In re: HA 2003, INC. formerly known as HA-LO INDUSTRIES, INC., et al., Chapter 11 Debtors and Debtors-In-Possession.
Case No. 02 B 12059 (Jointly Administered), Related Docket No.: IL Dkt. No. 3742.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 16, 2004
ORDER APPROVING FINAL RECLAMATION REPORT AND ALLOWING/DISALLOWING RECLAMATION CLAIMS
A. BENJAMIN GOLDGAR, Bankruptcy Judge
Upon consideration of the Omnibus Objection To And Request For Disallowance Of Reclamation Claims And Approval of the Final Reclamation Report (the “Objection”);[1] and the Court having jurisdiction to hear the Objection; and it appearing that sufficient notice of the Objection has been given; and it appearing that the relief requested by the Objection is in the best interests of the Debtors’ estates; and good cause having been shown.
Now, Therefore, IT IS HEREBY ORDERED AS FOLLOWS:
1. The Objection is granted and the Final Reclamation Report attached hereto as Group Exhibit A (the “Final Reclamation Report”) is approved in its entirety, except as it relates to the Continued Claims and the Resolved Claims identified in paragraph 2 and 3 below.
2. The Objection is continued to August 25, 2004 with respect to the reclamation claims asserted by the following claimants: HC Headware, Inc., Dell Marketing, L.P., McArthur Professional, Inc., Phonecard Express, LLC, Perfect Promotional Products, Sweda Company, LLC, Benchmark Industries, LLC, Cutter Buck, and Broder Bros. The Objection is continued to September 22, 2004 with respect to the reclamation claims asserted by Alpha Shirt Company. All of the claims referenced in this paragraph are referred to herein as the “Continued Claims.”
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3. The following claims (hereinafter, the “Resolved Claims”) are addressed as follows:
a. The reclamation claims of Sanford [Newell Rubbermaid] and Rand McNally are hereby allowed as administrative priority claims in the aggregate amount of $5,566.05 and $16.80, respectively.
b. The reclamation claims of Massillon Cleveland Akron Sign Company have been resolved pursuant to the Stipulation Allowing Reclamation Claims of Massillon Cleveland Akron Sign Company (the “MCA Sign Stipulation”) entered by the Court on July 21, 2004 [IL Dkt No. 4237]. Nothing contained herein shall have any effect on the MCA Sign Stipulation.
c. The reclamation claims of Staton Wholesale have been resolved pursuant to the Stipulation Allowing Reclamation Claims of Staton Wholesale (the “Staton Stipulation”) entered by the Court on July 21, 2004 [II. Dkt No. 4238]. Nothing contained herein shall have any effect on the Staton Stipulation.
4. All of the reclamation claims identified in the Final Reclamation Report other than the Continued Claims and the Resolved Claims are granted the treatment set forth in the final column of the Final Reclamation Report. Thus, the reclamation claims identified in the Final Reclamation Report as having a Net Reclamation Claim Amount of $0.00 are deemed to have been disallowed in their entirely. The reclamation claims identified in the Final Reclamation Report as having a Net Reclamation Amount of greater than $0.00 are deemed to have been granted an allowed administrative claim in the amount listed in the column Net Reclamation Claim Amount.
5. Nothing contained within this Order shall prejudice the rights of any reclamation claimant identified in the Final Reclamation Report as having an amount in excess of $0.00 in the column entitled “Reclamation Determination Prior To Application Of 11 U.S.C. § 502(d)” from asserting the existence of such claim as a defense to any claim brought by or on behalf of the bankruptcy estate to avoid and/or recover any transfer avoidable under Sections 522(f), 522(h), 544, 545, 547, 548, 549 or 724(a) of the Bankruptcy Code.
