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Full title: Response to Wind-Down Administrator's Eighth Omnibus Objection to Claims (related document(s)1635) Filed by Hogan Truck Leasing, Inc. (Attachments: # 1 Exhibit A) (Parres, Larry) (Entered: 08/23/2021)

Document posted on Aug 22, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Under the Hogan Contracts, the Debtor used Hogan’s vehicles on a daily basis and Hogan invoiced Debtors on a weekly basis for daily rentals and mileage used by the Debtor under the written Vehicle Rental Agreements like the one attached hereto as Exhibit A (“Rental Agreements”).1 3. However, the true claim due Hogan for Post-Petition daily rent was $4,622.113 (an amount equal to 4/5 of the daily rental rate set forth on Invoice Number 1841204 attached to the 1The use of Hogan’s vehicles were a benefit to the Debtor’s estate as the Debtor utilized the vehicle on each of the days after the Petition Date as shown by the mileage which the Debtor put on each of the vehicles after the Petition Date and subsequently paid for on each of the vehicles.WHEREFORE, Hogan Truck Leasing, Inc. prays that this Court denies the Objection by the Wind-Down Administrator to Hogan’s Proof of Claim No. 70086 and that the Court allows the Hogan Claim as an administrative expense claim in the amount of $4,662.11; and for such other and further relief as the Court deems just and proper.The undersigned hereby certifies that on this 23rd day of August 2021, a copy of the above and foregoing was electrically filed with the United States Bankruptcy Court, District of Delaware, pursuant to the Case Management/Electronic Case Filing system of the Court, and electronic notice of such filing was served by the Office of the Clerk upon parties in interest registered in such Case Management/Electronic Case Filing system with respect to this case.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 BDC, Inc., et al, Case No. 20-10010 (CSS) Debtors. (Joint Administration Requested) Hearing Date: September 1, 2021 at 11:00 a.m. (ET) RESPONSE OF HOGAN TRUCK LEASING, INC. TO WIND-DOWN ADMINISTRATOR’S EIGHTH (8TH) OMNIBUS OBJECTION TO CLAIMS COMES NOW Hogan Truck Leasing, Inc., by and through its counsel (“Hogan”), and files its Response to Wind-Down Administrator’s Eighth (8th) Omnibus (Substantive) Objection to Claims Pursuant to Section 502 of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rule 3007-1 (“Objection”) filed with the Court on or about August 2, 2021 [Doc. No. 1635] and states as follows: 1. The Debtors filed their Chapter 11 Bankruptcy Petition on January 5, 2020 (“Petition Date”). 2. Prior to the Petition Date, Debtors and Hogan entered into various Vehicle Rental Agreements whereby Hogan provided Debtors with access to various trucks and trailers to operate its business in (i) Orlando, Florida, (ii) Tampa Bay, Florida and (iii) Winter Haven, Florida (the “Hogan Contracts”). Under the Hogan Contracts, the Debtor used Hogan’s vehicles on a daily basis and Hogan invoiced Debtors on a weekly basis for daily rentals and mileage used by the

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Debtor under the written Vehicle Rental Agreements like the one attached hereto as Exhibit A (“Rental Agreements”).1 3. The Rental Agreements are daily rental agreements in which Borden was charged a specified rate for each day it had possession of the Hogan vehicle. 4. Hogan would bill Debtor once a week for each day the Debtor had the vehicle, plus mileage and other charges, but the vehicle rental was earned each day the Debtor had the vehicle in its possession. It was a daily contract which was extended each day until the vehicle was returned to Hogan. 5. Accordingly, every day that the Debtor used Hogan’s vehicle on and after January 5, 2020 was an administrative expense of Debtor’s estate. 6. Debtor failed to pay Hogan for the Post-Petition Date daily rentals for January 5, 6, 7, 8, 9 and 10 despite using the Hogan vehicles on these dates. 7. Hogan filed an Administrative Proof of Claim in the Debtor’s bankruptcy case on September 2, 2020 in the amount of $3,165.07 which was assigned Proof of Claim No. 70086 (“Hogan Claim”). Debtor did pay Hogan the amount of $770.832 towards the Hogan Claim after it was filed with the Court leaving a balance due on the Hogan Claim as filed in the amount of $2,394.24. However, the true claim due Hogan for Post-Petition daily rent was $4,622.113 (an amount equal to 4/5 of the daily rental rate set forth on Invoice Number 1841204 attached to the 1 The Rental Agreement attached as Exhibit A is dated October 21, 2019, which is the day Debtor took possession of the vehicle (see bottom left of page 3 of Exhibit A) which the Debtor possessed until February 26, 2020 (see bottom right of page 3 of Exhibit A). 2 The $770.83 are all extra expenses set forth in Miscellaneous Invoice Numbers 1916715, 1918918, 1920856 and 1922713 attached to the Hogan Claim leaving Invoice Number 1841204 unpaid for vehicle rental in the amount of $4,622.11. 3 The Hogan Claim was filed in the amount of $3,165.07 but should have been filed in the amount of $4,622.11 but Hogan wasn’t able to calculate the amount due by the claims bar date.

