In re R.J. Fitz, L.P.
Case No. 06-13542
Emergency
Motion filed by Debtor R.J. Fitz, L.P. for Authority to Pay Prepeition Wages
Motion
filed by Debtor R.J. Fitz, L.P. for Emergency Hearing
First Meeting of Creditors Scheduled on 341(a) meeting to be held on 11/14/2006 at 12:30 P.M. There is no document associated with this link.
Hearing held re Motion filed by Debtor R.J. Fitz, LP to Pay Prepetition Wages. No Document Associated With This Link.
Motion
filed by Creditor Hooters of America for Relief from Stay
Exhibit
A re Motion for Relief from Stay
Exhibit
B re Motion for Relief from Stay
Exhibit
C re Motion for Relief from Stay
Exhibits
D - E re Motion for Relief from Stay
Exhibits
F - I re Motion for Relief from Stay
Motion
Filed by Creditor Hooters of America to Appear Pro Hac Vice Amy Alcoke Quackenboss,
Esquire
Motion
filed by Creditor Hooters of America to Appear Pro Hac Vice Russell S. Bogue,
III, Esquire
Notice
of Appearance and Request for Notice by Gary Leibowitz filed by Creditor US
Foodservice, Inc.
Motion
Filed by Harvey D. Merivis, Esq. for Creditor TMB, LLC to Appear Pro Hac Vice
Motion
Filed by Ronald L. Greene, Esq. for Creditor TMB, LLC to Appear Pro Hac Vice
Notice
of Filing of Amended Petitions (Rochester H. Group Inc. and Warwick Group
Inc.)
Schedules
A - H filed by Debtor R.J. Fitz, L.P.
Statement
of Financial Affaired Filed by Debtor R.J. Fitz, L.P.
List
of 20 Largest Creditors filed by Debtor R.J. Fitz, L.P.
Equity
Security Holders re Order to Update Filed by Debtor R.J. Fitz, L.P.
Motion
filed by Debtor R.J. Fitz, L.P. to Shorten Notice re Motion to Approve
Notice
of Appearance and Request for Notice by Shawn G. Rice for Creditor Priority
Sign, Inc.
Notice
of Appointment of Creditors' Committee
Notice
of Appointment of Creditors' Committee
Hearing Held Re Motion for Relief From Stay Filed by Creditor Hooters of America. No Document Associated With This Link.
Order
Dated 11/21/2006 re Motion filed by Creditor Hooters of America for Relief
from Stay. Evidentiary hearing 12/18/2006 at 12:00 Noon.
Evidentiary
Hearing Scheduled for 12/18/2006 at 12:00 PM re Motion for Relief from Stay
filed by Creditor Hooters of America.
Notice
of Appearance and Request for Notice filed by Amy E. Minchillo for Interested
Parties Claude N. Tyler, III and Victoria Healy
Order
Dated 11/28/2006 Re Motion filed by Debtor R.J. Fitz, L.P. to Approve Insurance
Premium Finance Agreement (for debtor Warwick Group, Inc.). GRANTED. NO OBJECTIONS
WERE FILED AND THE HEARING SCHEDULED FOR 11/28/2006 IS CANCELLED.
Motion
Filed by Creditor Committee Official Committee of Unsecured Creditors to Employ
Jager Smith PC as Counsel with Affidavit
Statement
of Financial Affairs (Amended) Filed by Debtor R.J. Fitz, L.P.
Notice
of Filing of Amended Schedules B and G and of Filing Amended Statement of
Financial Affairs filed by Debtor R.J. Fitz, L.P.
Endorsed
Order Dated 12/4/2006 re Motion filed by Creditor Committee Official Committee
of Unsecured Creditors to Employ Steven C. Reingold of Jager Smith P.C. as
Counsel. MOTION ALLOWED.
Agreed
Order and Stipulation By Creditor Hooters of America, Debtor R.J. Fitz, L.P.
(Re: [24] Motion for Relief From Stay, ). filed by Creditor Hooters of America,
Debtor R.J. Fitz, L.P.
Motion
filed by Creditor Hooters of America, Debtor R.J. Fitz, L.P. to Approve (Re:[105]
Stipulation)
Notice
of Appearance and Request for Notice by Michael J. Fencer. filed by Creditor
Committee Official Committee of Unsecured Creditors
Order
Dated 12/11/2006 Re: [106] Motion filed by Creditor Hooters of America, Debtor
R.J. Fitz, L.P. to Approve [105] Stipulation. UPON CONSIDERATION OF THE MOTION
AND STIPULATION FILED IN THE ABOVE-CAPTIONED CASE, THE COURT HEREBY CANCELS
THE HEARING SCHEDULED FOR DECEMBER 18, 2006. THE COURT SHALL DETERMINE THE
MOTION AT THE EXPIRATION OF THE APPLICABLE NOTICE PERIOD. SEE FED. R. BANKR.
P. 4001(d).
Notice
of Appearance and Request for Notice with certificate of service filed by
Donald L. Gaffney for GE Capital Franchise Finance Corp.
Motion
filed by Donald L. Gaffney for GE Capital Franchise Finance Corporation to
Appear Telephonically Re: [24] Motion filed by Creditor Hooters of America
for Relief from Stay with certificate of service .
Endorsed
Order Dated 12/15/06 Re: [111] Motion To Allow Counsel To Appear Telephonically.
THIS MOTION IS MOOT AS THE HEARING WAS CANCELED.
Endorsed
Order Dated 12/11/2006 Re: [78] Motion filed by Donald L. Gaffney for Creditor
GE Capital Franchise Finance Corporation to Appear pro hac vice. MOTION ALLOWED.
Motion
filed by Debtor R.J. Fitz, L.P. to Shorten Notice (Re:[116] Motion to Approve)
Motion
filed by Debtor R.J. Fitz, L.P. to Approve Insurance Premium Finance Agreement
with certificate of service (Attachments: # (1) Commercial Premium Finance
Agreement and Disclosure Statement# (2) Proposed Order).
Endorsed
Order Dated 12/18/2006 Re: [117]) Motion filed by Debtor R.J. Fitz, L.P. to
Shorten Notice Re:[116] Motion to Approve. MOTION ALLOWED.
Hearing
scheduled for 1/17/2007 at 10:00 AM Boston Courtroom 1 - JNF, Objections due
by 1/16/2007 at 12:00 Noon. RE: [116] Motion filed by Debtor R.J. Fitz, L.P.
to Approve Insurance Premium Finance Agreement.
Notice
of Filing of Amended Schedule F and of Filing of Amended List of Creditors
Holding 20 Largest Unsecured Claims with certificate of service. filed by
Debtor R.J. Fitz, L.P.
List
of 20 Largest Creditors (Amended). filed by Debtor R.J. Fitz, L.P.
Amended
Schedules F Fee Amount $26. filed by Debtor R.J. Fitz, L.P.
Amended
Schedules F [73] Schedules A-H Fee Amount $26. filed by Debtor R.J. Fitz,
L.P. (Ruttenberg, Adam) CORRECTIVE ENTRY: Added Linkage #73. Modified on 12/26/2006
(pkn, usbc). No additional creditors being added. Modified on 12/28/2006.
Endorsed
Order Dated 1/3/2007 RE: [106] Motion filed by Creditor Hooters of America,
Debtor R.J. Fitz, L.P. to Approve [105] Stipulation and Consent Order RE:
[24] Motion for Relief from Stay filed by Creditor Hooters of America.
Motion
to Reject Non-Residential Real Property Leases With (a) The Trustees of the
Randall Benderson 1993-1 Trust (Buffalo), (b) COR Route 31 Company, LLC (Clay),
(c) TMB, LLC (Binghamton), and (d) Genesee Valley Regional Market Authority
(Rochester) or in the Alternative for a Determination That No Leases Exist,
and Establishing Surrender Dates Filed by Adam J. Ruttenberg on behalf of
R.J. Fitz, L.P.
Application
filed by Creditor Committee Official Committee of Unsecured Creditors to Employ
Deloitte Financial Advisory Services LLP as Consultant with Affidavit.
Affidavit
of Sheila T. Smith (Re: [129] Application to Employ). filed by Creditor Committee
Official Committee of Unsecured Creditors.
Affidavit
of Steven C. Reingold (Amended) (Re: [99] Application to Employ, ). filed
by Creditor Committee Official Committee of Unsecured Creditors.
