UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MISSOURI
In re: )
GRISHAM FARM PRODUCTS, INC., )
GRISHAM FARMS TRANSPORTATION, LLC )
Case Nos. 16-61149, 16-61263
NOTICE OF DEADLINE FOR FILING PROOF OF CLAIM FORMS ASSERTING ADMINISTRATIVE CLAIMS
TO: PERSONS AND ENTITIES HOLDING ADMINISTRATIVE CLAIMS AGAINST GRISHAM FARM PRODUCTS, INC. OR GRISHAM FARMS TRANSPORTATION, LLC
On October 5, 2018, the United States Bankruptcy Court for the Western District of Missouri (the “Court”) entered an order [Docket No. 503/278] (the “Chapter 11 Administrative Claims Bar Order”) establishing December 4, 2018 at 5:00 p.m. (Central Standard Time) (the “Chapter 11 Administrative Claims Bar Date”) as the last date for each all persons, entities or governmental units (including, without limitation, individuals, partnerships, corporations, joint ventures, and trusts) holding an Chapter 11 Administrative Claim (as defined below) to file a proof of claim form (included herewith) asserting such Chapter 11 Administrative Claim.
The Debtor filed its chapter 11 case on November 11, 2016 (the “Petition Date”). The case was converted to Chapter 7 on July 6, 2017 (the “Conversion Date”).
For purposes of this Notice, the term “Chapter 11 Administrative Claim” shall mean, as to or against the Debtor, (a) any right to payment, whether or not such right is reduce to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured, and (b) any right to an equitable remedy for breach of performance if such breach gives rise to a payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured that (x) arises under sections 365(d)(3), 365(d)(5), or 503(b)(1) through (8) of the Bankruptcy Code and (y) first arose (or, in accordance with relevant law, accrued) on or after the Petition Date, but before the Conversion Date.
The Chapter 11 Administrative Claims Bar Date, and the procedures set forth below for filing Chapter 11 Administrative Proofs of Claim, apply to all Chapter 11 Administrative Claims, except for those claim holders listed in Section 4 below that are specifically excluded from the Chapter 11 Administrative Claims Bar Date filing requirement.
1. WHO MUST FILE A PROOF OF CLAIM
You MUST file a proof of claim to share in distributions in each Debtors’ chapter 7 cases if you have a Chapter 11 Administrative Claim that is not described in Section 4 below.
2. WHAT TO FILE
Your filed proof of claim must conform substantially to the form provided by the Trustee that can be obtained by calling Leisa Stevens, 816.691.3402, and providing an email address or mail address to send the form. If you choose not to use the form obtained from the Trustee, to conform substantially to the form, the form of the Chapter 11 Administrative Proof of Claim must include obvious and conspicuous language indicating that the claim is for a Chapter 11 Administrative Claim. If you choose to file your claim electronically using the Court’s Case Management/Electronic Case Files (CM/ECF) site, please include in the “Remarks” or “Description” sections language indicating the claim is for a Chapter 11 Administrative Claim.
You must sign and date the Chapter 11 Administrative Proof of Claim Form. If you are filing a claim that is not for an individual, it must be signed by the claimant’s authorized agent. In addition, the proof of claim must be written in English and denominated in United States currency. You should attach to your completed proof of claim any documents on which the claim is based (if voluminous, attach a summary) or an explanation as to why the documents are not available.
3. WHEN AND WHERE TO FILE
When to File: Except as provided for herein, all proofs of claim must be filed so as to be received by the Clerk of the Bankruptcy Court (at the address set forth below) on or before December 4, 2018 at 5:00 p.m. (the Chapter 11 Administrative Claims Bar Date) in paper form.
Where to File:
Electronically or by Regular Mail or Overnight or Hand Delivery: United States Bankruptcy Court, Western District of Missouri, Office of the Clerk, Charles Evans Whittaker U.S. Courthouse, 400 East 9th Street, Kansas City, MO 64106.;
Proofs of claim will be deemed timely filed only when received by the Office of the Clerk, United States Bankruptcy Court, Western District of Missouri, on or before the Chapter 11 Administrative Claims Bar Date. Proofs of claim may be filed by using the ePOC program at the Court’s website at http://www.mow.uscourts.gov/bankruptcy/ePOC.html.
4. WHO NEED NOT FILE A PROOF OF CLAIM
The Administrative Claims Bar Date Order provides that Administrative Claims Bar Date will not apply to the following Administrative Claims:
i. fees payable to the Office of the United States Trustee pursuant to 28 U.S.C. § 1930;
ii. any party that has already properly filed a Proof of Claim with the Court that clearly sets forth that such party is asserting a Chapter 11 Administrative Claim;
iii. any party whose Chapter 11 Administrative Claim has been allowed by a prior order of the Court;
iv. Chapter 11 Administrative Claims that have been paid in full at any time prior to the Chapter 11 Administrative Claims Bar Date; and
v. administrative claims incurred by the Trustee on or after the Conversion Date. These claims will be dealt with separately.
5. CONSEQUENCES FOR FAILING TO TIMELY FILE A PROOF OF CLAIM BY THE CHAPTER 11 ADMINISTRATIVE CLAIMS BAR DATE
ANY HOLDER OF A CHAPTER 11 ADMINISTRATIVE CLAIM THAT IS NOT EXCEPTED FROM THE REQUIREMENTS OF THIS BAR DATE ORDER, AS SET FORTH IN SECTION 4 ABOVE, AND THAT FAILS TO TIMELY FILE A PROOF OF CLAIM IN THE APPROPRIATE FORM, SHALL BE BARRED FROM ASSERTING SUCH CLAIM AGAINST THE DEBTOR AND ITS CHAPTER 7 ESTATE; AND PARTICIPATING IN ANY DISTRIBUTION IN EITHER DEBTOR’S CASE ON ACCOUNT OF SUCH CLAIM.
A holder of a possible Chapter 11 Administrative Claim against the Debtor should consult an attorney regarding any matters not covered by this Notice, such as whether the holder should file a proof of claim.
BY ORDER OF THE U.S. BANKRUPTCY COURT.
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