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Full title: Motion objecting to claim(s) of Moeller Marine and Moeller Marine Products filed by Trustee META Advisors LLC Gander Mountain Liquidating Trustee. An affidavit or verification, Proof of service, Proposed order. Hearing scheduled 6/9/2021 at 09:30 AM at Courtroom 7 West, 7th Floor, 300 S 4th St, Minneapolis, Judge Michael E. Ridgway. (Sigler, Molly) (Entered: 04/29/2021)

Document posted on Apr 28, 2021 in the bankruptcy, 15 pages and 0 tables.

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Trust (“Liquidating Trust”) and META Advisors LLC, in its capacity as the liquidating trustee (“Liquidating Trustee”) of the Liquidating Trust, by and through its undersigned counsel, (1) moves the Court (“Motion”) for the relief requested below and entry of an order substantially in the form submitted herewith (“Proposed Order”) disallowing the scheduled claim of Moeller Marine and modifying and allowing the general unsecured claim of Moeller Marine Products (together with Moeller Marine, “Moeller Marine”) to match the amounts as shown in the Debtors’ books and records on the terms set forth herein, and (2) gives notice of a hearing.Through the 18th Omnibus Objection, the Liquidating Trust moved to reclassify Moeller Marine’s Reclamation Claim, asserted at $13,471.63, to a general unsecured claim (“General Unsecured Claim”) of $13,471.63.Based upon the Liquidating Trustee’s analysis of the Scheduled Claim, the General Unsecured Claim, and Debtors’ books and records, the Liquidating Trustee has determined that the underlying liability for Moeller Marine and Moeller Marine Products are duplicative of one another and that the total actual amount due to Moeller Marine is $58,793.90, all of which with general unsecured claim status.The Liquidating Trustee’s professionals have compared the Debtors’ books and records to the General Unsecured Claim, reviewed the claims register, and conducted further analysis, and have determined that the underlying liability for the Scheduled Claim and the General Unsecured Claim are duplicative of one another and that the total amount due and owing on the claims is a total amount of $58,793.90, all of which with general unsecured claim status. This Order applies to any future claims, or amendments to existing claims, arising out of obligations alleged to be owed to Moeller Marine Products or Moeller Marine, whether or not identified by a specific claim number or related to a claim number.

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UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Jointly Administered Under Case No. 17-30673 (MER) Gander Mountain Company, Case No. 17-30673 Overton’s, Inc. Case No. 17-30675 Debtors. Chapter 11 Cases NOTICE OF HEARING AND LIQUIDATING TRUSTEE’S MOTION OBJECTING TO THE CLAIMS OF MOELLER MARINE PRODUCTS AND MOELLER MARINE TO: The entities specified in Local Rule 3007-1. 1. The Gander Mountain Liquidating Trust (“Liquidating Trust”) and META Advisors LLC, in its capacity as the liquidating trustee (“Liquidating Trustee”) of the Liquidating Trust, by and through its undersigned counsel, (1) moves the Court (“Motion”) for the relief requested below and entry of an order substantially in the form submitted herewith (“Proposed Order”) disallowing the scheduled claim of Moeller Marine and modifying and allowing the general unsecured claim of Moeller Marine Products (together with Moeller Marine, “Moeller Marine”) to match the amounts as shown in the Debtors’ books and records on the terms set forth herein, and (2) gives notice of a hearing. 2. The Court will hold a hearing on this Motion at 9:30 a.m. on Wednesday, June 9, 2021, in Courtroom 7 West, United States Courthouse, 300 South Fourth Street, Minneapolis, MN, 55415. 3. Any response to this Motion must be filed and served no later than Friday, June 4, 2021, which is five (5) days before the time set for the hearing (including Saturdays, Sundays, and holidays). UNLESS A RESPONSE OPPOSING THE MOTION IS TIMELY FILED, THE COURT MAY GRANT THE RELIEF REQUESTED IN THE MOTION WITHOUT A

