HTML Document View

Full title: Notice of Entry of Order Filed by GABRIELLE A. HAMM on behalf of POST 135 BY MAIL, INC., POST 135 CORP., POST 135 HOLDINGS, LLC (Related document(s)682 Order on Objection to Claim) (HAMM, GABRIELLE) (Entered: 06/18/2021)

Document posted on Jun 17, 2021 in the bankruptcy, 6 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

26 27 Gump’s Holdings, LLC, Gump’s Corp., and Gump’sBy Mail, Inc., debtors and debtors28 in-possession (collectively, the “Debtors”), filed Debtors’ Third Omnibus Objection to Claim 1 2 pursuant to 11 U.S.C. § 502 and Fed.The Court reviewed and considered the Objection and the declaration of Tony Lopez file6 in support of the Objection, and other pleadings and papers in the record of these Chapter 11 Case7 of which the Court takes judicial notice under Fed.Having concluded that the Court has jurisdiction to he9 the Objection pursuant to 28 U.S.C. §§ 157 and 1334, the Objection is a core proceeding under 210 U.S.C. § 157(b)(2), and due and sufficient notice of the Objection was given;1 and after du11 deliberation and good cause appearing therefor, 12 IT IS HEREBY ORDERED that: 13 1. Any stay of this Order pending appeal by the holder of any Clai4 subject to this Order shall only apply to the contested matter which involves such claimant an5 shall not act to stay the applicability and/or finality of this Order with respect to the other conteste6 matters at issue herein.

List of Tables

Document Contents

1 WILLIAM M. NOALL 2 Nevada Bar No. 3549 E-mail: wnoall@gtg.legal 3 GABRIELLE A. HAMM Nevada Bar No. 11588 4 E-mail: ghamm@gtg.legal MARK M. WEISENMILLER 5 Nevada Bar No. 12128 E-mail: mweisenmiller@gtg.legal 6 7251 Amigo St., Suite 210 Las Vegas, Nevada 89119 7 Telephone (725) 777-3000 Facsimile (725) 777-3112 8 Attorneys for Debtors 9 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEVADA 10 In re: Case No.: BK-S-18-14683-mkn 11 Chapter 11 POST 135 HOLDINGS, LLC 12 Jointly administered with: Affects this Debtor. No. BK-S-18-14684-mkn (In re Post 135 Corp.) 13 No. BK-S-18-14685-mkn (In re Post 135 By Ma 14 Inc.) Affects all Debtors. 15 Affects Post 135 Corp. 16 17 Affects Post 135 By Mail, Inc. 18 NOTICE OF ENTRY OF ORDER 19 NOTICE IS HEREBY GIVEN that the Order Sustaining Debtors’ Third Omnibu20 Objection to Claims (Gump’s By Mail, Inc. Claims Asserting Incorrect Priority) [ECF No. 6821 (the “Order”) was entered in the above-entitled matter on June 14, 2021. A copy of the Order i22 attached hereto as Exhibit 1. 23 DATED June 18, 2021. GARMAN TURNER GORDON LLP 24 By: / s/ Gabrielle A. Hamm 25 WILLIAM M. NOALL GABRIELLE A. HAMM 26 MARK M. WEISENMILLER 7251 Amigo Street, Suite 210 27 Las Vegas, Nevada 89119 28 Counsel for Debtor

1

EXHIBIT 1 EXHIBIT 1

2

1 2 3 4 EEnntteerreedd oonn DDoocckkeett 5 ___________________________________________________________________JJuunnee 1144,, 22002211 6 7 GARMAN TURNER GORDON LLP WILLIAM M. NOALL 8 Nevada Bar No. 3549 E-mail: wnoall@gtg.legal 9 GABRIELLE A. HAMM Nevada Bar No. 11588 10 E-mail: ghamm@gtg.legal MARK M. WEISENMILLER 11 Nevada Bar No. 12128 E-mail: mweisenmiller@gtg.legal 12 7251 Amigo St., Suite 210 Las Vegas, Nevada 89119 13 Telephone (725) 777-3000 Facsimile (725) 777-3112 14 Attorneys for Debtors 15 UNITED STATES BANKRUPTCY COURT 16 FOR THE DISTRICT OF NEVADA 17 In re: Case No.: BK-S-18-14683-mkn Chapter 11 18 GUMP’S HOLDINGS, LLC Jointly administered with: 19 Affects this Debtor. No. BK-S-18-14684-mkn (In re Gump’s Corp.) 20 No. BK-S-18-14685-mkn (In re Gump’s By Affects all Debtors. Mail, Inc.) 21 22 Affects Gump’s Corp. Date: June 3, 2021 23 Affects Gump’s By Mail, Inc. Time: 9:30 a.m. 24 25 ORDER SUSTAINING DEBTORS’ THIRD OMNIBUS OBJECTION TO CLAIMS (GUMP’S BY MAIL, INC. CLAIMS ASSERTING INCORRECT PRIORITY) 26 27 Gump’s Holdings, LLC, Gump’s Corp., and Gump’s By Mail, Inc., debtors and debtors28 in-possession (collectively, the “Debtors”), filed Debtors’ Third Omnibus Objection to Claim

3

1 2 pursuant to 11 U.S.C. § 502 and Fed. R. Bankr. P. 3003 and 3007, which came on for hearin3 before the above-captioned Court on June 3, 2021 at 9:30 a.m. (the “Hearing”). All appearance4 are reflected in the Court’s record of the Hearing. 5 The Court reviewed and considered the Objection and the declaration of Tony Lopez file6 in support of the Objection, and other pleadings and papers in the record of these Chapter 11 Case7 of which the Court takes judicial notice under Fed. R. Evid. 201. No claimant or other party i8 interest filed a response to the Objection. Having concluded that the Court has jurisdiction to he9 the Objection pursuant to 28 U.S.C. §§ 157 and 1334, the Objection is a core proceeding under 210 U.S.C. § 157(b)(2), and due and sufficient notice of the Objection was given;1 and after du11 deliberation and good cause appearing therefor, 12 IT IS HEREBY ORDERED that: 13 1. The Objection is SUSTAINED. 14 2. The following proofs of claim (the “Claims” and each, a “Claim”) shall b15 reclassified as general unsecured claims:
Table 1 on page 4. Back to List of Tables
Name of Claimant Proof of
Claim No.2
Date of Claim Amount of
Claim
LAURA CAVALUZZO 132.00 08/27/2018 $7,100
VIRGINIA A LANGFORD AKA
LANGFORD DESIGNS
181.00 08/31/2018 $12,414
21 3. The right of any Debtor and its successor, including a liquidation trust, to raise an22 objection to claims, filed or unfiled, on any and all additional grounds permitted by law and/or equit23 is hereby preserved. 24 25 26 1 Any findings of fact and conclusions of law on the record at the Hearing are incorporated herein pursuant to Fed. 27 Civ. P. 52, as made applicable pursuant to Fed. R. Bankr. P. 7052 and 9014. 2 The number of the proof of claim in the records of the Debtors’ claims and noticing agent, Donlin, Recano 28 Company, Inc.

4

1 2 matter as contemplated by Bankruptcy Rule 9014 and this Order shall be deemed a separate Ord3 with respect to each Claim. Any stay of this Order pending appeal by the holder of any Clai4 subject to this Order shall only apply to the contested matter which involves such claimant an5 shall not act to stay the applicability and/or finality of this Order with respect to the other conteste6 matters at issue herein. 7 5. The Court reserves jurisdiction with respect to all matters arising from or relate8 to the interpretation and implementation of this Order. 9 IT IS SO ORDERED. 10 Prepared and submitted by: 11 By: /s/ Gabrielle A. Hamm 12 GARMAN TURNER GORDON LLP WILLIAM M. NOALL 13 GABRIELLE A. HAMM MARK M. WEISENMILLER 14 7251 Amigo Street, Suite 210 Las Vegas, Nevada 89119 15 Counsel for the Debtors 16 17 Approved/Disapproved: 18 By: /s/ Athanasios E. Agelakopoulo 19 SCHWARTZ LAW, PLLC SAMUEL A. SCHWARTZ 20 ATHANASIOS E. AGELAKOPOULOS 601 East Bridger Avenue 21 Las Vegas, NV 89101 22 T: 702.385.5544 / F: 702.385.2741 Attorneys for The Official Committee of 23 Unsecured Creditors 24 25 26 27 28

5

1 2 In accordance with LR 9021, counsel submitting this document certifies that the ordeaccurately reflects the court’s ruling and that (check one): 3 The court waived the requirement of approval under LR 9021(b)(1). 4 No party appeared at the hearing or filed an objection to the motion. 5 I have delivered a copy of this proposed order to all counsel who appeared at th6 hearing, and any unrepresented parties who appeared at the hearing, and each ha7 approved or disapproved the order, or failed to respond, as indicated above. 8 I certify that this is a case under chapter 7 or 13, that I have served a copy of this ordewith the motion pursuant to LR 9014(g), and that no party has objection to the form o9 content of the order. 10 11 # # # 12 4829-6464-2029, v. 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

6