UNITED STATES BANKRUPTCY COURT WESTERN
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WISCONSIN In re: CRANBERRY GROWERS COOPERATIVE (d/b/a CranGrow) Debtor.
Case No. 17-13318-cjf Chapter 11
NOTICE OF BAR DATES FOR FILING OF PROOFS OF CLAIMS PLEASE TAKE NOTICE OF THE FOLLOWING: On September 25, 2017 (the “Petition Date”), Cranberry Growers Cooperative (the “Debtor”), the debtor and debtor in possession in the above-captioned bankruptcy case (the “Chapter 11 Case”), filed a voluntary petition for relief under chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”), with the United States Bankruptcy Court for the Western District of Wisconsin (the “Bankruptcy Court”). On January 24, 2018, the Bankruptcy Court entered an order [Dkt No. 186] (the “Bar Date Order”) establishing certain deadlines for filing proofs of claim against the Debtor (collectively, the “Bar Dates”), including a General Bar Date, a Governmental Bar Date, Amended Schedules Bar Date, and Rejection Bar Date (each as defined below). A copy of the Bar Date Order, a proof of claim form and other case pleadings, including the Debtor’s Schedules (as defined below), may be (i) viewed and downloaded free of charge at the Debtor’s case website: https://www.donlinrecano.com/Clients/cgc/Index; (ii) viewed online through the Bankruptcy Court’s website1 at: http://www.wiwb.uscourts.gov; (iii) examined during the regular hours of the Bankruptcy Court, Monday through Friday, excluding federal holidays, at the Office of the Clerk of the Bankruptcy Court (the “Clerk”), 120 North Henry Street, Room 340, Madison, WI 53703; or (iv) obtained by email request—with a reference to “CranGrow” in the subject line – to: [email protected], or by telephone at: 212-771-1128. In addition, a proof of claim form substantially in the form of Official Bankruptcy Form No. 410 and instructions on completing it are enclosed for your convenience. The Bar Dates and procedures set forth below for the filing of proofs of claim2 against Access via the Bankruptcy Court’s website is provided through the federal Public Access to Court Electronic Records system and may require registration and a fee. 1
Pursuant to section 101(5) of the Bankruptcy Code and as used herein, the word “claim” means (i) a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured; or (ii) a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured. 2
1
the Debtor apply to all claims that arose (or are deemed to have arisen) on or prior to the Petition Date, except for the types of claims listed in Section 1 below, including claims arising under sections 503(b)(9), 507(a)(4) and 507(a)(5) of the Bankruptcy Code3. The Bar Dates and procedures described herein do not apply to claims for purposes of voting. Procedures related to voting in the Chapter 11 Case are set forth in the Bankruptcy Court’s Order (I) Approving Disclosure Statement, (II) Approving Forms And Establishing Solicitation And Tabulation Procedures, (III) Scheduling A Confirmation Hearing, (IV) Establishing Related Dates, And (V) Approving Related Procedures [Dkt No. 159]. I.
WHO MUST FILE A PROOF OF CLAIM
You must file a proof of claim to share in distributions of the Debtor’s bankruptcy estate if you hold a claim that arose (or is deemed to have arisen) on or before the Petition Date, and it is not one of the kinds of claims described in Sections I herein. You must file a proof of claim by the applicable Bar Date even if your claim is not now fixed, liquidated or certain or did not mature or become fixed, liquidated or certain before the Petition Date. Specifically, and without limiting the generality of Bankruptcy Rule 3003(c)(2), you must file a proof of claim on or before the applicable Bar Date if: a.
Your claim against the Debtor is not listed on its Schedules (defined in Section 5 below) or is listed on its Schedules as contingent, unliquidated or disputed; or
b.
You dispute the amount, nature, classification or characterization of your claim as listed in the Debtor’s Schedules.
The following entities do not need to file a proofs of claims: a.
The U.S. Trustee, on account of claims for fees payable pursuant to 28 U.S.C. § 1930;
b.
Any entity that has already properly filed a proof of claim against the Debtor with the Clerk of the Bankruptcy Court;
c.
Any entity (i) whose claim is listed in the Debtor’s Schedules or any amendments thereto, and (ii) whose claim is not described therein as “disputed,” “contingent,” or “unliquidated,” and (iii) who does not dispute the amount or characterization of its claim as set forth in the Schedules;
Section 503(b)(9) of the Bankruptcy Code provides that “the value of any goods received by the debtor within 20 days before the date of commencement of a case under this title in which the goods have been sold to the debtor in the ordinary course of such debtor’s business” is entitled to administrative priority. Sections 507(a)(4) and 507(a)(5) of the Bankruptcy Code apply to claims for wages, salaries, commissions, vacation, severance, sick leave pay and contributions to an employee benefit plan arising 180 days before the petition date. 3
2
d.
