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Full title: Adversary case 21-01471. Complaint by Official Committee of Unsecured Creditors of Aluminum Shapes, L.L.C. against Equipment Depot Pennsylvania, Inc. d/b/a Equipment Depot. Fee Amount $ 350.. (21 (Validity, priority or extent of lien or other interest in property)) (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Summons) (DiPasquale, Joseph) (Entered: 11/09/2021)

Document posted on Nov 8, 2021 in the bankruptcy, 19 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

On August 15, 2021 (the “Petition Date”), the Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code in the District of New Jersey, Camden Vicinage (the “Bankruptcy Court” or the “Court”).As a result of Equipment Depot’s failure to both execute upon the Judgment and the Lien, and levy upon the Debtor’s Real Property, the Lien is lesser in priority to creditors with superior priority interest in the Debtor’s Assets, including creditors that have executed against the Real Property as of the Petition Date, even if unsatisfied.WHEREFORE, the Committee respectfully requests this Court enter judgment in its favor and against Equipment Depot, avoiding the Lien against the Debtor’s Assets pursuant to section 544(a) of the Bankruptcy Code and providing such other and further relief as the Court deems just and equitable.WHEREFORE, the Committee respectfully requests this Court enter judgment in its favor and against Equipment Depot, avoiding the Lien pursuant to section 547(b) of the Bankruptcy Code and providing such other and further relief as the Court deems just and equitable. Pursuant to section 506(a) of the Bankruptcy Code, “[a]n allowed claim of a creditor secured by a lien on property in which the estate has an interest, or that is subject to setoff under section 553 of this title, is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property, or to the extent of the amount subject to setoff, as the case may be, and is an unsecured claim to the extent that the value of such creditor’s interest or the amount so subject to setoff is less than the amount of such allowed claim.

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UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY
Caption in Compliance with D.N.J. LBR 9004-1(b)
FOX ROTHSCHILD LLP
1301 Atlantic Avenue
Midtown Building, Suite 400
Atlantic City, NJ 08401-7212
Michael J. Viscount, Esq.
Martha B. Chovanes, Esq.
Joseph J. DiPasquale, Esq.
Michael R. Herz, Esq.
mviscount@foxrothschild.com
mchovanes@foxrothschild.com
jdipasquale@foxrothschild.com
mherz@foxrothschild.com
Telephone: (609) 348-4515
Facsimile: (609) 348-6834

Counsel to the Official Committee of Unsecured
Creditors
In re:

ALUMINUM SHAPES, L.L.C.,

Debtor.
ALUMINUM SHAPES, L.L.C.,

Plaintiff,

v.

EQUIPMENT DEPOT PENNSYLVANIA, INC.
D/B/A EQUIPMENT DEPOT

Defendant.
The Official Committee of Unsecured Creditors (the “Committee” or “Plaintiff”) for Aluminum Shapes, L.L.C. (the “Debtor”), by and through its counsel, Fox Rothschild LLP, brings this adversary proceeding complaint against the Defendant and Creditor,

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Equipment Depot Pennsylvania, Inc. d/b/a Equipment Depot (“Equipment Depot” or the “Defendant” or the “Creditor”), and states as follows: PRELIMINARY STATEMENT 1. This adversary proceeding is commenced by the Committee, pursuant to §§ 502, 506, 544, and 547 of title 11 of the United States Code, 11 U.S.C. §§ 101, et seq. (as amended, the “Bankruptcy Code”), and Rules 7001(2) and (8) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). 2. This adversary proceeding arises from Equipment Depot’s failure to properly levy upon a judgment it obtained in the Superior Court of New Jersey, Camden County. 3. Equipment Depot’s failure to properly levy renders the Lien created by that judgment avoidable pursuant to sections 502, 506, 544, and 547 of the Bankruptcy Code. 4. Accordingly, the Committee requests avoidance of the Lien, a determination that Equipment Depot’s claim is unsecured, and related relief. I. PARTIES 5. The Debtor, Aluminum Shapes, L.L.C., is a limited liability company doing business in New Jersey, with an address at 9000 River Road, Delair, New Jersey 08110. 6. Upon information and belief, Equipment Depot is a Pennsylvania corporation with an address at 741 Independence Avenue, Mechanicsburg, Pennsylvania 17055. 7. The Committee is a statutory committee of unsecured creditors, which was appointed by the Office of the United States Trustee for Region 3 on September 1, 2021 pursuant to section 1102(a)(1) of the Bankruptcy Code [Docket No. 77]. The members of the Committee are: (i) Indigo Global, LLP; (ii) PSE&G; (iii) Nathan H. Kelman, Inc., (iv) Energy Power Investment Company, LLC (EPIQ); and (v) Southeastern Extrusion & Tool, Inc.