Request
for Payment of Administrative Expense filed by Agar Supply Company, Inc
Response
with certificate of service by Creditor TMB, LLC Re: [127] Motion to Reject
Non-Residential Real Property Leases With (a) The Trustees of the Randall
Benderson 1993-1 Trust (Buffalo), (b) COR Route 31 Company, LLC (Clay), (c)
TMB, LLC (Binghamton), and (d) Genesee Valley Regional Market Authority
Request
for Administrative Claim Gary Leibowitz, Pamela Smith Holleman Creditor US
Foodservice, Inc... filed by Creditor US Foodservice, Inc.
Order
Dated 1/16/2007 Re: [116] Motion filed by Debtor R.J. Fitz, L.P. to Approve
Insurance Premium Finance Agreement. #116 GRANTED. NO OBJECTIONS WERE FILED
AND THE HEARING IS CANCELLED.
Request
for Administrative Claim Gary Leibowitz, Pamela Smith Holleman Creditor US
Foodservice, Inc... filed by Creditor US Foodservice, Inc. As to Binghamton
H. Group, Inc.
Request
for Administrative Claim Gary Leibowitz, Pamela Smith Holleman Creditor US
Foodservice, Inc... filed by Creditor US Foodservice, Inc. As to Albany H.
Group, Inc.
Order
Dated 1/16/2007 APPROVING Insurance Premium Finance Agreement RE: [116] Motion
filed by Debtor R.J. Fitz, L.P. to Approve Insurance Premium Finance Agreement.
Request
for Administrative Claim Gary Leibowitz, Pamela Smith Holleman Creditor US
Foodservice, Inc... filed by Creditor US Foodservice, Inc. As to Rochester
H. Group, Inc.
Request
for Administrative Claim Gary Leibowitz, Pamela Smith Holleman Creditor US
Foodservice, Inc... filed by Creditor US Foodservice, Inc. As to Syracuse
H. Group, Inc.
Motion
and Affidavit in Support of Motion filed by Benderson Trust for Extension
of Time to Respond Re:[127] Motion to Reject Non-Residential Real Property
Leases With (a) The Trustees of the Randall Benderson 1993-1 Trust (Buffalo),
(b) COR Route 31 Company, LLC (Clay), (c) TMB, LLC (Binghamton), and (d) Genesee
Valley Regional Market Authority
Endorsed
Order Dated 1/17/2007 Re: [142] Motion and Affidavit in Support of Motion
filed by Benderson Trust for Extension of Time (January 19, 2007) to Respond
Re:[127] Motion to Reject Non-Residential Real Property Leases With (a) The
Trustees of the Randall Benderson 1993-1 Trust (Buffalo), (b) COR Route 31
Company, LLC (Clay), (c) TMB, LLC (Binghamton), and (d) Genesee Valley Regional
Market Authority (Rochester). MOTION ALLOWED
Hearing
scheduled for 1/31/2007 at 10:15 AM Boston Courtroom 1 - JNF, Objections due
by 1/29/2007 at 04:30 PM. RE: [129] Application filed by Creditor Committee
Official Committee of Unsecured Creditors to Employ Deloitte Financial Advisory
Services LLP as Consultant with Affidavit.
Hearing
scheduled for 3/14/2007 at 11:00 AM Boston Courtroom 1 - JNF, Objections due
by 3/5/2007 at 04:30 PM. RE: [133] Request for Administrative Claim filed
by Creditor Agar Supply Company, Inc.
Hearing
scheduled for 3/14/2007 at 11:00 AM Boston Courtroom 1 - JNF, Objections due
by 3/5/2007 at 04:30 PM. RE: [135] Request for Administrative Claim Gary Leibowitz,
Pamela Smith Holleman Creditor US Foodservice, Inc.
Hearing
scheduled for 3/14/2007 at 11:00 AM Boston Courtroom 1 - JNF, Objections due
by 3/5/2007 at 04:30 PM. RE: [136] Request for Administrative Claim by US
Foodservice, Inc. (Binghamton H. Group. Inc).
Hearing
scheduled for 3/14/2007 at 11:00 AM Boston Courtroom 1 - JNF, Objections due
by 3/5/2007 at 04:30 PM. RE: [138] Request for Administrative Claim filed
by Creditor US Foodservice, Inc. (Albany H. Group, Inc.)
Request
for Administrative Claim Gary Leibowitz, Pamela Smith Holleman Creditor US
Foodservice, Inc... filed by Creditor US Foodservice, Inc.
Hearing
scheduled for 3/14/2007 at 11:00 AM Boston Courtroom 1 - JNF, Objections due
by 3/5/2007 at 04:30 PM. RE: [141] Request for Administrative Claim filed
by Creditor US Foodservice, Inc. (Syracuse H. Group, Inc.)
Hearing
scheduled for 3/14/2007 at 11:00 AM Boston Courtroom 1 - JNF, Objections due
by 3/5/2007 at 04:30 PM. RE: [140] Request for Administrative Claim filed
by Creditor US Foodservice, Inc. (Rochester H. Group, Inc)
Response
of Randall Benderson 1993-1 Trust to Debtor's Motion for Entry of Order (i)
Approving Rejection of Non-Residential Real Property Leases or in the Alternative
for a Determination that no Leases Exist and (ii) Establishing Surrender Dates
Notice
of Hearing and Deadline for Filing of Objections with attached Certificate
of Service (RE: [140] Request for Administrative Claim,,, [138] Request for
Administrative Claim,,, [135] Request for Administrative Claim,, [136] Request
for Administrative Claim,,, [141] Request for Administrative Claim,, ). filed
by Creditor US Foodservice, Inc
Endorsed
Order Dated 1/24/2007 Re: [127] Motion to Reject Non-Residential Real Property
Leases With (a) The Trustees of the Randall Benderson 1993-1 Trust (Buffalo),
(b) COR Route 31 Company, LLC (Clay), (c) TMB, LLC (Binghamton), and (d) Genesee
Valley Regional Market Authority (Rochester) or in the Alternative for a Determination
That No Leases Exist, and Establishing Surrender Dates. MOTION ALLOWED.
Motion
filed by Debtor R.J. Fitz, L.P. to Extend Time to Assume or Reject Unexpired
Leases of Nonresidential Real Property
Motion
filed by Debtor R.J. Fitz, L.P. For Expedited Hearing (Re: [168] Motion to
Extend Time to Assume or Reject)
Hearing
scheduled for 1/31/2007 at 11:30 AM Boston Courtroom 1 - JNF, Objections due
by 1/30/2007 at 12:00 Noon. RE: [168] Motion filed by Debtor R.J. Fitz, L.P.
to Extend Time to Assume or Reject Unexpired Leases of Nonresidential Real
Property.
Endorsed
Order Dated 1/26/2007 Re: [169]Motion filed by Debtor R.J. Fitz, L.P. For
Expedited Hearing (Re: [168] Motion to Extend Deadline for Assumption or Rejection
of Unexpired Leases of Nonresidential real property. MOTION ALLOWED.
Hearing
Rescheduled for 1/31/2007 at 11:30 AM Boston Courtroom 1 - JNF, RE: [129]
Application filed by Creditor Committee Official Committee of Unsecured Creditors
to Employ Deloitte Financial Advisory Services LLP as Consultant (THE TIME
OF THE HEARING IS CHANGED FROM 10:15 AM TO 11:30 AM.)
Motion
filed by Attorney Kevin M. Newman to Appear pro hac vice on behalf of Carousel
Center Company, L.P. and Crossgates Mall Company Newco, LLC (Attachments:
# (1) Affidavit in Support of Kevin M. Newman# (2) Proposed Order).
Assented
To Motion filed by Creditors Patricia A. Lynch, James C. Lynch for Relief
from Stay Re: Insurance Policy with certificate of service Fee Amount $150,
Objections due by 2/8/2007.
Motion
filed by Debtor R.J. Fitz, L.P. to Extend Exclusivity Period for Filing
a Chapter 11 Plan and Disclosure Statement
Limited
Objection by Creditor Mayflower Realty Trust Re: [168] Motion filed by Debtor
R.J. Fitz, L.P. to Extend Time to Assume or Reject Unexpired Leases of Nonresidential
Real Property
Endorsed
Order Dated 1/29/2007 Re: [174] Motion filed by Attorney Kevin M. Newman
to Appear pro hac vice on behalf of Carousel Center Company, L.P. and Crossgates
Mall Company Newco, LLC. MOTION ALLOWED.
