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Full title: Response (related document(s):694 Objection to Claim). (Draper, Tony) (Entered: 07/01/2021)

Document posted on Jun 30, 2021 in the bankruptcy, 3 pages and 0 tables.

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694] COME NOW, Pete Pappas & Sons, Inc.; Stella Farms LLC; and TMC Produce Solutions Corp. (collectively “Certain PACA Creditors”), and file their Limited Response to the Debtors’ Omnibus Objection to Certain Satisfied PACA Claims [Dkt.As concerns the affected Certain PACA Creditors, the Debtors’ Omnibus Objection to Certain Satisfied PACA Claims (the “Objection”), concerns the following principal amounts: Pete Pappas However, each of the Certain PACA Creditors continue to hold claims for interest and attorney’s fees related to these paid principal balances—as well as other unpaid PACA claims—that continue to be owed and that will be filed in these cases.Because those claims have not been formally filed by the creditors or scheduled by the Debtors, the Certain PACA Creditors request that the Order granting the Objection be substantively limited to a finding that the Satisfied PACA Claims have been paid in the amounts identified in Exhibit A to the Objection, or alternatively, that the Satisfied PACA Claims are disallowed solely to the extent reflected in that Exhibit.Further, to avoid confusion or later issues as to the scope of the relief granted, Certain PACA Creditors request that the following or similar language be included: Nothing in this Order shall deemed to adjudicate or disallow any other claims or rights arising under PACA, including without limitation claims for attorneys’ fees and interest with regard to the Satisfied PACA Claims or otherwise, and all parties’ rights with regard thereto are preserved, including the Chapter 7 Trustee’s right to review such claims and object thereto if appropriate.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: § Chapter 7 § COUNTRY FRESH HOLDING § Case No. 21-30574 (MI) COMPANY INC. , et al. § § Debtors. § (Jointly Administered) CERTAIN PACA CREDITORS’ LIMITED RESPONSE TO DEBTORS’ OMNIBUS OBJECTION TO CERTAIN SATISFIED PACA CLAIMS [Relates to Dkt. No. 694] COME NOW, Pete Pappas & Sons, Inc.; Stella Farms LLC; and TMC Produce Solutions Corp. (collectively “Certain PACA Creditors”), and file their Limited Response to the Debtors’ Omnibus Objection to Certain Satisfied PACA Claims [Dkt. No. 694]. RESPONSE 1. As concerns the affected Certain PACA Creditors, the Debtors’ Omnibus Objection to Certain Satisfied PACA Claims (the “Objection”), concerns the following principal amounts: Pete Pappas Invoice No. Amount 191838 $13,707.65 Total: $13,707.65 Stella Farms Invoice No. Amount 321899 $18,244.80 321901 $18,833.20 Total: $37,078.00 TMC Produce Invoice No. Amount 18156 $27,226.50 18157 $847.50 Total: $28,074.00

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2. On June 10, 2021, the Debtors’ requested confirmation that the foregoing amounts had been paid, and confirmation was provided in writing the same day. 3. The affected Certain PACA Creditors agree that the foregoing principal balances for the referenced invoices were paid by the Debtors. The Certain PACA Creditors do not intend to include such principal balances in the claims they will be filing in these cases. However, each of the Certain PACA Creditors continue to hold claims for interest and attorney’s fees related to these paid principal balances—as well as other unpaid PACA claims—that continue to be owed and that will be filed in these cases. 4. Because those claims have not been formally filed by the creditors or scheduled by the Debtors, the Certain PACA Creditors request that the Order granting the Objection be substantively limited to a finding that the Satisfied PACA Claims have been paid in the amounts identified in Exhibit A to the Objection, or alternatively, that the Satisfied PACA Claims are disallowed solely to the extent reflected in that Exhibit. 5. Further, to avoid confusion or later issues as to the scope of the relief granted, Certain PACA Creditors request that the following or similar language be included: Nothing in this Order shall deemed to adjudicate or disallow any other claims or rights arising under PACA, including without limitation claims for attorneys’ fees and interest with regard to the Satisfied PACA Claims or otherwise, and all parties’ rights with regard thereto are preserved, including the Chapter 7 Trustee’s right to review such claims and object thereto if appropriate. WHEREFORE, the Certain PACA Creditors respectfully ask the Court to grant the relief requested in this Response and such other and further relief to which they may be entitled.

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Dated: July 1, 2021. WALKER WILCOX MATOUSEK, LLP /s/ Tony L. Draper Tony L. Draper, Texas State Bar No. 00798156 1001 McKinney, Suite 2000 Houston, Texas 77002 Telephone: (713) 343-6556 Facsimile: (713) 343-6571 tdraper@wwmlawyers.com Attorneys for Pete Pappas & Sons, Inc.; Stella Farms LLC; and TMC Produce Solutions Corp. CERTIFICATE OF SERVICE I hereby certify that on July 1, 2021, a true and correct copy of the foregoing pleading was served on all parties receiving notice and service through the Court’s ECF system. /s/ Tony L. Draper Tony L. Draper CERTIFICATE OF CONFERENCE I hereby certify that on July 1, 2021, I conferred with counsel for the Chapter 7 Trustee, who advised the Chapter 7 Trustee does not oppose including the above-requested provision in the Order granting the Debtors’ Omnibus Objection to Certain Satisfied PACA Claims. /s/ Tony L. Draper Tony L. Draper

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