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II. JURISDICTION AND VENUE 8. This Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. §§ 157(b)(1) and 1334(b) and (e). This adversary proceeding is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F), (H), (O), and (K). 9. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334, and Sections 502, 506, 544 and 547 of the Bankruptcy Code. 10. Venue is proper in this district pursuant to 28 U.S.C. §§ 1408 and 1409. 11. This adversary proceeding is initiated under Bankruptcy Rule 7001(2) and (8) for avoidance and recovery, determination of secured status, bifurcation, and related relief pursuant to sections 502, 506, 544 and 547 of the Bankruptcy Code. 12. Pursuant to a stipulation between the Debtor and the Committee dated November 8, 2021, the Debtor has granted the Committee standing to assert the claims in this adversary proceeding against the Defendant. 13. The Committee consents to the entry of a final order by this Court in the event that, absent such consent, this Court does not possess the authority to enter a final order pursuant to Article III of the Constitution. III. BACKGROUND The Debtor’s Business and Bankruptcy 14. According to the Debtor’s first day filings, the Debtor is an industry leader in the fabrication, processing, and extruding of aluminum metals for use in, inter alia, the swimming pool, trucking, trailer, and outdoor storage industries (the “Business”). See First Day Declaration of Jordan Meyers in Support of First Day Motions. (Bkr. D.I. #17). 15. The Debtor owns and operates a single location at 9000 River Road, Delair, New

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Jersey, consisting of approximately 500,000 square feet of industrial space, including a cast house, foundry, and processing area (the “Real Property”). Id. 16. The Debtor also owns machinery, fixtures, and equipment, including a valuable cast house and foundry furnace, several presses, and processing equipment. Id. 17. On June 18, 2021, the Debtor engaged Cowen and Company, LLC (“Cowen”) as investment banker to explore a sale of the Debtor’s Business or Assets (as defined below). 18. The Committee understands that based on market feedback, the Debtor, in consultation with its advisors, determined that continued operation of Debtor’s business was not viable or achievable under the current financial circumstances, and the Debtor decided to sell the Debtor’s business or assets (the “Assets”). 19. On August 15, 2021 (the “Petition Date”), the Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code in the District of New Jersey, Camden Vicinage (the “Bankruptcy Court” or the “Court”). 20. The Debtor continues to operate its business as a debtor-in-possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. 21. No request has been made for the appointment of a trustee or examiner. 22. The Debtor has employed professionals to market and sell the Assets pursuant to a motion to sell, which sale will establish the fair market value of the Assets and the allocation of that value between specific Assets. 23. The Debtor’s Assets will be sold pursuant to the outcome of an auction conducted on or about November 10, 2021. 24. As of the Petition Date, the Debtor had outstanding secured debt obligations in the aggregate principal amount of no less than $9,270,525.89 (the “Prepetition Secured Debt”) to its

