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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
In re:
Chapter 11
ROOMSTORE, INC.,
Case No. 11-__________
Debtor.
MOTION OF DEBTOR FOR ENTRY OF AN ORDER
PURSUANT TO 11 U.S.C. §§ 105(a), 363, AND 541(d) AND
FEDERAL RULES OF BANKRUPTCY PROCEDURE 6003
AND 6004(h) AUTHORIZING THE DEBTOR TO
CONTINUE
PERFORMANCE
OF
AND
HONOR
OBLIGATIONS UNDER CERTAIN CONSIGNMENT
ARRANGEMENTS
The debtor and debtor-in-possession (the “Debtor”) in the above-captioned chapter 11
case (the “Bankruptcy Case”) hereby seeks the entry of interim order and final orders,
substantially in the form attached hereto as Exhibit A (the “Interim Order”) 1 and Exhibit B (the
“Final Order”), pursuant to sections 105(a), 363 and 541(d) of title 11 of chapter 11 of the United
States Code, 11 U.S.C. § 101, et seq., as amended (the “Bankruptcy Code”), and Rules 6003 and
6004(h) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), authorizing,
but not directing, the Debtor to continue performance of, and honor obligations under, certain
1
An Interim Order and a Final Order are required in order for the Debtor to comply with
Bankruptcy Rule 6003(b).
LOWENSTEIN SANDLER PC
Kenneth A. Rosen (NJ Bar No. 02160) (Admission Pro Hac Vice Pending)
Bruce D. Buechler (NJ Bar No. 02886 ) (Admission Pro Hac Vice Pending)
Mary E. Seymour (NJ Bar No. 04564) (Admission Pro Hac Vice Pending)
Cassandra M. Porter (NJ Bar No. 01917) (Admission Pro Hac Vice Pending)
Andrew David Behlman (NJ Bar No. 03878) (Admission Pro Hac Vice Pending)
65 Livingston Avenue
Roseland, New Jersey 07068
(973) 597 2500
- and KAPLAN & FRANK, PLC
Troy Savenko (Va. Bar No. 44516)
Leslie A. Skiba (Va. Bar No. 48783)
7 East 2nd Street (23224-4253)
Post Office Box 2470
Richmond, Virginia 23218-2470
(804) 525-1891
Proposed Co-Counsel to the Debtor
and Debtor-in-Possession
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prepetition consignment sales arrangements and, as appropriate, releasing funds owed to vendors
pursuant to those prepetition consignment sales arrangements (the “Motion”). In support of this
Motion, the Debtor respectfully represents as follows:
PRELIMINARY STATEMENT
1.
The Debtor is a party to various pre-petition consignment sales arrangements (the
“Consignment Arrangements”) with certain vendors listed on the schedule attached hereto as
Exhibit C (the “Consignment Vendors”).
Under the Consignment Arrangements, the
Consignment Vendors provide the Debtor with certain products or merchandise that is offered
for sale to the Debtor’s customers in the ordinary course of business, and the Debtor does not pay
the Consignment Vendors for the goods until the products are actually sold. Consequently, the
Consignment Arrangements represent a way for the Debtor to obtain merchandise to offer for
sale to its customers while avoiding the financial outlay that would otherwise be needed to
purchase the goods from the Consignment Vendors and reducing the Debtor’s exposure if the
products are ultimately not sold.
2.
Pursuant to the Consignment Arrangements, the Consignment Vendors retain title
to the goods even as they are in the Debtor’s possession. The Debtor generally remits the
proceeds from the sale of a consigned good (the “Consignment Proceeds”) to the Consignment
Vendors on a regular basis. Through this Motion, the Debtor seeks permission, but not direction,
to continue performance of and to honor its obligations under the Consignment Arrangements
and, as appropriate in accordance with the Consignment Arrangements, releasing the
Consignment Proceeds to the Consignment Vendors.
BACKGROUND
3.
