THE HONORABLE KEVIN J. CAREY, US
Case 17-11933-KJC
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Filed 01/22/18
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
In re:
) Chapter 11
VITAMIN WORLD, INC., etal.,
) Case No. 17-11933 (KJC)
Debtors.'
) Jointly Administered
NOTICE OF AGENDA FOR HEARING SCHEDULED FOR JANUARY 24, 2018 AT 10:00 A.M. (PREVAILING EASTERN TIME) BEFORE THE HONORABLE KEVIN J. CAREY, U.S. BANKRUPTCY COURT JUDGE 2'3
CONTINUED MATTERS: 1.
Debtors' Motion Pursuant to Local Rule 2002-1(e) for Order Establishing the Deadline for Filing Claims and Approving the Form and Manner of Notice Thereof [D.I. 325; filed: 10/27/17] Response Deadline: November 10, 2017 at 4:00 p.m. Responses Received: Informal comments received from the Office of the United States Trustee (the "UST") and the Official Committee of Unsecured Creditors. Related Documents: None Status: This matter is continued to the February 21, 2018 hearing.
Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, are: Vitamin World, Inc. (2283); VWRE Holdings, Inc. (8915); VW Interholdings, Inc. (4744); VW Online, Inc. (8763); Precision Engineered Limited (USA) (0916); Vitamin World (V.I.), Inc. (9839); Vitamin Depot, LLC (6747); Vitamin World of Guam, LLC (2056); and Nutrition Warehouse, Inc. (5095). Debtors' mailing address is 4320 Veterans Highway, Holbrook, NY 11741. 2
3
The hearing will be held at the United States Bankruptcy Court for the District of Delaware, 824 Market Street, 5th Floor, Courtroom 5, Wilmington, Delaware 19801. Parties who are unable to attend a hearing may request telephonic participation by contacting CourtCall toll free by phone (866-582-6878) or by facsimile (866-533-2946).
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Case 17-11933-KJC
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CERTIFICATION OF NO OBJECTION / CERTIFICATION OF COUNSEL MATTERS: 2.
Debtors' Motion for Entry of Order Authorizing Debtors' Entry into Short-Term Leases with Plaza Las Americas, Inc. and Plaza Del Caribe, SE D.I. 379; filed: 11/13/17] Response Deadline: November 27, 2017 at 4:00 p.m. Responses Received: None Related Documents: A.
Certification of No Objection D.I. 625; filed: 01/19/18]
B.
Proposed order
Status: On January 19, 2018, the Debtors filed a certification of no objection on this matter. Accordingly, no hearing is necessary unless the Court has questions or concerns. 3.
Motion of the Debtors for Entry of an Order Extending the Time Period Within Which the Debtors May Remove Actions [D.I. 461; filed: 12/04/17] Response Deadline: December 21, 2017 at 4:00 p.m. Responses Received: None Related Documents: A.
Certification of No Objection [D.I. 616; filed: 01/18/18]
B.
Proposed order
Status: On January 18, 2018, the Debtors filed a certification of no objection on this matter. Accordingly, no hearing is necessary unless the Court has questions or concerns. 4.
Debtors' Third Motion for Entry of an Order (I) Authorizing the Rejection of Certain Unexpired Leases Nunc Pro Tunc to December 31, 2017, and Abandonment of Certain De Minimis Property and (II) Granting Certain Related Relief [D.I. 560; filed: 12/28/17] Response Deadline: January 16, 2018 at 4:00 p.m. Responses Received: Informal comments received from the landlords. Related Documents: A.
Notice of Filing of Revised Exhibit to Debtors' Third Motion for Entry of an Order (I) Authorizing the Rejection of Certain Unexpired Leases Nunc Pro Tunc
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Case 17-11933-KJC
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to December 31, 2017, and Abandonment of Certain De Minimis Property and (II) Granting Certain Related Relief [D.I. 579; filed: 01/04/18] B.
Certification of Counsel Regarding (I) Revised Proposed Order Authorizing Rejection of Certain Unexpired Leases of Nonresidential Real Property, and (II) No Objection to Such Motion [D.I. 617; filed: 01/18/18]
C.
Proposed revised order
Status: On January 18, 2018, the Debtors filed a certification of counsel on this matter. Accordingly, no hearing is necessary unless the Court has questions or concerns.
MATTERS GOING FORWARD: 5.
Debtors' Motion for an Order (I) Authorizing the Rejection of Certain Unexpired Leases, Nunc Pro Tunc to September 29, 2017, and the Abandonment of Personal Property, and (II) Granting Certain Related Relief [D.I. 179; filed: 09/29/17] Response Deadline: October 13, 2017 at 4:00 p.m. Responses Received: A.
Informal comments received from the Office of the United States Trustee (the 'UST").