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pre-petition secured lender, Tiger Finance, LLC (“Tiger”), pursuant to that Certain Credit Agreement between Tiger and the Debtor dated June 5, 2019 (as subsequently amended1), and term notes issued thereunder. The Prepetition Secured Debt was secured by a first priority lien on all of the Debtor’s Assets. 25. On September 29, 2021, the Court entered a Final Order Pursuant to 11 U.S.C. §§ 105, 361, 362, 363, 364, 503, and 507 and Fed. R. Bankr. P. 2002, 4001, 6003, 6004 and 9014 (I) Authorizing Debtor to Obtain Post-Petition Financing, (II) Granting Liens and Superpriority Claims, (III) Authorizing Use of Cash Collateral, and (IV) Modifying the Automatic Stay (the “Final DIP Order”). (Bkr. D.I. #116). Pursuant to the Final DIP Order, the Debtor was authorized to borrow up to $15,500,000 in debtor-in-possession financing (the “DIP Facility”) from Tiger, including a roll-up of the Prepetition Secured Debt, pursuant to the term of a Senior Secured Super-Priority Debtor-in-Possession Credit Agreement between Tiger and the Debtor, dated August 15, 2021. As security for the DIP Facility, the Final DIP Order provided Tiger with superpriority claims secured by priming, first priority liens on all of the Debtor’s Assets that are “senior and superior in priority to all other secured and unsecured creditors of the Debtor’s estate.” Final DIP Order at ¶ 6. 26. The instant proceeding is intended to inter alia recover transfers to Equipment Depot, determine the secured status of Equipment Depot’s claims, bifurcate claims, and determine the allowance of Equipment Depot’s claims, if any. 2 1 The Credit Agreement was most recently amended by a Seventh Forbearance Agreement and Seventh Amendment to Credit Agreement, dated July 27, 2021. 2 The Debtor has filed other adversary proceeding complaints contemporaneously herewith seeking to avoid certain other liens on similar grounds as set forth herein.

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The Creditor’s Claims 27. Upon information and belief, Equipment Depot is a corporation that sells, services, and rents construction equipment. 28. Prior to the Petition Date, Equipment Depot rented construction equipment to the Debtor for use in the Debtor’s business. 29. On July 10, 2020, Equipment Depot initiated a collections action in the Superior Court of New Jersey, Camden County, Docket Number L-002360-20, for all sums alleged to be due and owing on the underlying debt (the “Pre-Petition Action”). 30. On October 15, 2020, a judgment was entered in the Pre-Petition Action in favor of Equipment Depot and against the Debtor in the amount of $30,039.20 (the “Judgment”).3 31. Pursuant to New Jersey Law, upon entry the Judgment automatically became a lien against all real property in the State of New Jersey currently owned or thereafter acquired by the Debtor (the “Lien” and together with the Judgment, the “Claim”). 32. On November 17, 2020, Equipment Depot requested the issuance of, and the court issued a writ of execution based upon the Judgment (the “Writ”). A true and correct copy of the docket for the Pre-Petition Action is attached as Exhibit “A” hereto. 33. On July 7, 2021, the sheriff of Camden County, New Jersey, served the Writ on the Debtor, levying upon the Lien as to the Debtor’s “business assets and property” only (the “Levy”). A true and correct copy of the Levy is attached as Exhibit “B” hereto. 34. Equipment Depot failed to levy or otherwise execute on the Debtor’s Real Property. 35. On September 20, 2021, Equipment Depot filed a proof of claim against the Debtor’s Bankruptcy estate alleging a $30,329.20 unsecured claim (the “POC”). See POC #34. 3 It appears that the Judgment was docketed a second time May 13, 2021.