On the date hereof (the “Petition Date”), the Debtor commenced the Bankruptcy
Case by filing a voluntary petition for relief under chapter 11 of the Bankruptcy Code.
4.
No trustee or examiner has been appointed in the Bankruptcy Case. No official
committee of unsecured creditors of the Debtor has yet been appointed. The Debtor continues to
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manage and operate its business as a debtor-in-possession pursuant to sections 1107 and 1108 of
the Bankruptcy Code.
5.
The Debtor was founded in 1992 in Dallas, Texas with four retail furniture stores.
With over $300 million in net sales for its fiscal year ending 2010, the Debtor is one of the thirty
largest furniture retailers in the United States.
6.
Currently, the Debtor is headquartered in Richmond, Virginia and operates a
chain of sixty-three retail furniture stores, including both large-format stores and clearance
centers (collectively the “Retail Stores”) in eight states: Pennsylvania, Maryland, Virginia, North
Carolina, South Carolina, Florida, Alabama, and Texas. In addition, the Debtor has seven
warehouses and distribution centers (the “Warehouses”) located in Maryland, North Carolina,
Texas, and Virginia that service the Retail Stores.
7.
Prior to the Petition Date, the Debtor commenced “store closing sales” at five of
its Retail Stores, located in Hoover, Alabama; Fayetteville, North Carolina; Houston, Texas,
Norfolk, Virginia, and Baltimore, Maryland.
8.
General information about the Debtor, its business, its capital structure, the events
leading to the filing of its Bankruptcy Case, and the relief sought by the Debtor in its various
First Day Pleadings is contained in the Declaration of Lewis M. Brubaker, Jr., Senior Vice
President and Chief Financial Officer of RoomStore, Inc., in Support of Chapter 11 Petition and
First Day Pleadings (the “Brubaker Declaration”) filed contemporaneously herewith.
JURISDICTION
9.
This Court has jurisdiction over this Motion under 28 U.S.C. §§ 157 and 1334.
This is a core proceeding under 28 U.S.C. § 157(b).
10.
Venue is proper under 28 U.S.C. §§ 1408 and 1409.
11.
The statutory predicates for the relief sought herein are sections 105(a), 363 and
541(d) of the Bankruptcy Code and Bankruptcy Rules 6003 and 6004(h).
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RELIEF REQUESTED
12.
By this Motion, the Debtor requests entry of an order authorizing, but not
directing it to (i) continue performance of and honor obligations under its Consignment
Arrangements and, (ii) as applicable, release the Consignment Proceeds to the Consignment
Vendors pursuant to the terms of the Consignment Arrangements.
BASIS FOR RELIEF
13.
The Debtor believes that the Consignment Proceeds constitute “trust fund”
obligations that must be held for the benefit of certain Consignment Vendors and, therefore, are
not property of the Debtor’s estate. See e.g., In re East Coast Herbals, Inc., 2006 WL 4552820,
10 (Bankr. D. Md. Sept. 26, 2006)(citing In re Rine & Rine Auctioneers, Inc., 74 F.3d 854, 857
(8th Cir.1996) (“Generally, where a debtor holds property as a consignee, the property will not
become property of the estate.”)); 11 U.S.C. § 541(d). The Debtor, therefore, has no equitable
interest in the Consignment Proceeds, and such funds are not available for the satisfaction of
creditors’ claims.
14.
To the extent that Consignment Proceeds are not trust funds, the Debtor believes
that performance under the Consignment Arrangements is justified under section 105(a) of the
Bankruptcy Code which codifies the inherent equitable powers of the bankruptcy court
(commonly referred as the “necessity of payment” rule or the “doctrine of necessity”),
empowering the court to “issue any order, process, or judgment that is necessary or appropriate
to carry out the provisions of this title.” 11 U.S.C. § 105(a). A bankruptcy court’s use of its
equitable powers to “authorize the payment of pre- petition debt when such payment is needed to
facilitate the rehabilitation of the debtor is not a novel concept.” In re Ionosphere Clubs, Inc., 98
B.R. 174, 175 (Bankr. S.D.N.Y. 1989). Pursuant to section 105(a) of the Bankruptcy Code, the
Court “can permit pre-plan payment of a pre-petition obligation when essential to the continued
operation of the debtor.” In re NVR L.P., 147 B.R. 126, 127 (Bankr. E.D. Va. 1992); see, e.g., In
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re Lehigh & New England Ry. Co., 657 F.2d 570, 581 (3d Cir. 1981); In re Just for Feet, Inc.,
242 B.R. 821, 825 (D. Del. 1999).
15.
