tm - motion for authority to remove time barred claims

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

In re: Tuesday Morning Corporation, et al.,1 Reorganized Debtors.

§ § § § §

Chapter 11 Case No. 20-31476-HDH-11 Jointly Administered

REORGANIZED DEBTORS’ MOTION FOR ENTRY OF AN ORDER AUTHORIZING REMOVAL OF TIME-BARRED CLAIMS FROM

CLAIMS REGISTRY

NO HEARING WILL BE CONDUCTED HEREON UNLESS A WRITTEN RESPONSE IS FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT 1100 COMMERCE STREET, ROOM 1254, DALLAS, TEXAS 75242 BEFORE CLOSE OF BUSINESS ON SEPTEMBER 24, 2021, WHICH IS AT LEAST 21 DAYS FROM THE DATE OF SERVICE HEREOF. ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK, AND A COPY SHALL BE SERVED UPON COUNSEL FOR THE MOVING PARTY PRIOR TO THE DATE AND TIME SET FORTH HEREIN. IF A RESPONSE IS FILED A HEARING MAY BE HELD WITH NOTICE ONLY TO THE OBJECTING PARTY.

1 The Reorganized Debtors in these Chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, include: Tuesday Morning Corporation (8532) (“TM Corp.”); TMI Holdings, Inc. (6658) (“TMI Holdings”); Tuesday Morning, Inc. (2994) (“TMI”); Friday Morning, LLC (3440) (“FM LLC”); Days of the Week, Inc. (4231) (“DOTW”); Nights of the Week, Inc. (7141) (“NOTW”); and Tuesday Morning Partners, Ltd. (4232) (“TMP”). The location of the Reorganized Debtors’ service address is 6250 LBJ Freeway, Dallas, TX 75240.

Ian T. Peck State Bar No. 24013306 Jarom J. Yates State Bar No. 24071134 Jordan E. Chavez State Bar No. 24109883 HAYNES AND BOONE, LLP 2323 Victory Avenue, Suite 700 Dallas, TX 75219 Telephone: 214.651.5000 Facsimile: 214.651.5940 Email: [email protected] Email: [email protected] Email: [email protected] ATTORNEYS FOR REORGANIZED DEBTORS

Case 20-31476-hdh11 Doc 2596 Filed 09/03/21 Entered 09/03/21 11:30:57 of 48

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IF NO HEARING ON SUCH NOTICE OR MOTION IS TIMELY REQUESTED, THE RELIEF REQUESTED SHALL BE DEEMED TO BE UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING THE RELIEF SOUGHT OR THE NOTICED ACTION MAY BE TAKEN. Tuesday Morning Corporation and its debtor affiliates, as debtor and debtors-in-possession

in the above-referenced chapter 11 cases (collectively, the “Reorganized Debtors”), hereby file

this Reorganized Debtor’s Motion for Entry of an Order Authorizing Removal of Time Barred

Claims from Claims Registry (the “Motion”). In support of the Motion, the Reorganized Debtors

respectfully represent as follows:

Jurisdiction and Venue

1. The United States District Court for the Northern District of Texas (the “District

Court”) has jurisdiction over the subject matter of this Motion pursuant to 28 U.S.C. § 1334. The

District Court’s jurisdiction has been referred to this Court pursuant to 28 U.S.C. § 157 and the

District Court’s Miscellaneous Order No. 33, Order of Reference of Bankruptcy Cases and

Proceedings Nunc Pro Tunc dated August 3, 1984. As set forth more fully below, this is a core

matter pursuant to 28 U.S.C. § 157(b), which may be heard and finally determined by this Court.

Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409.

Background

2. On May 27, 2020 (the “Petition Date”), the Reorganized Debtors filed voluntary

petitions for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”)

commencing the above captioned cases (the “Chapter 11 Cases”).

3. An official committee of unsecured creditors was appointed in these Chapter 11

Cases on June 9, 2020 (the “Creditors’ Committee”). An official committee of equity holders was

appointed in these Chapter 11 Cases on October 5, 2020 (the “Equity Committee”). No trustee or

examiner has been requested or appointed in these Chapter 11 Cases.