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FIRST COUNT AVOIDANCE OF THE LIEN UNDER 11 U.S.C. § 544 36. The Committee incorporates by reference the foregoing paragraphs as if set forth fully herein and at length. 37. Pursuant to section 544(a) of the Bankruptcy Code, the Debtor, as debtor-in-possession, stands in the shoes of a hypothetical creditor who obtains an execution against the Debtor that is returned unsatisfied on the Petition Date. 38. As noted above, the Debtor has granted the Committee standing to bring the claims asserted in this adversary proceeding. 39. Under New Jersey law, a creditor holding an unexecuted levy occupies a lower priority on real property than a creditor who has already executed upon its lien, even if such execution remains unsatisfied. 40. Although real property is subject to execution and levy, neither execution nor levy are automatic upon the entry of a judgment, and require additional affirmative acts for any lien to become perfected. N.J.S.A. §2A:17-17. 41. A writ of execution is not binding until it is delivered to the sheriff of the appropriate county. See N.J.S.A. § 2A:17-10. 42. In execution of the Judgment, Equipment Depot had the Writ issued and had the Levy issued against the Debtor’s “business assets and property”. See Exhibits “A” & “B” attached hereto. 43. Equipment Depot has failed to both execute upon the Judgment and the Lien, and levy upon the Debtor’s Real Property.

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44. As a result of Equipment Depot’s failure to both execute upon the Judgment and the Lien, and levy upon the Debtor’s Real Property, the Lien is lesser in priority to creditors with superior priority interest in the Debtor’s Assets, including creditors that have executed against the Real Property as of the Petition Date, even if unsatisfied. 45. Pursuant to sections 544(a)(1), (2) and (3) of the Bankruptcy Code, the Debtor is vested with the power of an unsatisfied judgment holder that has executed upon the Judgment and the Lien and levied upon the Assets, including the Real Property; and therefore, may avoid the Lien against the Debtor’s Assets. 46. The Lien is an unperfected secured claim, and therefore, is avoidable. WHEREFORE, the Committee respectfully requests this Court enter judgment in its favor and against Equipment Depot, avoiding the Lien against the Debtor’s Assets pursuant to section 544(a) of the Bankruptcy Code and providing such other and further relief as the Court deems just and equitable. SECOND COUNT AVOIDANCE OF THE LEVY UNDER 11 U.S.C. § 547 47. The Committee incorporates by reference the foregoing paragraphs as if set forth fully herein and at length. 48. The Levy occurred within ninety (90) days of the Petition Date, as the Levy was issued against the Debtor’s “business assets and property” on July 7, 2021, thirty-nine (39) days prior to the Petition Date. 49. The Levy was made on account of an antecedent debt.

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50. The Debtor was insolvent at the time of the Levy, as it was not paying its debts as they came due and is presumed to have been insolvent on and during the ninety (90) days immediately preceding the Petition Date pursuant to section 547(f) of the Bankruptcy Code. 51. To the extent Equipment Depot secured the Lien against the Debtor’s “business assets and property,” its position within the preference period renders the Lien against the Debtor’s “business assets and property” avoidable. 52. The Levy enabled Equipment Depot to obtain more than it would have: (i) in a hypothetical chapter 7 liquidation on the Petition Date; (ii) had the Levy not been made; and (iii) if it received payment as otherwise provided under the Bankruptcy Code. 53. Based on the Debtor’s reasonable due diligence, taking into account Equipment Depot’s known or reasonably knowable affirmative defenses under section 547(c) of the Bankruptcy Code, the Levy is avoidable as a preference under Section 547(b) of the Bankruptcy Code. WHEREFORE, the Committee respectfully requests this Court enter judgment in its favor and against Equipment Depot, avoiding the Lien pursuant to section 547(b) of the Bankruptcy Code and providing such other and further relief as the Court deems just and equitable. THIRD COUNT DISALLOWANCE OF PROOF OF CLAIM UNDER 11 U.S.C. § 502(d) 54. The Committee incorporates by reference the foregoing paragraphs as if set forth fully herein and at length. 55. The Court “shall disallow any claim of any entity… that is a transferee of a transfer avoidable under [sections 544 and 547 of Bankruptcy Code]…” 11 U.S.C § 502(d).