As set forth above, performance under the Consignment Arrangements is
necessary and critical to maintaining a consistent stream of certain goods to the Debtor’s stores
and comports with the expectations of the parties and the ordinary course of business between
the parties. Accordingly, authorizing the Debtor to release the Consignment Proceeds to the
Consignment Vendors and to continue perform and honor its obligations under the Consignment
Arrangements is important to maintaining the Debtor’s going concern value and emerging
successfully from Chapter 11.
16.
Finally, the Bankruptcy Code does not prohibit a debtor from paying trust fund
and consignment obligations, and the proposed relief will not prejudice the rights of general
unsecured creditors or other parties in interest. Relief similar to that requested herein has been
granted in other Chapter 11 cases. See, e.g., In re The Great Atlantic and Pacific Tea Company,
Inc., Case No. 10-24549 (Bankr. S.D.N.Y. Jan. 13, 2011) and In re FiberMark, Inc., Case No.
04-10463 (Bankr. D. Vt. April 27, 2004). The Debtor submits that the present circumstances
warrant similar relief in its Bankruptcy Case.
17.
For the foregoing reasons, the Debtor believes that granting the relief requested
herein is appropriate and in the best interests of its estate.
THE REQUIREMENTS OF BANKRUPTCY RULE 6003 ARE SATISFIED
18.
The Debtor seeks immediate authorization for the relief contemplated by this
Motion. Pursuant to Bankruptcy Rule 6003(b), the Court cannot grant relief regarding “a motion
to use, sell, lease or otherwise incur an obligation regarding property of the estate, including a
motion to pay all or part of a claim that arose before the filing of the petition” within twenty-one
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days of the filing of the petition unless the relief is “necessary to avoid immediate and irreparable
harm.” Fed. R. Bankr. P. 6003(b).
19.
For the reasons set forth above, the Debtor submits that the requirements of
Bankruptcy Rule 6003(b) are met by seeking entry of the Interim Order at this time and
requesting the Court to schedule a further hearing for entry of the Final Order granting this
Motion at a later date. Moreover, the relief requested in the Motion is necessary to avoid
immediate and irreparable harm to the Debtor and its estate.
REQUEST FOR WAIVER OF STAY
20.
In addition, by this Motion, the Debtor seeks a waiver of any stay of the
immediate effectiveness of an order approving this Motion.
Pursuant to Bankruptcy Rule
6004(h), “[a]n order authorizing the use, sale, or lease of property other than cash collateral is
stayed until the expiration of fourteen days after entry of the order, unless the court orders
otherwise.” For the reasons set forth above, the Debtor submits that ample cause exists to justify
a waiver of the fourteen day stay imposed by Bankruptcy Rule 6004(h).
RESERVATION OF RIGHTS
21.
Nothing contained herein is intended or should be construed as (i) an admission as
to the validity of any claim against the Debtor; (ii) a waiver of the Debtor’s right to dispute any
claim; or (iii) an approval or assumption of any agreement or contract, including any
Consignment Arrangement, pursuant to section 365 of the Bankruptcy Code.
NOTICE
22.
Notice of this Motion will be given to (i) the Office of the United States Trustee
for the Eastern District of Virginia; (ii) counsel to the Debtor’s prepetition lender; (iii) the
Debtor’s twenty-five largest unsecured creditors; and (iv) the Consignment Vendors identified
on Exhibit C.
