Whitney Lane Holdings, LLC v. Don Realty, LLC et al

Filing 16

REPORT AND RECOMMENDATIONS re 8 MOTION to Change Venue filed by OSJ of Clifton Park, LLC. Objections to R&R due by 11/10/2009. Signed by Magistrate Judge Randolph F. Treece on 10/27/09. (Attachments: # 1 Exhibit(s) Attachment 1, # 2 Exhibit(s) Attachment 2, # 3 Exhibit(s) Attachment 3)(tab)

B9F (Official Form 9F) (Chapter 11 Corporation/Partnership Case) (12/07)

Case Number 8-08-72076-dte

UNITED STATES BANKRUPTCY COURT Eastern District of New York Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors, & Deadlines
A chapter 11 bankruptcy case concerning the debtor(s) listed below was filed on 4/25/08. You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the bankruptcy clerk's office cannot give legal advice.

See Reverse Side For Important Explanations
Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): Whitney Lane Holdings, LLC 5 Pond Road Great Neck, NY 11024 Case Number: Taxpayer ID/Employer ID/Other Nos.: 8-08-72076-dte 20-1265647 Attorney for Debtor(s) (name and address): Anthony C Acampora Silverman Perlstein Acampora 100 Jericho Quadrangle Suite 300 Jericho, NY 11753 Telephone number: [phone]

p Se n Meeting of Creditors , o . q Date: June 6, 2008 Time: Es AM , 09:00 560 Federal Plaza - Room 562, Central Islip, NY Location: Office of the United States Trustee, Long Island Federalan Courthouse, 11722-4437 ffm o DeadyneH File a Proof of Claim lin to Proof of claim must beob received by the bankruptcy clerk's office by the following deadline: Rice of deadline will be sent at a later time. CNot yL b edito with Foreign edthis notice is sent atCarforeignraddressashould read Address: under "Claims" on the reverse side. A creditorew to whom the information Vi Deadline to File a Complaint to Determine Dischargeability of Certain Debts: t Las
Creditors May Not Take Certain Actions:

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In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. Address of the Bankruptcy Clerk's Office: For the Court: 290 Federal Plaza, P.O. Box #9013 Clerk of the Bankruptcy Court: Central Islip, NY 11722-9013 Robert A. Gavin, Jr. Telephone number: [phone] Hours Open: Monday - Friday 9:00 AM - 4:30 PM Date: 4/29/08

EXPLANATIONS
Filing of Chapter 11 Bankruptcy Case

B9F (Official Form 9F) (12/07)

A bankruptcy case under Chapter 11 of the Bankruptcy Code (title 11, United States Code) has been filed in this court by or against the debtor(s) listed on the front side, and an order for relief has been entered. Chapter 11 allows a debtor to reorganize or liquidate pursuant to a plan. A plan is not effective unless confirmed by the court. You may be sent a copy of the plan and a disclosure statement telling you about the plan, and you might have the opportunity to vote on the plan. You will be sent notice of the date of the confirmation hearing, and you may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving, the debtor will remain in possession of the debtor's property and may continue to operate any business. The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in this case.

Legal Advice

Creditors Generally Prohibited collection actions are listed in Bankruptcy Code § 362. Common examples of prohibited actions include May Not Take Certain contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or Actions obtain property from the debtor; repossessing the debtor's property; and starting or continuing lawsuits or foreclosures. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. Meeting of Creditors A meeting of creditors is scheduled for the date, time and location listed on the front side. The debtor's representative must be present at the meeting to be questioned under oath by the trustee and by creditors. Creditors are welcome to attend, but are not required to do so. The meeting may be continued and concluded at a later date without further notice. The court, after notice and a hearing, may order that the United States trustee not convene the meeting if the debtor has filed a plan for which the debtor solicited acceptances before filing the case. A Proof of Claim is a signed statement describing a creditor's claim. If a Proof of Claim form is not included with this notice, you can obtain one at any bankruptcy clerk's office. You may look at the schedules that have been or will be filed at the bankruptcy clerk's office. If your claim is scheduled and is not listed as disputed, contingent, or unliquidated, it will be allowed in the amount scheduled unless you filed a Proof of Claim or you are sent further notice about the claim. Whether or not your claim is scheduled, you are permitted to file a Proof of Claim. If your claim is not listed at all or if your claim is listed as disputed, contingent, or unliquidated, then you must file a Proof of Claim or you might not be paid any money on your claim and may be unable to vote on the plan. The court has not yet set a deadline to file a Proof of Claim. If a deadline is set, you will be sent another notice. A secured creditor retains rights in its collateral regardless of whether that creditor files a Proof of Claim. Filing a Proof of Claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a Proof of Claim may surrender important nonmonetary rights, including the right to a jury trial. Filing Deadline for a Creditor with a Foreign Address: The deadlines for filing claims will be set in a later court order and will apply to all creditors unless the order provides otherwise. If notice of the order setting the deadline is sent to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the deadline.