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56. Equipment Depot filed the POC in the Debtor’s chapter 11 case based upon the Claim. 57. As Equipment Depot is the recipient of an avoidable transfer; the Judgment and the Lien are avoidable pursuant to sections 544(a) and/or section 547(b) of the Bankruptcy Code. 58. The POC must be disallowed under section 502(d), as Equipment Depot has not returned the avoidable transfer. WHEREFORE, the Committee respectfully requests that the Court enter a judgment in its favor and against Equipment Depot, disallowing the POC pursuant to section 502(d) of the Bankruptcy Code and providing such other and further relief as the Court deems just and equitable. FOURTH COUNT DETERMINATION OF SECURED CLAIM AND BIFURCATION OF CLAIM UNDER 11 U.S.C. §506(a)(1) 59. The Committee incorporates by reference the foregoing paragraphs as if set forth fully herein and at length. 60. Pursuant to section 506(a) of the Bankruptcy Code, “[a]n allowed claim of a creditor secured by a lien on property in which the estate has an interest, or that is subject to setoff under section 553 of this title, is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property, or to the extent of the amount subject to setoff, as the case may be, and is an unsecured claim to the extent that the value of such creditor’s interest or the amount so subject to setoff is less than the amount of such allowed claim. Such value shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor’s interest.” 11 U.S.C § 506(a)(1).

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61. The Claim and Lien are subordinate to the superpriority claims and first priority liens in the Debtor’s Assets held by Tiger. 62. To the extent that the Claim is an allowed secured claim, the Claim must be bifurcated into a secured claim in the amount of the value of that Debtor’s Assets subject to the Lien after accounting for the value of Tiger’s first priority liens and any other superior liens in the Debtor’s Assets, and an unsecured claim for the remainder. WHEREFORE, the Committee respectfully requests that the Court enter a judgment in its favor and against Equipment Depot, bifurcating the Claim into secured and unsecured portions pursuant to section 506(a) of the Bankruptcy Code, and providing such other and further relief as the Court deems just and equitable. FIFTH COUNT LIEN STRIP OF UNSECURED CLAIM UNDER 11 U.S.C. §506(d) 63. The Committee incorporates by reference the foregoing paragraphs as if set forth fully herein and at length. 64. Pursuant to section 506(d)(1) of the Bankruptcy Code, “to the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void.” 11 U.S.C § 506(d)(1). 65. To the extent the Claim is determined to be unsecured, this Court must enter a judgment voiding the Lien. WHEREFORE, the Committee respectfully requests that the Court enter a judgment in its favor and against Equipment Depot, voiding the Lien to the extent the Lien exceeds the value of the allowed secured claim and providing such other and further relief as the Court deems just and equitable.

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Dated: November 9, 2021 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOX ROTHSCHILD LLP /s/ Joseph DiPasquale Joseph J. DiPasquale Michael J. Viscount, Jr. Martha B. Chovanes Michael R. Herz Counsel to the Official Committee of Unsecured Creditors

