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    United States Bankruptcy Court Western District of Texas San Antonio Division

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    Chapter 11 Dockets
    The Kingdom Fresh Group responds to objections to their PACA trust claims in the Delta Produce bankruptcy case. Kingdom Fresh concedes parts of an objection and agrees to a modified claim of $62,327 including 6% interest. I. Kunik agrees to withdraw an objection to its $22,779 claim including 18% interest and fees. Five Brothers agrees to a modified $32,534 claim including 6% interest, denying an objection to its attorney fees claim. The Kingdom Fresh Group requests the court deny objections and grant their modified claims.

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    United States Bankruptcy Court Western District of Texas San Antonio Division

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    Chapter 11 Dockets
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    The Kingdom Fresh Group responds to objections to their PACA trust claims in the Delta Produce bankruptcy case. Kingdom Fresh concedes parts of an objection and agrees to a modified claim of $62,327 including 6% interest. I. Kunik agrees to withdraw an objection to its $22,779 claim including 18% interest and fees. Five Brothers agrees to a modified $32,534 claim including 6% interest, denying an objection to its attorney fees claim. The Kingdom Fresh Group requests the court deny objections and grant their modified claims.

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    The Kingdom Fresh Group responds to objections to their PACA trust claims in the Delta Produce bankruptcy case. Kingdom Fresh concedes parts of an objection and agrees to a modified claim of $62,327 including 6% interest. I. Kunik agrees to withdraw an objection to its $22,779 claim including 18% interest and fees. Five Brothers agrees to a modified $32,534 claim including 6% interest, denying an objection to its attorney fees claim. The Kingdom Fresh Group requests the court deny objections and grant their modified claims.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    62 views6 pages

    United States Bankruptcy Court Western District of Texas San Antonio Division

    Uploaded by

    Chapter 11 Dockets
    The Kingdom Fresh Group responds to objections to their PACA trust claims in the Delta Produce bankruptcy case. Kingdom Fresh concedes parts of an objection and agrees to a modified claim of $62,327 including 6% interest. I. Kunik agrees to withdraw an objection to its $22,779 claim including 18% interest and fees. Five Brothers agrees to a modified $32,534 claim including 6% interest, denying an objection to its attorney fees claim. The Kingdom Fresh Group requests the court deny objections and grant their modified claims.

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    of 6

    UNITED STATES BANKRUPTCY COURT

    WESTERN DISTRICT OF TEXAS


    SAN ANTONIO DIVISION
    In re:
    DELTA PRODUCE, L.P.,
    Debtors,
    )
    )
    )
    )
    )
    )
    )
    Chapter 11
    Case No.: 12-50073-LMC