Any professional that holds a claim allowable under sections 503(b) and 507(a)(2) of the Bankruptcy Code as an administrative expense, including any professionals retained by the Debtor or any statutory committee pursuant to orders of the Bankruptcy Court, who may assert administrative claims for fees and expenses, subject to the Court’s approval pursuant to sections 330 and 331 of the Bankruptcy Code;
e.
Any entity that is exempt from filing a proof of claim pursuant to an order of the Bankruptcy Court in this Chapter 11 Case, including without limitation any order approving post-petition use of cash collateral;
f.
Any entity that has been paid in full by the Debtor pursuant to the Bankruptcy Code or in accordance with an order of the Bankruptcy Court; and
g.
Any entity asserting a claim previously allowed or paid pursuant to an order of the Bankruptcy Court.
You should not file a proof of claim if you do not have a claim against the Debtor. The fact that you received this Notice does not mean that you have a claim against the Debtor. II.
WHAT FORMS AND DOCUMENTS TO FILE
Any proof of claim previously and properly filed with the Clerk prior to the mailing of this Notice shall be deemed to be, and shall be treated as, a properly-filed claim subject to the rights of the Debtor or any party in interest to object to the allowance thereof. No additional proof of claim or request for payment is required to be asserted with respect to such a previously-filed claim. The Debtor has enclosed Official Bankruptcy Form No. 410 that creditors may use to file claims in this Chapter 11 Case. Each proof of claim must be signed by the claimant or the claimant’s authorized representative. The claimant should attach to the completed proof of claim any documents on which the claim is based, a summary of the basis for the claim if the documents are voluminous, or an explanation as to why supporting documents are not available. Proofs of claims must be received no later than 4:00 p.m., prevailing Central Time, on the applicable Bar Date as follows: a.
March 26, 2018 (the “Governmental Bar Date”), for any governmental unit asserting a prepetition claim against the Debtor;
b.
The later of (i) the General Bar Date (defined below) or (ii) 30 days from the date of the notice that is served notifying a creditor of any 3
amendment to the Debtor’s Schedules (the “Amended Schedules Bar Date”), for any entity whose claim is materially affected by an amendment to the Debtor’s Schedules; c.
The later of (i) the General Bar Date (defined below) or (ii) 30 days after entry of any order authorizing the rejection of an executory contract (the “Rejection Claims Bar Date”), for any entity asserting a claim based on the rejection of an executory contract to which it is a counterparty; and
d.
March 5, 2018 (the “General Bar Date”), for any other entity holding a prepetition claim against the Debtor.
Proofs of claim may be filed according to the procedures published on the Court’s website http://www.wiwb.uscourts.gov/filing-proof-claim. Proofs of claim will be deemed filed only when physically received by the Clerk. If you wish to mail your proof of claim to the Court, please mail your claim to the following address: Clerk of the Court U.S. Bankruptcy Court Western District of Wisconsin 120 North Henry Street, Room 340 Madison, Wisconsin 53703-2559 If you wish to receive acknowledgment of receipt of your proof of claim, you must also submit a copy of your original and a self-addressed envelope. III.
