Hereby gives evidence and notice pursuant to Rule 3001(e)(1), Fed. R. Bankr. P., of the transfer, other than for security, of the claim referenced in this evidence and notice. I declare under penalty of perjury that the information provided in this notice is true and correct to the best of my knowledge and belief.
Hereby gives evidence and notice pursuant to Rule 3001(e)(1), Fed. R. Bankr. P., of the transfer, other than for security, of the claim referenced in this evidence and notice. I declare under penalty of perjury that the information provided in this notice is true and correct to the best of my knowledge and belief.
Hereby gives evidence and notice pursuant to Rule 3001(e)(1), Fed. R. Bankr. P., of the transfer, other than for security, of the claim referenced in this evidence and notice. I declare under penalty of perjury that the information provided in this notice is true and correct to the best of my knowledge and belief.
District of Delaware In re: Marie Callender Pie Shops Inc, Perkins & Marie Callender's Inc, Case No. 11-11801, (Jointly Administered Under Case No 11-11795) NOTICE OF TRANSFER OF CLAIM OTHER THAN FOR SECURITY A CLAIM HAS BEEN FILED IN THIS CASE or deemed filed under 11 U.S.C. 1111(a). Transferee hereby gives evidence and notice pursuant to Rule 3001(e)(1), Fed. R. Bankr. P., of the transfer, other than for security, of the claim referenced in this evidence and notice. Name of Transferee: Name of Transferor: Fair Harbor Capital, LLC Capitol Distribuition Co LLC As assignee of Capitol Distribuition Co LLC Name and Address where notices to transferee Court Claim # (if known): none should be sent: Amount of Claim: $5,681.00 Date Claim Filed: Fair Harbor Capital, LLC Ansonia Finance Station PO Box 237037 New York, NY 10023 Name and Address of Transferor: Capitol Distribuition Co LLC Dovellas Levi 13930 Mica Street Santa Fe Springs, CA 90670 Phone: ___212 967 4035________________ Phone: Last Four Digits of Acct #: ____n/a________ Last Four Digits of Acct. #: ___n/a____ Name and Address where transferee payments should be sent (if different from above): Phone: ________n/a____________________ Last Four Digits of Acct #: _____n/a_______ I declare under penalty of perjury that the information provided in this notice is true and correct to the best of my knowledge and belief. By:________/s/Fredric Glass__________________________ Date:____Thursday, August 04, 2011_________ Transferee/Transferee's Agent Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. 152 & 3571.
United States Bankruptcy Court District of Delaware In re: Marie Callender Pie Shops Inc, Perkins & Marie Callender's Inc, Case No. 11-11801, (Jointly Administered Under Case No 11-11795) NOTICE OF TRANSFER OF CLAIM OTHER THAN FOR SECURITY Claim No. (if known) none was filed or deemed filed under 11 U.S.C. 1111(a) in this case by the alleged transferor. As evidence of the transfer of claim, the transferee filed a Transfer of Claim Other than for Security in the clerk's office of this court on Thursday, August 04, 2011. Name of Transferee: Name of Transferor: Fair Harbor Capital, LLC Capitol Distribuition Co LLC As assignee of Capitol Distribuition Co LLC Fair Harbor Capital, LLC Ansonia Finance Station PO Box 237037 Name and Address of Transferor: New York, NY 10023 Capitol Distribuition Co LLC Dovellas Levi 13930 Mica Street Santa Fe Springs, CA 90670 ~DEADLINE TO OBJECT TO TRANSFER~ The transferor of claim named above is advised the this Notice of Transfer of Claim Other than for Security has been filed in the clerk's office of this court as evidence of the transfer. Objection must be filed with the court within twenty (20) days