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Full title: Order Regarding Trustee's Motion for Order (I) Approving Omnibus Claim Objection Procedures and (II) Finally Resolving Interest Rate Applicable to Certain Claims (Related Doc # 557). Signed on 6/4/2021. (rsal) (Entered: 06/04/2021)

Document posted on Jun 3, 2021 in the bankruptcy, 4 pages and 0 tables.

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This Court, having duly considered the Motion and the record before it finds and concludes2 that: (i) this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; (ii) the Motion constitutes a core proceeding pursuant to 28 U.S.C. § 157(b)(2), as to which this Court may enter a final order consistent with Article III of the United States Constitution; (iii) venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and (iv) for the reasons stated on the record at the hearing held June 2, 2021 (the "Hearing"), good and sufficient cause exists for granting the Motion as set forth herein, and, as so modified, the relief requested by the Trustee is in the best interests of the 1 Capitalized terms not defined herein have the meaning attributed to them in the First Amended Joint Combined Chapter 11 Plan and Disclosure Statement of Veterinary Care, Inc. and TVET Management, Accordingly, based upon the foregoing, it is hereby: ORDERED that the Motion is GRANTED as set forth herein; it is further ORDERED that, pursuant to Rule 3007 of the Federal Rule of Bankruptcy Procedure ("Bankruptcy Rules"), and Rule 3007-1 of this Court's Local Rules of Bankruptcy Procedure ("Local Rules"), the Trustee is authorized to file omnibus objections to claims and interests regarding the following objection categories in addition to those set forth in Bankruptcy Rule 3007: (a) claims that have been paid by or assumed by a third party, such as but not limited to Destination Pet, LLC, the purchaser of substantially all of the Debtor's operating assets; (b) claims that fail to specify the asserted claim amount (or only list the claim amount as "unliquidated"); (c) claims and/or interests that conflict with the Debtors' books and records; and (d) claims that fail to sufficiently specify the basis for the claim or fail to provide sufficient supporting documentation; it is further ORDERED that such omnibus claim objections shall otherwise comply with the requirements of Bankruptcy Rule 3007(e); it is further the interest rate for unpaid post-petition interest payable on account of all other Allowed Class 4 General Unsecured Claims under the Plan, excluding Sellers’ Notes, is the federal post-judgment rate in effect at the time of the Confirmation Hearing, which is one-tenth of one percent (0.10%); it is further ORDERED that all Allowed Class 4 General Unsecured Claims shall accrue unpaid, post-petition interest at the applicable rate set forth immediately above for purposes of distributions under the Plan, from and after VCI's October 10, 2019 bankruptcy petition date at least until the date that is three (3) business days prior to the date on which the Trustee issues the corresponding distribution(s); it is further All post-petition interest claimed on account of any Class 4 Allowed General Unsecured Claim under the Plan to the extent in exce

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ENTERED 06/04/2021 In re: § § Jointly Administered VETERINARY CARE, INC. d/b/a § VITALPET, et al., § Case No. 19-35736 § (Chapter 11) Debtors. § ORDER REGARDING TRUSTEE'S MOTION FOR ORDER (I) APPROVING OMNIBUS CLAIM OBJECTION PROCEDURES AND (II) FINALLY RESOLVING INTEREST RATE APPLICABLE TO CERTAIN CLAIMS Came on for consideration the Trustee's Motion for Order (i) Approving Omnibus Claim Objection Procedures and (ii) Finally Resolving Interest Rate Applicable to Certain Claims (the "Motion")1, filed by John D. Cornwell, in his capacity as the Trustee ("Trustee") of the VitalPet Liquidating Trust ("Liquidating Trust") established in the above styled and numbered chapter 11 bankruptcy case (the "Bankruptcy Case"). This Court, having duly considered the Motion and the record before it finds and concludes2 that: (i) this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; (ii) the Motion constitutes a core proceeding pursuant to 28 U.S.C. § 157(b)(2), as to which this Court may enter a final order consistent with Article III of the United States Constitution; (iii) venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and (iv) for the reasons stated on the record at the hearing held June 2, 2021 (the "Hearing"), good and sufficient cause exists for granting the Motion as set forth herein, and, as so modified, the relief requested by the Trustee is in the best interests of the 1 Capitalized terms not defined herein have the meaning attributed to them in the First Amended Joint Combined Chapter 11 Plan and Disclosure Statement of Veterinary Care, Inc. and TVET Management, LLC [Docket No. 442] (the "Plan"). 2 Findings of fact shall be construed as conclusions of law and conclusions of law shall be construed as findings of fact when appropriate. See Fed. R. Bankr. P. 7052.

