HTML Document View

Full title: BNC Certificate of Notice - Order No. of Notices: 2. Notice Date 09/25/2021. (Admin.)

Document posted on Sep 24, 2021 in the bankruptcy, 7 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Case No: 21-16520-JNP Caption of Order: Order Granting Motion of Debtor Aluminum Shapes, L.L.C. Prohibiting Utility Companies from Discontinuing Services, Establishing Procedures for Determining Adequate Assurances and Related Relief AND NOW, upon consideration of the Debtor’s Motion (the “Motion”)1 pursuant to sections 105(a), 366 of Title 11 of the United States Code (the “Bankruptcy Code”), (a) prohibiting the Debtor’s utility service providers, including, but not limited to the Utility Companies listed on Exhibit “A”2 attached to the Motion, from altering, refusing, or discontinuing services on account of outstanding prepetition claims, and (b) establishing procedures for determining requests for additional adequate assurances of payment for future utility services, and any responses to the Motion, and after notice and hearing, and the Debtor having resolved any disputes with PSE&G pursuant to a consent order (DI #82) and the Debtor having resolved any disputes with Energy Power Investment Company, LLC pursuant to the terms of the Interim Order on the Motion (DI #43), it is hereby ORDERED and DECREED as follows: 1. Case No: 21-16520-JNP Caption of Order: Order Granting Motion of Debtor Aluminum Shapes, L.L.C. Prohibiting Utility Companies from Discontinuing Services, Establishing Procedures for Determining Adequate Assurances and Related Relief utility services in the ordinary course.To the extent the Bankruptcy Code allows and unless otherwise agreed by the Debtor and Utility Company, any deposits, bonds, letters of credit or other assurances of payment that were in place prior to the Petition Date shall remain in place and shall continue to be held by each Utility Company holding the same, except upon the entry of further order of this Court. Case No: 21-16520-JNP Caption of Order: Order Granting Motion of Debtor Aluminum Shapes, L.L.C. Prohibiting Utility Companies from Discontinuing Services, Establishing Procedures for Determining Adequate Assurances and Related Relief first-class mail, postage prepaid, no later than five (5) business days after the entry of this Order.Case No: 21-16520-JNP Caption of Order: Order Granting Motion of Debtor Aluminum Shapes, L.L.C. Prohibiting Utility Companies from Discontinuing Services, Establishing Procedures for Determining Adequate Assurances and Related Relief the authority granted by this Order is intended to be or shall be construed as (i) an admission as to the validity of any claim against the Debtor, (ii) a waiver of the Debtor’s or any party-in-interest’s rights to dispute any claim, or (iii) an approval or assumption of any agreement, contract, program, policy, or lease under section 365 of the Bankruptcy Code.

List of Tables

Document Contents

Table 1 on page 1. Back to List of Tables
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY
Caption in Compliance with D.N.J. LBR 9004-1(b)
OBERMAYER REBMANN MAXWELL & HIPPEL LLP
Edmond M. George, Esquire
Michael D. Vagnoni, Esquire
(pro hac vice pending)
Turner N. Falk, Esquire
1120 Route 73, Suite 420
Mount Laurel, NJ 08054-5108
Telephone: (856) 795-3300
Facsimile: (856) 482-0504
E-mail: edmond.george@obermayer.com
michael.vagnoni@obermayer.com
turner.falk@obermayer.com

Proposed Counsel to the Debtor
and Debtor in Possession
In re:

ALUMINUM SHAPES, L.L.C.,

Debtor.
FINAL ORDER PURSUANT TO 11 U.S.C. §§ 105, 366 PROHIBITING UTILITIES FROM ALTERING, REFUSING OR DISCONTINUING SERVICES ON ACCOUNT OF PREPETITION CLAIMS AND ESTABLISHING PROCEDURES FOR DETERMINING REQUESTS FOR ADDITIONAL ADEQUATE ASSURANCE The relief set forth on the following pages, numbered two (2) through five (5) is hereby ORDERED. DATED: September 23, 2021 4836-2482-1500.v1-9/23/21