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A. Plan Confirmation and Effective Date

4. On December 23, 2020, the Court entered its Order Confirming the Revised Second

Amended Joint Plan of Reorganization of Tuesday Morning Corporation, et al., Pursuant to

Chapter 11 of the Bankruptcy Code [Docket No. 1913] (the “Confirmation Order”), confirming

the Revised Second Amended Joint Plan of Reorganization of Tuesday Morning Corporation, et

al., Pursuant to Chapter 11 of the Bankruptcy Code (Confirmed Version) [attached to the

Confirmation Order at Docket No. 1913-1] (the “Plan”). The Plan became effective on December

31, 2020 (the “Effective Date”) pursuant to the Notice of Effective Date of Revised Second

Amended Joint Plan of Reorganization of Tuesday Morning Corporation, et al., Pursuant to

Chapter 11 of the Bankruptcy Code [Docket No. 1934] (the “Notice of Effective Date”). On the

Effective Date, the Reorganized Debtors consummated the Sale Leaseback Transaction. In January

and February of 2021, the Reorganized Debtors implemented the Rights Offerings provided for

under the Plan.

B. The Limited PI Objection

5. On June 29, 2021, the Reorganized Debtors filed the Reorganized Debtors’

Eighteenth Omnibus Limited Objection to Certain Claims (Insurance Claims) [Docket No. 2468]

(the “Limited PI Objection”) objecting to certain personal injury claims (the “Personal Injury

Claims”). The Personal Injury Claims are covered by the Reorganized Debtors’ insurance policies.

6. No responses were filed to the Limited PI Objection and the Court entered its Order

Regarding the Reorganized Debtors’ Eighteenth Omnibus Limited Objection to Certain Claims

(Insurance Claims) [Docket No. 2468] at [Docket No. 2565] (the “Limited PI Objection Order”).

The Limited PI Objection Order established that “[t]he Reorganized Debtors’ ultimate liability on


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the Disputed Claims shall be liquidated outside the Bankruptcy Court.” Limited PI Objection

Order, at ¶ 2.

C. The Time-Barred Personal Injury Claims

7. The following three Personal Injury Claims are each time barred by the applicable

statute of limitations:

(1) Claim No. 10414 filed by Dolores Kelly in the unliquidated amount of $51,289.16 for an alleged personal injury occurring at one of the Reorganized Debtors’ California stores on November 6, 2018 (the “Kelly Claim”);

(2) Claim No. 189 filed by Melissa Pedersen in the unliquidated amount of $30,000 for an alleged personal injury occurring at one of the Reorganized Debtors’ California stores on December 14, 2018 (the “Pedersen Claim”); and

(3) Claim No. 773 filed by Evangeline Anderson in the unliquidated amount of $92,811 for an alleged personal injury occurring at one of the Reorganized Debtor’s Tennessee stores on January 2, 2020 (the “Anderson Claim” and together with the Kelly Claim and the Pedersen Claim, the “Time Barred Claims”).

8. None of the creditors holding the Time Barred Claims filed pre or post-petition

lawsuits within the respective applicable state statute of limitations. For the reasons explained

below, the Reorganized Debtors seek authority to remove the Time Barred Claims from the claims

registry in these Chapter 11 Cases.

Relief Requested

9. By this Motion, the Reorganized Debtors seek entry of an order substantially in the

form attached hereto as Exhibit A (the “Order”) authorizing the Reorganized Debtors to remove

the Time Barred Claims from the claims registry and granting any such further relief as the Court

deems just and proper.

Basis for Relief

10. The filing of a timely proof of claim does not automatically protect a creditor from

the statute of limitations defense. Midland Funding, LLC v. Johnson, 137 S. Ct. 1407, 1709 (2017).


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A claim in bankruptcy is defined as a right to payment, even a disputed or unliquidated right. 11

U.S.C. § 101(5). The applicable nonbankruptcy law for a claim determines whether a creditor

actually has such a right. Midland Funding, LLC, 137 S. Ct. at 1409 (citing Travelers Casualty &

Surety Co. of Am. v. Pac. Gas & Elec. Co., 549 U.S. 443, 450–51 (2007)). Therefore, filing a

bankruptcy claim does not automatically mean the creditor has an allowed or enforceable claim,

and if the statute of limitations is available as a defense to the claim, the debtor may assert the

defense to disallow the claim. Id.; see also Rogers v. Corrosion Prods., Inc., 42 F.3d 292, 297 (5th

Cir. 1995) (analyzing Bankruptcy Code § 108(c) and acknowledging the statute of limitations

serves as a defense to claims).