Affidavit
of Steven C. Reingold (Second Amended) (Re: [99] Application to Employ, ).
filed by Creditor Committee Official Committee of Unsecured Creditors
Hearing
scheduled for 3/21/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 3/15/2007 at 04:30 PM. RE: [181] Motion filed by Debtor R.J. Fitz, L.P.
to Extend Exclusivity Period for Filing a Chapter 11 Plan and Disclosure Statement.
Hearing Held RE: [129] Application to Employ filed by Creditor Committee Official Committee of Unsecured Creditors, [168] Motion to Extend Time to Assume or Reject filed by Debtor R.J. Fitz, L.P. There is no document associated with this link.
Order
Dated 1/31/2007 Re: [129] Application filed by Creditor Committee Official
Committee of Unsecured Creditors to Employ Deloitte Financial Advisory Services
LLP as Consultant. #129 APPROVED. THERE WERE NO OBJECTIONS FILED.
Order
Dated 1/31/2007 Re: [168] Motion filed by Debtor R.J. Fitz, L.P. to Extend
Time to Assume or Reject Unexpired Leases of Nonresidential Real Property.
#168 GRANTED. THE LIMITED OBJECTION WAS SUSTAINED AND THE COURT DIRECTS THAT
THE DEBTOR PAY ALL POSTPETITION RENT ON A TIMELY BASIS (WITHIN 10 DAYS OF
DUE DATE) TO MAYFLOWER REALTY TRUST.
Affidavit
of Sheila T. Smith (First Supplemental) (Re: [129] Application to Employ).
filed by Creditor Committee Official Committee of Unsecured Creditors
Motion
filed by Debtor R.J. Fitz, L.P. to Clarify (Re: [167] Order on Motion to Assume/Reject)
Notice Of Intent To Abandon Personal Property (Clay Equipment) with certificate of service. filed by Debtor R.J. Fitz, L.P. No Document Associated With This Link.
Notice
Of Intent To Abandon Personal Property (Clay Equipment) with certificate of
service. filed by Debtor R.J. Fitz, L.P.
Hearing
scheduled for 2/21/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 2/20/2007 at 12:00 Noon. RE: [192] Motion filed by Debtor R.J. Fitz, L.P.
to Clarify [167] Order on [127] Motion to for Entry of an Order Approving
Rejection of Non-Residential Real Property Leases or in The Alternative for
a Determination that No Leases Exist and Establishing Surrender Dates.
Notice
of Motion filed by Brenda A. Mattar for Creditor Randall Benderson 1993-1
to Appear pro hac vice.
Notice
of Motion filed by Louis B. Dingeldey for Creditor Randall Benderson 1993-1
to Appear pro hac vice.
Endorsed
Order Dated 2/7/2007 Re: [199] Notice of Motion filed by Brenda A. Mattar
for Creditor Randall Benderson 1993-1 to Appear pro hac vice. MOTION ALLOWED.
Endorsed
Order Dated 2/7/2007 Re: [200] Notice of Motion filed by Louis B. Dingeldey
for Creditor Randall Benderson 1993-1 to Appear pro hac vice. MOTION ALLOWED.
Endorsed
Order Dated 2/9/2007 Re: [176] Assented To Motion filed by Creditors Patricia
A. Lynch, James C. Lynch for Relief from Stay Re: Insurance Policy. NO OBJECTIONS.
MOTION ALLOWED.
First
Application Pursuant to 11 U.S.C. § 331 for Award for Interim Compensation
and Reimbursement of Expenses and Looney & Grossman, L.L.P., Counsel to
the Debtors
Hearing
scheduled for 3/21/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 3/15/2007 at 04:30 PM. RE: [209] First Interim Application for Compensation
and Reimbursement of Expenses for Melvin S. Hoffman, Debtor's Attorney.
Response
with certificate of service filed by Randall Benderson 1993-1 Re: [192] Motion
filed by Debtor R.J. Fitz, L.P. to Clarify [167] Order on Motion to Assume/Reject.
Exhibits
A-E filed by Randall Benderson 1993-1 Re: [213] Response with certificate
of service filed by Randall Benderson 1993-1 Re: 192 Motion filed by Debtor
R.J. Fitz, L.P. to Clarify 167 Order on Motion to Assume/Reject.
Hearing
Held RE: [192] Motion to Clarify filed by Debtor R.J. Fitz, L.P.
Order
Dated 2/21/2007 Re: [192] Motion filed by Debtor R.J. Fitz, L.P. to Clarify
[167] Order on Motion to Assume/Reject. #192, #213 - THE COURT CLARIFIED THE
PRIOR ORDER DATED JANUARY 24, 2007 AND ENTERED A SEPARATE ORDER.
Opposition
by Debtors to Request of Agar Supply Co., Inc. for Payment of Administrative
Expense with certificate of service by Debtor R.J. Fitz, L.P. Re: [133] Request
for Administrative Claim David M. Souza Creditor Agar Supply Company, Inc.
Motion
filed by Debtor R.J. Fitz, L.P. to Approve (Re:[220] Stipulation,, [224] Stipulation,,
[222] Stipulation,, [223] Stipulation,, [221] Stipulation, ) Stipulations
for Allowance for Administrative Expense Claims of U.S. Foodserivce, Inc.
Under 11 U.S.C. Section 503(b)(9).
Agreed
Order and Stipulation By Debtor R.J. Fitz, L.P., Creditor US Foodservice,
Inc. for Allowance of Administrative Expense Claim of U.S. Foodserivce, Inc.
Under 11 U.S.C. Section 503(b)(9) (Clay H Group, Inc.). filed by Debtor R.J.
Fitz, L.P., Creditor US Foodservice, Inc.
Agreed
Order and Stipulation By Debtor R.J. Fitz, L.P., Creditor US Foodservice,
Inc. for Allowance of Administrative Expense Claim of U.S. Foodserivce, Inc.
Under 11 U.S.C. Section 503(b)(9) (Binghamton H Group, Inc.). filed by Debtor
R.J. Fitz, L.P., Creditor US Foodservice, Inc.
Agreed
Order and Stipulation By Debtor R.J. Fitz, L.P., Creditor US Foodservice,
Inc. for Allowance of Administrative Expense Claim of U.S. Foodserivce, Inc.
Under 11 U.S.C. Section 503(b)(9) (Albany H Group, Inc.). filed by Debtor
R.J. Fitz, L.P., Creditor US Foodservice, Inc.
Agreed
Order and Stipulation By Debtor R.J. Fitz, L.P., Creditor US Foodservice,
Inc. for Allowance of Administrative Expense Claim of U.S. Foodserivce, Inc.
Under 11 U.S.C. Section 503(b)(9) (Syracuse H Group, Inc.). filed by Debtor
R.J. Fitz, L.P., Creditor US Foodservice, Inc.
Agreed
Order and Stipulation By Debtor R.J. Fitz, L.P., Creditor US Foodservice,
Inc. for Allowance of Administrative Expense Claim of U.S. Foodserivce, Inc.
Under 11 U.S.C. Section 503(b)(9) (Rochester H Group, Inc.). filed by Debtor
R.J. Fitz, L.P., Creditor US Foodservice, Inc.
Agreed
Order and Stipulation By Creditor Agar Supply Company, Inc., Debtor R.J. Fitz,
L.P. for Allowance of Administrative Expense Claim. filed by Creditor Agar
Supply Company, Inc., Debtor R.J. Fitz, L.P.
Motion
filed by Debtor R.J. Fitz, L.P. to Approve (Re:[227] Stipulation) Stipulation
for Allowance of Administrative Expense Claim of Agar Supply Co., Inc. Under
11 U.S.C. Section 503(b)(9)
Order
Dated 3/12/2007 Re: [133] Request for Payment of Administrative Expense filed
by Agar Supply Company, Inc. IN LIGHT OF THE PARTIES HAVING FILED A STIPULATION
ON 3/12/2007, THE COURT CANCELS THE 3/14/2007 HEARING WITH RESPECT TO THIS
MATTER.
Endorsed
Order Dated 3/12/2007 Re: [228] Motion filed by Debtor R.J. Fitz, L.P. to
Approve [227] Stipulation for Allowance of Administrative Expense Claim of
Agar Supply Co., Inc. Under 11 U.S.C. Section 503(b)(9). MOTION ALLOWED.
