2003-02-21 FAO Inc
NS-119-226645
UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
PROOF OF CLAIM
THIS SPACE IS FOR COURT USE ONLY
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Specific Debtor against which this claim is asserted:
!Case Number:
F AO, INC.
03-101 19-LK
Your claim is listed in the Dehtor's schedules as follows:
Name of Creditor (The person or other entity to whom the debtor owes money or property):
WAPPINGER ASSESSORS OFC
WAPPINGER ASSESSORS OFC
20 MIDDLEBUSH RD
W APPINGERS FALLS, NY 12590-4004
Check box if you are aware
that anyone else has filed a
proof of claim relating to
your claim. Attach copy of
statement giving particulars.
Name and address where notices should be sent:
110111..1110111 HI 11111 HI MIIM .11111111
Classification: Not Scheduled Amount:
Basis for Claim:
D Check box if you have
never received any notices
from the bankruptcy court in
this case.
If you agree with the amount and classification scheduled by the Debtor
and have no other claim against the Debtor. you do not need to file this
proof of claim. However. if the amount is shown as Disputed,
Unliquidated. Contingent or Unknown. a proof of claim must be filed.
If you have already filed a proof of claim with the Bankruptcy Court or
the Claims Agent, you do not need to file again.
If you believe you have a claim against any of the other related
Debtors, you must file a separate proof of claim in the appropriate
case( s).
Telephone Number:
D Check box if the address
ditTers from the address on
the envelope sent to you by
the court.
Carefully read the instructions included with this Proof of Claim before completing. In order to have your claim considered for payment and/or voting purposes, complete
ALL applicable questions. The original of this Proof of Claim must be sent to: F AO, Inc., c/o Robert L. Berger and Associates, LLC 10351 Santa Monica Blvd., Su~
101 A, PMB 1038, Los Angeles, CA 90025. This Proof of Claim must be received by the Claims Agent no later than March 3] st, 2003 at 4:00 p.m. (ET). No e1ectroniD
submissions or facsimiles will be accepted. .._ _ _ _ \) .~ _
Account or other number by which creditor iden~t,~\'J~ .._ ~~~: ~:~- B ~:~:s A previously filed c1aim~~::~:_~ '~~
BB;;~;~:: -- -~~~~~l~~-::cl"~ B ~::2=~':~:~::::r~~;~~) ~ ~ ~m.'
D Money loaned \'" ~ .J
D Personal injury/wrongful death ,0 Unpaid compensation for services performed ~ "Q
D~ "
D Other from to _
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2. Date debt was incurred:
3. If court judgment, date obtained:
4. Total Amount of Claim: $
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If all or part of your claim is secured or entitled to priority, also complete Item 5 or 6 below.
[] _Qle<:,k this box if claim inclu<i,es in.!CEest or otht:!. cha.l'ges in a_dllition -'() the J>tincipalal11ount()t'the claim. ~!tll.c_h.itemized s!.atemell,-ofaB interestor additi()l1a.Lcl111rges.
5. Secured Claim. I 6. Unsecured Priority Claim.
D Check this box if your claim is secured by collateral (including D Check this box if you have an unsecured priority claim.
a right of setoft). Amount entitled to priority: $
SjJecify the priUliiy of the claim:
D Wages, salaries, or commissions (up to $4,650), earned within 90 days before
filing ofthe bankrupcty petition or cessation ofthe debtor's business, whichever is
earlier - I I U.S.e. ~ 507(aX3).
D Contributions to an employee benefit plan - I I U.s.e. ~ 507(aX4).
D Up to $2, I 00 of deposits toward purchase, lease, or rental of property or
services for personal, family, or household use - I I U.s.e. ~ 507(a)(6).
D Alimony, maintenance, or support owed to a spouse, fonner spouse, or
child - I I U.S.e. ~ 507(a)(7).
_ ______ 0 Taxes or penalties owed to governmental units - 11 U.S.e. ~ 507(a)(8).
_ ___________________ _____ _ ___ _~___ D Other-Speciryapplicableparagraphofll U.S.e. ~ 507(aL_ . ._____
7. Credits: The amount of all payments on this claim has been credited anddeductedi~r---- - -- -- - - ---fHISSPACE IS FOR COURT USE ONLY
the purpose of making this proof of claim.
8. Supporting Documents: Attach copies of supporting documents such as promissory notes, purchase orders,
invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements,
and evidence of perfection of lien. 00 NOT SEND ORIGINAL DOCUMENTS. If the documents are not
available, explain. If the documents are voluminous, attach a summary. Failure to provide appropriate
documentation may result in your claim being subject to objection.
! 9. Acknowled~ent of Claim: You will receive written notification of receipt of your Proof of Claim
Ibatean<l the..n!lml;:~::::dt;~~tth-~name ~dtitle, ifany,-~fthe credi~;~other-p~~~ authoriz~ to file this claim
I (attach power of attorney, if any).
_ ____L.
I Penatty forpt'esen,!ngf"'_audulenr_clal""-l'in-"ofupto~500-,-OOll.or impriso"lll",'tf()r. up to~)'e.:'rs,or both._18_U .S.C. ~~ lS~,,-nll~S71.