EFFECT OF FAILURE TO FILE A PROOF OF CLAIM
Any entity that is required to file a proof of claim in the form and manner specified in the Bar Date Order and that fails to do so on or before the applicable Bar Date: (i) shall be forever barred, estopped and enjoined from asserting such claim against the Debtor, its estate or its property, or thereafter filing a proof of claim with respect thereto in this Chapter 11 Case; (ii) shall not, with respect to such claim, be treated as a creditor of the Debtor for the purpose of voting upon any plan in the Chapter 11 Case; and (iii) shall not receive or be entitled to receive any payment or distribution of property from the Debtor or its successors or assigns with respect to such claim. IV. THE DEBTOR’S SCHEDULES AND ACCESS THERETO You may be listed as the holder of a claim against the Debtor in its schedules of assets and liabilities [Dkt. No. 70 as amended by Dkt No. 119] (the “Schedules”), copies of which may be obtained at the Debtor’s website as set forth above. If you rely on the Schedules, it is your responsibility to determine that your claim is accurately listed therein. As set forth above, if (i) you agree with the amount, nature, classification and characterization of your claim as listed in the Schedules, and (ii) your claim is not described as “disputed,” “contingent” or “unliquidated” in the Schedules, you need not file a proof of claim for such claim. Otherwise, or if you decide to file a proof of claim, you must do so on or before the applicable Bar Date, in 4
accordance with the procedures set forth in this Notice associated with such claim at one of the applicable address. A HOLDER OF A POSSIBLE CLAIM AGAINST THE DEBTOR SHOULD CONSULT AN ATTORNEY REGARDING ANY MATTERS NOT COVERED BY THIS NOTICE AND ANY RELATED MATTERS, SUCH AS WHETHER THE HOLDER SHOULD FILE A PROOF OF CLAIM. This notice is only a summary of the Bar Date Order. All creditors and other parties in interest are referred to the text of the Bar Date Order itself and to the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure for additional information regarding the filing and treatment of proofs of claim. If you have any questions relating to this Notice, you may contact the Debtor’s claims agent appointed in the Chapter 11 case, via email at [email protected] or by telephone at: 212-771-1128. NEITHER THE ATTORNEYS FOR THE DEBTOR NOR DONLIN RECANO IS AUTHORIZED TO PROVIDE YOU WITH LEGAL ADVICE. V.
RESERVATION OF RIGHTS
The Debtor reserves the right to dispute, or to assert offsets or defenses against any filed claim or any claim listed or reflected in the Schedules as to nature, amount, liability, nature, classification or otherwise. Nothing in this Notice shall preclude the Debtor from objecting to any Claim, whether scheduled or filed, on any grounds. Dated: January 25, 2018 DORSEY & WHITNEY LLP /s/ Annette Jarvis Annette Jarvis Dorsey & Whitney LLP Kearns Building 136 South Main Street, Suite 1000 Salt Lake City, UT 84101-1685 [email protected]
Ann Ustad Smith Michael Best & Friedrich LLP One South Pinckney Street, Suite 700 Madison, WI 53703 Phone (608) 283-2251 Fax (608) 283-2275 [email protected] Justin M. Mertz Michael Best & Friedrich LLP 100 East Wisconsin Avenue, Suite 3300 Milwaukee, WI 53202 Phone (414) 225-4972 Fax (414) 277-0656 [email protected] Attorneys for Cranberry Growers Cooperative 5
Case No. 17-13318-cjf Chapter 11
NOTICE OF BAR DATES FOR FILING OF PROOFS OF CLAIMS PLEASE TAKE NOTICE OF THE FOLLOWING: On September 25, 2017 (the “Petition Date”), Cranberry Growers Cooperative (the “Debtor”), the debtor and debtor in possession in the above-captioned bankruptcy case (the “Chapter 11 Case”), filed a voluntary petition for relief under chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”), with the United States Bankruptcy Court for the Western District of Wisconsin (the “Bankruptcy Court”). On January 24, 2018, the Bankruptcy Court entered an order [Dkt No. 186] (the “Bar Date Order”) establishing certain deadlines for filing proofs of claim against the Debtor (collectively, the “Bar Dates”), including a General Bar Date, a Governmental Bar Date, Amended Schedules Bar Date, and Rejection Bar Date (each as defined below). A copy of the Bar Date Order, a proof of claim form and other case pleadings, including the Debtor’s Schedules (as defined below), may be (i) viewed and downloaded free of charge at the Debtor’s case website: https://www.donlinrecano.com/Clients/cgc/Index; (ii) viewed online through the Bankruptcy Court’s website1 at: http://www.wiwb.uscourts.gov; (iii) examined during the regular hours of the Bankruptcy Court, Monday through Friday, excluding federal holidays, at the Office of the Clerk of the Bankruptcy Court (the “Clerk”), 120 North Henry Street, Room 340, Madison, WI 53703; or (iv) obtained by email request—with a reference to “CranGrow” in the subject line – to: [email protected], or by telephone at: 212-771-1128. In addition, a proof of claim form substantially in the form of Official Bankruptcy Form No. 410 and instructions on completing it are enclosed for your convenience. The Bar Dates and procedures set forth below for the filing of proofs of claim2 against Access via the Bankruptcy Court’s website is provided through the federal Public Access to Court Electronic Records system and may require registration and a fee. 1
Pursuant to section 101(5) of the Bankruptcy Code and as used herein, the word “claim” means (i) a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured; or (ii) a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured. 2
1
the Debtor apply to all claims that arose (or are deemed to have arisen) on or prior to the Petition Date, except for the types of claims listed in Section 1 below, including claims arising under sections 503(b)(9), 507(a)(4) and 507(a)(5) of the Bankruptcy Code3. The Bar Dates and procedures described herein do not apply to claims for purposes of voting. Procedures related to voting in the Chapter 11 Case are set forth in the Bankruptcy Court’s Order (I) Approving Disclosure Statement, (II) Approving Forms And Establishing Solicitation And Tabulation Procedures, (III) Scheduling A Confirmation Hearing, (IV) Establishing Related Dates, And (V) Approving Related Procedures [Dkt No. 159]. I.