Stipulation
and Consent Order Dated 3/12/2007 RE: [133]Request for Payment of Administrative
Expense filed by Agar Supply Company, Inc.
Order
Dated 3/12/2007 Re: [135] Request for Allowance and Payment of Administrative
Expenses Under Sec. 503(b)(9) filed by U.S. Foodservice, Inc. (Clay H. Group,
Inc.) IN LIGHT OF THE PARTIES HAVING FILED A STIPULAION ON 3/12/2007, THE
COURT CANCELS THE 3/14/2007 HEARING WITH RESPECT TO THIS MATTER.
Stipulation
and Consent Order Dated 3/12/2007 RE: [135] Request for Allowance and Payment
of Administrative Expenses Under Sec. 503(b)(9) filed by U.S. Foodservice,
Inc. (Clay H. Group, Inc.).
Order
Dated 3/12/2007 Re: [136] Request for Allowance and Payment of Administrative
Expenses Under Sec. 503(b)(9) filed by Creditor US Foodservice, Inc. (Binghamton
H Group, Inc.). IN LIGHT OF THE PARTIES HAVING FILED A STIPULATION ON 3/12/2007,
THE COURT CANCELS THE 3/14/2007 HEARING WITH RESPECT TO THIS MATTER.
Stipulation
and Consent Order Dated 3/12/2007 RE: [136] Request for Allowance and Payment
of Administrative Expenses Under Sec. 503(b)(9) filed by Creditor US Foodservice,
Inc. (Binghamton H Group, Inc.).
Order
Dated 3/12/2007 RE: [138] Request for Alllowance and Payment of Administrative
Expenses Under Section 503(b)(9) filed by Creditor US Foodservice, Inc.. (Albany
H Group, Inc.). IN LIGHT OF THE PARTIES HAVING FILED A STIPULATION ON 3/12/2007,
THE COURT CANCELS THE 3/14/2007 HEARING WITH RESPECT TO THIS MATTER.
Stipulation
and Consent Order Dated 3/12/2007 RE: [138] Request for Alllowance and Payment
of Administrative Expenses Under Section 503(b)(9) filed by Creditor US Foodservice,
Inc.. (Albany H Group, Inc.).
Endorsed
Order Dated 3/12/2007 Re: [225] Motion filed by Debtor R.J. Fitz, L.P. to
Approve [220] Stipulation, [224] Stipulation, [222] Stipulation, [223] Stipulation,
[221] Stipulation. MOTION ALLOWED.
Order
Dated 3/12/2007 RE: [140] Request for Allowance and Payment of Administrative
Expenses Under Section 503(b)(9)filed by Creditor US Foodservice, Inc.. (Rochester
H. Group, Inc.). IN LIGHT OF THE PARTIES HAVING FILED A STIPULATION ON 3/12/2007,
THE COURT CANCELS THE 3/14/2007 HEARING WITH RESPECT TO THIS MATTER.
Order
Dated 3/12/2007 RE: [141] Request for Allowance and Payment of Administrative
Expenses Under Section 503(b)(9) filed by Creditor US Foodservice, Inc. (Syracuse
H Group, Inc). IN LIGHT OF THE PARTIES HAVING FILED A STIPULATION ON 3/12/2007,
THE COURT CANCELS THE 3/14/2007 HEARING WITH RESPECT TO THIS MATTER.
Stipulation
and Consent Order Dated 3/12/2007 Re: [141] Request for Allowance and Payment
of Administrative Expenses Under Section 503(b)(9) filed by Creditor US Foodservice,
Inc. (Syracuse H Group, Inc).
Stipulation
and Consent Order Dated RE: [140] Request for Allowance and Payment of Administrative
Expenses Under Section 503(b)(9) filed by Creditor US Foodservice, Inc.. (Rochester
H. Group, Inc.).
Order
Dated 3/20/2007 Re: [181] Motion filed by Debtor R.J. Fitz, L.P. to Extend
Exclusivity Period for Filing a Chapter 11 Plan and Disclosure Statement.
#181 GRANTED. NO OBJECTIONS WERE FILED AND THE HEARING IS CANCELED.
Order
Dated 3/20/2007 RE: [209] First Interim Application for Compensation and Reimbursement
of Expenses with certificate of service for Melvin S. Hoffman, Debtor's Attorney,
Period: 10/6/2006 to 1/31/2007, Fee: $121,756.00, Expenses: $5,318.50. #209
APPROVED. NO OBJECTIONS WERE FILED AND THE HEARING IS CANCELED.
Motion
filed by Debtor R.J. Fitz, L.P. to Set Bar Date for Filing Requests for Payment
of Administrative Expenses Incurred on or before February 28, 2007 with certificate
of service (Attachments: # (1) Proposed Order).
Motion
filed by Debtor R.J. Fitz, L.P. to Set Bar Date for Filing Proofs of Claim
with certificate of service (Attachments: # (1) Proposed Order)
Order
and Notice Fixing Deadline for Filing Proofs of Claim Dated 3/22/2007 Re:
[259]) Motion filed by Debtor R.J. Fitz, L.P. to Set Bar Date for Filing Proofs
of Claim. Proofs of Claims due by 5/15/2007.
Order
and Notice Fixing Bar Date For Filing Requests for Payment of Administrative
Expenses Incurred on or Before February 28, 2007 Re: [260] Motion filed by
Debtor R.J. Fitz, L.P. to Set Bar Date for Filing Requests for Payment of
Administrative Expenses Incurred on or before February 28, 2007 3/22/2007.
Requests for Administrative Payment due by 5/15/2007.
Motion
filed by Creditors Carousel Center Company, L.P., Crossgates Mall Company
NewCo, LLC to Compel [Motion for Order: (i) Compelling Debtors' Immediate
Payment of All Outstanding Post-Petition Rent, Charges and Attorneys' Fees
Due and Owing Under Leases Pursuant to 11 U.S.C. Sections 365(d)(3); and (ii)
Allowing Administrative Claim for Outstanding Post-Petition Rent, Charges
and Attorneys' Fees Due and Owing Under Leases] (Attachments: # (1) Exhibit
A - C#)
Motion
filed by Debtor R.J. Fitz, L.P. to Extend Automatic Stay with Respect to Actions
of Hooters of America, Inc. Against Non-Debtors
Affidavit
of Michael J. Walsh (Re: [269] Motion to Extend Automatic Stay). filed by
Debtor R.J. Fitz, L.P.
Affidavit
of Paul Kraemer (Re: [269] Motion to Extend Automatic Stay). filed by Debtor
R.J. Fitz, L.P.
Motion
filed by Debtor R.J. Fitz, L.P. For Authority to Conduct Document Discovery
Directed to Hooters of America, Inc. Pursuant to Fed. R. Bankr. P. 2004 with
certificate of service (Attachments: # (1) Proposed Order)
Hearing
scheduled for 4/23/2007 at 11:45 AM Boston Courtroom 1 - JNF, Objections due
by 4/20/2007 at 04:00 PM. RE: [268] Motion filed by Creditors Carousel Center
Company, L.P., Crossgates Mall Company NewCo, LLC for Order: (i) Compelling
Debtors' Immediate Payment of All Outstanding Post-Petition Rent, Charges
and Attorneys' Fees Due and Owing Under Leases Pursuant to 11 U.S.C. Sections
365(d)(3); and (ii) Allowing Administrative Claim for Outstanding Post-Petition
Rent, Charges and Attorneys' Fees Due and Owing Under Leases.
First
Interim Application for Compensation for Jager Smith P.C., Creditor Comm.
Aty, Period: 12/1/2006 to 3/31/2007, Fee: $28,291.00, Expenses: $595.08. (Attachments:
# (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit
E# (6) Exhibit F).
Motion
filed by Attorney Jager Smith P.C. to Limit Notice (Re:[276] Application for
Compensation, )
Hearing
scheduled for 4/23/2007 at 11:45 AM Boston Courtroom 1 - JNF, Objections due
by 4/20/2007 at 04:00 PM. RE: [268] Motion filed by Debtor R.J. Fitz, L.P.
to Extend Automatic Stay with Respect to Actions of Hooters of America, Inc.
Against Non-Debtors.
Endorsed
Order Dated 4/9/2007 Re: [277] Motion filed by Attorney Jager Smith P.C. to
Limit Notice RE:[276] Application for Compensation. MOTION ALLOWED.