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HEARING. In the event a response is timely filed, and the Court determines there are facts in dispute which require an evidentiary hearing, the Liquidating Trustee requests that the Court treat the hearing scheduled above as a scheduling conference for purposes of setting the matter for evidentiary hearing. 4. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. §§ 157 and 1334, Fed. R. Bankr. P. 5005, and Local Rule 1070-1. This is a core proceeding. 5. This Motion arises under 11 U.S.C. §§ 502 and 507, and is filed under Fed. R. Bankr. P. 3007 and Local Rules 3007-1 and 9013-1 through 9013-3. PROCEDURAL BACKGROUND 6. The petitions commencing these Chapter 11 cases were filed by the above-captioned debtors (“Debtors”) on March 10, 2017 (“Petition Date”). 7. On March 21, 2017, the Court filed a Notice of Chapter 11 Bankruptcy Cases which, among other things, established July 17, 2017 as the deadline by which creditors, including governmental units, must file proofs of claim. 8. On April 12, 2017, the Debtors filed a consolidated set of schedules of assets and liabilities and statement of financial affairs (“Schedules”), setting forth the consolidated assets and liabilities of the Debtors. Additionally, in the ordinary course of business, the Debtors maintained books and records that reflect, among other things, the Debtors’ aggregate liabilities and the specific amounts owed to each of their creditors. 9. On January 26, 2018, the Court entered an order (“Confirmation Order”) confirming the Debtors’ and Official Committee of Unsecured Creditors’ Joint Plan of Liquidation dated October 31, 2017 (“Plan”). The effective date of the Plan occurred on February 8, 2018 (“Effective Date”).

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10. As set forth in paragraphs 22 through 25 of the Confirmation Order and Article IV.A of the Plan, the estates of the Debtors were substantively consolidated for the purposes of confirming and consummating the Plan, including, but not limited to, making distributions in accordance with the terms of the Plan. Specifically, the Plan provides, inter alia, that on and after the Effective Date (i) all assets and liabilities of the Debtors are treated as though they are pooled, (ii) each claim filed or to be filed against either Debtor, as to which both Debtors are co-liable as a legal or contractual matter, is deemed filed as a single claim against, and single obligation of, the Debtors, (iii) all guarantees of any Debtor of the obligations of the other Debtor are eliminated so that any claim against any Debtor and any claim based upon a guarantee thereof executed by the other Debtor is treated as one claim against the substantively consolidated Debtors, and (iv) any joint or several liability of any of the Debtors is one obligation of the substantively consolidated Debtors and any claims based upon such joint or several liability is treated as one claim against the substantively consolidated Debtors. 11. The Plan established the Liquidating Trust for the purpose of, among other things, collecting and administering all of the Debtors’ assets. The Plan appointed the Liquidating Trustee to administer the Liquidating Trust and to act as the representative of the estate within the meaning of 11 U.S.C. § 1123(b)(3)(B). The Plan grants the Liquidating Trustee the authority to address and resolve issues involving objections, reconciliation, and allowance of claims in accordance with the Plan. 12. As listed on the Schedules filed on April 12, 2017 [Dkt. 428], schedule number 3.1049 lists a scheduled unsecured claim of Moeller Marine, P.O. Box 536140, Pittsburgh, PA, 15253-5903 for $58,793.90 (“Scheduled Claim”).