WHO MUST FILE A PROOF OF CLAIM
You must file a proof of claim to share in distributions of the Debtor’s bankruptcy estate if you hold a claim that arose (or is deemed to have arisen) on or before the Petition Date, and it is not one of the kinds of claims described in Sections I herein. You must file a proof of claim by the applicable Bar Date even if your claim is not now fixed, liquidated or certain or did not mature or become fixed, liquidated or certain before the Petition Date. Specifically, and without limiting the generality of Bankruptcy Rule 3003(c)(2), you must file a proof of claim on or before the applicable Bar Date if: a.
Your claim against the Debtor is not listed on its Schedules (defined in Section 5 below) or is listed on its Schedules as contingent, unliquidated or disputed; or
b.
You dispute the amount, nature, classification or characterization of your claim as listed in the Debtor’s Schedules.
The following entities do not need to file a proofs of claims: a.
The U.S. Trustee, on account of claims for fees payable pursuant to 28 U.S.C. § 1930;
b.
Any entity that has already properly filed a proof of claim against the Debtor with the Clerk of the Bankruptcy Court;
c.
Any entity (i) whose claim is listed in the Debtor’s Schedules or any amendments thereto, and (ii) whose claim is not described therein as “disputed,” “contingent,” or “unliquidated,” and (iii) who does not dispute the amount or characterization of its claim as set forth in the Schedules;
Section 503(b)(9) of the Bankruptcy Code provides that “the value of any goods received by the debtor within 20 days before the date of commencement of a case under this title in which the goods have been sold to the debtor in the ordinary course of such debtor’s business” is entitled to administrative priority. Sections 507(a)(4) and 507(a)(5) of the Bankruptcy Code apply to claims for wages, salaries, commissions, vacation, severance, sick leave pay and contributions to an employee benefit plan arising 180 days before the petition date. 3
2
d.
Any professional that holds a claim allowable under sections 503(b) and 507(a)(2) of the Bankruptcy Code as an administrative expense, including any professionals retained by the Debtor or any statutory committee pursuant to orders of the Bankruptcy Court, who may assert administrative claims for fees and expenses, subject to the Court’s approval pursuant to sections 330 and 331 of the Bankruptcy Code;
e.
Any entity that is exempt from filing a proof of claim pursuant to an order of the Bankruptcy Court in this Chapter 11 Case, including without limitation any order approving post-petition use of cash collateral;
f.
Any entity that has been paid in full by the Debtor pursuant to the Bankruptcy Code or in accordance with an order of the Bankruptcy Court; and
g.
Any entity asserting a claim previously allowed or paid pursuant to an order of the Bankruptcy Court.
You should not file a proof of claim if you do not have a claim against the Debtor. The fact that you received this Notice does not mean that you have a claim against the Debtor. II.
WHAT FORMS AND DOCUMENTS TO FILE
Any proof of claim previously and properly filed with the Clerk prior to the mailing of this Notice shall be deemed to be, and shall be treated as, a properly-filed claim subject to the rights of the Debtor or any party in interest to object to the allowance thereof. No additional proof of claim or request for payment is required to be asserted with respect to such a previously-filed claim. The Debtor has enclosed Official Bankruptcy Form No. 410 that creditors may use to file claims in this Chapter 11 Case. Each proof of claim must be signed by the claimant or the claimant’s authorized representative. The claimant should attach to the completed proof of claim any documents on which the claim is based, a summary of the basis for the claim if the documents are voluminous, or an explanation as to why supporting documents are not available. Proofs of claims must be received no later than 4:00 p.m., prevailing Central Time, on the applicable Bar Date as follows: a.
March 26, 2018 (the “Governmental Bar Date”), for any governmental unit asserting a prepetition claim against the Debtor;
b.
