Laserfiche WebLink
!N r" <br /> APR 2 1 1993 <br /> UNITED STATES BANKRUPTCY COURT tNVIRONMEN AL HFALTH <br /> SOUTHERN DISTRICT OF CAI IFORNIA NttlM11/Ot",vII:CQ <br /> In re ) Case No. SD 92-09132-A11 <br /> THRIFTY OIL CO., a California corporation, ; Chapter 11 <br /> Debtor NOTICE OF ORDER ESTABLISHING PROCE- <br /> DURES AND DEADLINES FOR FILING PROOFS <br /> OF CLAIMS AND ESTABLISHING SANCTIONS <br /> FOR FAILURE TO COMPLY THEREWITH <br /> )) BAR DATE: MAY 20, 1993 <br /> TO CREDITORS,PRESENT AND FORMER EMPLOYEES,EQUITY SECURITY HOLDERS,PARTIES WHO HAVE REOUESTED SPECIAL <br /> NOTICE, OTHER PARTIES IN INTEREST, AND ANY PERSONS OR ENTITIES, INCLUDING PARTNERSHIPS, CORPORATIONS, <br /> ESTATES,TRUSTS,AND GOVERNMENTAL UNITS ASSERTING CLAIMS AGAINST THE ABOVECAPTIONED ESTATE: <br /> PLEASE TAKE NOTICE that on March 30. 1993, the United States Bankruptcy Court in the above-captioned chapter 1 1 <br /> case entered its"Order (1) Establishing Procedures and Deadlines for Filing Proofs of Claims; (2)Establishing Sanctions for Failure <br /> to Comply Therewith;and(3)Approving Form and Scope of Notice Thereof"(the"Order")establishing May 20, 1993,as the last date <br /> for the filing of Proofs of"Claims" (as defined herein)against Thrifty Oil Co.,debtor and debtor in possession in the above-captioned <br /> case ("Thrifty"). A copy of the Order and of Thrifty's Schedules of Liabilities filed September 2, 1992, as thereafter amended from <br /> time to time (the "Schedules"), may be inspected at the office of the Clerk of the Bankruptcy Court, 940 Front Street, San Diego <br /> California 92101, or at Thrifty's offices located at 10000 Lakewood Blvd. Downey, CA 90240. <br /> ANY PROOF OF CLAIM FILED AFTER MAY 20, 1993, EXCEPT AS STATED BELOW, SHALL BE DISALLOWED. ANY <br /> PERSON OR ENTITY THAT IS REQUIRED BY THE ORDER TO FILE A PROOF OF CLAIM AND THAT FAILS TO DO SO BY MAY 20, <br /> 1993, SHALL NOT BE TREATED AS A CREDrrOR FOR PURPOSES OF VOTING OR DISTRIBUTION IN THE ABOVE-CAPTIONED <br /> CASE,AND ANY CLAIM OF SUCH PERSON OR ENTITY SHALL BE DISCHARGED AND FOREVER BARRED. <br /> IF YOU ASSERT A CLAIM AGAINST THRIFTY AND ONE OR MORE OF ITS AFFILIATED CHAPTER 11 DEBTORS, A <br /> SEPARATE ORIGINAL PROOF OF CLAIM FORM, AND A COPY THEREOF, MUST BE FILED WrTH RESPECT TO EACH DEBTOR <br /> AGMRST-WHICH YOU ASSERT A CLAIM,TOGETHER WITH THE GROUNDS UPON WHICH YOU CONTEND THAT EACH DEBTOR <br /> IS LIABLE TO YOU. <br /> You are required to file an original and one copy of each Proof of Claim. In addition,to receive an acknowledgement that <br /> your Proof of Claim has been received by the Clerk of the Bankruptcy Court and filed,you must provide a second copy of each claim <br /> filed and a postage-paid, self-addressed return envelope. <br /> All Proofs of Claims must be filed so that they are actually received by the Clerk of the Bankruptcy Court on or before 3:00 <br /> p.m . Pacific Daylight Time, on May 20, 1993. except as stated herein. Proofs of Claims must be filed by mail or in person at the <br /> following address: <br /> Clerk, United States Bankruptcy Court <br /> Room 5170,940 Front Street <br /> San Diego, California 92101-8974 <br /> PROOFS OF CLAIMS WILL BE DEEMED FILED ONLY WHEN ACTUALLY RECEIVED BY THE CLERK OF THE BANKRUPTCY COURT. <br /> Proofs of Claims must be filed in the English language and, pursuant to 11 U.S.C.§502(b),amounts due shall be stated <br /> in lawful currency of the United States as of July 31, 1992 Do not file with, or send copies of Proofs of Claims to.Thrifty, Thrifty s <br /> counsel,the Offlcial Unsecured Creditors'.Committee (the "Committee"),the Committee's counsel, the Bank Group or its counsel. <br /> Proofs of Claims sent to any person or entity other than the Clerk of the Bankruptcy Court are not properly or timely filed pursuant <br /> to the Order ' <br /> Pursuant to 11 U.S.C. § 1111(a), a Proof of Claim is deemed filed for any Claim which appears in Thrifty's Schedules for <br /> a liquidated amount and is not therein identified as disputed,contingent or unliquidated. Any Proof of Claim filed by a creditor will <br /> supersede any scheduled Claim. <br /> After the deadline for filing Claims.a creditor may not seek to amend a Claim deemed filed on its behalf under Bankruptcy <br /> Code § 1111(a) by virtue of the listing of such Claim by Thrifty in its Schedules. After the deadline for filing Claims,amendments <br /> to timely filed claims shall be allowed without the consent of Thrifty only to the extent that the amended Claim is based on the same <br /> facts and circumstances as the timely asserted Claim,and then only if the additional amounts asserted bKthe amended Claim were <br /> not reasonably ascertainable by the deadline for filing Claims. <br /> Thrifty has reserved theright (a)to dis ute and to assert offsets,counterclaims or defenses to the amount,liability and/or <br /> priority of any Claim listed in its Schedules, b) to subsequently designate any scheduled Claim as disputed, contingent, or <br /> unliquidated.and (c)to change the amount of any scheduled Claim. Following notice of any amendment to the Schedules to add <br /> a creditor or reduce the amount of a scheduled Claim, any creditor so affected shall have the later of 30 days after notice of the <br /> amendment, or the applicable deadline for filing Claims,within which to file a Proof of Claim. No extension of time is granted if <br /> Thrifty's amendment to its Schedules increases the Claim of a creditor deemed filed under 11 U.S.C. § 1111(a). Amendments to <br /> Schedules regarding creditors who have previously filed Proofs of Claims shall not affect any Claim already on file or extend the <br /> deadline for filing Claims Nothing set forth herein shall be deemed to preclude Thrifty,or any other party in interest,from objecting <br /> to any Claim, whether scheduled or filed, on any grounds. <br />