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13. On March 23, 2017, Moeller Marine Products, through Robert Delaney, filed a reclamation claim (“Reclamation Claim”). The Reclamation Claim asserts a total of $13,471.63. The Reclamation Claim included invoices that listed two addresses: the same Pittsburgh, PA address as listed on the Scheduled Claim, and another address for Moeller Marine Products, a Moore Company, 801 N. Spring Street, Sparta, TN, 38583. The Reclamation Claim further listed an address to send notices to Moeller Marine Products, c/o The Moore Co., P.O. Box 538, Westerly, RI 02891. 14. On October 25, 2018, the Liquidating Trust sent a proposed settlement agreement to Moeller Marine Products, Attn: Robert Delaney, 801 N. Spring Street, Sparta, TN 38583, offering to resolve its claims by allowing settlements in reclamation and general unsecured amounts, for a total settlement offer of $4,353.74. The Liquidating Trust sent the proposed settlement agreement via overnight mail, which required a street address for delivery, rather than a P.O. Box. 15. Moeller Marine failed to respond to the Liquidating Trust’s settlement offer by the requested response deadline of November 9, 2018. 16. Moeller Marine was included in the Liquidating Trust’s Motion to Compel Mediation, filed on December 21, 2018. The Motion was served upon Moeller Marine Products, Attn: Robert Delaney, 801 North Spring Street, Sparta, TN 38583. Moeller Marine did not object to the Motion to Compel Mediation by the objection deadline, or at any time afterwards. 17. On February 12, 2019, after the Court entered a mediation appearance order (“Mediation Appearance Order”), the Liquidating Trust and its professionals served the Mediation Appearance Order on Moeller Marine. On February 25, 2019, the Liquidating Trust and its professionals sent a second settlement offer letter via Certified Mail (“Second Settlement Offer

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Letter”) to Moeller Marine at Moeller Marine Products, c/o Robert Delaney, 801 N. Spring Street, Sparta, TN 38583. Moeller Marine failed to respond to either the Mediation Appearance Order or the Second Settlement Offer Letter. 18. On April 22, 2019, Moeller Marine was included in the Liquidating Trust’s Eighteenth Omnibus Motion Objecting to and Reclassifying Certain Reclamation and 503(b)(9) Claims of Claimants that Failed to Participate in Mediation (“18th Omnibus Objection”). The Motion was served upon Moeller Marine Products, Attn: Robert Delaney, 801 N. Spring Street, Sparta, TN 38583. Through the 18th Omnibus Objection, the Liquidating Trust moved to reclassify Moeller Marine’s Reclamation Claim, asserted at $13,471.63, to a general unsecured claim (“General Unsecured Claim”) of $13,471.63. Moeller Marine again failed to respond or object to the 18th Omnibus Objection, and the Court entered the Order granting the 18th Omnibus Objection on May 22, 2019 [Dkt. 2061], which reclassified Moeller Marine’s reclamation claim to a general unsecured claim of $13,471.63. 19. Based upon the Liquidating Trustee’s analysis of the Scheduled Claim, the General Unsecured Claim, and Debtors’ books and records, the Liquidating Trustee has determined that the underlying liability for Moeller Marine and Moeller Marine Products are duplicative of one another and that the total actual amount due to Moeller Marine is $58,793.90, all of which with general unsecured claim status. 20. The claims in question of Moeller Marine and the amounts of those claims the Liquidating Trustee deem allowed are summarized in the following chart:
Table 1 on page 5. Back to List of Tables
Claim Claim
number
Scheduled
amount
Allowed GUC
amount per
Settlement
Agreement
Proposed
Allowed
administrative
claim amount
Proposed
Allowed GUC
amount
Scheduled Claim 3.1049 $58,793.90 N/A $0.00 $0.00

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Table 1 on page 6. Back to List of Tables
General Unsecured
Claim (reclassified
from Reclamation
Claim)
N/A N/A $13,471.63 $0.00 $58,793.90
21. The Liquidating Trustee therefore objects to the Scheduled Claim as amended and superseded by the General Unsecured Claim, and sets the General Unsecured Claim in the total amount of $58,793.90, all as a general unsecured claim. 22. By this Motion, the Liquidating Trustee: (1) objects to the Scheduled Claim in its entirety; (2) modifying and allowing the General Unsecured Claim in the total amount of $58,793.90, all of which as a general unsecured claim; and (3) requests entry of an order substantially in the form of the Proposed Order disallowing and expunging the Scheduled Claim in its entirety, and modifying and allowing the General Unsecured Claim to $58,793.90, all of which with general unsecured claim status. GROUNDS FOR OBJECTION 23. The Scheduled Claim, identified above in Paragraph 12, was asserted as a general unsecured claim of $58,793.90. 24. The General Unsecured Claim, identified above in Paragraph 18, has been reclassified as a general unsecured claim in the amount of $13,471.63. 25. The Liquidating Trustee has reviewed the Debtors’ books and records and has determined that the total actual amount due and owing to Moeller Marine is $58,793.90, all of which is entitled to general unsecured claim status. 26. Therefore, the Liquidating Trustee objects to the Scheduled Claim as amended and superseded, and sets the General Unsecured Claim in the amount of $58,793.90 as a general unsecured claim. The disallowance and expungement of the Scheduled Claim, and the

