July 19, 2011
On June 23, 2011, Pierre Deux (the "Debtor") ceased business operations and filed a voluntary petition for relief under Chapter 7 of the federal bankruptcy code (the "Code"). The case is pending in the United States Bankruptcy Court for the District of New Jersey, Newark vicinage and has been assigned Case No. 11-29111/DHS. Steven P. Kartzman, Esq. has been appointed the Chapter 7 Trustee for the Debtor. Under Chapter 7 the Trustee is charged with responsibility for marshalling, liquidating and distributing the cash proceeds of all Debtor assets to creditors in accordance with the priorities established under the Code. By now you most likely have received from the Clerk of the Court formal notice of the commencement of the Debtor's bankruptcy petition, the imposition of the automatic stay (i.e., injunction) against all creditor collection efforts, and the time and place of the creditors' meeting under section 341 of the Code (the "Bankruptcy Notice"). That meeting will be held on July 25, 2011 at 2:30 PM EST at the US Trustee's hearing room located at One Newark Place, 14th Floor, Newark, NJ. At the meeting, the Trustee will question under oath a representative of the Debtor concerning the circumstances leading up to the filing of the petition and the Debtor's financial condition at that time. Your attendance at that meeting is welcomed, but not required and your inability to attend will in no way affect your right to later file a proof of claim in this case and seek to participate in any distributions to creditors. All creditors listed by the Debtor in its schedules should receive a notice fixing October 5, 2011 as the deadline to file a proof of claim. The notice will include a proof of claim form with instructions for filing same. Creditors may also obtain forms from the Clerk's website at www.njb.uscourts.gov under the heading Forms [Chapter 7 Forms - Proof of Claim]. Again, the last date for filing claims has been set for October 5, 2011. At such time that you file a proof of claim please be aware of the following:
Given the size and complexity of the Debtor's business, the liquidation of Pierre Deux will likely not be concluded for a considerable period of time. Moreover, at this time the Trustee is unable to project what, if any, distributions will be made to creditors in the case. Please be advised that the information set forth in this letter is not intended as legal advice on issues pertinent to this case. If you have any questions, you should consult with an attorney who is familiar with these kinds of matters. Very truly yours, NORRIS, McLAUGHLIN & MARCUS, PA GARY N. MARKS GNM/mm |
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