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Exhibit A

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ber: CAM L-002360-20 tion: Equipment Depot Of P Ennsylvan Vs Aluminum Shape ivil Part Venue: Camden Case Initiation Date: 07/10/2 e: Contract/Commercial Transaction Case Status: Closed Jury Demand: Noneck: 2 Judge: Michael J Kassel Team: 202 Discovery End Date: Current Discovery End Date: # of DED Extensions: 0Arbitration Date: Current Arbitration Date: # of Arb Adjournments: 0Trial Date: Current Trial Date: # of Trial Date Adjournments: on Date: 08/26/2021 Case Disposition: Dismissed By Court Statewide Lien: Without Prejudice nt Depot Of Pennsylvani AKA Equipment Depot scription: Business Attorney Name: Gregory S Sh Line 1: 741 Independence Ave. Address Line 2: Attorney Bar ID: 038922005hanicsburg State: PA Zip: 17055 Phone: (484) 843-1554 Email: GSHIELDS@GSHIELDSLAW.COM ts Shapes, Llc scription: Business Attorney Name: Mathieu J Sh Line 1: 9000 River Road Address Line 2: Attorney Bar ID: 048241995ir State: NJ Zip: 08110 Phone: Email: MATHIEU.SHAPIRO@OBERMAYER.COM ions
Table 1 on page 14. Back to List of Tables
e Docket Text Transaction ID Entry Date
0 Complaint for CAM-L-002360-20 submitted by SHIELDS, GREGORY S, GREGORY S.
SHIELDS, LLC on behalf of EQUIPMENT DEPOT OF PENNSYLVANI against
ALUMINUM SHAPES, LLC
LCV20201202582 07/10/2020
0 TRACK ASSIGNMENT Notice submitted by Case Management LCV20201207155 07/11/2020
0 TRACK ASSIGNMENT Notice submitted by Case Management LCV20201318229 07/30/2020
0 AFFIDAVIT OF SERVICE submitted by SHIELDS, GREGORY, S of GREGORY S.
SHIELDS, LLC on behalf of EQUIPMENT DEPOT OF PENNSYLVANI against
ALUMINUM SHAPES, LLC
LCV20201358211 08/06/2020
0 REQUEST FOR DEFAULT submitted by SHIELDS, GREGORY, S of GREGORY S.
SHIELDS, LLC on behalf of EQUIPMENT DEPOT OF PENNSYLVANI against
ALUMINUM SHAPES, LLC
LCV20201817357 10/13/2020
0 Default has been entered against the following party/parties: ALUMINUM SHAPES, LLC LCV20201828981 10/14/2020
0 FINAL JUDGMENT BY DEFAULT submitted by SHIELDS, GREGORY, S of GREGORY
S. SHIELDS, LLC on behalf of EQUIPMENT DEPOT OF PENNSYLVANI against
ALUMINUM SHAPES, LLC
LCV20201837648 10/15/2020
0 Final Judgment By Default uploaded by Case Management Staff submitted by GREGORY
S SHIELDS
LCV20201843872 10/16/2020
0 Taxed Cost Form uploaded by Case Management Staff submitted by GREGORY S
SHIELDS
LCV20201843902 10/16/2020
0 Default has been entered against the following party/parties: ALUMINUM SHAPES, LLC LCV20201848688 10/16/2020
0 WRIT OF EXECUTION submitted by SHIELDS, GREGORY, S of GREGORY S.
SHIELDS, LLC on behalf of EQUIPMENT DEPOT OF PENNSYLVANI against
ALUMINUM SHAPES, LLC
LCV20202085423 11/17/2020
0 Writ Of Execution submitted by Staff LCV20202217754 12/07/2020
1 JUDGMENT BY DEFAULT submitted by SHIELDS, GREGORY, S of GREGORY S.
SHIELDS, LLC on behalf of EQUIPMENT DEPOT OF PENNSYLVANI against
ALUMINUM SHAPES, LLC
LCV20211200320 05/13/2021
1 CLERK NOTICE: re: JUDGMENT BY DEFAULT - J [LCV20211200320] -The account
balance is low.
LCV20211307776 05/27/2021
1 NOTICE OF APPEARANCE (NOT THE FIRST PAPER) submitted by SHAPIRO,
MATHIEU, J of OBERMAYER REBMANN MAXWELL & HIPPEL LLP on behalf of
ALUMINUM SHAPES, LLC against EQUIPMENT DEPOT OF PENNSYLVANI
LCV20211969673 08/25/2021
1 NOTICE OF BANKRUPTCY submitted by SHAPIRO, MATHIEU, J of OBERMAYER
REBMANN MAXWELL & HIPPEL LLP on behalf of ALUMINUM SHAPES, LLC against
EQUIPMENT DEPOT OF PENNSYLVANI
LCV20211969709 08/25/2021

