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Full title: Response (related document(s):557 Generic Motion). Filed by Willie Janik, Glenn Peterman, David Fernandez, James H. Kelly, DVM (Patterson, Johnie) (Entered: 05/28/2021)

Document posted on May 27, 2021 in the bankruptcy, 3 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

RESOLVING INTEREST RATE APPLICABLE TO CERTAIN CLAIMS TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE: COMES NOW, James Kelly, David Fernandez, Glenn Peterman and Willie Janik, unsecured creditors (“Creditors”), and file this Response To Trustee’s Motion For Order (I)As to the Trustee’s request to the Court to finally resolve and determine the interest rate applicable to unsecured claims, the Creditors disagree with the position taken by the Trustee – that the federal judgment rate is applicable. Its application is similarly Page - 1 claims is unimpaired if the plan “leaves unaltered the legal, equitable, and contractual rights to which such claim or interest entitles the holder of such claim or interest”)(emphasis added). WHEREFORE, the Creditors request the Court to enter an Order approving the Trustee’s requested Omnibus Procedures, setting the appropriate interest rate according to state law on the claims, and to grant them such other and further relief, at law or in equity, to which they may be entitled.CERTIFICATE OF SERVICE I, Johnie Patterson, hereby certify that a true and correct copy of the foregoing Response was sent to Trustee’s cpounsel Jay Ong, and to all parties-in-interest receiving electronic notice pursuant to the Courts CM/ECF system on May 28, 2021.

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HOUSTON DIVISION IN RE: § § Veterinary Care, Inc. § CASE NO. 19-35736 DEBTOR § § Chapter 11 (Jointly Administered) RESPONSE TO TRUSTEE’S MOTION FOR ORDER (I) APPROVING OMNIBUS CLAIM OBJECTION PROCEDURES AND (II) FINALLY RESOLVING INTEREST RATE APPLICABLE TO CERTAIN CLAIMS TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE: COMES NOW, James Kelly, David Fernandez, Glenn Peterman and Willie Janik, unsecured creditors (“Creditors”), and file this Response To Trustee’s Motion For Order (I) Approving Omnibus Claim Objection Procedures And (II) Finally Resolving Interest Rate Applicable To Certain Claims and in support would respectfully show as follows: 1. The Creditors have no objection to the Trustee’s request for Omnibus Claim Objection Procedures. 2. As to the Trustee’s request to the Court to finally resolve and determine the interest rate applicable to unsecured claims, the Creditors disagree with the position taken by the Trustee – that the federal judgment rate is applicable. 3. Creditors are unimpaired under the confirmed plan. There is currently a surplus in the estate. 4. As unimpaired creditors in a solvent estate, they are entitled to their contractual rate of interest, as determined under state law, both pre-and post-petition. In re Ultra Petroleum Corp., 624 B.R. 178, 201 (Bankr. S.D. Tex. 2020) (“The solvent-debtor exception . . . does not lend itself to whimsical application by the courts. It is triggered when one concrete fact exists: the estate’s assets exceed its liabilities. Its application is similarly Page - 1

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claims is unimpaired if the plan “leaves unaltered the legal, equitable, and contractual rights to which such claim or interest entitles the holder of such claim or interest”)(emphasis added). 5. While the appropriate result may work a hardship on the Trustee, that is not sufficient to deny the Creditors payment of their claims in full prior to equity receiving a distribution. WHEREFORE, the Creditors request the Court to enter an Order approving the Trustee’s requested Omnibus Procedures, setting the appropriate interest rate according to state law on the claims, and to grant them such other and further relief, at law or in equity, to which they may be entitled. Dated: May 28, 2021 Respectfully submitted, By: /s/ Johnie Patterson Johnie Patterson COUNSEL FOR KELLY, FERNANDEZ, PETERMAN AND JANIK SBN 15601700 OF COUNSEL: WALKER & PATTERSON, P.C. P.O. Box 61301 Houston, TX 77208 (713) 956-5577 (telephone) (713) 956-5570 (fax) CERTIFICATE OF SERVICE I, Johnie Patterson, hereby certify that a true and correct copy of the foregoing Response was sent to Trustee’s cpounsel Jay Ong, and to all parties-in-interest receiving electronic notice pursuant to the Courts CM/ECF system on May 28, 2021. By: /s/ Johnie Patterson Johnie Patterson Page - 2

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