1

Case No: 21-16520-JNP Caption of Order: Order Granting Motion of Debtor Aluminum Shapes, L.L.C. Prohibiting Utility Companies from Discontinuing Services, Establishing Procedures for Determining Adequate Assurances and Related Relief AND NOW, upon consideration of the Debtor’s Motion (the “Motion”)1 pursuant to sections 105(a), 366 of Title 11 of the United States Code (the “Bankruptcy Code”), (a) prohibiting the Debtor’s utility service providers, including, but not limited to the Utility Companies listed on Exhibit “A”2 attached to the Motion, from altering, refusing, or discontinuing services on account of outstanding prepetition claims, and (b) establishing procedures for determining requests for additional adequate assurances of payment for future utility services, and any responses to the Motion, and after notice and hearing, and the Debtor having resolved any disputes with PSE&G pursuant to a consent order (DI #82) and the Debtor having resolved any disputes with Energy Power Investment Company, LLC pursuant to the terms of the Interim Order on the Motion (DI #43), it is hereby ORDERED and DECREED as follows: 1. The Motion is GRANTED to the extent set forth herein. 2. The Debtor is authorized to pay on a timely basis all undisputed invoices with respect to post-petition Utility Services rendered by the Utility Companies. 3. Absent any further order of this Court, no Utility Company shall (a) alter, refuse, or discontinue service to, or discriminate against the Debtor, solely on the basis of the commencement of this case or on account of any unpaid amount for utility service provided prior to the Petition Date, or (b) discontinue service on account of any unpaid prepetition charges or require additional adequate assurance of payment other than the Debtor’s ability to pay for future 1 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Motion. 2 Nothing contained in Exhibit “A” shall constitute an admission by the Debtor that an entity contained in such nonexclusive list is a utility entitled to the protections afforded by section 366 of the Bankruptcy Code or any other provision of the Bankruptcy Code. 4836-2482-1500.v1-9/23/21

2

Case No: 21-16520-JNP Caption of Order: Order Granting Motion of Debtor Aluminum Shapes, L.L.C. Prohibiting Utility Companies from Discontinuing Services, Establishing Procedures for Determining Adequate Assurances and Related Relief utility services in the ordinary course. 4. The Debtor may, in the exercise of its business judgment, make additional deposits with Utility Companies, or by agreement with the Utility Company, apply any prepetition deposits, bonds, letters of credit or other assurances of payment to any amount due or that may become due in order to provide assurance of payment. 5. To the extent the Bankruptcy Code allows and unless otherwise agreed by the Debtor and Utility Company, any deposits, bonds, letters of credit or other assurances of payment that were in place prior to the Petition Date shall remain in place and shall continue to be held by each Utility Company holding the same, except upon the entry of further order of this Court. This paragraph shall not apply to PSE&G. 6. This Order is without prejudice to the rights of any Utility Company to request from the Debtor additional assurance in the form of deposits or other security, provided however, that any such request must (a) be made in writing and (b) include a summary of the Debtor’s monthly usage and payment history relevant to the affected account. 7. Any Utility Company having made a request for additional adequate assurance of payment shall be deemed to have adequate assurance of payment until the Court enters a final order in connection with such a request finding that the Utility Company is not adequately assured of future payment. 8. The Debtor shall serve a copy of the Motion (if not already served) and this Order and any other orders entered with respect to the Motion (the “Notice Package”) upon each of the Utility Companies listed on Exhibit A attached to the Motion at the addresses listed thereon, by 4836-2482-1500.v1-9/23/21