WAIVER OF MEMORANDUM OF LAW
23.
Pursuant to Rule 9013-1(G) of the Local Rules of the Bankruptcy Court, because
there are no novel issues of law presented in the Motion and all applicable authority is set forth
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in the Motion, the Debtor respectfully requests that the Court waive the requirement that this
Motion be accompanied by a separate memorandum of law.
NO PRIOR REQUEST
24.
No previous request for the relief sought herein has been made to this or any other
Court.
WHEREFORE, the Debtor respectfully requests that the Court enter the Interim Order
and, subsequently the Final Order, substantially in the forms annexed hereto as Exhibit A and
Exhibit B, respectively, granting the relief requested herein and such other and further relief as
the Court may deem just and proper.
Dated: December 12, 2011
Richmond, Virginia
Respectfully submitted,
/s/ Troy Savenko
LOWENSTEIN SANDLER PC
Kenneth A. Rosen (NJ Bar No. 02160)
(Admission Pro Hac Vice Pending)
Bruce D. Buechler (NJ Bar No. 02886)
(Admission Pro Hac Vice Pending)
Mary E. Seymour (NJ Bar No. 04564)
(Admission Pro Hac Vice Pending)
Cassandra M. Porter (NJ Bar No. 01917)
(Admission Pro Hac Vice Pending)
Andrew David Behlman (NJ Bar No. 03878)
(Admission Pro Hac Vice Pending)
65 Livingston Avenue
Roseland, New Jersey 07068
(973) 597-2500
- and KAPLAN & FRANK, PLC
Troy Savenko (Va. Bar No. 44516)
Leslie A. Skiba (Va. Bar No. 48783)
7 East Second Street (23224-4253)
Post Office Box 2470
Richmond, Virginia 23218-2470
(804) 423-7921
Proposed Counsel to the Debtor
and Debtor in Possession
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EXHIBIT A - INTERIM ORDER
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
In re:
Chapter 11
ROOMSTORE, INC.,
Case No. 11-__________
Debtor.
INTERIM ORDER PURSUANT TO 11 U.S.C. §§ 105(a), 363,
AND 541(d) AND FEDERAL RULES OF BANKRUPTCY
PROCEDURE 6003 AND 6004(h) AUTHORIZING THE
DEBTOR TO CONTINUE PERFORMANCE OF AND
HONOR
OBLIGATIONS
UNDER
CERTAIN
CONSIGNMENT ARRANGEMENTS
Upon the motion (the “Motion”) 1 of the Debtor for entry of an order, pursuant to sections
105(a), 363, and 541(d) of the Bankruptcy Code and Bankruptcy Rules 6003 and 6004(h), and
the Court having reviewed the Motion for entry of an order (this “Order”) for authority, but not
direction, to release certain Consignment Proceeds and to continue performance of and honor its
obligations under Consignment Arrangements with Consignment Vendors as more fully set forth
in the Motion; and the Court having determined that the relief sought by the Debtor in the
Motion is in the best interest of the Debtor, its estate and creditors, and other parties-in-interest;
1
Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Motion.
LOWENSTEIN SANDLER PC
Kenneth A. Rosen (NJ Bar No. 02160) (Admission Pro Hac Vice Pending)
Bruce D. Buechler (NJ Bar No. 02886 ) (Admission Pro Hac Vice Pending)
Mary E. Seymour (NJ Bar No. 04564) (Admission Pro Hac Vice Pending)
Cassandra M. Porter (NJ Bar No. 01917) (Admission Pro Hac Vice Pending)
Andrew David Behlman (NJ Bar No. 03878) (Admission Pro Hac Vice Pending)
65 Livingston Avenue
Roseland, New Jersey 07068
(973) 597 2500
- and KAPLAN & FRANK, PLC
Troy Savenko (Va. Bar No. 44516)
Leslie A. Skiba (Va. Bar No. 48783)
7 East 2nd Street (23224-4253)
Post Office Box 2470
Richmond, Virginia 23218-2470
(804) 525-1891
Proposed Co-Counsel to the Debtor
and Debtor-in-Possession
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and it appearing that proper and adequate notice of the Motion has been given and that no other
or further notice is necessary; and upon the record herein; and after due deliberation thereon; and
good and sufficient cause appearing therefor, it is hereby ORDERED, ADJUDGED, AND
DECREED THAT:
1.