Claims

Discharge of Debts

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Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your debt. See Bankruptcy Code § 1141(d). A discharge means that you may never try to collect the debt from the debtor, except as provided in the plan. If you believe that a debt owed to you is not dischargeable under Bankruptcy Code § 1141(d)(6)(A), you must start a lawsuit by filing a complaint in the bankruptcy clerk's office by the "Deadline to File a Complaint to Determine Dischargeability of Certain Debts" listed on the front side. The bankruptcy clerk's office must receive the complaint and any required filing fee by that Deadline. Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed on the front side. You may inspect all papers filed, including the list of the debtor's property and debts and the list of the property claimed as exempt, at the bankruptcy clerk's office. Consult a lawyer familiar with United States bankruptcy law if you have any questions regarding your rights in this case.

Bankruptcy Clerk's Office Creditor with a Foreign Address

Undeliverable Notices Undeliverable notices will be sent by return mail to the debtor. It is the debtor's responsibility to obtain the parties correct address, resend the returned notice, and notify this office of the parties change of address. Failure to provide all parties with a copy of the notice may adversely affect the debtor as provided by the Bankruptcy Court.

Form 21 Statement of The debtor or debtor's attorney is required to bring a paper copy of the petition with full social security number Social Security # displayed to the first meeting of creditors.

-- Refer to Other Side for Important Deadlines and Notices --

B10 (Official Form 10) (12/07)

UNITED STATES BANKRUPTCY COURT Eastern District of New York
Name of Debtor: Whitney Lane Holdings, LLC

PROOF OF CLAIM
Case Number: 8-08-72076-dte

NOTE: This form should not be used to make a claim for an administrative expense arising after the commencement of the case. A request for payment of an administrative expense may be filed pursuant to 11 U.S.C. § 503. Name of Creditor (the person or other entity to whom the debtor owes money or property): Name and address where notices should be sent: Check this box to indicate that this claim amends a previously filed claim. Court Claim Number:______________ (If known)

Telephone number: Name and address where payment should be sent (if di fferent from above):

Filed on:_____________________ Check this box if you are aware that anyone else has filed a proof of claim relating to your claim. Attach copy of statement giving particulars.

Telephone number: 1. Amount of Claim as of Date Case Filed: $_______________________________

If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4. If all or part of your claim is entitled to priority, complete item 5.

sq ,E n Check this box if claim includes interest or other charges in addition to the princial amount of claim. Attach mpa ff itemized statement of interest or charges. Ho n 2. Basis for Claim: _____________________________ oby (See instruction #2 on reverse side.) CR 3. Last four digits of any number by which cL itor identifies debtor: ______________________ red y db 3a. Debtor may have scheduled account as: ____________________ e (See instructione3a on reverse side.) i #w sV am (tSee instruction #4 on reverse side.) 4. SecuredLlai C
Check the appropriate box if your claim is secured by a lien on property or a right of seto ff and provide the requested information. Nature of property or right of setoff: Describe: Real Estate Motor Vehicle Other

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Check this box if you are the debtor or trustee in this case.

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under 11 U.S.C. §507(a). If any portion of your claim falls in one of the following categories, check the box and state the amount.

