL & BROWN, LLC /s/ Michael Busenkell Michael Busenkell (DE 3933) 1201 N. Orange St., Suite 300 Wilmington, DE 19801 Telephone: (302) 425-5812 Facsimile: (302) 425-5814 mbusenkell@gsbblaw.com -and- PADFIELD &STOUT, L.L.P. Alan B. Padfield, Esq. (admitted pro hac vice) Christopher V. Arisco, Esq. (admitted pro hac vice) 420 Throckmorton Street, Suite 1210 Fort Worth, Texas 76102 Telephone: (817) 338-1616 Facsimile: (817) 338-1610 abp@padfieldstout.com carisco@padfieldstout.com Attorneys for Shoppas Material Handling

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