IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION INRE: DELTA PRODUCE, L.P. DEBTORS
MOTION OF DELTA PRODUCE, L.P. FOR AUTHORIZATION TO SELL PERSONAL PROPERTY AT MINIMUM PRICES FREE AND CLEAR OF ALL LIENS. CLAIMS AND ENCUMBRANCES
NOW COMES, Delta Produce, L.P., Debtor in the above styled and numbered Chapter 11 bankruptcy case, and files this its Motion For Authorization to Sell Personal Property at Minimum Prices Free and Clear of All Liens, Claims and Encumbrances, and in support thereof would respectfully show the Court the following:
1. On January 3, 2012 (the "Petition Date"), the Debtors (with the exception ofStaci Properties, Ltd which filed its Chapter 11 case on January 9, 2012) filed voluntary petitions for relief under Chapter 11 oftitle 11 ofthe United States Code, 11 U.S.C. 101-1532 (as amended, the "Bankruptcy Code") Related cases filed by Superior Tomato-Avocado, Ltd., Case No. 12-50074, Staci Properties, Ltd., Case No.12-50110,andAtled,Ltd., CaseNo.12-50075 have also beenfiledandare beingjointlyadministered under the bankruptcy case of Delta Produce, L.P ..
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2. The property proposed to be sold is described as unencumbered vehicles; a list of the vehicles is attached hereto as Exhibit "A".
3. The Debtor proposes to sell the personal property listed on Exhibit "A" for the minimum cash sales prices set forth on Exhibit "A".
4. The Debtor believes that the proposed sales prices approximate the personal property's market value in the context of such a sale, and are reasonable values based upon the assets proposed to be sold and their marketability.
5. The personal property is free and clear of liens and claims with the exception of personal property tax claims owing to Bexar County. The Debtor proposes to pay a proportionate share of the tax liability to Bexar County from the sale of each item as it is sold.
6. The Debtor believes that the proposed sale of the personal property is in the best interest of the Debtor and its creditors. The sale of the items on Exhibit "A" will eliminate the accrual of additional ad valorem taxes during the bankruptcy case, as well as allow the Debtor to cancel the insurance coverage.
7. The Debtor is requesting that the sales be free and clear of all liens, claims and encumbrances pursuant to 363 of the U.S. Bankruptcy Code. The liens of secured creditors will automatically attach to the net sales proceeds based upon their pre-petition priority.
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8. The proceeds from all sales are to be placed into the trust account of its counsel - Langley & Banack, Inc., pending further Order from this Court.
WHEREFORE, PREMISES CONSIDERED, Debtor requests that the Court authorize it to sell free and clear of all liens, claims and encumbrances pursuant to 363 of the U.S. Bankruptcy Code the various vehicles scheduled on Exhibit "A" for the minimum cash sales prices set forth on Exhibit "A" pursuant to the terms set forth above, and for such other and further relief to which the Debtor may show itself entitled.
Date: February
l 't2012.
Respectfully submitted,
WILLIAM R. AVI , JR. State Bar No. 6 00 LANGLEY & BANACK, INC. 745 E. Mulberry, Suite 900 San Antonio, TX 78212 (210) 736-6600 Attorneys for Delta Produce, L.P.
CERTIFICATE OF SERVICE I hereby certifY that on February\ 'i, 201~ true and correct copy of the above and foregoing instrument was mailed, first class, postage prepaid to the attached notice list.
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Kingdom Fresh Produce, Inc. 2243 North Goolie Rd., #A Donna, TX 78537
Mission Produce, Inc. 2500 Vinyard Ave., Suite 300 Oxnard, CA 93036
United States Trustee 615 E. Houston St., #533 San Antonio, TX 78205
Averitt Brokerage Co., Inc. 9999 Perrin Beitel, Suite B San Antonio, TX 78217
Fresh Farm Direct, LLC 106 Adams St., Suite 2A Monte Vista, CO 81144
Touchstone & Associates 1500 S. Zarzamora St., #205 San Antonio, TX 78207
Willson Davis Co. 1500 S. Zarzamora St., #103 San Antonio, TX 78207
Craig A. Stokes Stokes Law Offices, LLP 3330 Oakwell Court, Suite 225 San Antonio, TX 78218-3066 Zachary B. Aoki Thurman & Phillips, P.C. 8000 IH-10 West, Suite 1000 San Antonio, Texas 78230
Robert E. Goldman, Esq. 1 East Broward Blvd., Ste. 700 Fort Lauderdale, FL 33301
Michael Colvard Martin & Drought Suite 300 Convent Street, 25 1h Floor San Antonio, TX 78205
National LS, Inc. C/0 Zach Dworaczyk P.O. Box 840352 Houston, TX 77284
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BT 103 T33 T21 T23 2005 2006 2000 2001 1991 1991 2009 FORD CHEVROLET FREIGHTLINER UTILITY GREAT DANE GREAT DANE GMCYukon 1 FTNS24W05HA03886 2GCEK13T7611 00329 1 FV6HJAA2YHG91701 1 UYVS24851 U649901 1 GRAA002XMS056529 1 GRAA0027MS056505 1 GKFK06239 R158133 E250 CARGO VAN (FRANK B)ISILVERADO P/U -Z71 REEFER BOBTAIL 48' REEFER W78947 STORAGE X21233 STORAGE SCOTT JENSEN -109416 127254 224765 \ $4,00G $10,000 7-8000.00 5-7000.00 $1,500 $1,500
J $21,oti0
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