The Motion is granted on an interim basis until such time as the Court conducts a
final hearing on this matter (the “Final Hearing Date”).
2.
The Final Hearing Date shall be ________, 201__, at ___:___ a.m./p.m.
Prevailing Eastern Time.
3.
Any objection to the relief requested by the Motion on a final basis must be filed
with the Court and be served upon (i) Office of the U.S. Trustee, 701 E. Broad Street, Suite
4304, Richmond, Virginia 23219, Attn: Robert B. Van Arsdale; and (ii) counsel to the Debtor, at
the following addresses: KAPLAN & FRANK, PLC, Troy Savenko, Esq., 7 East 2nd Street
(23224), P.O. Box 2470, Richmond, Virginia 23218, and LOWENSTEIN SANDLER PC,
Kenneth A. Rosen, Esq., Bruce Buechler, Esq., Mary Seymour, Esq., Cassandra M. Porter, Esq.,
Andrew Behlmann, Esq., 65 Livingston Avenue, Roseland, New Jersey 07068; so as to be
received by no later than
________, 201__ at 5:00 p.m. (Eastern Time) (the “Objection
Deadline”).
4.
The Debtor is authorized, but not directed, to pay Consignment Proceeds to the
Consignment Vendors as is consistent with the Debtor’s policies and practices and the
Consignment Arrangements in effect as of the Petition Date.
5.
The Debtor is authorized, but not directed, to continue performance and honor its
obligations under the Consignment Arrangements with the Consignment Vendors.
6.
In accordance with this Order, each of the financial institutions at which the
Debtor maintains its accounts relating to the payment of the obligations described in the Motion
are hereby authorized, but not directed, when requested by the Debtor to receive, process, honor
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and pay any and all checks presented for payment and fund all transfer requests made by the
Debtor related thereto, solely to the extent that sufficient funds are on deposit in such accounts,
and such financial institutions may rely on the representations of the Debtor as to which checks
are issued and authorized and which transfers are authorized to be paid in accordance with this
Order without any duty of further inquiry and without liability for following the Debtor’s
instructions.
7.
Nothing in this Order, or any action taken by the Debtor in furtherance of the
implementation of this Order, shall be deemed an assumption or rejection of any Consignment
Arrangements, executory contract, or unexpired lease.
8.
Notwithstanding the relief granted herein or any actions taken hereunder, nothing
contained in this Order shall create any rights in favor of, or enhance the status of any claim held
the Consignment Vendors.
9.
Entry of this Order is without prejudice to the right of the Debtor to contest the
amount of any Consignment Proceeds, whether or not paid pursuant to this Order, or to seek a
refund of any monies paid to a Consignment Vendors.
10.
Notwithstanding Bankruptcy Rules 6003 and 6004(h), this Order shall be
effective immediately upon its entry.
11.
Within three days of the entry of this Order, the Debtor shall serve a copy of this
Order by regular mail on (a) the Office of the United States Trustee, (b) counsel to the agent for
the prepetition lender, (c) the Debtor’s twenty-five largest unsecured creditors, (d) the
Consignment Vendors identified on Exhibit C of the Motion, and (e) any counsel or party that
has filed a notice of appearance or request for notice within such time.
12.
The Court shall retain jurisdiction to hear and determine all matters arising from
the implementation of this Order.
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The requirement under Local Bankruptcy Rule 9013-1(G) to file a memorandum
of law in connection with the Motion is hereby waived.
