The proposed Bar Date Order provides that each person or entity (including, without limitation, each individual, partnership, joint venture, limited liability company, corporation, estate, trust, or governmental unit) asserting a claim against the Debtor or an Owner of Unit Week interest in the Condominium is required to file a proof of claim form (as described below, the “Claim Form”) or a proof of Owner of Unit Week interest form (as described below, the “Owner of Unit Week Interest Form”), as applicable, in the Bankruptcy Case unless it listed as a party below that is not required to file a Claim Form or Owner of Unit Week Interest Form. Thus, any entity whose claim against the Debtor is not listed in the Debtor’s Schedules and Statements or is listed as “contingent,” “unliquidated,” or “disputed” and if such entity desires to participate in the Bankruptcy Case or share in any distribution in the Bankruptcy Case, or any entity that believes that its claim is improperly classified in the Schedules or is listed in an incorrect amount and who desires to have its claim allowed in a different classification or amount other than that identified in the Schedules must timely file a Claim Form.
Additionally, the proposed Bar Date Order provides that any person or entity who is a tenant in common Owner of Unit Week interest(s) in the Condominium that is/are not listed in the roster which is attached to the Notice of List of Owners of Unit Weeks attached to the Proof of Owner of Unit Week Interest Bar Date Notice (defined below), which is annexed as Exhibit A to the Bar Date Order and attached hereto and incorporated herein by reference, or is/are listed and disagrees with the ownership percentage interest(s) included in Exhibit A annexed to the Bar Date Order, must file an Owner of Unit Week Interest Form by the General Bar Date.
Also, the proposed Bar Date Order provides that if you are a person or entity that has a tenant in common Owner of Unit Week interest in the Condominium, and you have a claim against the Debtor that is not listed in the Debtor’s Schedules or if scheduled, you disagree with the amount or the classification of such claim, you must timely file a Claim Form (not the Owner of Unit Week Claim Form if you wish to assert a claim against the Debtor.
The Debtor proposes that the following persons or entities holding or wishing to assert the following types of claims against the Debtor or Owner of Unit Week interests in the Condominium need not file a Claim Form or Owner of Unit Week Interest Form:
(a) any person or entity that already has filed a signed proof of claim against the Debtor with the Clerk of the Court in a form substantially similar to Official Form;
(b) any person or entity whose tenant in common Owner of UnitWeek interest(s) in the Condominium is/are listed on the Notice of List of Owners of Unit Weeks included in the Proof of Owner of Unit Week Interest Bar Date Notice (defined below) annexed as Exhibit A to the Bar Date Order, and incorporated by reference herein, and such person or entity does not disagree with the ownership percentage interest(s) listed on such Exhibit;
(c) any person or entity whose claim or interest is listed on the Debtor’s Schedules and Statements, but only if: (i) such claim or interest is not scheduled as “contingent”, “unliquidated” or “disputed”; (ii) the holder of the claim or interest agrees with the amount, nature and priority of the claim or interest as set forth on the Debtor’s Schedules and Statements; and (iii) the holder of the claim or interest does not dispute that the claim or interest is an obligation of the Debtor as set forth in the Schedules and Statements;
(d) a holder of a claim or interest that has been paid in full by the Debtor or any other party;
(e) any entity whose claim previously has been allowed by order of the Court;
(f) a holder of a claim for which a specific deadline to file a claim previously has been fixed by the Court; or
(g) a current employee of the Debtor, if an order of this Court authorized the Debtor to honor such claim in the ordinary course of business as a wage, commission, or benefit; provided, however that a current or former employee must submit a Claim Form by the General Bar Date for all other claims, including claims for deferred compensation, wrongful termination, discrimination, harassment, hostile work environment, retaliation, claims covered by the Debtor’s workers’ compensation insurance, or any other litigation or pre-litigation claim;
(h) administrative expense claims for post-petition fees and expenses incurred by any professional allowable under sections 330, 331, and 503(b) of the Bankruptcy Code; or
(i) claims asserting administrative priority and arising in the ordinary course of business (but not, for the avoidance of doubt, claims asserting priority pursuant to section 503(b)(9) of the Bankruptcy Code).