B.
Objection and Reservation of Rights of Plaza Las Americas, Inc. and Plaza Del Caribe SE to Debtors' Motion for an Order (I) Authorizing the Rejection of Certain Unexpired Leases, Nunc Pro Tunc to September 29, 2017, and the Abandonment of Personal Property, and (III) Granting Certain Related Relief [D.I. 297; filed: 10/20/17]
Related Documents: C.
Order (I) Authorizing the Rejection of Certain Unexpired Leases, Nunc Pro Tunc to September 29, 2017, and the Abandonment of Personal Property, and (II) Granting Certain Related Relief [D.I. 345; signed and docketed: 10/31/17]
D.
Supplemental Order (I) Authorizing the Rejection of Certain Unexpired Leases, Nunc Pro Tunc to September 29, 2017, and the Abandonment of Personal Property, and (II) Granting Certain Related Relief (B) No Objection to Such Order [D.I. 402; signed and docketed: 11/16/17]
Status: This matter is going forward with regards to Plaza Las Americas, Inc. Plaza Del Caribe, SE.
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Motion of 4320 VMH Holbrook, LLC for an Order Compelling Debtor to (I) Immediately Pay Post-Petition Rent Pursuant to 11 U.S.C. § 365(d)(3); and (II) Reject, by November 30, 2017, an Unexpired Lease of Non-Residential Real Property Pursuant to 11 U.S.C. § 365(d)(2) [D.I. 343; filed: 10/31/17] Response Deadline: November 14, 2017 at 4:00 p.m. Responses Received: A.
Debtors' Objection to Motion of 4320 VMFI Holbrook, LLC for an Order Compelling Debtor to (I) Immediately Pay Post-Petition Rent Pursuant to 11 U.S.C. § 365(d)(3); and (II) Reject, by November 30, 2017, an Unexpired Lease of Non-Residential Real Property Pursuant to 11 U.S.C. § 365(d)(2) [D.I. 380; filed: 11/13/17]
Related Documents: B.
Reply to Debtors' Objection to Motion of 4320 VMH Holbrook, LLC for an Order Compelling Debtor to (I) Immediately Pay Post-Petition Rent Pursuant to 11 U.S.C. § 365(d)(3); and (II) Reject, by November 30, 2017, an Unexpired Lease of Non-Residential Real Property Pursuant to 11 U.S.C. § 365(d)(2) [D.I. 404; filed: 11/16/17]
C.
Supplemental Declaration of Joseph R. Romano in Reply to Debtors' Objection to Motion of 4320 VMH Holbrook, LLC for an Order Compelling Debtor to (I) Immediately Pay Post-Petition Rent Pursuant to 11 U.S.C. § 365(d)(3); and (II) Reject, by November 30, 2017, an Unexpired Lease of Non-Residential Real Property Pursuant to 11 U.S.C. § 365(d)(2) [D.I. 405; filed: 11/16/17]
Status: This matter is going forward. 7.
Debtors' Motion for Entry of an Order Extending the Deadline to Designate Contracts and Leases for Assumption, Assignment and Sale Pursuant to Asset Purchase Agreement [D.I. 608; filed: 01/16/18] Response Deadline: January 30, 2018 at 4:00 p.m. Responses Received: None to date Related Documents: A.
Motion of the Debtors for Expedited Consideration of Debtors' Motion for Entry of an Order Extending the Deadline to Designate Contracts and Leases for Assumption, Assignment and Sale Pursuant to Asset Purchase Agreement [D.I. 619; filed: 01/18/18]
B.
Order Granting Motion of the Debtors for Expedited Consideration of Debtors' Motion for Entry of an Order Extending the Deadline to Designate Contracts and
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Leases for Assumption, Assignment and Sale Pursuant to Asset Purchase Agreement [D.I. 622; signed and docketed: 01/19/181 C.
Amended Notice of Hearing [D.I. 623; filed: 01/19/18]
Status: This matter is going forward. Dated: January 22, 2018
SAUL EWING ARNSTEIN & LEHR LLP
Mark Minuti (DE Bar No. 2659) Monique B. DiSabatino (DE Bar No. 6027) 1201 N. Market Street, Suite 2300 P.O. Box 1266 Wilmington, DE 19899-1266 Telephone: (302) 421-6840 Facsimile: (302) 421-5873 [email protected] [email protected] -andKATTEN MUCHIN ROSENMAN LLP Peter A. Siddiqui (admitted pro hac vice) Paige E. Barr (admitted pro hac vice) Allison E. Thompson (admitted pro hac vice) 525 W. Monroe Street Chicago, IL 60661 Telephone: (312) 902-5200 Facsimile: (312) 902-1061 [email protected] [email protected] [email protected]
Attorneys for Debtors and Debtors in Possession
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Doc 627
Filed 01/22/18
Page 1 of 5
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
In re:
) Chapter 11
VITAMIN WORLD, INC., etal.,
) Case No. 17-11933 (KJC)
Debtors.'