ENTERED:
UNITED STATES BANKRUPTCY JUDGE
WE ASK FOR THIS:
LOWENSTEIN SANDLER PC
Kenneth A. Rosen (NJ Bar No. 02160) (Admission Pro Hac Vice Pending)
Bruce D. Buechler (NJ Bar No. 02886) (Admission Pro Hac Vice Pending)
Mary E. Seymour (NJ Bar No. 04564) (Admission Pro Hac Vice Pending)
Cassandra M. Porter (NJ Bar No. 01917) (Admission Pro Hac Vice Pending)
Andrew David Behlman (NJ Bar No. 03878) (Admission Pro Hac Vice Pending)
65 Livingston Avenue
Roseland, New Jersey 07068
(973) 597-2500
- and KAPLAN & FRANK, PLC
Troy Savenko (Va. Bar No. 44516)
Leslie A. Skiba (Va. Bar No. 48783)
7 East Second Street (23224-4253)
Post Office Box 2470
Richmond, Virginia 23218-2470
(804) 423-7921
Proposed Counsel to the Debtor
and Debtor in Possession
CERTIFICATION UNDER LOCAL RULE 9022-1(C)
I hereby certify that notice of the Debtor’s intent to seek entry of the foregoing proposed
order was provided to the parties identified in the Motion and copy of this proposed order was
provided to the Office of the United States Trustee for the Eastern District of Virginia prior to
submission to this Court.
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EXHIBIT B - FINAL ORDER
THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
In re:
Chapter 11
ROOMSTORE, INC.,
Case No. 11-__________
Debtor.
FINAL ORDER PURSUANT TO 11 U.S.C. §§ 105(a), 363,
AND 541(d) AND FEDERAL RULES OF BANKRUPTCY
PROCEDURE 6003 AND 6004(h) AUTHORIZING THE
DEBTOR TO CONTINUE PERFORMANCE OF AND
HONOR
OBLIGATIONS
UNDER
CERTAIN
CONSIGNMENT ARRANGEMENTS
Upon the motion (the “Motion”) 1 of the Debtor for entry of an order, pursuant to sections
105(a), 363, and 541(d) of the Bankruptcy Code and Bankruptcy Rules 6003 and 6004(h), and
the Court having reviewed the Motion for entry of an final order (this “Order”) for authority, but
not direction, to release certain Consignment Proceeds and to continue performance of and honor
its obligations under Consignment Arrangements with the Consignment Vendors as more fully
set forth in the Motion; and the Court having determined that the relief sought by the Debtor in
the Motion is in the best interest of the Debtor, its estate and creditors, and other parties-in-
1
Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Motion.
LOWENSTEIN SANDLER PC
Kenneth A. Rosen (NJ Bar No. 02160) (Admission Pro Hac Vice Pending)
Bruce D. Buechler (NJ Bar No. 02886 ) (Admission Pro Hac Vice Pending)
Mary E. Seymour (NJ Bar No. 04564) (Admission Pro Hac Vice Pending)
Cassandra M. Porter (NJ Bar No. 01917) (Admission Pro Hac Vice Pending)
Andrew David Behlman (NJ Bar No. 03878) (Admission Pro Hac Vice Pending)
65 Livingston Avenue
Roseland, New Jersey 07068
(973) 597 2500
- and KAPLAN & FRANK, PLC
Troy Savenko (Va. Bar No. 44516)
Leslie A. Skiba (Va. Bar No. 48783)
7 East 2nd Street (23224-4253)
Post Office Box 2470
Richmond, Virginia 23218-2470
(804) 525-1891
Proposed Co-Counsel to the Debtor
and Debtor-in-Possession
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interest; and it appearing that proper and adequate notice of the Motion has been given, and that
no other or further notice is necessary; and upon the record herein and the Interim Order; and
after due deliberation thereon; and good and sufficient cause appearing therefor, it is hereby
ORDERED, ADJUDGED, AND DECREED THAT:
1.
The Motion is granted in its entirety.
2.