Endorsed
Order Dated 4/9/2007 Re: [272] Motion filed by Debtor R.J. Fitz, L.P. For
Authority to Conduct Document Discovery Directed to Hooters of America, Inc.
Pursuant to Fed. R. Bankr. P. 2004. MOTION ALLOWED.
Application
filed by Creditor Waste Management -RMC for Administrative Expenses.
Hearing
scheduled for 5/23/2007 at 11:00 AM Boston Courtroom 1 - JNF, Objections due
by 5/14/2007 at 04:30 PM. RE: [276] First Interim Application for Compensation
for Jager Smith P.C., Creditor Comm. Aty, Period: 12/1/2006 to 3/31/2007.
Notice
of (I) Filing; (II) Objection Deadline; and (III) Hearing Date (RE: [276]
Application for Compensation, ). filed by Attorney Jager Smith P.C.
Notice
of Appearance and Request for Notice by Joseph G. LaRusso with certificate
of service. filed by Creditor City of Boston Treasury Department
Motion
filed by Creditor GE Capital Franchise Finance Corporation to Appear Telephonically
(Re: [268] Motion filed by Creditors Carousel Center Company, L.P., Crossgates
Mall Company NewCo, LLC for Order: (i) Compelling Debtors' Immediate Payment
of All Outstanding Post-Petition Rent, Charges and Attorneys' Fees Due and
Owing Under Leases Pursuant to 11 U.S.C. Sections 365(d)(3); and (ii) Allowing
Administrative Claim for Outstanding Post-Petition Rent, Charges and Attorneys'
Fees Due and Owing Under Leases]
Supplemental
Supplement to Motion for Order: (i) Compelling Debtors' Immediate Payment
of all Outstanding Post-Petition Rent, Charges and Attorneys' Fees Due and
Owing under Leases and (ii) Allowing Administrative Claim for Outstanding
Post-Petition Rent, Charges and Attorneys' Fees Due and Owing under Leases
(Re: [268] Motion to Compel,, ). filed by Creditors Carousel Center Company,
L.P., Crossgates Mall Company NewCo, LLC.
Affidavit
of William F. Baker in Support of Motion for Order (i) Compelling Debtors'
Immediate Payment of All Outstanding Post-Petition Rent, Charges and Attorneys'
Fees Due and Owing Under Leases; and (ii) Allowing Administrative Claim for
Outstanding Post-Petition Rent, Charges and Attorneys' Fees Due and Owing
Under Leases (Re: [291] Supplemental Document,, [268] Motion to Compel,, ).
filed by Creditors Carousel Center Company, L.P., Crossgates Mall Company
NewCo, LLC (Attachments: # (1) Exhibits A & B).
Endorsed
Order Dated 4/19/2007 Re: [290] Motion filed by Creditor GE Capital Franchise
Finance Corporation to Appear Telephonically (Re: [268] Motion filed by Creditors
Carousel Center Company, L.P., Crossgates Mall Company NewCo, LLC for Order:
(i) Compelling Debtors' Immediate Payment of All Outstanding Post-Petition
Rent, Charges and Attorneys' Fees Due and Owing Under Leases Pursuant to 11
U.S.C. Sections 365(d)(3); and (ii) Allowing Administrative Claim for Outstanding
Post-Petition Rent,Charges and Attorneys' Fees Due and Owing Under Leases.
MOTION ALLOWED.
Opposition
to Pyramid Landlord's Motion for Order: (i) Compelling Debtors' Immediate
Payment of All Outstanding Post-Petition Rent, Charges and Attorney's Fees
Due and Owing Under Leases Pursuant to 11 U.S.C. Sections 365(d)(3); and (ii)
Allowing Administrative Claim for Outstanding Post-Petition Rent, Charges
and Attorney's Fees Due and Owing Under Leases with certificate of service
by Debtor R.J. Fitz, L.P. Re: [268] Motion filed by Creditors Carousel Center
Company, L.P., Crossgates Mall Company NewCo, LLC to Compel [Motion for Order:
(i) Compelling Debtors' Immediate Payment of All Outstanding Post-Petition
Rent, Charges and Attorneys' Fees Due.
Assented
To Motion filed by Creditor Hooters of America to Continue Hearing (Re: [269]
Motion to Extend Automatic Stay).
Stipulation
By Creditor Hooters of America and Debtors with certificate of service (Re:
[269] Motion to Extend Automatic Stay). filed by Creditor Hooters of America.
Order
Dated 4/20/2007 Re: [296]Assented To Motion filed by Creditor Hooters of America
to Continue Hearing Re: [269] Motion to Extend Automatic Stay. IT IS HEREBY
ORDERED THAT THE HEARING ON THE MOTION TO EXTEND WHICH IS CURRENTLY SCHEDULED
FOR MONDAY, APRIL 23, 2007 AT 11:45A.M. IS CONTINUED UNTIL MAY 22, 2007 AT
10:30AM.
Hearing
Continued for 5/22/2007 at 10:30 AM Boston Courtroom 1 - JNF RE: [269] Motion
filed by Debtor R.J. Fitz, L.P. to Extend Automatic Stay with Respect to Actions
of Hooters of America, Inc. Against Non-Debtors.
Reply
with certificate of service by Creditors Carousel Center Company, L.P., Crossgates
Mall Company NewCo, LLC Re: [295] Opposition filed by Carousel Center Company,
L.P., Crossgates Mall Company with Certificate of Service Re: [268] Motion
filed by Pyramid Landlord for Order: (i) Compelling Debtors' Immediate Payment
of All Outstanding Post-Petition Rent, Charges and Attorney's Fees Due and
Owing Under Leases Pursuant to 11 U.S.C. Sections 365(d)(3); and (ii) Allowing
Administrative Claim for Outstanding Post-Petition Rent, Charges and Attorney's
Fees Due and Owing Under Leases.
Hearing Held RE: [268] Motion filed by Creditors Carousel Center Company, L.P., Crossgates Mall Company NewCo, LLC for Order: (i) Compelling Debtors' Immediate Payment of All Outstanding Post-Petition Rent, Charges and Attorneys' Fees Due and Owing Under Leases Pursuant to 11 U.S.C. Sections 365(d)(3); and (ii) Allowing Administrative Claim for Outstanding Post-Petition Rent, Charges and Attorneys' Fees Due and Owing Under Leases. No Document Associated With This Link.
Order
Dated 4/23/2007 Re: [268] Motion filed by Creditors Carousel Center Company,
L.P., Crossgates Mall Company NewCo, LLC for Order: (i) Compelling Debtors'
Immediate Payment of All Outstanding Post-Petition Rent, Charges and Attorneys'
Fees Due and Owing Under Leases Pursuant to 11 U.S.C. Sections 365(d)(3);
and (ii) Allowing Administrative Claim for Outstanding Post-Petition Rent,
Charges and Attorneys' Fees Due and Owing Under Leases. STIPULATED ORDER TO
BE SUBMITTED BY 4/26/2007.
Amended
Hearing Rescheduled for 5/22/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections
due by 5/14/2007 at 04:30 PM. RE: [276] First Interim Application for Compensation
for Jager Smith P.C., Creditor Comm. Aty, Period: 12/1/2006 to 3/31/2007.
Agreed
Order Dated 4/30/2007 Re: [268] Motion filed by Creditors Carousel Center
Company, L.P., Crossgates Mall Company NewCo, LLC for Order: (i) Compelling
Debtors' Immediate Payment of All Outstanding Post-Petition Rent, Charges
and Attorneys' Fees Due and Owing Under Leases Pursuant to 11 U.S.C. Sections
365(d)(3); and (ii) Allowing Administrative Claim for Outstanding Post-Petition
Rent, Charges and Attorneys' Fees Due and Owing Under Leases. (See Agreed
Order for full text).
Administrative
Claim filed by Creditor Hooters of America (06-13549).
Motion
filed by Debtor R.J. Fitz, L.P. to Dismiss Case of Syracuse H Group, Inc.;
Rochester H Group, Inc.; Clay H Group, Inc.; Buffalo H Group, Inc.; and Binghamton
H Group, Inc.