11. Although bankruptcy court jurisdiction is limited as to personal injury claims,

bankruptcy courts have authority to allow or disallow claims based on applicable statutes of

limitations. In re Chateaugay Corp., 111 B.R. 67, 76 (Bankr. S.D.N.Y. 1997) (“[T]he bankruptcy

court must have jurisdiction to make the threshold determination of whether as a matter of law, a

claim exists which can be asserted against the debtor, even if the claim sounds in personal injury,

tort or wrongful death.”); see also In re Standard Insulations, Inc., 138 B.R. at 955

(Bankr.W.D.Mo.1992) (“As a matter of judicial economy the bankruptcy court must have

authority to dispose of defective personal injury claims.”); In re Johns–Manville, 824 F.2d 176 (2d

Cir. 1987); In re C & G Excavating, 217 B.R. 64, 64 (Bankr. E.D. Pa.1998) (“[B]ankruptcy courts

have jurisdiction to decide corollary issues involving the validity of a proof of claim for personal

injuries or wrongful death such as whether the statute of limitations on the underlying cause of

action has expired.”) (citing Chateaugay, 111 B.R. at 75 and Standard Insulations, 138 B.R. at

951–54).


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12. Bankruptcy Code § 108(c) addresses how the automatic stay interacts with

applicable statutes of limitations and provides that if the statute of limitations has not expired prior

to the filing of a bankruptcy case, the limitations period does not expire until the later of –

(1) The end of the statute of limitations period, including any suspension of such period occurring on or after the commencement of the case; or (2) 30 days after notice of the termination or expiration of the automatic stay.

11 U.S.C. § 108(c).

13. Essentially, § 108(c)(2) provides that a creditor has 30 days after the stay is lifted

(either after a separate court order lifting the stay or the granting of a discharge) to file suit. See id.

While courts differ on the interpretation of Bankruptcy Code § 108, the Fifth Circuit has held that

Bankruptcy Code § 108(c) provides a 30-day grace period for the creditor, not a separate tolling

provision. Rogers v. Corrosion Prods., Inc., 42 F.3d at 297 (analyzing the split of authority and

holding that § 108(c) does not create a separate tolling provision).

14. The grace period in § 108(c) is provided to the creditor since the bankruptcy case

temporarily prevented the creditor from filing suit at an earlier time; however, if applicable state

or other nonbankruptcy law provides a tolling provision for the limitations period, that tolling

provision applies instead of the 30-day grace period. Id. at 295–96 (citing Aslandis v. United States

Lines, Inc., 7 F.3d 1067, 1073 (2d Cir. 1993) (“the plain words of the statute . . . ‘merely

incorporate[] suspensions of deadlines that are expressly provided in other federal or state

statutes.’”). For example, Texas law provides that “where a ‘person is prevented from exercising

his legal remedy by the pendency of legal proceedings, the time during which he is thus prevented

should not be counted against him in determining whether limitations have barred his right.’”

HSBC Bank USA, N.A. v. Crum, 907 F.3d 199, 206 (5th Cir. 2018). Both California and Tennessee

statutory law contain similar tolling provisions to that of Texas. See CAL. CODE OF CIVIL PROC.


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§ 356 (“When the commencement of an action is stayed by injunction or statutory prohibition, the

time of the continuance of the injunction or prohibition is not part of the time limited for the

commencement of the action”) and TENN. CODE ANN. § 28-1-109 (“When the commencement of

an action is stayed by injunction, the time of the continuance of the injunction is not to be

counted.”); see also McCullough v. Vaugh, 538 S.W.3d 501, 507 (Tenn. Ct. App. 2017) (adding

202 days to the claimant’s statute of limitations period to account for the number of days the

automatic stay was in place).