of the mailing of this notice. If no objection is timely received by the court, the transferee will be substituted as the original claimant without further order of the court. Date:_________________ ____________________________ Clerk of the Court AUG-03-2011 10:06 CAPITOL DISTRIBUTION 5624041041 P.002 United States Bankruptcy Court, District 01 Delaware '---------------------------.X In re: MARIE CALLENDER l)lE SHOPS, INC., Debtor. Chapter 11 CascNo.11-11801 Amount $5,681.00 ---,-----------._----- x (Jointly Administl'lUed Under Case No. 11-11795) TRANSFER OF Cl.A1M OTHER THAN FOR SBCURITY AND WAIVER OF NOnCE Bankruptcy Rule 3000(e) . PLEASE TAK NOTICE that the scheduled. claim of CAPITAL DISTRIBUTION CO. LLC ("Tl'nns1eror") against the Deblol'(s) in the amount of$5,681.00, WlliSled within Schedule F of the Schedule of Assets and Liabilities filed by the Debtor(s), and all claims (including without limitation the Proof of Claim, ifany. identified below and Transferor's rights to receive all interest, penil! lies. cure payments tmlt it may be entitled to receive on account of the assurnption of any executory contract or lease related to the Claimana fees. if any, which lIUIy be paid with respect to the Claim and all other claims, causes of action against the Debtor, its affiliates. any guarantor or other !hird party, together with voting ana other rights and benefits arising from, undel' relnting to any ofthc foregoing, and all cash, securities. instruments and other propertY Which may be paid or issued by Debtor in satisfaction ofthl; Claim) ofTransferor have been transferred and assigned other \.tIan for security to Fair Hl"ltbor Capital, LLC ("Transferee") in consideration ofthe sum oH The signature ofthe: TI'lImft;l'cf; 01'1 this TRANSFER OF CLAIM OTHER THAN FOR SECURITY AND WAIVEROF NOTICE is eVidence of the Trans1.er ofthe claims and all rights and benefits of Trnm;fcrol' rellUing to the ChUm. The Claim is ba.l;;e(i on amount:! to TTlIllsteror by Debtor and this transfer shall be deemed an absolute and uneonditiortld transfer ofthe Claim for the purpose of collection and shall not be: <bmle4 to create a security interest. Plea.'lC note that Fair Harbor Capital, LLC is not obligated to fill; any application, motion. Proof of Claimor other document with the Bankruptcy Court with regard to your claim. _ ,'_ 1, the claims, hereby and transfer my claims and all rights there under to the Tranmrl;C upon as set forth in covc:r Ic:UCI' received.: 1 rcP"resent l1Ild warrant that the claim is not less thll.ll$5.681.00 and I'I()t been pn;viously objected to, sold, or satisfied. Upon notification by Tran:..ferec. I agree to reimburse Tl'lUIsfCl'ce a pro-rata panion of the price if the claim is reduced, objected to. or disallowed. in whole: or part by the Debtor, the Court. or any othCl' party and Transferor represents and WamtJ1tS that there are no otlsets or defenses or prcfentiaJ payments that have been or may be assened by or on behalf of Debtor or lilly Olher party to reduce the amount oftbe Claim or to impair its value. lfTransferQI' fails to negotiate the di:rtribution check on or before ninety (90) days after issuance of such check, then Transferee shall void the distribution checl<, the amount of cash attrib\1table to such check shall bl:' deposited in Tl'l\IlSfCl'ee's bank acCOunt, and Transferor shall be: automatically deemed to have waived. its Claim. A Proof of Claim not (strike one) in the amount of $ been duly and timely filed i1'l the Proceeding:; (l\Ild a true copy of such Proof of Claim is atta(ll1ed to this A<:signmcnt). Iftbe ProofofClaim amount diffCl'S from the Claimamount set forth above, Transfere