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EXHIBIT A Exhibit A for HA-LO
Reclamation
determination prior to
Reclamation application of 11 Preference Net Reclamation
Claim No. Supplier Name U.S.C. § 502(d) Liability Claim Amount
H1 Aargus Plastics Inc. $0.00 $0.00 $0.00
H2 AC International $0.00 $7,986.74 $0.00
H3 to H58 Advertising Unlimited, Inc. [Norwood] $1,429.14 $67,910.46 $0.00
H59 AgION Technologies $0.00 $112,244.69 $0.00
H60 to H83 Air-Tex Corp. [Norwood] $437.44 $88,944.42 $0.00
H84 to H410 Alpha Shirt Company $96,930.12 $912,611.38 $0.00
H411 to H416 American National Supply, Inc. $7,014.00 $38,719.96 $0.00
H417 to H418 American Needle $7,543.85 $23,235.37 $0.00
Artmold Products Corp. [Norwood]
H419 to H440 (Grouped with Tee-Off Complaint) $3,945.71 $102,850.13 $0.00
H441 to H442 Atchison Products, Inc. $0.00 $51,584.05 $0.00
Barlow Promo. Products, Inc. [Norwood]
H443 to H470 (Grouped with BTS Complaint) $2,341.08 $125,805.31 $0.00
H471 to H484 Benchmark Industries, LLC $1,437.29 $69,562.60 $0.00
H485 to H506 Brittany Group, Inc. $11,419.71 $119,091.79 $0.00
H507 to H515 BTS [Norwood] $23.49 $7,392.89 $0.00
H516 to H520 Carousel Trading Co. $0.00 $66,728.07 $0.00
H521 to H522 Creative Color Display, Inc. $0.00 $55,149.50 $0.00
H523 to H638 Cutter Buck $55,735.33 $405,910.80 $0.00
Dell Marketing, L.P.
H639 to H641 (Complaint lists Dell Direct Sales) $6,264.53 $6,579.00 $0.00
H642 Escalade Sports $0.00 $0.00 $0.00
H643 to H650 Fields Manufacturing Inc. $0.00 $34,318.26 $0.00
H651 to H719 H C Headwear, Inc. $0.00 $24,403.55 $0.00
H720 Handi-Line $0.00 $0.00 $0.00
H721 to H722 Harco Industries Inc. $0.00 $30,467.00 $0.00
H723 to H752 Janesville Group Ltd. [Norwood] $431.72 $136,943.82 $0.00
H753 to H852 King Louie International, Inc. $481.23 $336,479.77 $0.00
H853 to H891 Lacers/Diport U.S.A. $4,640.18 $139,912.01 $0.00
H892 to H893 LBU $0.00 $16,430.78 $0.00
H894 to H899 Lenox Brands $0.00 $7,789.94 $0.00
H900 Libbey $0.00 $0.00 $0.00
H901 to H902 Lindenmeyr Central $0.00 $169,288.89 $0.00
H903 to H907 Logotec USA $98.80 $39,660.06 $0.00
H908 to H932 Magnet LLC $1,558.64 $194,528.06 $0.00
H933 to H1025 MAS, Inc. $0.00 $282,957.69 $0.00
H1026 Masters Textiles, Inc. $0.00 $20,000.00 $0.00
H1027 to H1028 MCA Sign Co. $154,680.59 $199,143.89 $0.00
H1029 to H1036 McArthur Professional, Inc. $1,406.95 $22,220.41 $0.00
H1037 to H1045 Molded Container Corp./Humphrey Line $1,113.85 $30,280.83 $0.00
H1046 to H1068 Nomad U.S.A. $584.18 $52,176.38 $0.00
H1069 to H1075 Norwood Collection, L.P. [Norwood] $1,191.09 $15,861.70 $0.00
H1076 to H1084 Peerless Umbrella Co., Inc. $16.78 $140,425.79 $0.00
H1085 to H1086 Pennsak, Inc. $0.00 $0.00 $0.00
H1087 to H1092 Perfect Promo. Prod., LLC $212.52 $56,468.73 $0.00
H1093 Phonecard Express, LLC $0.00 $0.00 $0.00
H1094 to H1095 Powerline Publishing Group $0.00 $0.00 $0.00
H1096 Professional Gallery $0.00 $0.00 $0.00
H1097 to H1285 Radio Cap Co. Inc. [Norwood] $7,924.87 $511,922.64 $0.00
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Exhibit A for HA-LO
Reclamation
determination prior to
Reclamation application of 11 Preference Net Reclamation
Claim No. Supplier Name U.S.C. § 502(d) Liability Claim Amount
H1286 to H1322 Rainmen USA $19,112.90 $8,490.48 $10,622.42
H1323 to H1324 Rand McNally $16.80 $25,167.21 $0.00
H1325 to H1333 Rediform $0.00 $57,121.78 $0.00