15. California has a two-year statute of limitations for personal injury claims, and

Tennessee has a one-year statute of limitations for personal injury claims. CAL. CODE OF CIVIL

PROC. § 335.1; TENN. CODE ANN. § 28-3-104. In applying Bankruptcy Code § 108 and the

applicable nonbankruptcy tolling provisions, CAL. CODE OF CIVIL PROC. § 356 and TENN. CODE

ANN. § 28-1-109, to the Kelly, Pedersen, and Anderson claims, the applicable statutes of

limitations on each claim began running again upon termination of the automatic stay. As a result

of the California and Tennessee tolling statutes, each creditor received an additional 218 days

beyond the original statute of limitations to account for the time the automatic stay was in place

during these Chapter 11 Cases – from the Petition Date of May 27, 2020 to the Effective Date of

December 31, 2020. Kelly, Pedersen, and Anderson each had the following new bar dates to file

suit to seek recovery for their respective alleged personal injuries:

Creditor Date and State of Alleged Injury

Original Bar Date New Bar Date Per § 108 and Applicable State Law

Kelly November 6, 2018; California

November 6, 2020 June 14, 2021

Pedersen December 14, 2018; California

December 14, 2020

July 20, 2021

Anderson January 2, 2020; Tennessee

January 2, 2021 August 9, 2021


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16. Neither Kelly nor Pedersen nor Anderson filed a timely lawsuit by the applicable

statute of limitations. As such, it is not possible for them to recover from the Reorganized Debtors,

even if the Reorganized Debtors were liable for the alleged personal injuries, which liability they

contest. It is just, appropriate, and economic for this Court to authorize the Reorganized Debtors

to remove the Time Barred Claims2 from the claims registry.

Notice

17. The Reorganized Debtors will provide notice of this Motion to the U.S. Trustee and

all other parties on the Master Service List. The Reorganized Debtors submit that, in light of the

nature of the relief requested, no other or further notice need be given.

Conclusion

WHEREFORE, based on the foregoing, the Reorganized Debtors respectfully request that

the Court (i) enter the Order authorizing the Reorganized Debtors to remove the Time Barred

Claims for the claims registry and (ii) grant such other and further relief as may be just and proper.

2 Copies of the Time Barred Claims are attached to this Motion as Exhibit B.


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DATED this 3rd day of September, 2021.

HAYNES AND BOONE, LLP

By: /s/ Jordan E. Chavez Ian T. Peck State Bar No. 24013306 Jarom J. Yates State Bar No. 24071134 Jordan E. Chavez State Bar No. 24109883 2323 Victory Avenue, Suite 700 Dallas, TX 75219 Telephone: 214.651.5000 Facsimile: 214.651.5940 Email: [email protected] Email: [email protected] Email: [email protected]

ATTORNEYS FOR REORGANIZED DEBTORS


EXHIBIT A

Proposed Order


IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

In re: Tuesday Morning Corporation, et al.,1 Reorganized Debtors.

§ § § § §

Chapter 11 Case No. 20-31476-HDH-11 Jointly Administered

ORDER GRANTING REORGANIZED DEBTORS’ MOTION FOR ENTRY OF AN

ORDER AUTHORIZING REMOVAL OF TIME-BARRED CLAIMS FROM CLAIMS REGISTRY

The Court has considered the Reorganized Debtors’ Motion to for Entry of an Order

Authorizing Removal of Time-Barred Claims from Claims Registry (the “Motion”)2, filed by

Tuesday Morning Corporation and its debtor affiliates, as debtors and debtors-in-possession in the

above-referenced chapter 11 cases (collectively, the “Reorganized Debtors”); and the Court having

1 The Reorganized Debtors in these Chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, include: Tuesday Morning Corporation (8532) (“TM Corp.”); TMI Holdings, Inc. (6658) (“TMI Holdings”); Tuesday Morning, Inc. (2994) (“TMI”); Friday Morning, LLC (3440) (“FM LLC”); Days of the Week, Inc. (4231) (“DOTW”); Nights of the Week, Inc. (7141) (“NOTW”); and Tuesday Morning Partners, Ltd. (4232) (“TMP”). The location of the Reorganized Debtors’ service address is 6250 LBJ Freeway, Dallas, TX 75240. 2 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Motion.