Shall nl;vertheless be dee:med the OWller Of that Proof of Claimsubject to the tenns ofthis Agreement and shall be entitled to iaenti1Y itself lIS owner of lo'Uch Proofof Clalm on the records of the Court. In the event the: Claim b ultimately allowed in an amount i1\ excess ofthe amount purchased herein, Transferor is hCl'ehy deemed to sell to Transferee, and, at "fransfcrc:c's option only, Transferee hereby agrees to purchase, the balllJ1ce of said Claim at the same pcfCetllage of claimpaid herein not 10 cxcec<l twice the Claim amount lollccifir::d above. Transferee shall rCl'tlit such payment to Tnmsfcrol' \1pon that the Claim has been allowed in the higher amount and is not subject to any objection by the Debtor. I, the undersigned Transfel'or hereby authorize Tntllsferl:'C to file anoticc of1ron:>fl:'l' to Rule 3001 (e) orthe Federal Rules of BankNpteY Procedure (ltFRBP"), with respect to the Claim, While 'j'ransferee performs its due diligence on the Claim. Transferee, at its sole option. may subsequently transfer the Claimback to Transteror if due diligence is not satisfactory, in Tnmsferce's sole and absolute discrr;tion pursuant to Rule 300 I (c) ofthe FRBP. In the event Transferee: tran:;fers the Claimback to Tntmferol' or withdraws the tnmsfi:r. at such time both TnlllsfCl'or and Transteree release each oth of all and My Obligation or liability regarding this As!>ignment of Claim. Transferor hereby acknOWledges and consl;llts to all ot'the terms set forth in this Tl'lltIsfer of Claim and hereby waives (i) right to raise: Qny objection hereto. lUld (ii) if}; right to receive: notice pursuant to Rule 3001 (e) of the FRBP. Tr:msferor hereby acknowledges that Transferee mllY lit 1I1'1y time reassign the Chum, together with wI right, title and interest ofTransfercc in and to this Transfer ofClaim. All rcprl;Setltation and warranties mllde: herein shall survive tht; execution and delivery ofthis Transfer ofClaim and any such re-l1Sl>ignment. .. '--' Otheuban..stated..o:v.c...Ir.ansferee.assumll.'l.all risks associated.wil:h..de.b1ot:uwiliQ' to,disttib.ute funds. TI:lIDsferor ag,r.ees to_delivtI'J.o. _ Fair Harbor Capital, I..LC any eorrCS])Ondence or payments rcccivc:d subsequent to the date Trans1eree signs this agreement. The clerk of the court is authorizcd to change the address regarding the claim ofthe 'fJ':msfcrorto iliat Of the Transfe:ree below. This Transfer of Claim be governed by and oonstruc:d in llCCordancc with the ll\ws of the State ofNe:w York. Any action arising under or relating to this A-.signmcnt of Claim may be brought in any State or Fed.eral court 10Cll.tcd in the State ofNew York, l\Ild Tl'llnsteror consents to and personal jurisdiction over Transferor by louch court or coul15 and agrcc:s that service of proce.<os may be upon Transferor by mailing a copy ofsald process to Transferor at the addte8S set forth in this A:lsignment of Claim, and in any nction hereunder Transferor waives the: right to demand a trial by jul)'. TlWlsferor acknowledges !hal, in the event that the Debto(s bankruptcy case is dismissed or convened to a case under Chapter 7 of the Bankruptcy Code and 'l'ransfcrc:c hIlS paid for the Claim, Trnnsfcror shall immediately remit to Ttansfercc all momt;s puid by Transferee in regard to the Claim and. ownership ofthe Claim shaH revert back to TnmsfCl'ol'. TRANSFEROR: TRANSFEREE: CAPITAL DISTRJSUTlON CO. LLC fair Harbor Cllpital, U 13930 MICA STREET 1841 Broadway, 10th Fl. NY, NY 10023 SANTA FE SPRlNGS. CA 90670 T'''", S'gn _. Date: g ... '3 or II _ Fred Glass. Member fair HlU'bof Capital, LLC Upctared_Addtcss (If ChlU'l&ed):__ . Phone; I ,_ "......",,-_...--. - - - - ----..