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modification and allowance of the General Unsecured Claim will result in a more streamlined and accurate claims register. 27. Pursuant to Local Rule 9013-2(a), this Motion is verified and is accompanied by a memorandum, proposed order, and proof of service. 28. As set forth above, parties in interest are afforded the opportunity to file a response to the relief requested in the Motion, as required by Local Rule 9013-2(b). 29. Pursuant to Local Rule 9013-2(c), the Liquidating Trustee gives notice that if an evidentiary hearing is held, it may, if necessary, call (a) James Carr of META Advisors LLC, whose business address is 3 World Trade Center, 175 Greenwich Street, New York, New York 10007, (b) Dana P. Kane of META Advisors LLC, whose business address is 3 World Trade Center, 175 Greenwich Street, New York, New York 10007, and/or (c) Matthew Diaz from FTI Consulting, Inc., whose business address is Three Times Square, 9th Floor, New York, New York 10036, to testify as to the Debtors’ books and records. The Liquidating Trustee reserves the right to supplement its witness list to add additional witnesses or to expand the scope of expected testimony of identified witnesses prior to any evidentiary hearing. CONCLUSION The Liquidating Trustee respectfully requests that the Court enter an order substantially in the form of the Proposed Order (1) disallowing and expunging the Scheduled Claim in its entirety; (2) modifying and allowing the General Unsecured Claim in the total amount of $58,793.90, all of which as a general unsecured claim; and (3) allowing such other and further relief as is just and equitable.

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Dated: April 29, 2021. Respectfully Submitted, BARNES & THORNBURG LLP /e/ Molly N. Sigler Connie A. Lahn, #0269219 Christopher Knapp, #0344412 Molly N. Sigler, #0399122 2800 Capella Tower 225 South Sixth Street Minneapolis, MN 55402-4662 Telephone: (612) 333-2111 Facsimile: (612) 333-6798 Connie.Lahn@btlaw.com Christopher.Knapp@btlaw.com Molly.Sigler@btlaw.com --and— LOWENSTEIN SANDLER LLP Jeffrey Cohen Scott Cargill 1251 Avenue of the Americas New York, NY 10020 Telephone: (212) 262-6700 Facsimile: (212) 262-7402 jcohen@lowenstein.com scargill@lowenstein.com Counsel for the Gander Mountain Liquidating Trustee

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VERIFICATION I, Dana Kane, on behalf of META Advisors LLC, not individually, but solely in its capacity as Liquidating Trustee for the Gander Mountain Liquidating Trust, have reviewed the Motion and declare, based upon (i) my personal knowledge, (ii) my review (or the review of persons under my supervision) of the books and records provided to me by the Debtors’ former employees and/or the Liquidating Trust’s consultants, the Schedules and Statements filed in these Cases, the relevant proofs of claim, and the claims register, as well as relevant documents and other information prepared or collected by the Debtors’ employees or professionals and/or the Liquidating Trust’s consultants and professionals, and/or (iii) my opinion based on my experience with the Debtors’ operations and financial condition, that the facts set forth in the preceding Motion are true and correct to the best of my knowledge, information and belief. Dated: April 28, 2021 By:

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UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Jointly Administered Under Case No. 17-30673 (MER) Gander Mountain Company, Overton’s, Inc. Case No. 17-30673 Case No. 17-30675 Debtors. Chapter 11 Cases MEMORANDUM OF LAW IN SUPPORT OF THE LIQUIDATING TRUSTEE’S MOTION OBJECTING TO THE CLAIMS OF MOELLER MARINE PRODUCTS AND MOELLER MARINE The Liquidating Trustee objects to the claims of Moeller Marine and requests that this Court enter an order disallowing and expunging the Scheduled Claim, and modifying and allowing the General Unsecured Claim in the amount of $58,793.30, all of which with general unsecured claim status. BACKGROUND The facts in support of the relief requested are set forth in the verified Motion. All capitalized terms have the meaning ascribed to them in the Motion. ARGUMENT A proof of claim filed in a bankruptcy proceeding is deemed allowed unless a party in interest objects. 11 U.S.C. § 502(a); see also Gran v. IRS (In re Gran), 964 F.2d 822, 827 (8th Cir. 1992). If an objection is filed, the objector must come forward with evidence rebutting the claim. Gran, 964 F.2d at 827; In re Oriental Rug Warehouse Club, Inc., 205 B.R. 407, 410 (Bankr. D. Minn. 1997). If the objecting party produces such evidence, the burden of proof shifts to the claimant to produce evidence of the validity of the claim. Gran, 964 F.2d at 827; Oriental Rug,

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205 B.R. at 410. “In other words, once an objection is made to the proof of claim, the ultimate burden of persuasion as to the claim’s validity and amount rests with the claimant.” Oriental Rug, 205 B.R. at 410 (citations omitted). In making these determinations, a court looks to the governing substantive law. In re Ford, 125 B.R. 735, 737 (E.D. Tex. 1991); In re Gridley, 149 B.R. 128, 132 (Bankr. D.S.D. 1992). The Liquidating Trustee objects to the Scheduled Claim, identified above in Paragraph 12 of the Motion, in its entirety. Additionally, the Liquidating Trustee seeks to modify the General Unsecured Claim, identified above in Paragraph 18 of the Motion, to match the Debtors’ books and records. The Liquidating Trustee’s professionals have compared the Debtors’ books and records to the General Unsecured Claim, reviewed the claims register, and conducted further analysis, and have determined that the underlying liability for the Scheduled Claim and the General Unsecured Claim are duplicative of one another and that the total amount due and owing on the claims is a total amount of $58,793.90, all of which with general unsecured claim status. If the Scheduled Claim is not disallowed in its entirety, it could result in a double recovery for Moeller Marine. The disallowance and expungement of the Scheduled Claim, and the modification and allowance of the General Unsecured Claim, will result in a more streamlined and accurate claims register. Accordingly, the Liquidating Trustee: (1) objects to the Scheduled Claim in its entirety; (2) objects to the General Unsecured Claim to the extent that Moeller Marine asserts it is entitled to a total amount greater than $58,793.90, all of which with general unsecured claim status; and (3) requests entry of an order substantially in the form of the Proposed Order, disallowing and expunging the Scheduled Claim, and modifying and allowing the General Unsecured Claim in the amount of $58,793.90 all of which with general unsecured claim status.

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CONCLUSION The Liquidating Trustee respectfully requests that the Court enter an order (1) disallowing and expunging the Scheduled Claim in its entirety; (2) modifying and allowing the General Unsecured Claim in the amount of $58,793.90, all of which with general unsecured claim status; and (3) allowing such other and further relief as is just and equitable. Dated: April 29, 2021 Respectfully Submitted, BARNES & THORNBURG LLP /e/ Molly N. Sigler Connie A. Lahn, #0269219 Christopher Knapp, #0344412 Molly N. Sigler, #0399122 2800 Capella Tower 225 South Sixth Street Minneapolis, MN 55402-4662 Telephone: (612) 333-2111 Facsimile: (612) 333-6798 Connie.Lahn@btlaw.com Christopher.Knapp@btlaw.com Molly.Sigler@btlaw.com --and— LOWENSTEIN SANDLER LLP Jeffrey Cohen Scott Cargill 1251 Avenue of the Americas New York, NY 10020 Telephone: (212) 262-6700 Facsimile: (212) 262-7402 jcohen@lowenstein.com scargill@lowenstein.com Counsel for the Gander Mountain Liquidating Trustee