The Debtor is authorized, but not directed, to pay Consignment Proceeds to the
Consignment Vendors as is consistent with the Debtor’s policies and practices and the
Consignment Arrangements in effect as of the Petition Date.
3.
The Debtor is authorized, but not directed, to continue performance and honor its
obligations under the Consignment Arrangements with the Consignment Vendors.
4.
In accordance with this Order, each of the financial institutions at which the
Debtor maintains its accounts relating to the payment of the obligations described in the Motion
are hereby authorized, but not directed, when requested by the Debtor to receive, process, honor
and pay any and all checks presented for payment and fund all transfer requests made by the
Debtor related thereto, solely to the extent that sufficient funds are on deposit in such accounts,
and such financial institutions may rely on the representations of the Debtor as to which checks
are issued and authorized and which transfers are authorized to be paid in accordance with this
Order without any duty of further inquiry and without liability for following the Debtor’s
instructions.
5.
Nothing in this Order, or any action taken by the Debtor in furtherance of the
implementation of this Order, shall be deemed an assumption or rejection of a particular
Consignment Arrangement, executory contract, or unexpired lease.
6.
Entry of this Order is without prejudice to the right of the Debtor to contest the
amount of any Consignment Proceeds, whether or not paid pursuant to this Order, or to seek a
refund of any monies paid to a Consignment Vendors.
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Notwithstanding the relief granted herein or any actions taken hereunder, nothing
contained in this Order shall create any rights in favor of, or enhance the status of any claim held
the Consignment Vendors.
8.
Notwithstanding Bankruptcy Rule 6004(h), this Order shall be effective
immediately upon its entry.
9.
The Court shall retain jurisdiction to hear and determine all matters arising from
the implementation of this Order.
ENTERED:
UNITED STATES BANKRUPTCY JUDGE
WE ASK FOR THIS:
LOWENSTEIN SANDLER PC
Kenneth A. Rosen (NJ Bar No. 02160) (Admission Pro Hac Vice Pending)
Bruce D. Buechler (NJ Bar No. 02886) (Admission Pro Hac Vice Pending)
Mary E. Seymour (NJ Bar No. 04564) (Admission Pro Hac Vice Pending)
Cassandra M. Porter (NJ Bar No. 01917) (Admission Pro Hac Vice Pending)
Andrew David Behlman (NJ Bar No. 03878) (Admission Pro Hac Vice Pending)
65 Livingston Avenue
Roseland, New Jersey 07068
(973) 597-2500
- and KAPLAN & FRANK, PLC
Troy Savenko (Va. Bar No. 44516)
Leslie A. Skiba (Va. Bar No. 48783)
7 East Second Street (23224-4253)
Post Office Box 2470
Richmond, Virginia 23218-2470
(804) 423-7921
Proposed Counsel to the Debtor
and Debtor in Possession
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CERTIFICATION UNDER LOCAL RULE 9022-1(C)
I hereby certify that notice of the Debtor’s intent to seek entry of the foregoing proposed
order was provided to the parties identified in the Motion and copy of this proposed order was
provided to the Office of the United States Trustee for the Eastern District of Virginia prior to
submission to this Court.
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Exhibit(s) C - List of Consignment Vendors Page 1 of 1
EXHIBIT C
LIST OF CONSIGNMENT VENDORS
(1) L. Powell Acquisition Corp.
22 Jericho Turnpike, Suite 200
Mineola, NY 11501
-andLarry Woods
Executive Vice President and CFO
L. Powell Acquisition Corp.
8631 Hayden Place
Culver City, CA 90232-1408
(2) Linon Home Décor Products, Inc.
22 Jericho Turnpike, Suite 200
Mineola, NY 11501
-andAlex Vasilakis
Vice President – Finance
Linon Home Décor Products, Inc
22 Jericho Turnpike, Suite 200
Mineola, NY 11501
(3) Miresco Investment Services, Inc.
d/b/a Miresco Decorative Rugs
8648 Glemont Drive, Suite 130
Houston, TX 77036
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