3

Case No: 21-16520-JNP Caption of Order: Order Granting Motion of Debtor Aluminum Shapes, L.L.C. Prohibiting Utility Companies from Discontinuing Services, Establishing Procedures for Determining Adequate Assurances and Related Relief first-class mail, postage prepaid, no later than five (5) business days after the entry of this Order. 9. Any utility company that is not currently listed on Exhibit A to the Motion, but subsequently identified by the Debtor, shall be served with the Motion and any orders entered with respect thereto and shall be afforded thirty (30) days from the date of service of the Notice Package to such utility company to make a Request. 10. Substantially contemporaneously with such service, the Debtor shall file with the Court a supplement to Exhibit A adding the name of the utility company or companies so served and not listed on the Exhibit A attached to the Motion, and this Order shall be deemed to apply to such utility company or companies from the date of such service, subject to a later order of this Court on a motion for determination of adequate assurance, if any. 11. Nothing in this Order or the Motion shall be deemed to affect any burden of proof that either the Debtor or any Utility Company may have in a Determination Hearing or to confer upon the Utility Companies listed in Exhibit A to the Motion the status of a “utility” within the meaning of section 366 of the Bankruptcy Code. 12. Notwithstanding anything contained in the Motion or this Order, any payment, obligation or other relief authorized by this Order shall be subject to and limited by the applicable DIP financing budget and/or cash collateral authorization requirements imposed on the Debtor under the terms of any orders authorizing the incurrence of postpetition financing and/or the use of cash collateral, or any approved budget in connection therewith, entered by this Court in this chapter 11 case. 13. Nothing contained in the Motion or this Order or any payment made pursuant to 4836-2482-1500.v1-9/23/21

4

Case No: 21-16520-JNP Caption of Order: Order Granting Motion of Debtor Aluminum Shapes, L.L.C. Prohibiting Utility Companies from Discontinuing Services, Establishing Procedures for Determining Adequate Assurances and Related Relief the authority granted by this Order is intended to be or shall be construed as (i) an admission as to the validity of any claim against the Debtor, (ii) a waiver of the Debtor’s or any party-in-interest’s rights to dispute any claim, or (iii) an approval or assumption of any agreement, contract, program, policy, or lease under section 365 of the Bankruptcy Code. 14. Notwithstanding entry of this Order, nothing herein shall create, nor is intended to create, any rights in favor of, or enhance the status of, any claim held by any party. 15. This Court retains jurisdiction to construe and enforce this Order. 16. The Debtor is hereby authorized and empowered to take such steps and perform such acts as may be necessary to effectuate the terms of this Order. 17. Notwithstanding Bankruptcy Rule 6003 this Order shall be effective and enforceable immediately upon entry; The Court expressly finds that there is no reason for delay in the implementation of this Order. 4836-2482-1500.v1-9/23/21

5

District of New Jersey re: Case No. 21-16520-JNP uminum Shapes, L.L.C. Chapter 11 Debtor CERTIFICATE OF NOTICE strict/off: 0312-1 User: admin Page 1 of 2 te Rcvd: Sep 23, 2021 Form ID: pdf903 Total Noticed e following symbols are used throughout this certificate: bol Definition Addresses marked '+' were corrected by inserting the ZIP, adding the last four digits to complete the zip +4, or replacing an incorrect ZIP. USPSregulations require that automation-compatible mail display the correct ZIP. tice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on Sep 25, 2021: cip ID Recipient Name and Address + Aluminum Shapes, L.L.C., 9000 River Road, Delair, NJ 08110-3204+ Michael D Vagnoni, Obermayer Rebmann Maxwell & Hippel, LLP, 1120 Route 73, Suite 420, Mount Laurel, NJ 08054-5109TAL: 2 tice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center. ctronic transmission includes sending notices via email (Email/text and Email/PDF), and electronic data interchange (EDI). NE BYPASSED RECIPIENTS e following addresses were not sent this bankruptcy notice due to an undeliverable address, *duplicate of an address listed above, *P duplicate of aferred address, or ## out of date forwarding orders with USPS. NE NOTICE CERTIFICATION Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entitiesthe manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information alief. eeting of Creditor Notices only (Official Form 309): Pursuant to Fed .R. Bank. P.2002(a)(1), a notice containing themplete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy containse redacted SSN as required by the bankruptcy rules and the Judiciary's privacy policies. te: Sep 25, 2021 Signature: /s/Joseph Speetjens CM/ECF NOTICE OF ELECTRONIC FILING e following persons/entities were sent notice through the court's CM/ECF electronic mail (Email) system on September 23, 2021 at the address(es) listeow: me Email Address drew Katz on behalf of Defendant Martin J. Walsh katz.andrew@dol.gov thony B. Stumbo on behalf of Creditor Tiger Finance LLC astumbo@riemerlaw.comvid L. Deratzian on behalf of Unknown Role Type Nathan H. Kelman Inc. david@employmentlaw-lv.comuglas J. Smillie on behalf of Creditor Talen Energy Marketing LLC dsmillie@flblaw.com, ccharlton@flblaw.commond M. George on behalf of Plaintiff Aluminum Shapes L.L.C. edmond.george@obermayer.com,michael.vagnoni@obermayer.com;Lucille.acello@obermayer.com;helen.belair@obermayer.com;turner.falk@obermayer.com;ceen.schmidt@obermayer.com

