UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA, SANTA ANA DIVISION
American Suzuki Motor Corporation,1
Case No.: 8:12-bk-22808-(SC)
NOTICE OF BAR DATES FOR FILING PROOFS OF CLAIM AND CERTAIN ADMINISTRATIVE EXPENSE REQUESTS
TO: ALL CREDITORS AND OTHER PARTIES IN INTEREST WITH CLAIMS AGAINST THE ABOVE-CAPTIONED DEBTOR:
PLEASE TAKE NOTICE that:
The United States Bankruptcy Court for the Central District of California, Santa Ana Division (the “Court”) entered an Order (the “Bar Date Order”) in the chapter 11 case (the “Case”) of the above-captioned debtor and debtor in possession (the “Debtor”) in accordance with Bankruptcy Rule 3003(c) fixing the deadlines for filing proofs of claim (“Proofs of Claim”) and claims arising under 11 U.S.C. § 503(b) (9) (“503(b)(9) Claims”) in this Case as set forth below:
a. January 7, 2013 (the “General Bar Date”) as the last day for the filing of Proofs of Claim in this Case for all claims (except as set forth below) against the Debtor arising prior to the time on November 5, 2012 the petition was filed (the “Petition Date”), and for filing 503(b)(9) Claims;
b. May 6, 2013 (the “Governmental Units Bar Date”) as the last day for all governmental units, as defined in section 101(27) of the Bankruptcy Code, to file Proofs of Claim against the Debtor arising before the Petition Date;
c. The later of (a) 30 days after the date of entry of the order authorizing the rejection, or (b) January 7, 2013 (the “Rejection Bar Date”) as the last day for the filing of Proofs of Claim against the Debtor arising from rejection of executory contracts or unexpired leases pursuant to section 365 of the Bankruptcy Code; and
d. The later of (a) 30 days after the entry of judgment avoiding the transfer, or (b) January 7, 2013 (the “Avoided Transfer Bar Date”) as the last day for the filing of Proofs of Claim against the Debtor arising from the avoidance of a transfer under chapter 5 of the Bankruptcy Code.
All claims, as defined in section 101(5) of title 11 of the United States Code (the “Bankruptcy Code”), arising before the Petition Date, and all 503(b)(9) Claims, except as otherwise provided for or specifically excepted herein, shall be in writing, together with supporting documentation, substantially conforming with Official Bankruptcy Form B10, or as otherwise prescribed or authorized under the Bankruptcy Rules, so they are actually received on or before the General Bar Date, the Governmental Units Bar Date, the Rejection Bar Date or the Avoided Transfer Bar Date, as applicable, at the following address: By First-Class Mail, Overnight Mail, or Hand Delivery: ASMC Proofs of Claim, C/O Rust Consulting/Omni Bankruptcy, 5955 DeSoto Avenue, Suite 100, Woodland Hills, CA 91367.
Proofs of Claim and 503(b)(9) Claims should be mailed or hand delivered to the above Claims Agent at the above address so they are actually received by the General Bar Date, the Governmental Units Bar Date, the Rejection Bar Date or the Avoided Transfer Bar Date, as applicable, and Proofs of Claim and 503(b)(9) Claims that are emailed or sent by facsimile or telecopy, or sent to any other location will not be accepted; provided, however, Proofs of Claims or 503(b)(9) Claims that are timely filed with the Court on or before the General Bar Date, the Governmental Units Bar Date, the Rejection Bar Date or the Avoided Transfer Bar Date, as applicable, will be deemed received by the Claims Agent.
Parties filing a 503(b)(9) Claim must also file such request with the Court, and any such request is not required to be in the form of Official Bankruptcy Form B10.
The following claims, administrative requests, and interests are excepted from the provisions of the Bar Date Order (the “Excepted Claims/Interests”) and are not required to be filed on or before the General Bar Date, the Governmental Units Bar Date, the Rejection Bar Date or the Avoided Transfer Bar Date: (a) claims already received by the Claims Agent; (b) claims listed in the Debtor’s Schedules, if the claimant does not dispute the amount or manner in which its claim is listed in the Schedules or the nature of the claim and if such claim is not designated therein as “contingent,” “unliquidated,” “disputed” or “unknown;” (c) claims arising on or after the Petition Date; (d)
claims of professionals retained by the Debtor or any official committee appointed in this Case pursuant to orders of this Court who assert administrative claims for fees and expenses subject to the Court’s approval pursuant to sections 328, 330, 331 and 503(b) of the Bankruptcy Code; (e) claims by any person or entity whose claim has been paid by the Debtor or has been otherwise satisfied; (f) any claim for fees relating to this Case under 28 U.S.C. § 1930, and (g) equity interests in the Debtor. Should the Court, in the future, fix a date by which the Excepted Claims/Interest must be filed, you will be notified.
Any Proof of Claim or 503(b)(9) Claim required to be filed pursuant to the provisions of the Bar Date Order and not filed on or before the General Bar Date, the Governmental Units Bar Date, the Rejection Bar Date or the Avoided Transfer Bar Date, as applicable, shall not be treated as a valid claim for the purposes of voting and distribution in this Case.
The Debtor’s Schedules and/or the Bar Date Order may be examined and inspected by interested parties at: www.omnimgt.com/ASMC. Creditors that wish to rely on the Schedules shall have the responsibility for determining that their claims are accurately listed therein.
Any questions concerning this notice should be directed to Rust Consulting/Omni Bankruptcy at 818-906-8300, or through their website at www.omnimgt.com/ASMC.
1 The last four digits of the Debtor’s federal tax identification number are (8739). The Debtor’s address is: 3251 East Imperial Highway, Brea, CA 92821.