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Hogan Claim). It appears that the Debtor paid not only the Miscellaneous Invoices attached to the Hogan Claim in the amount of $770.83, but also all mileage and itemized charges on Invoice Number 1841204 leaving a Post-Petition balance due of $4,622.11. 8. The Wind-Down Administrator lists Hogan on Exhibit C of the Objection and states as follows: “The Disputed Claim asserts an administrative expense claim for pre-petition and post-petition services. The post-petition amount of $770.83 was paid via payment no. 5021839 on 9/8/2020 and 5022165 on 9/10/2020. The balance of the Disputed Claim asserts administrative status for pre-petition services. Therefore, the Disputed Claim is not entitled to administrative expense status and should re-classified as unsecured.” 9. The Wind-Down Administrator seeks to have Hogan’s remaining administrative expense claim re-classified to a general unsecured claim. 10. Hogan states that the Hogan Claim should be allowed in the amount of $4,662.11as the Debtor utilized its vehicles pursuant to a written Vehicle Rental Agreements after the Petition Date. The Vehicle Rental Agreement provides for a daily charge to be paid for each day the vehicle is used by the Debtor. It is without question that the vehicle was used under the Vehicle Rental Agreement by the Debtor on January 5, 2020, January 6, 2020, January 7, 2020, January 8, 2020 and January 9, 2020 as the Debtor has already paid for mileage on each of those days. Since the Vehicle Rental Agreement provides for a daily rental charge, the Debtor incurred these charges on each day after the Petition Date of January 5, 2020 until it returned each of the Hogan vehicles. 11. Hogan should have an allowed administrative expense claim in the amount of $4,662.11 for rentals provided to the Debtor post-petition as Section 365 of the Bankruptcy Code requires the Debtor to “timely perform all of the obligations of the Debtor…arising from and after the Order for Relief under any unexpired lease of non-residential real property until such lease is assumed or rejected, notwithstanding Section 503(b)(1) of this title.” See 11 U.S.C. § 365(d)(3).

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12. The use of Hogan’s vehicles were a benefit to the Debtor’s estate as the Debtor utilized the vehicle on each of the days after the Petition Date as shown by the mileage which the Debtor put on each of the vehicles after the Petition Date and subsequently paid for on each of the vehicles. The Post-Petition Date mileage is clear evidence that it was an actual benefit to the Debtor’s estate. WHEREFORE, Hogan Truck Leasing, Inc. prays that this Court denies the Objection by the Wind-Down Administrator to Hogan’s Proof of Claim No. 70086 and that the Court allows the Hogan Claim as an administrative expense claim in the amount of $4,662.11; and for such other and further relief as the Court deems just and proper. Respectfully submitted, LEWIS RICE LLC /s/ Larry E. Parres Larry E. Parres, #35597MO 600 Washington Avenue, Suite 2500 St. Louis, Missouri 63101 (314) 444-7600 (314) 612-7660(Fax) E-Mail: lparres@lewisrice.com Attorneys for Hogan Truck Leasing, Inc. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 23rd day of August 2021, a copy of the above and foregoing was electrically filed with the United States Bankruptcy Court, District of Delaware, pursuant to the Case Management/Electronic Case Filing system of the Court, and electronic notice of such filing was served by the Office of the Clerk upon parties in interest registered in such Case Management/Electronic Case Filing system with respect to this case. /s/ Larry E. Parres

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