HTML Document View

Full title: Order Sustaining Trustee's Fourth Omnibus Objection to Claims That are Unliquidated (Related document(s): 581 Objection to Claim). Signed on 8/9/2021. (rsal) (Entered: 08/09/2021)

Document posted on Aug 8, 2021 in the bankruptcy, 2 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

d/b/a § VITALPET, et al., § Case No. 19-35736 § (Chapter 11) § ORDER SUSTAINING TRUSTEE’S FOURTH OMNIBUS Came on for consideration the Fourth Omnibus Objection to Claims That are Unliquidated (the “Objection”)1, filed by John D. Cornwell, in his capacity as the Trustee of the VitalPet Liquidating Trust, appointed and established by this Court in the above styled and numbered chapter 11 bankruptcy case.Having considered the Objection and the record before it, the Court finds and concludes2 that: (i) this Court has jurisdiction over the Objection and underlying claims pursuant to 28 U.S.C. §§ 157 and 1334; (ii) the Objection 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) notice thereof was proper and sufficient and no further notice of the Objection is required; (iv) no opposition to the relief requested therein appears on the Court’s docket; and that (v) for the reasons stated in the Objection good cause exists to grant such relief in the best interests of the Trust and its beneficiaries, as successors to the Debtors’ estates and their creditors.Accordingly, it is hereby— ORDERED that the Objection is SUSTAINED, and the Objectionable Claims listed on Exhibit “A” attached hereto are hereby, entirely DISALLOWED and expunged for all purposes.

List of Tables

Document Contents

ENTERED August 09, 2021 IN THE UNITED STATES BANKRUPTCY COURT Nathan Ochsner, Cler FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: § § Jointly Administered VETERINARY CARE, INC. d/b/a § VITALPET, et al., § Case No. 19-35736 § (Chapter 11) Debtors. § ORDER SUSTAINING TRUSTEE’S FOURTH OMNIBUS OBJECTION TO CLAIMS THAT ARE UNLIQUIDATED Came on for consideration the Fourth Omnibus Objection to Claims That are Unliquidated (the “Objection”)1, filed by John D. Cornwell, in his capacity as the Trustee of the VitalPet Liquidating Trust, appointed and established by this Court in the above styled and numbered chapter 11 bankruptcy case. Having considered the Objection and the record before it, the Court finds and concludes2 that: (i) this Court has jurisdiction over the Objection and underlying claims pursuant to 28 U.S.C. §§ 157 and 1334; (ii) the Objection 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) notice thereof was proper and sufficient and no further notice of the Objection is required; (iv) no opposition to the relief requested therein appears on the Court’s docket; and that (v) for the reasons stated in the Objection good cause exists to grant such relief in the best interests of the Trust and its beneficiaries, as successors to the Debtors’ estates and their creditors. Accordingly, it is hereby— ORDERED that the Objection is SUSTAINED, and the Objectionable Claims listed on Exhibit “A” attached hereto are hereby, entirely DISALLOWED and expunged for all purposes. AAuugguusts 0t 90,2 2, 0220119 1 Capitalized terms used and not otherwise defined herein have those same definitions as are set forth in the Objection. 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.

1

Claims Filed or Scheduled as Unliquidated or Unknown Claim Ref. Date Claimant Case No. Classification Claim Amount Pages2 No. No.1 Filed Complete Lic Veterinary Services PLLC Sched. D Secured Unknown 4 – 5 De Lage Landen Sched. D Secured Unknown 4 – 5 Hennessey-Seabolt Inc. Sched. D Secured Unknown 4 – 5 Rye Hill Properties Sched. D Secured Unknown 4 – 5 Sharp Business Systems (ABM) Sched. D Secured Unknown 4 – 5 Spillers, Robert Sched. D Secured Unknown 4 – 5 The Travelers Indemnity Company and Its Property Casualty 61-1 19-35736 92 4/21/2020 Unsecured Unliquidated 4 – 5 Insurance Affiliates The Travelers Indemnity Company and Its Property Casualty 63-1 19-35736 94 4/21/2020 Unsecured Unliquidated 4 – 5 Insurance Affiliates TIAA Commercia Finance, Inc. Sched. D Secured Unknown 4 – 5 Veterinary Emergency Center Sched. D Secured Unknown 4 – 5 Wells Fargo Leasing Sched. D Secured Unknown 4 – 5 1 Ref. No. refers to the claim reference number assigned to each claim in the claims register maintained by the official claims agent, Donlin Recano & Company, Inc. Copies of claims listed by Ref. No. are available at https://www.donlinrecano.com/Clients/vci/ClaimsSearch. 2 This column provides a cross reference to the pages of the omnibus objection setting forth the grounds for the objection. Fed. R. Bankr. P. 3007(e)(3).

2