Specify the priority of the claim. Domestic support obligations under 11 U.S.C. §507(a)(1)(A) or (a)(1)(B). Wages, salaries, or commissions (up to $10,950*) earned within 180 days before filing of the bankruptcy petition or cessation of the debtor's business, whichever is earlier - 11 U.S.C. §507 (a)(4). Contributions to an employee bene fit plan - 11 U.S.C. §507 (a)(5). Up to $2,425* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use - 11 U.S.C. §507 (a)(7). Taxes or penalties owed to governmental units - 11 U.S.C. §507 (a)(8). Other - Specify applicable paragraph of 11 U.S.C. §507 (a)(__).

Value of Property: $________________ Annual Interest Rate___% Amount of arrearage and other charges as of time case filed included in secured claim, if any: $__________________ Basis for perfection: ____________________ Amount of Secured Claim: $__________________ Amount Unsecured: $__________________ 6. Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim. 7. 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. You may also attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also attach a summary. (See definition of "redacted" on reverse side.) DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING. If the documents are not available, please explain:

Amount entitled to priority: $_______________

*Amounts are subject to adjustment on 4/1/10 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment.
FOR COURT USE ONLY

Date:

Signature: The person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other person authorized to file this claim and state address and telephone number if di fferent from the notice address above. Attach copy of power of attorney, if any.

Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.

B10 (Official Form 10) (12/07) - Cont.

INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be exceptions to these general rules. Items to be completed in Proof of Claim form documentation, and state annual interest rate and the amount past due on the Court, Name of Debtor, and Case Number: Fill in the federal judicial district where the bankruptcy case was filed (for claim as of the date of the bankruptcy filing. example, Central District of California), the bankruptcy debtor's name, and the 5. Amount of Claim Entitled to Priority Under 11 U.S.C. §507(a). bankruptcy case number. If the creditor received a notice of the case from the bankruptcy court, all of this information is located at the top of the notice. If any portion of your claim falls in one or more of the listed categories, check the appropriate box(es) and state the amount entitled to priority. (See Creditor's Name and Address: DEFINITIONS, below.) A claim may be partly priority and partly non-priority. For example, in some of the categories, the law limits the amount entitled to Fill in the name of the person or entity asserting a claim and the name and priority. address of the person who should receive notices issued during the bankruptcy case. A separate space is provided for the payment address if it di ffers from the notice address. The creditor has a continuing obligation to keep the court 6. Credits: An authorized signature on this proof of claim serves as an acknowledgment informed of its current address. See Federal Rule of Bankruptcy Procedure that when calculating the amount of the claim, the creditor gave the debtor (FRBP) 2002(g). credit for any payments received toward the debt. 1. Amount of Claim as of Date Case Filed: 7. Documents: State the total amount owed to the creditor on the date of the Bankruptcy Attach to this proof of claim form redacted copies documenting the existence filing. Follow the instructions concerning whether to complete items 4 and 5. Check the box if interest or other charges are included in the claim. of the debt and of any lien securing the debt. You may also attach a summary. You must also attach copies of documents that evidence perfection of any security interest. You may also attach a summary. FRBP 3001(c) and (d). Do 2. Basis for Claim: State the type of debt or how it was incurred. Examples include goods sold, not send original documents, as attachments may be destroyed after scanning. money loaned, services performed, personal injury/wrongful death, car loan, mortgage note, and credit card. Date and Signature: The person filing this proof of claim must sign and date it. FRBP 9011. If the 3. Last Four Digits of Any Number by Which Creditor Identifies Debtor: claim is filed electronically, FRBP 5005(a)(2), authorizes courts to establish State only the last four digits of the debtor's account or other number used by local rules specifying what constitutes a signature. Print the name and title, if the creditor to identify the debtor. any, of the creditor or other person authorized to file this claim. State the filer's address and telephone number if it di ffers from the address given on the top of 3a. Debtor May Have Scheduled Account As: the form for purposes of receiving notices. Attach a complete copy of any Use this space to report a change in the creditor's name, a transferred claim, or power of attorney. Criminal penalties apply for making a false statement on a any other information that clari fies a di fference between this proof of claim proof of claim. and the claim as scheduled by the debtor. 4. Secured Claim: Check the appropriate box and provide the requested information if the claim is fully or partially secured. Skip this section if the claim is entirely unsecured. (See DEFINITIONS, below.) State the type and the value of property that secures the claim, attach copies of lien

