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Full title: Notice of Presentment / Notice of Presentment of Stipulation Fixing Unsecured Claim filed by Mark S. Indelicato on behalf of Official Committee of Unsecured Creditors of Cosmoledo, LLC. with presentment to be held on 8/4/2021 (check with court for location) Objections due by 7/30/2021, (Indelicato, Mark) (Entered: 07/19/2021)

Document posted on Jul 18, 2021 in the bankruptcy, 10 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Breadroll, LLC, (3279); 688 Bronx Commissary, LLC (6515); 95 Broad Commissary, LLC (2335); 178 Bruckner Commissary, LLC (2581); 8 West Bakery, LLC (6421); NYC 1294 Third Ave Bakery, LLC (2001); 921 Broadway Bakery, LLC (2352); 1800 Broadway Bakery, LLC (8939); 1535 Third Avenue Bakery, LLC (1011); 2161 Broadway Bakery, LLC (2767); 210 Joralemon Bakery, LLC (4779); 1377 Sixth Avenue Bakery, LLC (9717); 400 Fifth Avenue Bakery, LLC (6378); 1400 Broadway Bakery, LLC (8529); 575 Lexington Avenue Bakery, LLC (9884); 685 Third Avenue Bakery, LLC (9613); 370 Lexington Avenue Bakery, LLC (0672); 787 Seventh Avenue Bakery, LLC (6846); 339 Seventh Avenue Bakery, LLC (1406); and 55 Hudson Yards Bakery, LLC (7583).WHEREAS, On September 10, 2020 (the “Petition Date”), the Debtors filed voluntary petitions for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”); and 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, include: Cosmoledo, LLC (6787); Breadroll, LLC, (3279); 688 Bronx Commissary, LLC (6515); 95 Broad Commissary, LLC (2335); 178 Bruckner Commissary, LLC (2581); 8 West Bakery, LLC (6421); NYC 1294 Third Ave Bakery, LLC (2001); 921 Broadway Bakery, LLC (2352); 1800 Broadway Bakery, LLC (8939); 1535 Third Avenue Bakery, LLC (1011); 2161 Broadway Bakery, LLC (2767); 210 Joralemon Bakery, LLC (4779); 1377 Sixth Avenue Bakery, LLC (9717); 400 Fifth Avenue Bakery, LLC (6378); 1400 Broadway Bakery, LLC (8529); 575 Lexington Avenue Bakery, LLC (9884); 685 Third Avenue Bakery, LLC (9613); 370 Lexington Avenue Bakery, LLC (0672); 787 Seventh Avenue Bakery, LLC (6846); 339 Seventh Avenue Bakery, LLC (1406); and 55 Hudson Yards Bakery, LLC (7583).[ECF No. 165] deeming the Lease rejected as of November 2, 2020 (the “Rejection Date”); and WHEREAS, on September 28, 2020, the Landlord filed a proof of claim against Cosmoledo designated as claim number 46 on the official claims register maintained in these cases, asserting a claim in the amount of no less than $301,389.20 based on pre-Petition Date arrearages of rent, taxes and utilities owed pursuant to the Lease (the “First Cosmoledo POC”); and WHEREAS, on September 28, 2020, the Landlord filed a proof of claim against the Tenant, designated as claim number 47 on the official claims register maintained in these cases, asserting a claim in the amount of no less than $301,389.20 based on pre-Petition Date arrearages of rent, taxes and utilities owed pursuant to the Lease (the “First Tenant POC and together with the First Cosmoledo POC, the “Landlord Prepetition Claims”); and WHEREAS, on November 30, 2020, the Landlord filed an amended proof of claim against the Tenant, designated as claim number 98 on the official claims register maintained in these cases, asserting a claim in the amount of no less than $1,027,377.60 as of the Petition