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UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Jointly Administered Under Case No. 17-30673 (MER) Gander Mountain Company, Case No. 17-30673 Overton’s, Inc. Case No. 17-30675 Debtors. Chapter 11 Cases CERTIFICATE OF SERVICE OF THE LIQUIDATING TRUSTEE’S MOTION OBJECTING TO THE CLAIMS OF MOELLER MARINE PRODUCTS AND MOELLER MARINE I, Molly N. Sigler, declare under penalty of perjury that on April 29, 2021, I served copies of the Liquidating Trustee’s Motion Objecting to the Claims of Moeller Marine Products and Moeller Marine by sending a true and correct copy of each document by U.S. Mail, as indicated, to the following recipients: Office of the U.S. Trustee Fredrikson & Byron, P.A. Moeller Marine Products 300 South Fourth Street Clint Cutler c/o Robert Delaney Suite 1015 200 South Sixth Street, Suite 4000 801 N. Spring Street Minneapolis, MN 55402 Minneapolis, MN 55402 Sparta, TN 38583 Gander Mountain Company and Moeller Marine Moeller Marine Products1 Overton’s, Inc. P.O. Box 536140 c/o The Moore Co. Lighthouse Management Group, Inc. Pittsburgh, PA 15253-5903 P.O. Box 538 Attn: Timothy Becker Westerly, RI 02891 990 Long Lake Road, Suite 180 New Brighton, MN 55112 Dated: April 29, 2021 BARNES & THORNBURG LLP /e/ Molly N. Sigler Molly N. Sigler, #0399122 2800 Capella Tower 225 South Sixth Street Minneapolis, MN 55402-4662 Telephone: (612) 333-2111 Facsimile: (612) 333-6798 Molly.Sigler@btlaw.com 1 As previously stated in Paragraph 13 in the Motion, this address was provided in the Reclamation Claim as an address to send notices. Out of an abundance of caution, the Liquidating Trust is including this address here, with all other known addresses for Moeller Marine and Moeller Marine Products, in an attempt to reach the claimant.

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UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA Jointly Administered Under In re: Case No. 17-30673 (MER) Gander Mountain Company, Case No. 17-30673 Overton’s, Inc. Case No. 17-30675 Debtors. Chapter 11 Cases ORDER GRANTING THE LIQUIDATING TRUSTEE’S MOTION OBJECTING TO THE CLAIMS OF MOELLER MARINE PRODUCTS AND MOELLER MARINE This matter is before the Court on the Gander Mountain Liquidating Trust (“Liquidating Trust”) and META Advisors LLC, in its capacity as the liquidating trustee (“Liquidating Trustee”)’s Motion (“Motion”) Objecting to the claims of Moeller Marine Products and Moeller Marine, on the basis that the claims are duplicative of one another. As such, one claim should be disallowed and expunged, and the remaining claim should be modified and allowed to match the amount currently due and owing under the Debtors’ books and records. IT IS ORDERED: 1. The Motion is granted. 2. Moeller Marine’s scheduled claim, identified as schedule number 3.1049, is hereby disallowed and expunged in its entirety. 3. Moeller Marine Products’ general unsecured claim, reclassified from a reclamation claim, is hereby allowed in the amount of $58,793.90, all of which with general unsecured claim status.

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4. This Order applies to any future claims, or amendments to existing claims, arising out of obligations alleged to be owed to Moeller Marine Products or Moeller Marine, whether or not identified by a specific claim number or related to a claim number. 5. The Liquidating Trust and the Liquidating Trustee are authorized to take any and all actions that are necessary and appropriate to give effect to this Order. 6. This Court shall retain jurisdiction over all matters arising from or related to the interpretation and implementation of this Order. Dated: _________________________________________ Judge Michael E. Ridgway United States Bankruptcy Judge

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