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jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. § 1334,

and the Order of Reference of Bankruptcy Cases and Proceedings Nunc Pro Tunc, Miscellaneous

Rule No. 33 (N.D. Tex. August 3, 1984); and consideration of the Motion and the requested relief

being a core proceeding pursuant to 28 U.S.C. § 157(b); and it appearing that venue is proper

before this Court pursuant to 28 U.S.C. §§ 1408 and 1409; and due and proper notice of the Motion

having been provided, and it appearing that no other or further notice need be provided; and the

Court having reviewed the Motion; and all objections, if any, to the Motion having been

withdrawn, resolved, or overruled; and the Court having determined that the legal and factual bases

set forth in the Motion establish just cause for the relief granted herein; and upon all of the

proceedings had before the Court and after due deliberation and sufficient cause appearing

therefor,

IT IS HEREBY ORDERED THAT

1. The Motion is GRANTED as set forth herein.

2. The Reorganized Debtors are authorized to remove the Kelly, Pedersen, and

Anderson Claims (as defined in the Motion the “Time Barred Claims”) from the claims registry in

these Chapter 11 Cases because the statute of limitations for the Time Barred Claims has passed.

# # # END OF ORDER # # #


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Submitted by: Ian T. Peck State Bar No. 24013306 Jarom J. Yates State Bar No. 24071134 Jordan E. Chavez State Bar No. 24109883 HAYNES AND BOONE, LLP 2323 Victory Avenue, Suite 700 Dallas, TX 75219 Telephone: 214.651.5000 Facsimile: 214.651.5940 Email: [email protected] Email: [email protected] Email: [email protected] ATTORNEYS FOR REORGANIZED DEBTORS


Exhibit B

Time Barred Claims


of 3

For Court Use Only

Proof of Claim (Official Form 410)

04/19

Read the instructions before filling out this form. This form is for making a claim for payment in a bankruptcy case. With the exception of 503(b)(9), do not use this form to make a request for payment of an administrative expense. Make such a request according to 11 U.S.C. § 503. Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents. Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements. Do not send original documents; they may be destroyed after scanning. If the documents are not available, explain in an attachment. A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157, and 3571. Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received.

Identify the Claim

1. Who is the current creditor? Name of the current creditor (the person or entity to be paid for this claim): _______________________________________________________________________

Other names the creditor used with the debtor: _______________________________________________________________________________________________

2. Has this claim been acquired from someone else? □ No □ Yes. From whom? ___________________________________________________________

3. Where should notices and payments to the creditor be sent? Federal Rule of Bankruptcy Procedure (FRBP) 2002(g)

Where should notices to the creditor be sent?

Name ________________________________________________________

Address _______________________________________________________

_______________________________________________________

_______________________________________________________

City _______________________________________________________

State ______________________ ZIP Code _______________________

Country (if International): __________________________________________

Phone: _______________________________________________________

Email: _______________________________________________________

□ No

□ Yes.

Claim number on court claims register (if known) _____________________

Filed on ______________________________________________________MM / DD / YYYY

United States Bankruptcy Court for the Northern District of Texas

Claim Number:

File Date:

Where should payments to the creditor be sent? (if different)

Name ________________________________________________________

Address _______________________________________________________

_______________________________________________________

_______________________________________________________

City _______________________________________________________

State ______________________ ZIP Code _______________________

Country (if International): __________________________________________

Phone: _______________________________________________________

Email: _______________________________________________________

4. Does this claim amend one already filed?

□ No

□ Yes.

Who made the earlier filing?

_____________________________________________________________

5. Do you know if anyone else has filed a proof of claim for this claim?

Part 1:

Name of Debtor:

Case Number:

Your Mail ID is 165262642

20-31476

Tuesday Morning Corporation0000010414

06/18/2020 16:07:04

DOLORES KELLY

✔

DOLORES KELLY

Neale & Fhima, LLP

34188 Pacific Coast Highway

Dana Point

CA 92629

949-661-1007

[email protected]

✔ ✔


of 3

Part 2: Give Information About the Claim as of the Date the Case Was Filed 6. Do you have any number you use to

identify the debtor?

□ No

□ Yes.Last 4 digits of the debtor’s account or any number you use to identify the debtor:

____ ____ ____ ___ □ No

□ Yes. Attach statement itemizing interest, fees,expenses, or other charges required by Bankruptcy Rule 3001(c)(2)(A).

8. What is the basis of the claim?

Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card. Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c). Limit disclosing information that is entitled to privacy, such as health care information.