Debtor A debtor is the person, corporation, or other entity that has filed a bankruptcy case. Creditor A creditor is the person, corporation, or other entity owed a debt by the debtor on the date of the bankruptcy filing. Claim A claim is the creditor's right to receive payment on a debt that was owed by the debtor on the date of the bankruptcy filing. See 11 U.S.C. §101 (5). A claim may be secured or unsecured. Proof of Claim A proof of claim is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date of the bankruptcy filing. The creditor must file the form with the clerk of the same bankruptcy court in which the bankruptcy case was filed. Secured Claim Under 11 U.S.C. §506(a) A secured claim is one backed by a lien on property of the debtor. The claim is secured so long as the creditor has the right to be paid from the property prior to other creditors. The amount of the secured claim cannot exceed the value of the property. Any amount owed to the creditor in excess of the value of the property is an unsecured claim. Examples of liens on property include a mortgage on real estate or a security interest in a car.

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__________DEFINITIONS__________

______INFORMATION______

A lien may be voluntarily granted by a debtor or may be obtained through a court proceeding. In some states, a court judgment is a lien. A claim also may be secured if the creditor owes the debtor money (has a right to seto ff). Unsecured Claim An unsecured claim is one that does not meet the requirements of a secured claim. A claim may be partly unsecured if the amount of the claim exceeds the value of the property on which the creditor has a lien. Claim Entitled to Priority Under 11 U.S.C. §507(a) Priority claims are certain categories of unsecured claims that are paid from the available money or property in a bankruptcy case before other unsecured claims. Redacted A document has been redacted when the person filing it has masked, edited out, or otherwise deleted, certain information. A creditor should redact and use only the last four digits of any social-security, individual's tax-identi fication, or financial-account number, all but the initials of a minor's name and only the year of any person's date of birth. Evidence of Perfection Evidence of perfection may include a mortgage, lien, certi ficate of title, financing statement, or other document showing that the lien has been filed or recorded.

Acknowledgment of Filing of Claim To receive acknowledgment of your filing, you may either enclose a stamped self-addressed envelope and a copy of this proof of claim or you may access the court's PACER system (www.pacer.psc.uscourts.gov) for a small fee to view your filed proof of claim.

_____ ____________ _ _ __ __ _ __

Offers to Purchase a Claim Certain entities are in the business of purchasing claims for an amount less than the face value of the claims. One or more of these entities may contact the creditor and offer to purchase the claim. Some of the written communications from these entities may easily be confused with official court documentation or communications from the debtor. These entities do not represent the bankruptcy court or the debtor. The creditor has no obligation to sell its claim. However, if the creditor decides to sell its claim, any transfer of such claim is subject to FRBP 3001(e), any applicable provisions of the Bankruptcy Code (11 U.S.C. § 101 et seq.), and any applicable orders of the bankruptcy court.

Bankruptcy Noticing Center 2525 Network Place, 3rd Floor Herndon, Virginia 20171-3514 District/off: 0207-8 Case: 08-72076

CERTIFICATE OF SERVICE
User: jfabio Form ID: 217 Page 1 of 1 Total Served: 35 Date Rcvd: Apr 29, 2008

