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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

OLD HB, INC. et al v. OLD HB, INC.

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
7:14-cv-06750 Search Pacer
ACE Group party(s): 
Opposing Party: 
Old HB, Inc.
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Aug 20 2014

ORDER, PURSUANT TO SECTIONS 105 AND 503(a)
OF THE BANKRUPTCY CODE AND BANKRUPTCY
RULES 2002 AND 3003, ESTABLISHING A NEW BAR DATE
FOR FILING CERTAIN AUTOMOTIVE LIABILITY CLAIMS, ENJOINING THE
PURSUIT OF SUCH LATE-FILED CLAIMS AGAINST THE DEBTOR AND ITS
INSURER
AND APPROVING FORM AND MANNER OF NOTICE THEREOF
This matter coming before the Court on the Motion of Debtors and Debtors in
Possession, Pursuant to Sections 105 and 503(a) of the Bankruptcy Code and Bankruptcy
Rules 2002 and 3003, for an Order Establishing a New Bar Date for Filing Certain Automotive
Liability Claims and Approving Form and Manner of Notice Thereof (the "Motion"),2 filed by
the above-captioned debtors and debtors in possession (collectively, the "Debtors"); and the
Court having reviewed the Motion and all objections and other pleadings associated with the
Motion and having heard the oral argument of counsel regarding the relief requested in the
Motion at a hearing before the Court on July 8, 2014 (the "Hearing"); and there being no
objections to the Motion by any automotive liability claimant known by the Debtors to be
affected by the relief granted herein; and the Court finding that (i) the Court has jurisdiction over
The Debtors are the following six entities (the last four digits of their respective taxpayer identification
numbers follow in parentheses): Old HB, Inc. (f/k/a Hostess Brands, Inc.) (0322), IBC Sales Corporation
(3634), IBC Services, LLC (3639), IBC Trucking, LLC (8328), Interstate Brands Corporation (6705) and
MCF Legacy, Inc. (0599).
Capitalized terms used but not otherwise defined herein have the meanings given to them in the Motion.
this matter pursuant to 28 U.S.C. §§ 157(a)-(b) and 1334(b), (ii) this is a core proceeding
pursuant to 28 U.S.C. § 157(b)(2), and (iii) notice of the Motion and the Hearing was sufficient
under the circumstances; and the Court having determined that the legal and factual bases set
forth in the Motion and at the Hearing establish just cause for the relief granted herein; and the
Court having concluded that it has the power and authority to issue this Order and that issuing
this Order, including the third-party relief granted in paragraph 7 hereof, (i) will have a clear
benefit to the Debtors' estates by enabling the swift resolution of the claims that are filed through
previously Court-approved alternative dispute resolution procedures and (ii) will not
significantly burden the claimants whose claims are subject to the requirement of filing proofs of
claim or administrative claim request forms pursuant to this Order, and that the benefit to them
from the entry of this Order outweighs this burden, all for the reasons stated on the record at the
Hearing;
IT IS HEREBY ORDERED THAT:
1. The Motion is GRANTED as set forth herein.
2. The forms of the New Bar Date Notice and the New Bar Date Notice
Package, as attached hereto and approved herein, and the manner of providing notice of the New
Bar Date proposed in the Motion are approved in all respects pursuant to Bankruptcy Rule
2002(a)(7), Local Bankruptcy Rule 3003-1 and General Order M-386. The form and manner of
notice of the New Bar Date approved herein are deemed to fulfill the notice requirements of the
Bankruptcy Code, the Bankruptcy Rules and General Order M-386. As such, the Debtors are
authorized to serve the New Bar Date Notice Package in the manner described below.
3. Debtor Interstate Brands Corporation's Schedule F is hereby amended
such that the scheduled amount of each claim identified on Exhibit 1 attached hereto is $0, with
each such claim scheduled as contingent, disputed and unliquidated.
4. All people and entities (including, without limitation, individuals,
partnerships, corporations, joint ventures, trusts and governmental units) that are identified on
Exhibit 2 attached hereto, and all subrogees of such people and entities, that desire to assert a
personal injury, property damage or wrongful death tort claim, or claims derived from the same
underlying facts as such claims (collectively, the "Potential Claims") must file a proof of claim
or administrative claim request form in writing in accordance with the procedures
described herein so as to be received by no later than 5:00 p.m. (Prevailing Eastern Time)
on September 15, 2014 (the "New Bar Date"). The New Bar Date and the procedures for
asserting claims set forth in this Order apply solely to people and entities identified on Exhibit 2
attached hereto, and nothing herein extends or provides relief from prior orders of this Court for
people and entities that are not identified on Exhibit 2 attached hereto.
5. The following procedures for the filing of proof of claim or administrative
claim request forms shall apply with respect to people and entities identified on Exhibit 2 that
hold Potential Claims and to subrogees of such people and entities:
(a) Potential Claims that arose prior to the Petition Date must be
asserted on the proof of claim form attached hereto as Exhibit 3 or otherwise conform
substantially to Official Bankruptcy Form No. 10 ("Proof of Claim Form");
(b) Potential Claims that arose on or after the Petition Date must be
asserted on the administrative claim request form attached hereto as Exhibit 4
("Administrative Claim Request Form");
(c) Proof of Claim Forms and Administrative Claim Request Forms
must be filed by mailing or delivering the original forms by hand or overnight courier to
Old HB Claims Processing Center c/o Kurtzman Carson Consultants LLC, 2335 Alaska
Avenue, El Segundo, CA 90245. Proof of Claim Forms and Administrative Claim
Request Forms submitted by facsimile or electronic mail shall not be accepted and shall
not be deemed properly filed;
(d) Proof of Claim Forms and Administrative Claim Request Forms
will be deemed filed only when actually received by the Debtors' claims agent, Kurtzman
Carson Consultants LLC ("KCC"), at the address set forth in the foregoing subparagraph
on or before 5:00 p.m. (Prevailing Eastern Time) on September 15, 2014. If a
creditor wishes to receive acknowledgement of KCC's receipt of a Proof of Claim Form
or Administrative Claim Request Form, the creditor also must submit concurrently to
KCC with submitting its original Proof of Claim Form or Administrative Claim Request
Form (i) a copy of the original Proof of Claim Form or Administrative Claim Request
Form and (ii) a self-addressed, postage prepaid return envelope;
(e) Proof of Claim Forms and Administrative Claim Request Forms
must (i) be signed by the claimant or, if the claimant is not an individual, by an
authorized agent of the claimant; (ii) include any documents upon which the claim is
based (or, if such documents are voluminous, a summary) or an explanation as to why the
documents are not available; (iii) be written in the English language; and
(iv) be denominated in United States currency; provided, however, that claim can be filed
for an estimated or unknown amount; and
(f) Proof of Claim Forms and Administrative Claim Request Forms
must specify by name and case number the Debtor against whom the claim is filed. If the
holder asserts a claim against more than one Debtor or has claims against different
Debtors, a separate Proof of Claim Form or Administrative Claim Request Form must be
filed with respect to each Debtor. In addition, any person or entity filing a Proof of
Claim Form or Administrative Claim Request Form must identify on such form the
particular Debtor against which its claim is asserted. If more than one Debtor is listed on
the form, the claim shall be treated as filed only against the first listed Debtor. Any Proof
of Claim Form or Administrative Claim Request Form filed in the joint administration
case number (Old HB, Inc., Case No. 12-22052) or that otherwise fails to identify a
Debtor shall be deemed to be filed only against Debtor Old HB, Inc.
6. The Debtors shall retain the right to dispute, or assert offsets or defenses
against, any filed claim, as to nature, amount, liability, classification or otherwise. Nothing
contained herein shall preclude the Debtors from objecting to any claim on any grounds.
7. Pursuant to sections 105(a) and 503(a) of the Bankruptcy Code and by
operation of applicable nonbankruptcy law, any person or entity that is required to file a Proof of
Claim or Administrative Claim Request Form in these cases pursuant to the Bankruptcy Code,
the Bankruptcy Rules or this Order with respect to a Potential Claim against a Debtor, but that
fails to properly do so by the New Bar Date, or a subrogee of a holder of a Potential Claim, shall
be forever barred, estopped and enjoined from: (a) asserting such Potential Claim against
the Debtors or their estates or property; (b) asserting such Potential Claim against the
Debtors' insurers, including ACE American Insurance Company ("ACE"); and (c)
participating in any distribution from the Debtors' estates or from ACE on account of
Potential Claims.
8. As soon as practicable, but in any event no later than July 17, 2014,
the Debtors, through KCC or otherwise, shall serve the New Bar Date Notice Package
substantially in the form attached hereto as Exhibit 5 by first class mail, postage prepaid, on all
known holders of Potential Claims, which are those people and entities identified on Exhibit 2
attached hereto;
9. The Debtors and KCC are authorized and empowered to take such steps
and perform such acts as may be necessary to implement and effectuate the terms of this Order.
10. The entry of this Order is without prejudice to the right of the Debtors to
seek a further order of this Court fixing a date by which holders of claims not subject to the New
Bar Date must file Proof of Claim Forms or Administrative Claim Request Forms or be barred
from doing so.
11. The Court retains jurisdiction with respect to all matters arising from or
related to the interpretation, implementation and/or enforcement of this Order.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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