    Jointly Administered
    Hon. Leif M. Clark
    KINGDOM FRESH GROUPS RESPONSE TO
    SPECIAL PACA COUNSELS CLAIMS
    Kingdom Fresh Produce, Inc. (Kingdom Fresh), I. Kunik Company, Inc. (I. Kunik) and
    Five Brothers Jalisco Produce Co. Inc d/b/a Bonanza 2001 (Five Brothers) (collectively the
    Kingdom Fresh Group), through their undersigned counsel, and pursuant to Amended Order
    Establishing a Deadline to File PACA Trust Claims, For Procedures To Resolve Those Claims (D.E.
    #124)., responds to Special PACA Counsels Objections to Claims (D.E. # 159) and the R&Js
    Group Omnibus Objections to Certain PACA Trust Claims (D.E. # 184)in connection with the
    Perishable Agricultural Commodities Act, 7 U.S.C. 499a-t (the PACA), and in support of such,
    the Kingdom Fresh Group states as follows:
    I. KINGDOM FRESHS RESPONSE TO SPECIAL PACA COUNSELS OBJECTIONS TO
    PACA PROOF OF CLAIM
    Kingdom Fresh concedes certain aspects of Special PACA Counsels objection. First, the
    offset of $3,545.00 owed to Delta is valid. Second, the claim of $3,696.00 on invoice #10524 is
    valid. Third, to Kingdom Freshs ability to recover 6% per annum pre-judgment interest pursuant
    to Tex.Fin.Code 302.002. Kingdom Fresh consents to the modified PACA trust amount of
    $62,327.00 including its right to statutory interest of 6% APR.
    12-50073-lmc Doc#207 Filed 04/16/12 Entered 04/16/12 17:33:18 Main Document Pg 1 of
    4
    2
    II. I. KUNIKS RESPONSE TO SPECIAL PACA COUNSELS OBJECTIONS TO PACA
    PROOF OF CLAIM
    Counsel for the Kingdom Fresh Group and Special PACA Counsel discussed the objection
    to I. Kuniks claim for costs associated with pallets and temperature recording used to ship wholesale
    quantities of perishable agricultural commodities ("Produce") in interstate commerce to Delta. Special
    PACA Counsel agrees to withdraw the objection and allow I. Kunik to collect the costs associated
    with the sale of Produce. Attached hereto and incorporated herein as Exhibit A is Special PACA
    Counsels confirming the withdrawal of the objection. Special PACA Counsel never filed any
    objection to other parts of I. Kuniks claim on or before the March 22, 2012 deadline. Therefore
    I.Kunik is entitled to a valid PACA trust claim for $22,779.52, including contractual interest at 18%
    per annum and its contractual right to attorneys fees and costs.
    III. FIVE BROTHERS RESPONSE TO SPECIAL PACA COUNSELS OBJECTIONS TO
    PACA PROOF OF CLAIM
    Five Brothers consents to the statutory pre-judgment interest rate of 6% APR., pursuant to
    Tex.Fin.Code 302.002. Special PACA Creditor and the R&Js Group objected to Five Brothers
    right to attorneys fees is wholly without merit because Five Brothers does not have a contractual
    right to attorneys fees. Five Brothers consent to the modified claim amount of $32,534.84,
    including statutory interest at the rate of 6% APR.
    12-50073-lmc Doc#207 Filed 04/16/12 Entered 04/16/12 17:33:18 Main Document Pg 2 of
    4
    3
    WHEREFORE the Kingdom Fresh Group requests this Honorable Court to deny Special
    PACA Counsels objections and grant; (1) Kingdom Freshs modified claim of $62,327.00 including
    its right to statutory interest of 6% APR; (2) I.Kunks claim of $22,779.52, including contractual
    interest at 18% APR and collection costs, including attorneys fees; (3)Five Brothers modified claim
    amount of $32,534.84, including statutory interest at the rate of 6% APR, and; (4) provide such other
    and further relief as the Court deems appropriate upon consideration of this matter.
    Date:April 16, 2012 Respectfully submitted,
    KINGDOM FRESH PRODUCE, INC.,
    I.KUNIK CO., INC., and FIVE BROTHERS
    JALISCO PRODUCE CO. INC d/b/a
    BONANZA 2001
    By: /s/ Kevin P. Kelley
    One of Their Attorneys
    Kevin P. Kelley, Esq.
    KEATON & ASSOCIATES, P.C.
    1278 W. Northwest Highway, Suite 903
    Palatine, Illinois 60067
    Tel: 847/934-6500
    Fax: 847/ 934-6508
    Email: [email protected]
    Louis T. Rosenberg, Esq.
    LAW OFFICES OF LOUIS T.
    ROSENBERG, P.C.
    De Mazieres Building
    322 Martinez Street
    San Antonio, Texas 78205
    Tel: 210/ 225-5454
    Fax: 210/ 225-5450
    E-mail: [email protected]
    12-50073-lmc Doc#207 Filed 04/16/12 Entered 04/16/12 17:33:18 Main Document Pg 3 of
    4
    4
    CERTIFICATE OF SERVICE
    I hereby certify that on April 16, 2012, I electronically filed the foregoing with the Clerk of the
    Court using the CM/ ECF system which will send a notice of electronic filing to all parties of record.
    By: /s/ Kevin P. Kelley
    Kevin P. Kelley, Esq. - IL Bar #6304839
    KEATON & ASSOCIATES, P.C.
    1278 W. Northwest Highway, Suite 903
    Palatine, Illinois 60067
    Tel: 847/934-6500
    Fax: 847/934-6508
    E-Mail: [email protected]
    12-50073-lmc Doc#207 Filed 04/16/12 Entered 04/16/12 17:33:18 Main Document Pg 4 of
    4
    12-50073-lmc Doc#207-1 Filed 04/16/12 Entered 04/16/12 17:33:18 Exhibit Special PACA
    Counsel Withdrawl Pg 1 of 2
    04/12/2012 03:23 2108222595
    STOKES LAW OFFICE LP
    LAW OFFICE, LLP
    9155 s. Blvd.
    Centre, Suite 1208
    Miami, Fl33155
    ATTORNEYS AT LAW
    VOice 305.447,5655
    rax 305.447,8855

    Via E-Mail [email protected]
    Via Facsimile (847) 934-6508
    Kevin P. Kelley, Esq.
    Keaton & Associates, P .C.
    April 12, 2012
    1278 WNorthwest Highway, Suite 903
    Palatine, IL 60067
    Re: In re Delta Produce, L..P.
    Objection to I. Kunik Inc.' PACA Proof of Claim.
    Dear Mr. Kelley:
    PAGE D2.iD'2
    3330 Oakwell Court
    Suite 2.25
    5.1in Antonio, Texas 78218
    voice 210.804.0011
    fax 210.822.2595
    www.stok.:!!Siawofl'lco.:.com
    We will withdraw our objection as to temperature recorders and pallets. We do not
    withdraw the objection to the claim for attorney's fees as Judge Clark's order calls for such
    claims to be brought later in the proceedings. This objection was made as to all claimants.
    If you need another copy of Judge Clark's order, please let me know and we will provide
    one.
    Very truly yours,
    12-50073-lmc Doc#207-1 Filed 04/16/12 Entered 04/16/12 17:33:18 Exhibit Special PACA
    Counsel Withdrawl Pg 2 of 2
    04/12/2012 03:23 2108222595
    STOKES LAW OFFICE LP
    PAGE i [1:?
    STOKES LAW OFFICE LLP
    9155 South Dadeland Boulevard
    Dadeland Suite 1208
    Miami, FL 33156-2737
    Telephone (305) 447-6655
    Facsimile (305) 447-8855
    Attorneys at Law
    3330 Oakweil Court
    Suite 225
    San Antonio) TX 78218
    Te]ephone (21 0) 804-0011
    Facsimile (210) 822-2595
    FACSIMILE TRANSMISSION
    FROM: Craig A. Stokes Date: April12, 2012
    RE: In re Delta Produce, L.P. Pages (Including Cover Sheet): :z..
    NAME FACSIMILE NUMBER TELEPHONE NUMBER
    MR. KEVIN KELLEY (847) 934-6508 (847) 934-6500
    MESSAGE:
    ORIGINAL: _Mailed _By Courier in File
    Note: If you do not receive the correct number of pages, please call (21 0) 804-0011 as soon as possible.
    This transmission is intended for the exclusive use of the individual or entity to which it is addressed. It may contain
    infonnation that is privileged, confidential and exempt from disclosure under appl.icable law. If the reader of the
    message is not the intended recipient. or the employee or agent responsible for deliverins the message to the intended
    recipient, you are hereby notified that any dissemination, distribution or copying ofthis communication is strictly pro-
    hibited and may result in legal sanctions.
    i

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