[The following is a claims bar date notice related to the bankruptcy case of Firestar Diamond Inc. and certain of its affiliates.]
JENNER & BLOCK LLP
Marc Hankin
Carl Wedoff
919 Third Avenue
New York, New York 10022
(212) 891-1600
Angela Allen (admitted pro hac vice)
353 North Clark Street
Chicago, Illinois 60654
(312) 222-9350
Counsel for the Chapter 11 Trustee
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK
In re:
FIRESTAR DIAMOND, INC., et al.,
Debtors.
Chapter 11
No. 18-10509 (SHL)
(Jointly Administered)
NOTICE OF DEADLINE FOR FILING OF PROOFS OF CLAIM: ON OR BEFORE DECEMBER 11, 2018
TO: ALL PERSONS AND ENTITIES WITH CLAIMS AGAINST FIRESTAR DIAMOND, INC., OLD AJ, INC. (f/k/a A. JAFFE, INC.), OR FANTASY, INC.
The United States Bankruptcy Court for the Southern District of New York has entered an Order establishing December 11, 2018 (the “Bar Date”) as the last date for each person or entity (including individuals, partnerships, corporations, joint ventures, trusts, and governmental units) to file a proof of claim against any of the above-captioned debtors (the “Debtors”).
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The Bar Date and the procedures set forth below for filing proofs of claim apply to all claims against the Debtors that arose before February 26, 2018 (the “Filing Date”), the date on which the Debtors commenced these cases under chapter 11 of the United States Bankruptcy Code, except for claims listed in Section 4 below that are specifically excluded from the Bar Date filing requirement.
1. WHO MUST FILE A PROOF OF CLAIM
You MUST file a proof of claim to vote on a chapter 11 plan or to share in distributions from the Debtors’ bankruptcy estates if you assert a claim that arose before the Filing Date, and the claim is not one of the types of claim described in Section 4 below. The Bar Date applies to a claim based on an act or omission of a Debtor that occurred before the Filing Date, even if the claim is not now fixed, liquidated, or certain or did not mature or become fixed, liquidated, or certain before the Filing Date. Claims under Section 503(b)(9) of the Bankruptcy Code must also be filed by the Bar Date.
Under Section 101(5) of the Bankruptcy Code and as used in this Notice, the word “claim” means: (a) a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (b) a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.
2. WHAT TO FILE
Your filed proof of claim must conform substantially to Official Form No. 410; a case- specific proof of claim form accompanies this notice. The Trustee is enclosing a proof of claim form for use in these cases; if your claim has been scheduled by the Debtors, the form also sets forth the amount of your claim as scheduled, the specific Debtor against which the claim is scheduled, and whether the claim is scheduled as disputed, contingent, or unliquidated. You will receive a different proof of claim form for each claim scheduled in your name by the Debtors. You may utilize the proof of claim form(s) provided by the Trustee to file your claim. Additional proofs of claim forms may be obtained at www.uscourts.gov/forms/bankruptcy-forms.
All proof of claim forms must be signed by the claimant or, if the claimant is not an individual, by an authorized agent of the claimant. It must be written in English and be denominated in United States currency. You should attach to your completed proof of claim any documents on which the claim is based (if voluminous, attach a summary) or an explanation as to why the documents are not available.
Your proof of claim form must not contain complete social security numbers or taxpayer identification numbers (only the last four digits), a complete birth date (only the year), the name of a minor (only the minor’s initials), or a financial institution account number (only the last four digits of such financial institution account).
Any holder of a claim against more than one Debtor must file a separate proof of claim with respect to each such Debtor and must identify on the proof of claim the specific Debtor against which the claim is asserted and the case number of that Debtor’s bankruptcy case. A list of the names of the Debtors and their case numbers is set forth in the footnote to the case caption above.
3. WHEN AND WHERE TO FILE
A proof of claim may be filed by sending it by U.S. mail, overnight delivery, or hand delivery to the following address:
Firestar Diamond, Inc. Claims Processing
c/o Omni Management Group
5955 De Soto Ave., Suite 100
Woodland Hills, CA 91367
or by hand delivery to the United States Bankruptcy Court for the Southern District of New York, One Bowling Green, Room 534, New York, NY 10004. A proof of claim is deemed filed only when received at one of the addresses listed above or filed with the Court electronically on the PACER system. A proof of claim may not be delivered by facsimile, telecopy, or electronic mail transmission.
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4. CLAIMS FOR WHICH A PROOF OF CLAIM NEED NOT BE FILED
You do not need to file a proof of claim on behalf of a claim on or before the Bar Date if the claim falls into one or more of the following categories:
(a) Any claim that has already been asserted in a proof of claim filed with the Clerk of the Bankruptcy Court for the Southern District of New York in a form substantially similar to Official Bankruptcy Form No. 410 (unless you wish to assert the claim against a Debtor not mentioned in the prior proof of claim, in which case an additional proof of claim must be filed);
(b) Any claim that is listed on the Schedules filed by the Debtors provided that (i) the claim is not scheduled as “disputed,” “contingent,” or “unliquidated;” (ii) the claimant does not disagree with the amount, nature, and priority of the claim as set forth in the Schedules; and (iii) the claimant does not dispute that the claim is an obligation only of the specific Debtor against which the claim is listed in the Schedules;
(c) Any claim that previously been allowed by Order of the Court;
(d) Any claim that has been paid in full by any of the Debtors;
(e) Any claim for which a different deadline has previously been fixed by this Court;
(f) Any claim by one Debtor against another Debtor; and
(g) Any claim allowable under § 503(b) and § 507(a) (2) of the Bankruptcy Code as an expense of administration of the Debtor’s estates.
(h) Any claim of a current employee of the Debtors, but only to the extent that such claim is solely for reimbursement of ordinary course business expenses or outstanding wages, base salary, commissions, benefits, bonuses, or other ordinary course compensation; but any employee of a Debtor who wishes to assert a claim against a Debtor that is not based solely on reimbursement of ordinary course business expenses or outstanding wages, base salary, commissions, benefits, bonuses, or other ordinary course compensation must file a proof of claim for such claim on or before the General Bar Date.
(i) The Debtors’ pre-petition lenders (Israel Discount Bank of New York and HSBC Bank USA, National Association).
If you are a holder of an equity interest in the Debtors, you need not file a proof of interest with respect to the ownership of such equity interest at this time. However, if you assert a claim against a Debtor, including a claim relating to such equity interest or the purchase or sale of such interest, a proof of such claim must be filed on or before the Bar Date pursuant to the procedures set forth in this Notice.
This Notice is being sent to many persons and entities that have had some relationship with or have done business with the Debtors but might not have an unpaid claim against the Debtors. The fact that you have received this Notice does not mean that you have a claim or that the Debtors, the Trustee, or the Court believe that you have a claim against the Debtors.
5. EXECUTORY CONTRACTS AND UNEXPIRED LEASES
If you have a claim arising out of the rejection of an executory contract or unexpired lease as to which the order authorizing such rejection is dated on or before October 5, 2018, the date of entry of the Bar Order, you must file a proof of claim by the Bar Date. Any person or entity that has a claim arising from the rejection of an executory contract or unexpired lease, as to which the order is dated after the date of entry of the Bar Order, you must file a proof of claim with respect to such claim so as to be received by the date fixed by the Court in the applicable order authorizing rejection of such contract or lease.
6. CONSEQUENCES OF FAILURE TO FILE A PROOF OF CLAIM BY THE BAR DATE ANY HOLDER OF A CLAIM THAT IS NOT EXEMPTED FROM THE REQUIREMENTS OF THIS ORDER, AS SET FORTH IN SECTION 4 ABOVE, AND THAT FAILS TO TIMELY FILE A PROOF OF CLAIM IN THE APPROPRIATE FORM SHALL NOT BE TREATED AS A CREDITOR WITH RESPECT TO SUCH CLAIM FOR THE PURPOSES OF VOTING ON ANY PLAN OF REORGANIZATION FILED IN THESE CASES OR PARTICIPATING IN ANY DISTRIBUTION IN THE DEBTORS’ CASES ON ACCOUNT OF SUCH CLAIM.
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7. THE DEBTORS’ SCHEDULES AND ACCESS THERETO
You may be listed as the holder of a claim against one or more of the Debtors in the Debtors’ Schedules of Assets and Liabilities and/or Schedules of Executory Contracts and Unexpired Leases (collectively, the “Schedules”). To determine if and how you are listed on the Schedules, please refer to the descriptions set forth on the enclosed proof of claim forms regarding the nature, amount, and status of your claim(s). If you received post-petition payments from the Debtors (as authorized by the Court) on account of your claim, the enclosed proof of claim form will reflect the net amount of your claims. If the Trustee believes that you might hold a claim against more than one Debtor, you should receive multiple proof of claim forms, each of which should reflect the nature and amount of your claim against one Debtor as listed in the Schedules.
If you rely on the Debtors’ Schedules, it is your responsibility to determine that the claim is accurately listed in the Schedules. However, you may rely on the enclosed form, which lists your claim as scheduled, identifies the Debtor against which it is scheduled, and specifies whether the claim is disputed, contingent, or unliquidated.
As set forth above, if you accept the nature, amount, and status of your claim as listed in the Schedules, and if you accept that your claim is only against the Debtor specified in the Schedules, and if your claim is not described as “disputed,” “contingent,” or “unliquidated,” you need not file a proof of claim. Otherwise, or if you decide to file a proof of claim, you must do so before the Bar Date in accordance with the procedures set forth in this Notice.
Copies of the Debtors’ Schedules are available for inspection at www.omnimgt.com/firestardiamond. Copies of the Schedules may also be examined between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday (except Federal holidays) at the Office of the Clerk of the Bankruptcy Court, One Bowling Green, Room 534, New York, New York 10004-1408. Copies of the Debtors’ Schedules may also be obtained by written request at the following address and telephone number: Omni Management Group, 5955 De Soto Ave., Suite 100 , Woodland Hills, CA 91367, (818) 906-8300.
A holder of a possible claim against the Debtors should consult an attorney regarding any matters not covered by this notice, such as whether the holder should file a proof of claim.
Dated: ___________________ BY ORDER OF THE COURT
New York, New York
JENNER & BLOCK LLP
By:/s/ Marc Hankin
Marc Hankin
Carl Wedoff
919 Third Avenue
New York, New York 10022
(212) 891-1600
mhankin@jenner.com
cwedoff@jenner.com
Angela Allen (admitted pro hac vice)
353 North Clark Street
Chicago, Illinois 60654
(312) 222-9350
aallen@jenner.com
Counsel for the Chapter 11 Trustee