H1334 S S Activewear $0.00 $11,900.68 $0.00
H1335 to H1397 Sanford [Newell Rubbermaid] $5,566.05 $50,496.86 $0.00
H1398 to H1432 Souvenir, Inc. [Norwood] $452.66 $74,016.59 $0.00
H1433 to H1467 Sweda Company, LLC $3,360.66 $360,695.74 $0.00
H1468 to H1473 T-A Creations Inc. $0.00 $66,655.99 $0.00
H1474 to H1540 Tee Off Enterprises [Norwood] $6,615.97 $72,196.67 $0.00
H1541 to H1542 The Murphy Group, Inc. $0.00 $278,390.00 $0.00
H1543 to H1544 Tumi Inc. $0.00 $9,638.20 $0.00
H1545 Vonco Products, Inc. $0.00 $410.55 $0.00
H1546 to H1557 Waterford Wedgwood USA, Inc. $163,260.15 $44,084.98 $119,175.17
H1558 to H1559 Wilton Armetale $0.00 $0.00 $0.00
H1560 to H1561 Yottoy Productions, Inc. $0.00 $325,444.43 $0.00
H1562 to H1563 Broder Bros. $102,371.89 $580,770.29 $0.00
TOTALS $669,620.17 $6,689,467.81 $129,797.59
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Exhibit A for Lee Wayne Corporation
Reclamation
determination prior to
Reclamation application of 11 U.S.C. Preference Net Reclamation
No. Supplier Name § 502(d) Liability Claim Amount
L1 to L51 Advertising Unlimited, Inc. [Norwood] $0.00 $63,202.91 $0.00
L52 to L55 Air-Tex Corp [Norwood] $378.50 $19,325.39 $0.00
L56 to L169 Alpha Shirt Company $17,408.94 $212,928.34 $0.00
Artmold Products Corp. [Norwood]
L170 to L196 (Grouped with Tee-Off) $518.31 $28,804.61 $0.00
L197 Atchison Products, Inc. $0.00 $3,787.69 $0.00
Barlow Promo. Prod., Inc. [Norwood]
L198 to L208 (Grouped with BTS) $0.00 $66,156.77 $0.00
L209 to L211 Benchmark Industries, LLC $0.00 $13,784.30 $0.00
L212 to L218 Brittany Group, Inc. $1,996.30 $21.930.13 $0.00
BTS [Norwood]
L219 to L220 (Grouped with Barlow) $0.00 $10,994.30 $0.00
L221 to L235 Cutter Buck $1,528.15 $48,666.58 $0.00
Dell Marketing, L.P. $0.00 $14,646.42 $0.00
L236 to L238 Fields Manufacturing Inc. $0.00 $0.00 $0.00
L239 to L247 H C Headwear, Inc. (Apollo Embroidery) $315.17 $15,908.39 $0.00
L248 to L257 Janesville Group Ltd. [Norwood] $0.00 $4,641.17 $0.00
L258 to L290 King Loule International, Inc. $1,561.00 $26,090.20 $0.00
L291 to L293 Lacers/Diport U.S.A. $0.00 $4,438.47 $0.00
L294 to L296 Logotec USA $0.00 $4,786.77 $0.00
L297 to L306 Magnet LLC $207.34 $25,534.37 $0.00
L307 to L309 McArthur Professional, Inc. $0.00 $8,020.92 $0.00
L310 to L312 Molded Container Corp./Humphrey Line $0.00 $37,766.63 $0.00
L313 Nomad U.S.A. $0.00 $7,675.08 $0.00
L314 Norwood Collection, L.P. [Norwood] $0.00 $2,065.78 $0.00
L315 to L316 Peerless Umbrella Co., Inc. $0.00 $5,915.24 $0.00
L317 to L326 Perfect Promo, Prod., LLC $0.00 $0.00 $0.00
L327 to L331 Phonecard Express, LLC $36.05 $4,466.16 $0.00
L332 to L428 Radio Cap Co. Inc. [Norwood] $156.05 $197,451.28 $0.00
L429 to L430 Rediform $0.00 $1,290.42 $0.00
L431 to L466 Sanford [Newell Rubbermaid] $553.75 $41,984.80 $0.00
L467 to L493 Souvenir, Inc. [Norwood] $0.00 $50,766.21 $0.00
L494 to L534 Staton Wholesale $1,256.33 $745.76 $510.57
L535 to L541 Sweda Company, LLC $3,829.10 $49,957.74 $0.00
L542 to L546 T-A Creations Inc. $0.00 $81,415.28 $0.00
Tee Off Enterprises [Norwood]
L547 to L559 (Grouped with Artmold) $1,200.75 $79,134.41 $0.00
L560 Tumi Inc. $0.00 $0.00 $0.00
L561 Vonco Products, Inc. $0.00 $6,909.73 $0.00
L562 to L563 Waterford Wedgwood USA, Inc. $156.00 $0.00 $156.00
TOTALS $31,101.74 $1,161,192.25 $666.57
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