Opinion
Case Number: 09-12066-JS (Jointly Administered).
The bankruptcy cases jointly administered with the above-captioned debtor are Barton-Cotton Holding Corporation, Barton-Cotton Sales Corporation (a/k/a XBC Sales Corporation), and Barton-Cotton Real Estate, Inc. (collectively the "Barton-Cotton Cases").
April 4, 2011
Mark J. Friedman (Bar No. 00102), Susan S. Maher (Bar No. 06387), DLA Piper LLP (US), Baltimore, Maryland, Attorneys for Mark J. Friedman, Chapter 7 Trustee for Barton-Cotton Cases.
Christopher W. Mahoney, Maryland Federal Bar No. 6853, DUANE MORRIS LLP, Washington, DC.
Mark J. Friedman, the Chapter 7 Trustee (the "Trustee") for the Barton-Cotton Cases and The Mail Bag, Inc. ("Mail Bag"), by their respective attorneys, stipulate and agree as follows:
1. On August 18, 2009, Mail Bag filed its Application of The Mail Bag, Inc. for Allowance and Immediate Payment of Administrative Expense Claim Pursuant to 11 U.S.C. §§ 503(b)(1) and (9) (Dkt. 262) (the "Application") seeking payment under 11 U.S.C. § 503(b)(9) for what it asserts was product delivered to Barton-Cotton within 20 days prior to the Petition Date. Based on the Notice of the Application, objections to the Application are to be filed on or before September 8, 2009.
2. The Trustee requested Mail Bag extend the time period for the Trustee and Bank of Montreal, as administrative agent for certain lenders to Barton-Cotton (the "Prepetition Lender"), to respond to the Application to September 30, 2009 and Mail Bag agreed to the requested extension. The requested extension was approved by this Court (Dkt. No. 272). Further extensions through and including October 15, 2009 (Dkt. 280) and thereafter through January 15, 2010 (Dkt. 286), June 15, 2010 (Dkt. 305), September 30, 2010 (Dkt. 320), and December 31, 2010 (Dkt. 329) and March 31, 2011 (Dkt. 336) were obtained to give these parties additional time to consider an appropriate consensual outcome to the Application in the context of the ongoing development of the case.
3. In light of the continuing uncertainty at this time as to whether there will be unencumbered funds in the bankruptcy estate for distribution, after further discussion the parties are of the view that it would be a more efficient and economic use of resources to defer further consideration of the matter for a period of several months to permit further developments with respect to the bankruptcy estate. To accommodate Mail Bag in the event that an issue arises for Mail Bag that would require an earlier resolution of the Application, the Trustee has agreed that upon the written request of Mail Bag, any responses to the Application will be due on two week's notice. Accordingly, the parties stipulate and agree to an extension of the response time to the Application until December 31, 2011 subject to the right of Mail Bag to demand a response on two week's written notice to the Trustee and the Prepetition Lender.
Based on the foregoing, it is hereby ORDERED:
The time period for the Trustee and the Prepetiton Lender to respond to the Application is extended to December 31, 2011 subject to the right of Mail Bag to demand a response on two week's written notice to the Trustee and the Prepetition Lender.
CONSENTED TO:
I HEREBY CERTIFY that the terms of the copy of the consent order submitted to the Court are identical to those set forth in the original consent order; and the signatures represented by the /s/ on this copy reference the signatures of consenting parties on the original consent order.
SO ORDERED
Dated: March 28, 2011