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Liquidating Trust and its beneficiaries as successors to the Debtors' estates and their creditors. Accordingly, based upon the foregoing, it is hereby: ORDERED that the Motion is GRANTED as set forth herein; it is further ORDERED that, pursuant to Rule 3007 of the Federal Rule of Bankruptcy Procedure ("Bankruptcy Rules"), and Rule 3007-1 of this Court's Local Rules of Bankruptcy Procedure ("Local Rules"), the Trustee is authorized to file omnibus objections to claims and interests regarding the following objection categories in addition to those set forth in Bankruptcy Rule 3007: (a) claims that have been paid by or assumed by a third party, such as but not limited to Destination Pet, LLC, the purchaser of substantially all of the Debtor's operating assets; (b) claims that fail to specify the asserted claim amount (or only list the claim amount as "unliquidated"); (c) claims and/or interests that conflict with the Debtors' books and records; and (d) claims that fail to sufficiently specify the basis for the claim or fail to provide sufficient supporting documentation; it is further ORDERED that such omnibus claim objections shall otherwise comply with the requirements of Bankruptcy Rule 3007(e); it is further ORDERED that the compromise between the Trustee and Dr. Murt Byrne announced on the record at the Hearing is approved, and the interest rate for unpaid post-petition interest payable on account of Dr. Byrne's convertible note claim is one percent (1%) and the interest rate for unpaid post-petition interest applicable to Dr. Byrne's Sellers’ Note3 claim is three percent (3%); it is further ORDERED that, in order to render Allowed Class 4 General Unsecured Claims unimpaired as provided in the Plan: 3 All references to Sellers’ Notes in this Order refer to the Sellers’ Notes as defined in the Plan.

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1. the interest rate for unpaid post-petition interest payable on account of all Allowed Class 4 General Unsecured Claims based on Sellers' Notes is the rate set forth in the contract underlying each such claim; and 2. the interest rate for unpaid post-petition interest payable on account of all other Allowed Class 4 General Unsecured Claims under the Plan, excluding Sellers’ Notes, is the federal post-judgment rate in effect at the time of the Confirmation Hearing, which is one-tenth of one percent (0.10%); it is further ORDERED that all Allowed Class 4 General Unsecured Claims shall accrue unpaid, post-petition interest at the applicable rate set forth immediately above for purposes of distributions under the Plan, from and after VCI's October 10, 2019 bankruptcy petition date at least until the date that is three (3) business days prior to the date on which the Trustee issues the corresponding distribution(s); it is further ORDERED that the foregoing post-petition interest rates and accruals shall apply to all Class 4 Allowed General Unsecured Claims irrespective of any other interest rate asserted in, under, or with respect to, any such claims. All post-petition interest claimed on account of any Class 4 Allowed General Unsecured Claim under the Plan to the extent in excess of the post-petition interest provided for in this Order is hereby DISALLOWED for purposes of the Plan, including as against the Liquidating Trust, and the Trustee need not assert any further objection to contest the post-petition interest rate applicable to any Class 4 General Unsecured Claim or establish the calculation thereof with respect to any such General Unsecured Claim; it is further ORDERED that, nothing in this Order impairs or otherwise adversely impacts the Liquidating Trustee's rights and discretion to compromise, settle, or resolve all other claim-related matters as set forth in, inter alia, Article VII of the Plan and Article IV of the Liquidating Trust

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Agreement consistent with this Order; and for the avoidance of doubt, in the event any future dispute arises regarding the interest rate applicable to any Allowed Class 4 General Unsecured Claim pursuant to this Order, the Trustee may consistent with this Order resolve such dispute, in his sole and absolute discretion, without further order of the Court; and it is further ORDERED that the Court retains jurisdiction to the maximum extent legally permissible to enforce and interpret this Order. Dated ____________________, 2021. JAunueg 0u4s,t 20022, 12019 HON. CHRISTOPHER M. LOPEZ U.S. BANKRUPTCY JUDGE

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