_________________________________________________________

9. Is all or part of the claim secured?

□ No

□ Yes. The claim is secured by a lien on property.Nature of property:

□ Real estate. If the claim is secured by the debtor’s principal residence, file a Mortgage Proof of Claim Attachment (official Form410-A) with this Proof of Claim.

□ Motor vehicle

□ Other. Describe:____________________________________

i Basis for perfection:

_____________________________________ Attach redacted copies of documents, if any, that show evidence of perfection of security interest (for example, a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or recorded.)

Value of property: $_____________________

Amount of the claim that is secured: $_____________________

Amount of the claim that is unsecured: $_____________________ (The sum of the secured and unsecured amounts should match the amount in line 7.)

Amount necessary to cure any default as of the date of the petition: $_____________________

Annual Interest Rate (when case was filed) ______________%

□ Fixed □ Variable

10. Is this claim based on a lease?

□ No

□ Yes. Amount necessary to cure any default as of the date of petition.

$_____________________________

11. Is this claim subject to a right of setoff?

□ No

□ Yes. Identify the property:

___________________________________________

12. Is all or part of the claim entitled to priorityunder 11 U.S.C. § 507(a)?

□ No

□ Yes. Check one:

□ Domestic support obligations (including alimony and child support) under 11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).

□ Up to $3,025* of deposits toward purchase, lease, orrental of property or services for personal, family, or household use. 11 U.S.C. § 507(a)(7).

□ Wages, salaries, or commissions (up to $13,650*)earned within 180 days before the bankruptcy petition is filed or the debtor’s business ends, whichever is earlier. 11 U.S.C. § 507(a)(4).

□ Taxes or penalties owed to governmental units.11 U.S.C. § 507(a)(8).

□ Contributions to an employee benefit plan. 11 U.S.C. § 507(a)(5).

□ Other. Specify subsection of 11 U.S.C. § 507 (a)(___________) that applies.

A claim may be partly priority and partly nonpriority. For example, in some categories, the law limits the amount entitled to priority.

Amount entitled to priority

$_____________________

$_____________________

$_____________________

$_____________________

$_____________________

$_____________________

* Amounts are subject to adjustment on 4/01/22 and every 3 years after that for cases begun on or after the date of adjustment.

13. Does this claim qualify as an Administrative Expense under 11 U.S.C. § 503(b)(9)?

□ No

□ Yes. Amount that qualifies as an Administrative Expense under 11 U.S.C. § 503(b)(9): $_____________________________

7. How much is the claim?

$_______________________________________

Does this amount include interest or othercharges?

51,289.16

✔Other Basis

Personal Injury/Premises Liability

✔

✔ ✔✔

✔

✔


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Part 3: Sign Below

The person completing this proof of claim must sign and date it. FRBP 9011(b).

If you file this claim electronically, FRBP 5005(a)(2) authorizes courts to establish local rules specifying what a signature is.

A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157, and 3571.

Check the appropriate box: □ I am the creditor.

□ I am the creditor’s attorney or authorized agent.

□ I am the trustee, or the debtor, or their authorized agent. Bankruptcy Rule 3004.

□ I am a guarantor, surety, endorser, or other co-debtor. Bankruptcy Rule 3005.

I understand that an authorized signature on this Proof of Claim serves as an acknowledgment that when calculating the amount of the claim, the creditor gave the debtor credit for any payments received toward the debt.

I have examined the information in this Proof of Claim and have a reasonable belief that the information is true and correct.

I declare under penalty of perjury that the foregoing is true and correct.

____________________________________________________________

Provide the name and contact information of the person completing and signing this claim:

Name ______________________________________________________________________________________________

Address _____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

City _____________________________________________________________________________________________

State ________________________________________________ Zip _________________________________________

Country (in international) _______________________________________________________________________________

Phone _____________________________________________________________________________________________

Email _____________________________________________________________________________________________

Date_____________________________________

Signature __________________________________

✔

Matthew Edwin Neale 06/18/2020 16:07:04

Matthew Edwin Neale

Neale & Fhima, LLP

34188 Pacific Coast Highway

Dana Point

CA

United States

92629

949-661-1007

[email protected]


tm - motion for authority to remove time barred claims

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