) Jointly Administered
NOTICE OF AGENDA FOR HEARING SCHEDULED FOR JANUARY 24, 2018 AT 10:00 A.M. (PREVAILING EASTERN TIME) BEFORE THE HONORABLE KEVIN J. CAREY, U.S. BANKRUPTCY COURT JUDGE 2'3
CONTINUED MATTERS: 1.
Debtors' Motion Pursuant to Local Rule 2002-1(e) for Order Establishing the Deadline for Filing Claims and Approving the Form and Manner of Notice Thereof [D.I. 325; filed: 10/27/17] Response Deadline: November 10, 2017 at 4:00 p.m. Responses Received: Informal comments received from the Office of the United States Trustee (the "UST") and the Official Committee of Unsecured Creditors. Related Documents: None Status: This matter is continued to the February 21, 2018 hearing.
Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, are: Vitamin World, Inc. (2283); VWRE Holdings, Inc. (8915); VW Interholdings, Inc. (4744); VW Online, Inc. (8763); Precision Engineered Limited (USA) (0916); Vitamin World (V.I.), Inc. (9839); Vitamin Depot, LLC (6747); Vitamin World of Guam, LLC (2056); and Nutrition Warehouse, Inc. (5095). Debtors' mailing address is 4320 Veterans Highway, Holbrook, NY 11741. 2
3
The hearing will be held at the United States Bankruptcy Court for the District of Delaware, 824 Market Street, 5th Floor, Courtroom 5, Wilmington, Delaware 19801. Parties who are unable to attend a hearing may request telephonic participation by contacting CourtCall toll free by phone (866-582-6878) or by facsimile (866-533-2946).
24176353.1 01/22/2018
Case 17-11933-KJC
Doc 627
Filed 01/22/18
Page 2 of 5
CERTIFICATION OF NO OBJECTION / CERTIFICATION OF COUNSEL MATTERS: 2.
Debtors' Motion for Entry of Order Authorizing Debtors' Entry into Short-Term Leases with Plaza Las Americas, Inc. and Plaza Del Caribe, SE D.I. 379; filed: 11/13/17] Response Deadline: November 27, 2017 at 4:00 p.m. Responses Received: None Related Documents: A.
Certification of No Objection D.I. 625; filed: 01/19/18]
B.
Proposed order
Status: On January 19, 2018, the Debtors filed a certification of no objection on this matter. Accordingly, no hearing is necessary unless the Court has questions or concerns. 3.
Motion of the Debtors for Entry of an Order Extending the Time Period Within Which the Debtors May Remove Actions [D.I. 461; filed: 12/04/17] Response Deadline: December 21, 2017 at 4:00 p.m. Responses Received: None Related Documents: A.
Certification of No Objection [D.I. 616; filed: 01/18/18]
B.
Proposed order
Status: On January 18, 2018, the Debtors filed a certification of no objection on this matter. Accordingly, no hearing is necessary unless the Court has questions or concerns. 4.
Debtors' Third Motion for Entry of an Order (I) Authorizing the Rejection of Certain Unexpired Leases Nunc Pro Tunc to December 31, 2017, and Abandonment of Certain De Minimis Property and (II) Granting Certain Related Relief [D.I. 560; filed: 12/28/17] Response Deadline: January 16, 2018 at 4:00 p.m. Responses Received: Informal comments received from the landlords. Related Documents: A.
Notice of Filing of Revised Exhibit to Debtors' Third Motion for Entry of an Order (I) Authorizing the Rejection of Certain Unexpired Leases Nunc Pro Tunc
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to December 31, 2017, and Abandonment of Certain De Minimis Property and (II) Granting Certain Related Relief [D.I. 579; filed: 01/04/18] B.
Certification of Counsel Regarding (I) Revised Proposed Order Authorizing Rejection of Certain Unexpired Leases of Nonresidential Real Property, and (II) No Objection to Such Motion [D.I. 617; filed: 01/18/18]
C.
Proposed revised order
Status: On January 18, 2018, the Debtors filed a certification of counsel on this matter. Accordingly, no hearing is necessary unless the Court has questions or concerns.
MATTERS GOING FORWARD: 5.
Debtors' Motion for an Order (I) Authorizing the Rejection of Certain Unexpired Leases, Nunc Pro Tunc to September 29, 2017, and the Abandonment of Personal Property, and (II) Granting Certain Related Relief [D.I. 179; filed: 09/29/17] Response Deadline: October 13, 2017 at 4:00 p.m. Responses Received: A.
Informal comments received from the Office of the United States Trustee (the 'UST").