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HAHN & HESSEN LLP Presentment Date & Time: August 4, 2021 at 12:00 p.m. 488 Madison Avenue Objection Deadline: July 30, 2021 at 12:00 p.m. New York, NY 10022 (212) 478-7200 Mark S. Indelicato, Esq. Mark T. Power, Esq. Jacob T. Schwartz, Esq. Counsel to the Official Committee of Unsecured Creditors UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------x In re: Chapter 11 COSMOLEDO, LLC., et al.,1 Case No. 20-12117 (MEW) Debtors. ----------------------------------------------------------------x NOTICE OF PRESENTMENT OF STIPULATION FIXING UNSECURED CLAIM PLEASE TAKE NOTICE that the undersigned, on behalf of the Official Committee of Unsecured Creditors of In re Cosmoledo, LLC (the “Committee”), 175 East 74th Corp. (the “Landlord”), NYC 1294 Third Avenue Bakery, LLC (the “Tenant”), and Cosmoledo LLC (“Cosmoledo” and together with the Tenant, the “Debtors”) will present the attached Stipulation Fixing Unsecured Claim (the “Stipulation”) to the Honorable Michael E. Wiles, Bankruptcy Judge 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, include: Cosmoledo, LLC (6787); Breadroll, LLC, (3279); 688 Bronx Commissary, LLC (6515); 95 Broad Commissary, LLC (2335); 178 Bruckner Commissary, LLC (2581); 8 West Bakery, LLC (6421); NYC 1294 Third Ave Bakery, LLC (2001); 921 Broadway Bakery, LLC (2352); 1800 Broadway Bakery, LLC (8939); 1535 Third Avenue Bakery, LLC (1011); 2161 Broadway Bakery, LLC (2767); 210 Joralemon Bakery, LLC (4779); 1377 Sixth Avenue Bakery, LLC (9717); 400 Fifth Avenue Bakery, LLC (6378); 1400 Broadway Bakery, LLC (8529); 575 Lexington Avenue Bakery, LLC (9884); 685 Third Avenue Bakery, LLC (9613); 370 Lexington Avenue Bakery, LLC (0672); 787 Seventh Avenue Bakery, LLC (6846); 339 Seventh Avenue Bakery, LLC (1406); and 55 Hudson Yards Bakery, LLC (7583).

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for the United States Bankruptcy Court for the Southern District of New York, at one Bowling Green, New York, New York 10004, for signature on August 4, 2021 at 12:00 p.m. (the “Presentment Date”). PLEASE TAKE FURTHER NOTICE that any objections to the entry of the Stipulation must be in writing and filed with the Bankruptcy Court in accordance with the Local Rules, and served upon undersigned counsel for the Committee, the Landlord, and the Debtors so as to be received no later than July 30, 2021 at 12:00 p.m. If no objections are timely filed and serviced, the Stipulation may be entered by the Bankruptcy Court without a hearing. PLEASE TAKE FURTHER NOTICE that if objections are timely filed, a hearing may be scheduled before the Honorable Michael E. Wiles, Bankruptcy Judge for the United States Bankruptcy Court for the Southern District of New York, at One Bowling Green, New York, New York 10004. If a hearing is scheduled, the moving party will be obligated to notify all other parties entitled to receive notice of the hearing date and time. The moving and objecting parties are required to attend the hearing, and failure to attend may result in relief being granted or denied upon default. Dated: July 19, 2021 New York, New York THOMPSON COBURN HAHN & HESSEN LLP2 By: /s/ Mark S. Indelicato Mark S. Indelicato 488 Madison Avenue New York, NY 10022 (212) 478-7200 Counsel for the Official Committee of Unsecured Creditors 2 On July 1, 2021, Hahn & Hessen LLP became Thompson Coburn Hahn & Hessen LLP and intends on filing an application seeking approval of its retention as successor to Hahn & Hessen LLP shortly.

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UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------X In re: Chapter 11 COSMOLEDO, LLC, et al.,1 Case No. 20-12117 (MEW) Jointly Administered Debtors. -------------------------------------------------------X STIPULATION FIXING UNSECURED CLAIM This stipulation (the “Stipulation”), dated as of July 16, 2021, is entered into by and among 175 East 74th Corp. (the “Landlord”), NYC 1294 Third Avenue Bakery, LLC (the “Tenant”), Cosmoledo LLC (“Cosmoledo” and together with the Tenant, the “Debtors”), and the Official Committee of Unsecured Creditors appointed in the Debtors’ chapter 11 cases (the “Committee,” and together with the Landlord and the Debtors, each a “Party” and collectively the “Parties”). The Parties hereby stipulate and agree as follows: RECITALS WHEREAS, On September 10, 2020 (the “Petition Date”), the Debtors filed voluntary petitions for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”); and 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, include: Cosmoledo, LLC (6787); Breadroll, LLC, (3279); 688 Bronx Commissary, LLC (6515); 95 Broad Commissary, LLC (2335); 178 Bruckner Commissary, LLC (2581); 8 West Bakery, LLC (6421); NYC 1294 Third Ave Bakery, LLC (2001); 921 Broadway Bakery, LLC (2352); 1800 Broadway Bakery, LLC (8939); 1535 Third Avenue Bakery, LLC (1011); 2161 Broadway Bakery, LLC (2767); 210 Joralemon Bakery, LLC (4779); 1377 Sixth Avenue Bakery, LLC (9717); 400 Fifth Avenue Bakery, LLC (6378); 1400 Broadway Bakery, LLC (8529); 575 Lexington Avenue Bakery, LLC (9884); 685 Third Avenue Bakery, LLC (9613); 370 Lexington Avenue Bakery, LLC (0672); 787 Seventh Avenue Bakery, LLC (6846); 339 Seventh Avenue Bakery, LLC (1406); and 55 Hudson Yards Bakery, LLC (7583).

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WHEREAS, on September 18, 2020, the United States Trustee for Region 2 appointed three of the Debtors’ unsecured creditors to serve as members of the Committee, which appointment was amended on September 21, 2021; and WHEREAS, before the Petition Date, the Debtors were in possession of the premises located at 1294 Third Avenue, New York, New York (the “Premises”) pursuant to that certain Standard Form of Store Lease, between the Tenant and the Landlord dated as of February 1, 2012 (the “Lease”); and WHEREAS, on September 10, 2020, the Debtors filed a motion [ECF No. 7] to appoint Donlin Recano & Company, Inc. (“DRC”) as claims and noticing agent, and on September 16, 2020, the Court entered an order (the “Claims Agent Retention Order”) [ECF No. 45] authorizing the Debtors to appoint DRC (the “Claims Agent”) as the Debtors’ claims and noticing agent; and WHEREAS, on September 11, 2020, the Debtors filed a motion [ECF No. 16] to reject the Lease, and on November 2, 2020, the Court entered an order (the Rejection Order”) [ECF No. 165] deeming the Lease rejected as of November 2, 2020 (the “Rejection Date”); and WHEREAS, on September 28, 2020, the Landlord filed a proof of claim against Cosmoledo designated as claim number 46 on the official claims register maintained in these cases, asserting a claim in the amount of no less than $301,389.20 based on pre-Petition Date arrearages of rent, taxes and utilities owed pursuant to the Lease (the “First Cosmoledo POC”); and WHEREAS, on September 28, 2020, the Landlord filed a proof of claim against the Tenant, designated as claim number 47 on the official claims register maintained in these cases, asserting a claim in the amount of no less than $301,389.20 based on pre-Petition Date arrearages of rent, taxes and utilities owed pursuant to the Lease (the “First Tenant POC and together with the First Cosmoledo POC, the “Landlord Prepetition Claims”); and

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WHEREAS, on November 30, 2020, the Landlord filed an amended proof of claim against the Tenant, designated as claim number 98 on the official claims register maintained in these cases, asserting a claim in the amount of no less than $1,027,377.60 as of the Petition Date, based on pre-Petition Date arrearages of rent, taxes and utilities owed pursuant to the Lease and damages arising from the rejection of the Lease in accordance with section 502(b)(6) of the Bankruptcy Code (the “First Amended Tenant POC”); and WHEREAS, on November 30, 2020, the Landlord filed an amended proof of claim against Cosmoledo, designated as claim number 99 on the official claims register maintained in these cases, asserting a claim in the amount of no less than $1,027,377.60 as of the Petition Date, based on pre-Petition Date arrearages of rent, taxes and utilities owed pursuant to the Lease and damages arising from the rejection of the Lease in accordance with section 502(b)(6) of the Bankruptcy Code (the “First Amended Cosmoledo POC,” and together with the First Amended Tenant POC, the “First Amended Landlord Prepetition Claims”); and WHEREAS, on January 11, 2021, the Landlord filed a further amended proof of claim against Cosmoledo designated as claim number 320 on the official claims register maintained in these cases, asserting a claim in the amount of no less than $1,115,377.60 based on (i) pre-Petition Date arrearages of rent, taxes and utilities owed pursuant to the Lease in the amount of $301,389.20; (ii) post-Petition Date rent and “other charges” owed pursuant to the Lease in the amount of $88,000.00 and (iii) damages arising from the rejection of the Lease in accordance with section 502(b)(6) of the Bankruptcy Code in the amount of $725,988.40 (the “Second Amended Cosmoledo POC”); and WHEREAS, on January 11, 2021, the Landlord filed an amended proof of claim against the Tenant designated as claim number 321 on the official claims register maintained in these

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cases, asserting a claim in the amount of no less than $1,115,377.60 based on (i) pre-Petition Date arrearages of rent, taxes and utilities owed pursuant to the Lease in the amount of $301,389.20; (ii) post-Petition Date rent and “other charges” owed pursuant to the Lease in the amount of $88,000.00 and (iii) damages arising from the rejection of the Lease in accordance with section 502(b)(6) of the Bankruptcy Code in the amount of $725,988.40 (the “Second Amended Tenant POC,” and together with the Second Amended Cosmoledo POC, the “Second Amended Landlord Prepetition Claims”); and WHEREAS, on January 13, 2021, the Landlord filed an amended proof of claim against Cosmoledo, designated as claim number 322 on the official claims register maintained in these cases, asserting an administrative expense priority claim, in the amount of no less than $88,000.00 based on post-Petition Date rent and “other charges” owed pursuant to the Lease (the “Cosmoledo Admin POC,”); and WHEREAS, on January 13, 2021, the Landlord filed a proof of claim against the Tenant designated as claim number 323 on the official claims register maintained in these cases, asserting an administrative expense priority claim, in the amount of no less than $88,000.00 based on post-Petition Date rent and “other charges” owed pursuant to the Lease (the “Tenant Admin POC” and together with the Cosmoledo Admin POC, the “Landlord Admin Claims”); and WHEREAS, on May 17, 2021, the Landlord filed an amended proof of claim against Cosmoledo designated as claim number 347 on the official claims register maintained in these cases, asserting a claim in the amount of no less than $666,457.11 based on to pre- Petition Date rent, taxes and utilities owed pursuant to the Lease and damages arising from the rejection of the Lease in accordance with section 502(b)(6) of the Bankruptcy Code (the “Third Amended Cosmoledo POC”);

