GENERAL INFORMATION
On July 9, 2008, Steve & Barry's Manhattan LLC and 63 of its affiliates
(the "Debtors") filed petitions in the United States Bankruptcy Court
for the Southern District of New York (the "Court") seeking relief under
chapter 11 of the United States Bankruptcy Code. The Debtors' cases
have been assigned to Judge Allan L. Gropper. Pursuant to docket #46,
these cases jointly administered for procedural purposes, meaning that
all pleadings filed in these cases will be reflected on case docket
08-12579 ("Main Case Docket").
On September 12, 2008, an Order was signed authorizing the Debtors to
change their corporate names. Accordingly, Steve & Barry's Manhattan
LLC is now known as Stone Barn Manhattan LLC. A complete list of
Debtors, including their new and former names, can be found by clicking
here.
The Main Case Docket can be accessed through the website maintained by the
United States Bankruptcy Court (
http://www.nysb.uscourts.gov). An unofficial version of the docket is accessible by selecting the “Docket” icon at the top of this page.
SALE TO BH S&B HOLDINGS, LLC
On July 16, 2008, the Debtors filed an amended motion seeking, among other things,
authority to sell all or substantially all of their assets (the "Sale").
On August 5, 2008, the Court entered an order approving, among other things,
(i) certain bidding procedures to be used in connection with an auction to conducted
by by the Debtors, and (ii) the Debtors' entry into an asset purchase purchase agreement,
dated August 4, 2008, with BH S&B Holdings, LLC. On August 18, 19 and 20, 2008,
the Debtors conducted an auction for the sale of all or substantially all of their
assets at the offices of Weil, Gotshal & Manges LLP, counsel to the Debtors in these
chapter 11 cases. At the auction, the bid of BH S&B Holdings, LLC was determined
to be the best and highest bid. After holding a hearing on August 21 and 22, 2008,
the Bankruptcy Court entered an order, dated August 22, 2008, (i) authorizing the
sale of substantially all of the Debtors' assets, (ii) approving the asset purchase
agreement entered into by and between the Debtors and BH S&B Holdings, LLC, (iii)
authorizing the assumption and assignment of certain executory contracts and
unexpired leases, (iv) authorirzing the conduct of store closing sales, (v)
approving certain agency agreements, and (iv) granting other related relief
(the "Sale Order"). To see a copy of the Sale Order, please click
here.
To see a copy of the Amended and Restated Asset Purchase Agreement, please click
here.
To see a copy of the Agency Agreement, please click
here.
To see Amendment No. 1 to the Agency Agreement, please click
here.
PROOFS OF CLAIM AND REQUESTS FOR PAYMENT OF ADMINISTRATIVE EXPENSE
The deadlines for filing of proofs of claim against the Debtors in these cases has been set by the Court as
Monday, December 29, 2008 at 5:00 p.m. (prevailing Eastern Time), for any entity other than a governmental unit,
and Monday January 5, 20098 at 5:00 p.m. (prevailing Eastern Time) for any governmental unit. Additionally, the deadline for
filing an Administrative Expense Claim Request has been set by the Court as
Monday, December 29, 2008 at 5:00 p.m. (prevailing Eastern Time).
Completed forms are to be sent to
one of the following address, so as to be received by the applicable deadline:
| If by first-class mail: |
Steve and Barry's Claims Processing c/o Epiq Bankruptcy Solutions, LLC FDR Station, P.O. Box 5286 New York, NY 10150-5286 |
| If by Hand Delivery or Overnight mail: |
Epiq Bankruptcy Solutions, LLC Attn: Steve and Barry's Claims Processing 757 Third Avenue, 3rd Floor New York, NY 10017 |
Alternate Hand Delivery or Overnight mail address: |
Clerk of the United States Bankruptcy Court Attn: Steve and Barry's Claims Processing One Bowling Green New York, NY 10004 |
A blank Proof of Claim/Request for Payment of Administrative Expense Form can be obtained
here.
If you file a Proof of Claim or an Administrative Expense Claim Request, your filed Proof of Claim or Administrative Expense Claim Request,
must: (i) be written in the English language; (ii) be
denominated in lawful currency of the United States as of July 9, 2008; (iii) conform substantially with the form
available on this web site; (iv) state the Debtor against which it is filed; (v) set forth with
specificity the legal and factual basis for the alleged claim; (vi) include supporting documentation or an explanation
as to why documentation is not available; and (vii) be signed by the claimant or, if the claimant is not an individual,
by an authorized agent of the claimant.
If you are asserting a claim against more than one Debtor, separate Proofs of Claim or Administrative Expense Claim Requests
must be filed against each such Debtor.
OFFICIAL COMMITTEE OF UNSECURED CREDITORS
Pursuant to Docket #105, the following creditors have been appointed to the Official Committee of Unsecured Creditors in these cases
by the Office of the United States Trustee:
Simon Property Group, Inc.
225 West Washington St.
Indianapolis, IN 46204
Attn: Ronald M. Tucker
(317) 263-2346 |
General Growth Properties, Inc.
110 N. Wacker Drive
Chicago, IL 60606
Attn: Julie Minnick Bowden
(312) 960-2707 |
Texport Syndicate (India) Ltd.
Plot No. 6, F-11/12, Western Ind. Co-Op Estate
OPP. Speez, M.I.D.C.,
Andheri (E), Mumbai- 400 093, India
Attn: Anuj Goenka
91-22-30809500 |
JJ Garment
Room 801. No. 251, Xiaomuqiao Rd.
Shanghai, China, PRC
Attn: Joanna Wu
00-86-13817833271 |
AGI Logistics Corporation
World Headquarters
230-59 International Airport Ctr Blvd.
Jamaica, NY 11413
Attn: Scott Ornstein, COO
(718) 528-1200 |
Gildan Active SRL
Gildan House, #34 Warrens Industrial Park,
Warrens, St. Michael 22026, Barbados
Attn: Gilles Leger
(246) 367-4015 |
American Express
200 Vessey St.
New York, NY 10285
Attn: James Salvato
(212) 640-7240 |
KEY PROFESSIONALS
| Debtors’ Counsel |
Weil Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
http://www.weil.com
| Phone: | (212) 310-8000 |
| Fax: | (212) 310-8007 |
| Attn: | Lori R. Fife, Esq. Shai Y. Waisman, Esq. Victoria Vron, Esq. |
|
| Counsel for Official Committee of Unsecured Creditors |
Cooley Godward Kronish LLP
1114 Avenue of the Americas
New York, NY 10036
http://www.cooley.com
|
| Phone: | (212) 479-6000 |
| Attn: | Jay R. Indyke, Esq. | |
| | Cathy Hershcopf, Esq. | |
| | Gregory G. Plotko, Esq. | |
| | Brent Weisenberg, Esq. | |
|
U.S. TRUSTEE
The Office of the United States Trustee
33 Whitehall Street
21st Floor
New York, NY 10004
Phone: (212) 510-0500
Fax: (212) 668-2255
Attn: Paul Schwartzberg, Esq.
|
USEFUL LINKS
WEBSITE INFORMATION
As stated above, an unofficial version of the Main Case Docket can be accessed through this website by selecting “Docket” icon at the top of this page. In addition, from time to time, certain key documents filed in this case or otherwise made available by the Debtor will be available by selecting the “Documents” icon above. Should you have any questions relating to this website, please feel free to contact us at 646.282.2500.