The following entities were served by first class mail on May 01, 2008. db +Whitney Lane Holdings, LLC, 5 Pond Road, Great Neck, NY 11024-1013 aty +Anthony C Acampora, Silverman Perlstein Acampora, 100 Jericho Quadrangle, Suite 300, Jericho, NY 11753-2702 smg +Diana Adams, Office of the United States Trustee, Long Island Federal Courthouse, 560 Federal Plaza, Central Islip, NY 11722-4456 smg +NYC Department of Finance, 345 Adams Street, 3rd Floor, Attn: Legal Affairs - Devora Cohn, Brooklyn, NY 11201-3719 smg +NYS Department of Taxation & Finance, Bankruptcy Unit, PO Box 5300, Albany, NY 12205-0300 smg NYS Unemployment Insurance, Attn: Insolvency Unit, Bldg. #12, Room 256, Albany, NY 12201 smg +United States of America, Secretary of the Treasury, 15th Street & Pennsylvania Ave. NW, Washington, DC 20220-0001 5753641 +Arash Noghreh, 6 Kennilworth Terrace, Kings Point, NY 11024-1206 5753642 +Arman Noghreh, 5 Pond Road, Kings Point, NY 11024-1013 5753643 C.O. Contracting, 215 Lishakill Road, Schnectady, NY 12309-3223 5753645 +CPSS Electric, P.O. Box 302, Clifton Park, NY 12065-0302 5753644 +Clifton Park Water Authority, 5 Municipal Plaza, Clifton Park, NY 12065-3831 5753646 +Davidoff Malato & Hutcher LLP, 605 3rd Avenue, 34th Flr., New York, NY 10158-0098 5753647 +Grennan Project Services, 6 Mountain Way, Clifton Park, nY 12065-2012 5753648 +Hoffman & Riley Architects, 1735 Central Avenue, Albany, NY 12205-6752 5753654 +NYC Dept. of Finance, Attn: Bank & Assign. Unit, 345 Adams Street, 10th Fl. South, Brooklyn, NY 11201-3719 5753655 +NYC Dept. of Finance, Off. of Comm. of Finance, 1 Centre Street, Room 500, New York, NY 10007-1602 5753656 NYS Dept. Of Tax & Finance, Bankruptcy Section, P.O. Box 5300, Albany, NY 12205-0300 5753650 +National Grid, 300 Erie Blvd. West, Syracuse, NY 13202-4250 5753652 +Nessenoff & Mittenberg LLP, 363 7th Avenue, New York, NY 10001-3904 5753657 +OSJ of Clifton Park, LLC, 375 Commerce Park Road, N. Kingstown, RI 02852-8420 5753658 Professional Fire Protection, State Highway 67, Fort Johnson, NY 12070 5753659 +Protection One, 8616 Main Street, Williamsville, NY 14221-7461 5753660 Robert Javaheri, Kings Point, NY 11024 5753661 +Roland J. Down Service Ex, 13 Airport Road, Scotia, NY 12302-3480 5753662 +Saul Maslavi, 16 Shore Drive, Kings Point, NY 11024-1218 5753663 +Segel, Goldman et al., 9 Washington Square, Washington Ave. Ext., Albany, NY 12205-5524 5753664 +State of New York, Office of the Atty Gen., 120 Broadway, New York, NY 10271-0332 5753665 +Steven Merdinger, 35 E. 85th Street, New York, NY 10028-0954 5753667 +THG Management Co., 449 Central Avenue, Suite 204, St. Peterburg, FL 33701-3876 5753666 Tech Valley Communications, 54 State Street, Albany, NY 12207-2524 5753668 +U.S. Dept. of Justice, Tax Div., Box 55, Ben Franklin Station, Washington, D.C 20044-0055 5753669 +United States Attorney, Attn: Chief - Bank. Lit., 271 Cadman Plaza E., Brooklyn, NY 11201-9997 The following entities were served by electronic transmission on Apr 29, 2008. smg EDI: IRS.COM Apr 29 2008 15:35:00 Internal Revenue Service, P.O. Box 21126, Philadelphia, PA 19114 5753649 EDI: IRS.COM Apr 29 2008 15:35:00 Internal Revenue Service, 625 Fulton Street, Brooklyn, NY 11201 ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** Nissim Seliktar +National Grid, 300 Erie Blvd. West, Syracuse, NY 13202-4250 TOTALS: 1, * 1 Addresses marked '+' were corrected by inserting the ZIP or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP.

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11601 Roosevelt Blvd., 10 Metro Tech Center, TOTAL: 2

5753653 5753651*

I, Joseph Speetjens, declare under the penalty of perjury that I have served the attached document on the above listed entities in the manner shown, and prepared the Certificate of Service and that it is true and correct to the best of my information and belief. Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciary's privacy policies.

Date: May 01, 2008

Signature: