Full title: Order Granting Expedited Relief Authorizing the Debtor to Honor and Continue Certain Customer Programs and Customer Obligations in the Ordinary Course of Business.(Related Doc # 12) (Whitney MNB) (Entered: 01/14/2021)
Document posted on Jan 13, 2021 in the bankruptcy, 3 pages and 0 tables.
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MINNESOTA
Tea Olive I, LLC d/b/a Stock+Field, Case No.: 21-30037
Chapter 11 Case
ORDER (I) GRANTING EXPEDITED RELIEF AND (II) AUTHORIZING THE DEBTOR TO HONOR AND CONTINUE CERTAIN CUSTOMER PROGRAMS AND
CUSTOMER OBLIGATIONS IN THE ORDINARY COURSE OF BUSINESS
This case is before the court on the Motion for Order (I) Granting Expedited Relief and (II) Authorizing the Debtor to Honor and Continue Certain Customer Programs and Customer Obligations in the Ordinary Course of Business (the “Motion”) filed by the above-captioned debtor (the “Debtor”). Based on the Motion and the record,
IT IS ORDERED:
1. The request for expedited relief is granted.
2. The Debtor is authorized, but not directed, to maintain and administer, in theordinary course of business and in a manner consistent with past practices, the customer programs and practices identified in the Motion and to honor obligations arising from the customer programs in the ordinary course of business.
3. The Debtor is authorized, but not directed, to provide the Ag Plus rebatemerchandise credit checks to members for purchases through the Ag Plus program in 2020, but the merchandise credit checks shall only be redeemable in the first 30 days after January 10, 2021 (the “Filing Date”).
NOTICE OF ELECTRONIC ENTRY AND
FILING ORDER OR JUDGMENT
4. The Debtor is authorized, but not directed, to honor the automatic redemption of points for gift cards and any gift cards previously issued through the Stock+Field Mastercard Program through the Filing Date, but any gift cards issued through the Stock+Field Mastercard Program shall be subject to the same restrictions contained in paragraph 5 of this order.
5. The Debtor is authorized, but not directed, to continue to honor all outstanding gift cards in the ordinary course of its business for the first 30 days after the Filing Date.
6. The Debtor is authorized, but not directed, to continue to issue refunds for all purchases made prior to the Filing Date that would otherwise qualify for a refund if the request for a refund is made during the first 30 days after the Filing Date and the receipt is not marked as “All Sales are Final.”
7. The credit card companies and processors that provide services to the Debtor is authorized to setoff refunds against payments or reserve deposits pursuant to 11 U.S.C. § 362(d).
The Debtor is authorized, but not directed, to continue to pay any fees charged by the Debtor’s credit card companies and processors, whether the fees arose prior to the Filing Date, or after.
8. The Debtor is authorized, but not directed, to continue to honor its obligations under all other promotions, discounts, and other pricing incentives, consistent with past practices.
9. The Debtor’s banks and financial institutions are authorized to honor checks presented for payment and all fund transfer requests made by the Debtor, to the extent that sufficient funds are on deposit in the applicable accounts, in accordance with this order and any other order of this court.
10. The Debtor is authorized to issue postpetition checks, or to effect postpetition fund transfer requests, in replacement of any checks or fund transfer requests in connection with the customer programs that are dishonored or rejected.
11. Notwithstanding the relief granted in this order and any actions taken pursuant tosuch relief, nothing in this order shall be deemed (a) an admission as to the validity or priority of any claim against the Debtor or the estate, (b) a waiver of the Debtor’s right to dispute any claim on any grounds, (c) a promise or requirement to pay any claim, (d) an implication or admission that any particular claim is of a type specified or defined in this order or the Motion, (e) a request or authorization to assume any agreement, contract, or lease pursuant to 11 U.S.C. § 365, or (f) a waiver of the Debtor’s rights under the Bankruptcy Code or any other applicable law.
12. Notwithstanding anything to the contrary contained in this order, any paymentmade or to be made under this order, any authorization contained in this order, or any claim for which payment is authorized in this order, shall be subject to any orders of this court approving any use of cash collateral by the Debtor and the budget governing such use of cash collateral.
13. The requirements set forth in Bankruptcy Rule 6003(b) are satisfied.
14. Notwithstanding Bankruptcy Rule 6004(h), the terms and conditions of this ordershall be immediately effective and enforceable upon its entry.
Dated: January 14, 2021
/e/ William J. Fisher
William J. Fisher
United States Bankruptcy Judge