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WHEREAS, on May 17, 2021, the Landlord filed an amended proof of claim against the Tenant designated as claim number 348 on the official claims register maintained in these cases, asserting a claim in the amount of no less than $666,457.11 based on to pre- Petition Date rent, taxes and utilities owed pursuant to the Lease and damages arising from the rejection of the Lease in accordance with section 502(b)(6) of the Bankruptcy Code (the “Third Amended Tenant POC,” and together with the Third Amended Cosmoledo POC, the “Third Amended Landlord Prepetition Claims,” and together with the Landlord Admin Claims, the “Landlord Claims”); and WHEREAS, on June 10, 2021, the Debtors filed the Debtors’ Plan of Liquidation (the “Plan”) [ECF No. 324], which has not yet been confirmed. NOW THEREFORE, in consideration of the premises set forth above, the Parties hereby stipulate and agree, subject to approval by the Court, as follows: 1. This Stipulation shall be effective on the date on which the Court enters an order approving this Stipulation (the “Effective Date”). 2. The Third Amended Cosmoledo POC shall be the Landlord’s sole remaining claim against the Debtors and such Third Amended Cosmoledo Claim will be reduced and allowed as an unsecured claim in the amount of $660,000.00 (the “Landlord Allowed Claim”). 3. For the purposes of distributions under the Plan, $500,000.00 of the Landlord Allowed Claim will be treated as lease rejection damages and $160,000.00 of the Landlord Allowed Claim will be treated as a pre-petition unsecured claim. 4. All other proofs of claims, other than the Third Amended Cosmoledo POC (Claim No. 347), including, without limitation, the First Cosmoledo POC First Tenant POC, First Amended Tenant POC, First Amended Cosmoledo POC, Second Amended Cosmoledo POC, Second Amended Tenant POC, Landlord Admin Claims, and Third Amended Cosmoledo POC,

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will be deemed disallowed, expunged and removed from the claim docket without the need for the Landlord to file amended proofs of claims or further action by the Claims Agent or the Court. 5. This Stipulation may be executed in counterparts, each of which shall be deemed to be an original. A copy of this Stipulation shall be deemed to be valid and binding as if it was an original. The signature of any signatory to this Stipulation may be executed through the use of facsimile transmission or by way of PDF as an attachment to an email, in which case the signature on this Stipulation shall be effective as if an original signature were affixed hereto, and may be relied upon by the Parties hereto. 6. This Stipulation shall not be modified, terminated, or vacated without the written consent of all Parties or further order of the Court. 7. This Stipulation shall survive confirmation of the Plan and shall be recognized by any trustee subsequently appointed to administer the Debtors’ estates. 8. Each individual who signs this Stipulation on behalf of a Party represents and warrants that he or she has been duly authorized to sign this Stipulation on behalf of that Party and has the authority to bind it to the terms and conditions contained in this Stipulation. 9. Except as otherwise specifically provided for herein, nothing contained in this Stipulation shall create any rights, remedies or defenses in favor of any person or entity that is not a Party to this Stipulation. 10. Notwithstanding the applicability of Bankruptcy Rule 4001(a)(3), the terms and provisions of this Stipulation immediately shall be effective and enforceable upon the Effective Date and shall thereafter be binding upon the Parties hereto and their respective affiliates and successors.

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11. The Court shall retain jurisdiction to resolve any disputes or controversies arising from this Stipulation. [Signature Page to Follow]

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IN WITNESS HEREOF, the Parties have executed, or caused this Stipulation to be executed, by their duly authorized representatives as of the date set forth above. KLESTADT WINTERS JURELLER MINTZ & GOLD, LLP SOUTHARD & STEVENS LLP By: /s/ Andrew R. Gottesman____ By: /s/ Kathleen Aiello Andrew R. Gottesman, Esq. Kathleen Aiello, Esq. 600 Third Avenue, 25th Floor 200 West 41st Street, 17th Floor New York, NY 10016 New York, NY 10036 Tel.: (212) 696-4848 Tel.: (646) 998-7530 gottesman@mintzandgold.com kaiello@klestadt.com Counsel for the Debtors Counsel for 175 East 74th Corporation THOMPSON COBURN HAHN & HESSEN LLP2 By: /s/ Mark S. Indelicato___ Mark S. Indelicato, Esq. 488 Madison Avenue New York, NY 10022 Tel.: (212) 478-7200 mindelicato@hahnhessen.com Counsel for the Official Committee of Unsecured Creditors IT IS SO ORDERED: Dated: New York, New York , 2021 HON. MICHAEL E. WILES UNITED STATES BANKRUPTCY JUDGE 2 On July 1, 2021, Hahn & Hessen LLP became Thompson Coburn Hahn & Hessen LLP and intends on filing an application seeking approval of its retention as successor to Hahn & Hessen LLP shortly.

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