The later of (i) the General Bar Date (defined below) or (ii) 30 days from the date of the notice that is served notifying a creditor of any 3
amendment to the Debtor’s Schedules (the “Amended Schedules Bar Date”), for any entity whose claim is materially affected by an amendment to the Debtor’s Schedules; c.
The later of (i) the General Bar Date (defined below) or (ii) 30 days after entry of any order authorizing the rejection of an executory contract (the “Rejection Claims Bar Date”), for any entity asserting a claim based on the rejection of an executory contract to which it is a counterparty; and
d.
March 5, 2018 (the “General Bar Date”), for any other entity holding a prepetition claim against the Debtor.
Proofs of claim may be filed according to the procedures published on the Court’s website http://www.wiwb.uscourts.gov/filing-proof-claim. Proofs of claim will be deemed filed only when physically received by the Clerk. If you wish to mail your proof of claim to the Court, please mail your claim to the following address: Clerk of the Court U.S. Bankruptcy Court Western District of Wisconsin 120 North Henry Street, Room 340 Madison, Wisconsin 53703-2559 If you wish to receive acknowledgment of receipt of your proof of claim, you must also submit a copy of your original and a self-addressed envelope. III.
EFFECT OF FAILURE TO FILE A PROOF OF CLAIM
Any entity that is required to file a proof of claim in the form and manner specified in the Bar Date Order and that fails to do so on or before the applicable Bar Date: (i) shall be forever barred, estopped and enjoined from asserting such claim against the Debtor, its estate or its property, or thereafter filing a proof of claim with respect thereto in this Chapter 11 Case; (ii) shall not, with respect to such claim, be treated as a creditor of the Debtor for the purpose of voting upon any plan in the Chapter 11 Case; and (iii) shall not receive or be entitled to receive any payment or distribution of property from the Debtor or its successors or assigns with respect to such claim. IV. THE DEBTOR’S SCHEDULES AND ACCESS THERETO You may be listed as the holder of a claim against the Debtor in its schedules of assets and liabilities [Dkt. No. 70 as amended by Dkt No. 119] (the “Schedules”), copies of which may be obtained at the Debtor’s website as set forth above. If you rely on the Schedules, it is your responsibility to determine that your claim is accurately listed therein. As set forth above, if (i) you agree with the amount, nature, classification and characterization of your claim as listed in the Schedules, and (ii) your claim is not described as “disputed,” “contingent” or “unliquidated” in the Schedules, you need not file a proof of claim for such claim. Otherwise, or if you decide to file a proof of claim, you must do so on or before the applicable Bar Date, in 4
accordance with the procedures set forth in this Notice associated with such claim at one of the applicable address. A HOLDER OF A POSSIBLE CLAIM AGAINST THE DEBTOR SHOULD CONSULT AN ATTORNEY REGARDING ANY MATTERS NOT COVERED BY THIS NOTICE AND ANY RELATED MATTERS, SUCH AS WHETHER THE HOLDER SHOULD FILE A PROOF OF CLAIM. This notice is only a summary of the Bar Date Order. All creditors and other parties in interest are referred to the text of the Bar Date Order itself and to the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure for additional information regarding the filing and treatment of proofs of claim. If you have any questions relating to this Notice, you may contact the Debtor’s claims agent appointed in the Chapter 11 case, via email at [email protected] or by telephone at: 212-771-1128. NEITHER THE ATTORNEYS FOR THE DEBTOR NOR DONLIN RECANO IS AUTHORIZED TO PROVIDE YOU WITH LEGAL ADVICE. V.
RESERVATION OF RIGHTS
The Debtor reserves the right to dispute, or to assert offsets or defenses against any filed claim or any claim listed or reflected in the Schedules as to nature, amount, liability, nature, classification or otherwise. Nothing in this Notice shall preclude the Debtor from objecting to any Claim, whether scheduled or filed, on any grounds. Dated: January 25, 2018 DORSEY & WHITNEY LLP /s/ Annette Jarvis Annette Jarvis Dorsey & Whitney LLP Kearns Building 136 South Main Street, Suite 1000 Salt Lake City, UT 84101-1685 [email protected]
Ann Ustad Smith Michael Best & Friedrich LLP One South Pinckney Street, Suite 700 Madison, WI 53703 Phone (608) 283-2251 Fax (608) 283-2275 [email protected] Justin M. Mertz Michael Best & Friedrich LLP 100 East Wisconsin Avenue, Suite 3300 Milwaukee, WI 53202 Phone (414) 225-4972 Fax (414) 277-0656 [email protected] Attorneys for Cranberry Growers Cooperative 5