Motion
to Assume Unexpired Leases of Nonresidental Real Property (R.J. Ftiz, L.P.;
Albany H Group, Inc.; Cape Entertainment Mangement, Inc.; Manchester H Group,
Inc.; Nashua H Group, Inc.; Salem H Group II, Inc. Warwick Group, Inc.) With
141 Portland LLC; Crossgates Malls Company L.P.; Mayflower Realty Trust; HTL
Corporation of Manchester, NH; Nashua H Group, LLC; Salem H Group, LLC; and
Concord Realty Trust Filed by Melvin S. Hoffman on behalf of R.J. Fitz, L.P.,
Debtor.
Affidavit
of Joel Graham In Support of Carousel Center Company, L.P.'s Motion for an
Order of Contempt Pursuant to 11 U.S.C. Section 105 and Rule 9020 of the Federal
Rules of Bankruptcy Procedure (Re: [314] Motion for Contempt). filed by Creditor
Carousel Center Company, L.P.
Opposition
of Syracuse H Group, Inc. to Motion of Carousel Center Company, L.P. For an
Order of Contempt with certificate of service filed by Debtor R.J. Fitz, L.P.
Re: [314] Motion filed by Creditor Carousel Center Company, L.P. For Contempt
Pursuant to 11 U.S.C. Section 105 and Rule 9020 of the Federal Rules of Bankruptcy
Procedure
Request
for Administrative Claim Kevin M. Newman Creditor Carousel Center Company,
L.P... filed by Creditor Carousel Center Company, L.P.
Request
for Administrative Claim Kevin M. Newman Creditor Crossgates Mall Company
NewCo, LLC.. filed by Creditor Crossgates Mall Company NewCo, LLC
Objection
to Syracuse H. Group, Inc.'s Motion to Dismiss Chapter 11 Case filed by Creditor
Carousel Center Company, L.P. Re: 312 Motion filed by Debtor R.J. Fitz, L.P.
to Dismiss Case of Syracuse H Group, Inc.; Rochester H Group, Inc.; Clay H
Group, Inc.; Buffalo H Group, Inc.; and Binghamton H Group, Inc. with certificate
of service
Application
filed by Creditor Hooters of America for Administrative Expenses with certificate
of service
Assented
To Motion filed by Creditor Hooters of America to Continue Hearing (Re: 269
Motion to Extend Automatic Stay) with certificate of service
Endorsed
Order Dated 5/16/2007 Re: 334 Assented To Motion filed by Creditor Hooters
of America to Continue Hearing Re: 269 Motion to Extend Automatic Stay. ALLOWED.
THE CLERK SHALL RESCHEDULE THE HEARING
Hearing
Rescheduled for 6/27/2007 at 11:00 AM Boston Courtroom 1 - JNF, Objections
due by 6/25/2007 at 04:30 PM. RE: 269 Motion filed by Debtor R.J. Fitz, L.P.
to Extend Automatic Stay with Respect to Actions of Hooters of America, Inc.
Against Non-Debtors
Hearing
scheduled for 6/20/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 6/14/2007 at 04:30 PM. RE: 283 Application for Administrative Expenses
filed by Creditor Waste Management -RMC
Hearing
scheduled for 6/20/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 6/14/2007 at 04:30 PM. RE: 310 Administrative Claim filed by Creditor Colonial
Gas Company d/b/a Keyspan Energy Delivery New England
Hearing
scheduled for 6/20/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 6/14/2007 at 04:30 PM. RE: 329 Request for Administrative Claim filed by
Creditor Crossgates Mall Company NewCo, LLC
Hearing
scheduled for 6/20/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 6/14/2007 at 04:30 PM. RE: 328 Request for Administrative Claim Kevin M.
Newman Creditor Carousel Center Company, L.P.
Hearing
scheduled for 6/20/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 6/14/2007 at 04:30 PM. RE: 333 Request filed by Creditor Hooters of America
for Administrative Expenses
Status
Conference scheduled for 6/20/2007 at 10:30 AM Boston Courtroom 1 - JNF, RE:
1 Voluntary Petition (Chapter 11) filed by Debtor R.J. Fitz, L.P
Order
Dated 5/21/2007 RE: 276 First Interim Application for Compensation for Jager
Smith P.C., Creditor Comm. Aty, Period: 12/1/2006 to 3/31/2007, Fee: $28,291.00,
Expenses: $595.08. #276 APPROVED. NO OBJECTIONS WERE FILED, AND THE HEARING
IS CANCELED
Motion
filed by Creditor GE Capital Franchise Finance Corporation to Appear Telephonically
at June 20, 2007 Status Conference
Motion
filed by Creditor Committee Official Committee of Unsecured Creditors to Convert
Case to Chapter 7
Endorsed
Order Dated 5/23/2007 Re: Motion filed by Creditor GE Capital Franchise Finance
Corporation to Appear Telephonically at June 20, 2007 Status Conference RE:
1 Voluntary Petition (Chapter 11) filed by Debtor R.J. Fitz, L.P. MOTION ALLOWED
Motion
filed by Assistant U.S. Trustee John Fitzgerald to Convert Case to Chapter
7 or, in the alternative, to dismiss cases with certificate of service
Hearing
scheduled for 6/20/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 6/18/2007 at 04:30 PM. RE: Motion filed by Assistant U.S. Trustee John
Fitzgerald to Convert Case to Chapter 7 or, in the alternative, to dismiss
cases
Hearing
scheduled for 6/20/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 6/18/2007 at 04:30 PM. RE: Motion filed by Creditor Committee Official
Committee of Unsecured Creditors to Convert Case to Chapter 7
First
Interim Application for Compensation for Deloitte Financial Advisory Services
LLP, Financial Advisor, Period: 1/9/2007 to 5/18/2007, Fee: $9,597.50, Expenses:
$0.00.
Endorsed
Order Dated 5/29/2007 Re: Motion filed by Creditor Committee Official Committee
of Unsecured Creditors for Order Prescribing Notice of Filing of First Interim
Fee Application for Allowance of Fees and Expenses of Deloitte Financial Advisory
Committe of Unsecured Creditors for the Period from January 9, 2007 through
May 18, 2007 Re: Application for Compensation. MOTION ALLOWED
Hearing
scheduled for 6/20/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 6/18/2007 at 04:30 PM. RE: 365 First Interim Application for Compensation
for Deloitte Financial Advisory Services LLP, Financial Advisor, Period: 1/9/2007
to 5/18/2007
Motion
filed by Creditor Hooters of America to Convert Case to Chapter 7 or Dismiss
with certificate of service.
Hearing
scheduled for 6/20/2007 at 10:30 AM Boston Courtroom 1 - JNF, Objections due
by 6/18/2007 at 04:30 PM. RE: 370 Motion filed by Creditor Hooters of America
to Convert Case to Chapter 7 or Dismiss
Limited
Objection with certificate of service filed by Creditor 141 Portland LLC Re:
313 Motion to Assume Unexpired Leases of Nonresidental Real Property (R.J.
Ftiz, L.P.; Albany H Group, Inc.; Cape Entertainment Mangement, Inc.; Manchester
H Group, Inc.; Nashua H Group, Inc.; Salem H Group II, Inc. Warwick Group,
Inc.) With 141 Portland.
Withdrawal
of Attorney Louis B. Dingeldey Jr. for Randall Benderson 1993-1 Trust
Objection
filed by Creditor Committee Official Committee of Unsecured Creditors Re:
Motion to Assume Unexpired Leases of Nonresidental Real Property (R.J. Ftiz,
L.P.; Albany H Group, Inc.; Cape Entertainment Mangement, Inc.; Manchester
H Group, Inc.; Nashua H Group, Inc.; Salem H Group II, Inc. Warwick Group,
Inc.) With 141 Portland
Objection
filed by Creditor Committee Official Committee of Unsecured Creditors Re:
Motion to Assume Certain Executory Contracts (New England Wings, Inc. Franchise
Agreement and Albany H Group, Inc. Franchise Agreement) With Hooters of America,
Inc. Filed by Adam J. Ruttenberg on behalf of R.J. Fitz, L.P., Debtor with
certi
Response
filed by Creditor Mayflower Realty Trust Re: Motion to Assume Unexpired Leases
of Nonresidental Real Property (R.J. Ftiz, L.P.; Albany H Group, Inc.; Cape
Entertainment Mangement, Inc.; Manchester H Group, Inc.; Nashua H Group, Inc.;
Salem H Group II, Inc. Warwick Group, Inc.) With 141 Portland (Johnson, Jay)
(Entered: 06/11/2007)
Objection
with certificate of service filed by Creditor Hooters of America Re: Motion
to Assume Certain Executory Contracts (New England Wings, Inc. Franchise Agreement
and Albany H Group, Inc. Franchise Agreement) With Hooters of America, Inc.
Filed by Adam J. Ruttenberg on behalf of R.J. Fitz, L.P., Debtor with certi
Objection
filed by Creditor Crossgates Mall Company NewCo, LLC Re: Motion to Assume
Unexpired Leases of Nonresidental Real Property (R.J. Ftiz, L.P.; Albany H
Group, Inc.; Cape Entertainment Mangement, Inc.; Manchester H Group, Inc.;
Nashua H Group, Inc.; Salem H Group II, Inc. Warwick Group, Inc.) With 141
Portland
Notice
of Requirement to Complete Course in Financial Management (ADI)
Objection
with certificate of service filed by Debtor R.J. Fitz, L.P. Re: Request filed
by Creditor Hooters of America for Administrative Expenses
Motion
filed by Debtor R.J. Fitz, L.P. to Continue Hearing
Endorsed
Order Dated 6/13/2007 Re: Motion filed by Debtor R.J. Fitz, L.P. to Continue
Hearing Re: Application for Administrative Expenses, Request for Administrative
Claim, Request for Administrative Claim, Application for Administrative Expenses
and to Continue Response Deadline. MOTION DENIED WITHOUT PREJUDICE TO A REQUEST
FOR CONTINUANCES AT THE HEARING SCHEDULED FOR JUNE 20, 2007
Motion
filed by Debtor R.J. Fitz, L.P. to Extend Response Deadline by 24 Hours [Re:
Motion filed by Assistant U.S. Trustee John Fitzgerald to Convert Case to
Chapter 7 or, in the alternative, to dismiss cases with certificate of service.
Fee Amount $15, Motion filed by Creditor Committee Official Committee of Unsecured
Creditors to Convert Case to Chapter 7 . Fee Amount $15, 370 Motion filed
by Creditor Hooters of America to Convert Case to Chapter 7 or Dismiss
Endorsed
Order Dated 6/19/2007 Re: Motion filed by Debtor R.J. Fitz, L.P. to Extend
Response Deadline by 24 Hours Re: Motion filed by Assistant U.S. Trustee John
Fitzgerald to Convert Case to Chapter 7 or, in the alternative, to dismiss
cases with certificate of service, Motion filed by Creditor Committee Official
Committee of Unsecured Creditors to Convert Case to Chapter 7, Motion filed
by Creditor Hooters of America to Convert Case to Chapter 7 or Dismiss. MOTION
ALLOWED
Response
with certificate of service filed by Debtor R.J. Fitz, L.P. Re: Motion filed
by Assistant U.S. Trustee John Fitzgerald to Convert Case to Chapter 7 or,
in the alternative, to dismiss cases with certificate of service. Fee Amount
$15, Motion filed by Creditor Committee Official Committee of Unsecured Creditors
to Convert Case to Chapter 7 . Fee Amount $15, 370 Motion filed by Creditor
Hooters of America to Convert Case to Chapter 7 or Dismiss with certificate
of service
Status Conference Held
Hearing Held RE: Motion to Convert Case to Chapter 7 filed by Assistant U.S. Trustee John Fitzgerald, Motion to Convert Case to Chapter 7 filed by Creditor Hooters of America
Order
Dated 6/20/2007 Re: Motion filed by Assistant U.S. Trustee John Fitzgerald
to Convert Case to Chapter 7 or, in the alternative, to dismiss cases. THE
COURT GRANTED THE U.S. TRUSTEE'S MOTION TO CONVERT THE CHAPTER 11 CASE TO
ONE UNDER CHAPTER 7 FOR THE REASONS STATED ON THE RECORD
Order
Dated 6/20/2007 Re: Motion filed by Creditor Hooters of America to Convert
Case to Chapter 7 or Dismiss. MOOT
Hearing Held RE: Administrative Claim filed by Creditor Waste Management, Adminstrative Claim filed by Creditor Colonial Gas Company d/b/a Keyspan Energy Delivery New England (Hooters-06-13549), Request for Administrative Claim by Creditor Crossgates Mall Company, Request filed by Creditor Hooters of America for Adminstrative Expenses, Objection by Debtor, Motion filed by Creditor Committee Official Committee of Unsecured Creditors to Convert Case to Chapter 7, First Interim Application for Compensation for Deloitte Financial Advisory Services LLP.. (cpd, USBC)
Order
Dated 6/20/2007 RE: Administrative Claim filed by Creditor Waste Management
-RMC. CONTINUED GENERALLY. (cpd, USBC)
Order
Dated 6/20/2007 RE: Administrative Claim filed by Creditor Colonial Gas Company
d/b/a Keyspan Energy Delivery New England ( Hooters-06-13549). CONTINUED GENERALLY.
(cpd, USBC)
Certificate
of Appointment and Acceptance of Trustee and Fixing of Bond (cb, USBC)
Order
Dated 6/20/2007 RE: Request for Administrative Claim Kevin M. Newman Creditor
Carousel Center Company, L.P... filed by Creditor Carousel Center Company,
L.P. CONTINUED GENERALLY. (cpd, USBC)
Meeting of Creditors 341(a) meeting to be held on 7/27/2007 at 02:00 PM at Room 255-B, Thomas P. O'Neill Federal Building. Proofs of Claims due by 10/25/2007. (cb, USBC)
Court's
Notice of 341 sent (cb, USBC)
Hearing Held RE: Request for Administrative Claim filed by Creditor Crossgates Mall Company New Co., LLC. (cpd, USBC)
Order
Dated 6/20/2007 RE: Request for Administrative Claim Kevin M. Newman Creditor
Crossgates Mall Company NewCo, LLC.. CONTINUED GENERALLY. (cpd, USBC)
Order
Dated 6/20/2007 RE: Request filed by Creditor Hooters of America for Administrative
Expenses. Objection by Debtor - CONTINUED GENERALLY. (cpd, USBC)
Order
Dated 6/20/2007 RE: Motion filed by Creditor Committee Official Committee
of Unsecured Creditors to Convert Case to Chapter 7 . MOOT. (cpd, USBC)
Order
Dated 6/20/2007 Re:First Interim Application for Compensation for Deloitte
Financial Advisory Services LLP, Financial Advisor, Period: 1/9/2007 to 5/18/2007,
Fee: $9,597.50, Expenses: $0.00. APPROVED. NO OBJECTIONS WERE FILED. (cpd,
USBC)
Hearing Held RE: Motion by Debtor to Extend the Automatice Stay with Respect to Actions of Hooter of America, Motion to Assume Unexpired Leases of Nonresidential Real Property (R.J. Fitz, L.P., Albany H Group, Inc., Cape Entertainment Management, Inc., Manchester H Group, Inc., Nashua H. Group, Inc., Salem H. Group, LLC, Warwick Group, Inc.) with 141 Portland LLC; Crossgates Malls Company L.P., Mayflower Realty Trust; HTL Corporation of Manchester, NH, Nashua H Group, LLC, Salem H Group, LLC and Concord Realty Trust), Motion filed by Debtor R. J. Fitz, L.P. to Dismiss Cases of Syracuse H Group, Inc., Rochester H Group, Inc., Clay H Group, Inc., Buffalo H Group, Inc. and Bingham H Group, Inc., Motion filed by Creditor Carousel Center Company, L.P. for Contempt Pursuant to 11 U.S.C. Section 105 and Rule 9020 of the Federal Rules of Bankruptcy Procedure RE: Agreed Order Dated 4/30/2007 RE: Motion filed by Creditors Carousel Center Company, L.P., for Order, Motion to Assume Certain Executory Contracts (New England Wings, Inc. Franchise Agreement and Albany H Group, Inc. Franchise Agreement) with Hooters of America, Inc. (cpd, USBC)
Order
Dated 6/20/2007 Re: Motion filed by Debtor R.J. Fitz, L.P. to Extend Automatic
Stay with Respect to Actions of Hooters of America, Inc. Against Non-Debtors.
MOOT. THE DEBTOR'S CASE CONVERTED TO CHAPTER 7 ON 6/20/07. THE COURT CANCELS
THE HEARING SCHEDULED FOR 6/27/07. (cpd, USBC)
Order
Dated 6/20/2007 Re: Motion to Assume Certain Executory Contracts (New England
Wings, Inc. Franchise Agreement and Albany H Group, Inc. Franchise Agreement)
With Hooters of America, Inc. Filed by Adam J. Ruttenberg on behalf of R.J.
Fitz, L.P., Debtor. MOOT. CASE NOW CONVERTED TO CHAPTER 7. (cpd, USBC)
Order
Dated 6/20/2007 Re: Motion filed by Creditor Carousel Center Company, L.P.
For Contempt Pursuant to 11 U.S.C. Section 105 and Rule 9020 of the Federal
Rules of Bankruptcy Procedure RE:] Agreed Order Dated 4/30/2007 Re: Motion
filed by Creditors Carousel Center Company, L.P., Crossgates Mall Company
NewCo, LLC for Order: (i) Compelling Debtors' Immediate Payment of All Outstanding
Post-Petition Rent, Charges and Attorneys' Fees Due and Owing Under Leases
Pursuant to 11 U.S.C. Sections 365(d)(3); and (ii) Allowing Administrative
Claim for Outstanding Post-Petition Rent, Charges and Attorneys' Fees Due
and Owing Under Leases. Affidavit of Joel Graham and Opposition of Syracuse
H Group, Inc. - CONTINUED GENERALLY. (cpd, USBC)
Order
Dated 6/20/2007 Re: Motion filed by Debtor R.J. Fitz, L.P. to Dismiss Case
of Syracuse H Group, Inc.; Rochester H Group, Inc.; Clay H Group, Inc.; Buffalo
H Group, Inc.; and Binghamton H Group, Inc.. Objection by Carousel Center
Co., L.P. MOOT. CASE NOW CONVERTED TO CHAPTER 7. (cpd, USBC)
Order
Dated 6/20/2007 Re: Motion to Assume Unexpired Leases of Nonresidental Real
Property (R.J. Fitz, L.P.; Albany H Group, Inc.; Cape Entertainment Management,
Inc.; Manchester H Group, Inc.; Nashua H Group, Inc.; Salem H Group II, Inc.
Warwick Group, Inc.) With 141 Portland LLC; Crossgates Malls Company L.P.;
Mayflower Realty Trust; HTL Corporation of Manchester, NH; Nashua H Group,
LLC; Salem H Group, LLC; and Concord Realty Trust. CASE NOW CONVERTED TO CHAPTER
7. (cpd, USBC)
Affidavit
of Non-Compliance (Re: Order). filed by Creditor First Insurance Funding Corporation
(Attachments: # 1 Exhibit A) (Sankaran, Annapoorni)
Motion
filed by Creditor GE Capital Franchise Finance Corporation to Appear pro hac
vice with certificate of service (Shilliday, Holly)
Application
filed by Trustee John Aquino to Employ Anderson Aquino LLP as Counsel To Chapter
7 Trustee Affidavit and. (Attachments: # 1 Affidavit # 2 Declaration of Electronic
Filing) (Silverman, Philip)
Endorsed
Order Dated 6/25/2007 Re: Motion filed by Creditor GE Capital Franchise Finance
Corporation to Appear pro hac vice. MOTION ALLOWED. (cpd, USBC)
Endorsed
Order Dated 6/26/2007 Re: Application filed by Trustee John Aquino to Employ
Anderson Aquino LLP as Counsel To Chapter 7 Trustee. APPLICATION GRANTED.
(cpd, USBC)
Motion
filed by Trustee John Aquino For Order Authorizing Honoring Of Pre-Conversion
Payroll Obligations (Farrell, Donald)
Motion
filed by Trustee John Aquino For Emergency Hearing (Re: Motion for Order/Authority)
(Farrell, Donald)
Endorsed
Order Dated 6/27/2007 Re: Motion filed by Trustee John Aquino For Emergency
Hearing and/or Emergency Determination (Re: Motion of Chapter 7 Trustee for
Entry of Order Authorizing Honoring of Pre-Conversion Payroll Obligations.
REQUEST FOR EMERGENCY HEARING GRANTED. THE COURT SHALL SHALL HEAR THE MOTION
FOR ORDER AUTHORIZING HONORING OF PRE-CONVERSION PAYROLL ON JUNE 29, 2007
AT 10:00AM. (cpd, USBC)
Hearing
Scheduled for 6/29/2007 at 10:00 AM Boston Courtroom 1 - JNF RE: Motion filed
by Trustee John Aquino For Order Authorizing Honoring Of Pre-Conversion Payroll
Obligations. Objections due by 6/28/2007 at 4:30 PM.
Hearing Held RE: Motion filed by Debtor Gregory J. Mayor for Leave to File Second Amended Chapter 13 Plan RE: Chapter 13 Plan filed by Debtor Gregory J. Mayor
Order
Dated 6/29/2007 Re: Motion filed by Trustee John Aquino For Order Authorizing
Honoring Of Pre-Conversion Payroll Obligations. NO OBJECTIONS WERE FILED AND
THE MOTION IS GRANTED FOR THE REASONS STATED ON THE RECORD
Stipulation
By Trustee John Aquino and Carousel Center Company, L.P. and Crossgates Mall
Company Newco, LLC Regarding Rejection Of Leases, Abandonment of Property,
and Terminating Stay. filed by Trustee John Aquino (Farrell, Donald)
Motion
filed by Trustee John Aquino to Approve (Re: Stipulation) (Farrell, Donald)
Motion
filed by Trustee John Aquino For Expedited Determination (Re: Motion to Approve)
(Farrell, Donald)
Endorsed
Order Dated 7/12/2007 Re: Motion filed by Trustee John Aquino For Expedited
Determination Re: Motion to Approve. MOTION ALLOWED. IN THE ABSENCE OF ANY
OBJECTIONS FILED ON OR BEFORE JULY 20, 2007, THE COURT SHALL DETERMINE THE
MOTION FOR ENTRY OF ORDER APPROVING STIPULATION WITHOUT THE NECESSITY OF A
HEARING. THE TRUSTEE SHALL FORTHWITH NOTIFY PARTIES IN INTEREST OF THE OBJECTION
DEADLINE. (cpd, USBC)
Notice
Of Objection Deadline (RE: Motion to Approve). filed by Trustee John Aquino
(Farrell, Donald)
Motion
filed by Trustee John Aquino For Expedited Determination (Re: Motion to Approve)
(Farrell, Donald)
Motion
filed by Trustee John Aquino to Approve (Re: Stipulation) (Farrell, Donald)
Notice
Of Objection Deadline (RE: Motion to Approve). filed by Trustee John Aquino
(Farrell, Donald)
Meeting of Creditors Held and Examination of Debtor as scheduled. (Aquino, John)
Withdrawal
of Attorney by Brenda A. Mattar for Randall Benderson 1993-1 Trust. (cpd,
USBC)
BNC
Certificate of Mailing - Hearing. RE: Hearing Scheduled, Service Date 08/16/2007.
(Admin.)
BNC
Certificate of Mailing - Hearing. RE: Hearing Scheduled, Service Date 08/16/2007.
(Admin.)
Certificate
of Service of Notice of Hearing (Re: Notice of Intent to Sell).
Endorsed
Order Dated 9/4/07 (Re: Assented To Motion filed by Creditor US Foodservice,
Inc. to Continue Hearing Generally (Re: Application filed by Creditor US Foodservice,
Inc. for Administrative Expenses (Re: Application filed by Creditor US Foodservice,
Inc. for Administrative Expenses Under 11 U.S.C. Sections 364(a), 503(b)(1)
and 105(a) (Syracuse H Group, Inc.), Application filed by Creditor US Foodservice,
Inc. for Administrative Expenses Under 11 U.S.C. Sections 364(a), 503(b)(1)
and 105(a) (Albany H Group, Inc.)). MOTION ALLOWED
Order
Granting Re: Motion filed by Trustee John Aquino for Sale of Property Under
Section 363 (b) Personal Property Located At Warwick, R.I. And Related Leasehold
Interest. NO OBJECTIONS OR COUNTEROFFERS WERE FILED. THE MOTION IS ALLOWED.
THE TRUSTEE MAY SUBMIT A PROPOSED ORDER. THE COURT CANCELS THE 09/05/07 HEARING
WITH RESPECT TO THE SALE MOTION. 9/4/2007
Motion
filed by Trustee John Aquino For Order Authorizing And Confirming Rejection
Of Franch