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Exhibit B

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SHERIFF WR-21000043 Equipment Depot Pennsylvania Inc vs Aluminumshapes LLC BUSINESS PROPERTY INVENTORY OF ALUMINUM SHAPES LOCATED AT Aluminum Shapes 900 River Road Pennsauken NJ 08110 Dark Brown Wooden Desk 163 HP/lntelJI3 /14 Computers 211 Black ComputerMonitors 32-inch Flat Screen Tvs Vizio 50-inch Flat Screen Tv Samsung Black Plastic Chairs 11 Black Leather Desk Chair Black Faux Leather Ottoman Multiple Black/Silver Faux Leather Rolling Office Chairs Black High-Top Stools Black Faux Leather Couch Black Faux Leather Sitting Chairs SmallWhite End Tables Multiple Small Glass Circle Tables Multiple Tan Drawer AluminumFiling Cabinets Multiple Black Drawer AluminumFiling Cabinets Multiple Tan Drawer AluminumFiling Cabinets Multiple Black Drawer AluminumFiling Cabinets Multiple Cubicles with drawers attached White Folding Tables 14 White/Black Folding Chairs Small Marble Lunch Tables White Lunch Chairs Multiple Dark Brown Wooden Office Shelving Unit 1Drafting Table Teal Sectional Couch Multiple White/Black Shaped Desks

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Tk -- -- 141 11/ OtIs /t 157 Jt -_ 49 C4c0U -aat sit 1/ 0101 IFS 151 41// Oh 30/ tI 84 Ii 111101 11 Ut 01/1 1/0 130 /4J5 P584 44 114140 --- ---- 1PO 080 I/I /01k/S Alt 1/iL 1111 //1 IL 01- LU -- /8/ NI 51 SarI/I 41 1130 -- -- S\164 4J /CC 55 1-4 lN -Ss //I Nt 01 CC 51 55 30 ST /1/s 83 11 l1rSl/ffY Has 45 JUL /isJ/S P08 Ha 1r -V 1/ /0 /S/tI/ /1 A- 01413 t/IW /5 801 ------ 44 I/V 730 CC Ia rM it 0141 ifl 30 fl011J t4j J9JJ /ft 11/ k/I 011 st Is N/ /I /1/ 1/1 // ot S/-I JI1/ j49-c ISIa 48111 Os 1/ INUIt /1 30 Hf aWo7 Jt ntk CCLI 1/-/ tNt- /// 1AV 57 -01 14 5//

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MrS__- L 5w511a5055n1 aStsS5s5-...t.-.M__J5i5Wflflt s0SMNU5VIIII5S50SU5 CS55ISEISSIPs50 05M15ISJ5.sMSIN.ULNSM55i5551115U5 aStSt5 LWI.INdI.SY.flC50O555 T555S50 SkISStSI5110 IW55IIISII.fl55tS 555555ilNUN $8AJS Lit 0KJVZRlaD t.I IA1IXUWNJ W 3TflULt St tp5 i\ CA tar Ac t.t --- twMt .5

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the matter of: Debtor Plaintiff(s) Case No. ______________________ . Adversary No. ______________________ Defendant(s) Judge: ______________________ SUMMONS AND NOTICE OF PRETRIAL CONFERENCE IN AN ADVERSARY PROCEEDING OU ARE SUMMONED and required to submit a motion or answer to the complaint which is attached to thisummons to the clerk of the bankruptcy court within 30 days after the date of issuance of this summons, exceat the United States and its offices and agencies shall file a motion or answer to the complaint within 35 dayAddress of Clerk t the same time, you must also serve a copy of the motion or answer upon the plaintiff's attorney. Name and Address of Plaintiff s Attorney ' you make a motion, your time to answer is governed by Fed.R.Bankr.P. 7012. OU ARE NOTIFIED that a pretrial conference of the proceeding commenced by the filing of the complaint will beld at the following time and place.
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Address Courtroom:
Date and Time:
F YOU FAIL TO RESPOND TO THIS SUMMONS, YOUR FAILURE WILL BE DEEMED TO BE YOUR CONSENTO ENTRY OF A JUDGMENT BY THE BANKRUPTCY COURT AND JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT. Jeanne A. Naughton, Clerk ate: ___________________________________ By: ______________________________________ Deputy Clerk rev.1/4/17 ursuant to D.N.J. LBR 9019-2, Mediation: Procedures, there is a presumption of mediation in all adversary

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