6

te Rcvd: Sep 23, 2021 Form ID: pdf903 Total Noticed mond M. George on behalf of Debtor Aluminum Shapes L.L.C. edmond.george@obermayer.com,michael.vagnoni@obermayer.com;Lucille.acello@obermayer.com;helen.belair@obermayer.com;turner.falk@obermayer.com;ceen.schmidt@obermayer.com nklin Barbosa, Jr on behalf of Creditor Tiger Finance LLC fbarbosa@mccarter.comgory Peterson on behalf of Creditor UGI Energy Services Inc. gpeterson@dyerpeterson.comfrey M. Sponder on behalf of U.S. Trustee U.S. Trustee jeffrey.m.sponder@usdoj.gov jeffrey.m.sponder@usdoj.govn R. Morton, Jr. on behalf of Creditor Ford Motor Credit Company LLC ecfmail@mortoncraig.com mortoncraigecf@gmail.comdan Seth Blask on behalf of Creditor Cygnus Manufacturing Company jblask@fbtlaw.com agilbert@fbtlaw.com;agilbert@ecf.courtdrive.comeph Lubertazzi, Jr. on behalf of Creditor Tiger Finance LLC jlubertazzi@mccarter.comeph J. DiPasquale on behalf of Attorney Official Committee of Unsecured Creditors Jdipasquale@foxrothschild.com cbrown@foxrothschild.comeph S. D'amico, Jr. on behalf of Creditor Public Service Electric and Gas Company jsdamico@flblaw.com eph S. D'amico, Jr. on behalf of Creditor Talen Energy Marketing LLC jsdamico@flblaw.comrl N. McConnell on behalf of Creditor Merchantville-Pennsauken Water Commission kmcconnell@mpwc.com jhershey@mpwc.comrtha Baskett Chovanes on behalf of Attorney Official Committee of Unsecured Creditors mchovanes@foxrothschild.com rsolomon@foxrothschild.com;brian-oneill-fox-5537@ecf.pacerpro.comchael Kwiatkowski on behalf of Creditor Public Service Electric and Gas Company mkwiatkowski@cullenanddykman.com mkwiatkowski@msek.com chael J. Viscount, Jr. on behalf of Attorney Official Committee of Unsecured Creditors mviscount@foxrothschild.com rsolomon@foxrothschild.com;ksenese@foxrothschild.com chael R. Herz on behalf of Attorney Official Committee of Unsecured Creditors mherz@foxrothschild.com cbrown@foxrothschild.comer C. Hughes on behalf of Creditor Dilworth Paxson LLP phughes@dilworthlaw.com cct@dilworthlaw.combecca K. McDowell on behalf of Creditor Eastern Lift Truck Co. Inc. rmcdowell@slgcollect.combert W. Keyser on behalf of Creditor BB 316 Investments LLC rkeyser@taylorandkeyser.com ven E. Fox on behalf of Creditor Tiger Finance LLC sfox@riemerlaw.com, dromanik@riemerlaw.comanne Demitrio Campbell on behalf of Defendant Martin J. Walsh campbell.suzanne@dol.gov anne Demitrio Campbell on behalf of Creditor Martin J. Walsh campbell.suzanne@dol.gov rner Falk on behalf of Plaintiff Aluminum Shapes L.L.C. turner.falk@obermayer.com, coleen.schmidt@obermayer.com. Trustee USTPRegion03.NE.ECF@usdoj.gov TAL: 28

7