B.
Objection and Reservation of Rights of Plaza Las Americas, Inc. and Plaza Del Caribe SE to Debtors' Motion for an Order (I) Authorizing the Rejection of Certain Unexpired Leases, Nunc Pro Tunc to September 29, 2017, and the Abandonment of Personal Property, and (III) Granting Certain Related Relief [D.I. 297; filed: 10/20/17]
Related Documents: C.
Order (I) Authorizing the Rejection of Certain Unexpired Leases, Nunc Pro Tunc to September 29, 2017, and the Abandonment of Personal Property, and (II) Granting Certain Related Relief [D.I. 345; signed and docketed: 10/31/17]
D.
Supplemental Order (I) Authorizing the Rejection of Certain Unexpired Leases, Nunc Pro Tunc to September 29, 2017, and the Abandonment of Personal Property, and (II) Granting Certain Related Relief (B) No Objection to Such Order [D.I. 402; signed and docketed: 11/16/17]
Status: This matter is going forward with regards to Plaza Las Americas, Inc. Plaza Del Caribe, SE.
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Motion of 4320 VMH Holbrook, LLC for an Order Compelling Debtor to (I) Immediately Pay Post-Petition Rent Pursuant to 11 U.S.C. § 365(d)(3); and (II) Reject, by November 30, 2017, an Unexpired Lease of Non-Residential Real Property Pursuant to 11 U.S.C. § 365(d)(2) [D.I. 343; filed: 10/31/17] Response Deadline: November 14, 2017 at 4:00 p.m. Responses Received: A.
Debtors' Objection to Motion of 4320 VMFI Holbrook, LLC for an Order Compelling Debtor to (I) Immediately Pay Post-Petition Rent Pursuant to 11 U.S.C. § 365(d)(3); and (II) Reject, by November 30, 2017, an Unexpired Lease of Non-Residential Real Property Pursuant to 11 U.S.C. § 365(d)(2) [D.I. 380; filed: 11/13/17]
Related Documents: B.
Reply to Debtors' Objection to Motion of 4320 VMH Holbrook, LLC for an Order Compelling Debtor to (I) Immediately Pay Post-Petition Rent Pursuant to 11 U.S.C. § 365(d)(3); and (II) Reject, by November 30, 2017, an Unexpired Lease of Non-Residential Real Property Pursuant to 11 U.S.C. § 365(d)(2) [D.I. 404; filed: 11/16/17]
C.
Supplemental Declaration of Joseph R. Romano in Reply to Debtors' Objection to Motion of 4320 VMH Holbrook, LLC for an Order Compelling Debtor to (I) Immediately Pay Post-Petition Rent Pursuant to 11 U.S.C. § 365(d)(3); and (II) Reject, by November 30, 2017, an Unexpired Lease of Non-Residential Real Property Pursuant to 11 U.S.C. § 365(d)(2) [D.I. 405; filed: 11/16/17]
Status: This matter is going forward. 7.
Debtors' Motion for Entry of an Order Extending the Deadline to Designate Contracts and Leases for Assumption, Assignment and Sale Pursuant to Asset Purchase Agreement [D.I. 608; filed: 01/16/18] Response Deadline: January 30, 2018 at 4:00 p.m. Responses Received: None to date Related Documents: A.
Motion of the Debtors for Expedited Consideration of Debtors' Motion for Entry of an Order Extending the Deadline to Designate Contracts and Leases for Assumption, Assignment and Sale Pursuant to Asset Purchase Agreement [D.I. 619; filed: 01/18/18]
B.
Order Granting Motion of the Debtors for Expedited Consideration of Debtors' Motion for Entry of an Order Extending the Deadline to Designate Contracts and
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Leases for Assumption, Assignment and Sale Pursuant to Asset Purchase Agreement [D.I. 622; signed and docketed: 01/19/181 C.
Amended Notice of Hearing [D.I. 623; filed: 01/19/18]
Status: This matter is going forward. Dated: January 22, 2018
SAUL EWING ARNSTEIN & LEHR LLP
Mark Minuti (DE Bar No. 2659) Monique B. DiSabatino (DE Bar No. 6027) 1201 N. Market Street, Suite 2300 P.O. Box 1266 Wilmington, DE 19899-1266 Telephone: (302) 421-6840 Facsimile: (302) 421-5873 [email protected] [email protected] -andKATTEN MUCHIN ROSENMAN LLP Peter A. Siddiqui (admitted pro hac vice) Paige E. Barr (admitted pro hac vice) Allison E. Thompson (admitted pro hac vice) 525 W. Monroe Street Chicago, IL 60661 Telephone: (312) 902-5200 Facsimile: (312) 902-1061 [email protected] [email protected] [email protected]
Attorneys for Debtors and Debtors in Possession
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