Brief descripuon of coilateral:
D Real Estate
D Other
D Motor Vehicle
Value of collateral:
$
Amount of arrearage and other charges included in
Secured claim, if any: $
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INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law_ In particular types of cases or circumstances, such as bankruptcy cases
that are not filed voluntari(v by a debtor. there may be exceptions to these general rules.
Debtor
The person, corporation, or other entity that
has filed a bankruptcy case is called the
debtor.
Creditor
A creditor is any person, corporation, or
other entity to whom the debtor owed a debt
to the date that the bankruptcy case was
filed.
Proof of Claim
A form telling the bankruptcy court how
much the debtor owed a creditor at the time
the bankruptcy case was filed (the amount of
the creditor's claim). This form must be filed
with the clerk of the bankruptcy court where
the bankruptcy case was filed.
--- DEFINITIONS ---
Secured Claim
A claim is a secured claim to the extent that
the creditor has a lien on property of the debtor
(collateral) that gives the creditor the right to be
paid from that property before creditors who do
not have liens on the property.
Examples of liens are a mortgage on real
estate and a security interest in a car, truck,
boat, television set, or other items or property.
A lien may have been obtained through a court
proceeding before the bankruptcy case began;
in some states a court judgment is a lien. In
addition, to the extent a creditor also owes
money to the debtor (has a right of setoff), the
creditor's claim may be a secured claim (See
also Unsecured Claim.)
Unsecured Claim
If a claim is not secured claim it is an
unsecured claim. A claim may be partly
secured and partly unsecured if the property
on which a creditor has a lien is not worth
enough to pay the creditor in full.
Unsecured Priority Claim
Certain types of unsecured claims are given
priority, so they are to be paid in bankruptcy
cases before most other unsecured claims (if
there is sufficient money or property available
to pay these claims). The most common
types of priority claims are listed on the proof
of claim form. Unsecured claims that are not
specifically given priority status by the
bankruptcy laws are classified as Unsecured
Nonpriority Claims.
Items to be completed in Proof of Claim form (if not already filled in)
Court, Name of Debtor, and Case Number:
Fill in the name of the federal judicial district where the bankruptcy
case was filed (for example, District of Delaware), the name of the
debtor in the bankruptcy case, and the bankruptcy case number. If
you received a notice of the case from the court, all of this
information is near the top of the notice.
Information about Creditor:
Complete the section giving the name, address, and telephone
number of the creditor to whom the debtor owes money or
property, and the debtor's account number, if any. If anyone else
has already filed a proof of claim relating to this debt, if you never
received notices from the bankruptcy court about this case, if your
address differs from that to which the court sent notice, or if this
proof of claim replaces or changes a proof of claim that was
already filed, check the appropriate box on the form.
1. Basis for Calm:
Check the type of debt for which the proof of claim is being filed. If
the type of debt is not listed, check "Other" and briefly describe
the type of debt. If you were an employee of the debtor, fill in your
social security number and the dates of work for which you were
not paid.
2. Date Debt Incurred:
Fill il'1 the date when the debt was first owed by the debtor.
3. Court Judgments:
If you have a court judgment for this debt, state the date the court
entered the judgment.
4. Total Amount of Claim at Time Case Filed:
Fill in the total amount of the entire claim. If interest or other
charges in addition to the principal amount of the claim are
included, check the appropriate place on the form and attach an
itemization of the interest and charges.
S. Secured Claim:
Check the appropriate place if the claim is a secured claim. You
must state the type and value of property that is collateral for the
claim, attach copies of the documentation of your lien, and state the
amount past due on the claim as of the date the bankruptcy case
was filed. A claim may be partly secured and partly unsecured.
(See DEFINITIONS, above).
6. Unsecured Priority Claim:
Check the appropriate place if you have an unsecured priority
claim, and state the amount entitled to priority. (See
DEFINITIONS, above). A claim may be partly priority and partly
non priority if, for example, the claim is more than the amount given
priority by the law. Check the appropriate place to specify the type
of priority claim.
7. Credits:
By signing the proof of claim, you are stating under oath mat in
calculatiing the amount of your claim you have given the debtor
credit for all payments received from the debtor.
8. Supporting Documents:
You must attach to this proof of claim fonn copies of documents
that show the debtor owes the debt claimed or, if the documents
are too lengthy, a summary of those documents. If documents are
not available, you must attach an explanation of why they are not
available.
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I
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re:
Chapter 11
Debtors.
)
)
)
)
)
Case No. 03-10119 (LK)
FAO, INC., et al./
Jointly Administered
NOTICE OF BAR DATE FOR
CREDITORS TO FILE PROOFS OF CLAIM
BAR DATE: March 31. 2003. at 4:00 p.m. Eastern Time
TO: ALL PERSONS OR ENTITIES WHO MIGHT WISH TO ASSERT
CLAIMS AGAINST FAO, INC., FAO SCHWARZ, INC., ZB COMPANY,
INC., TARGOFF-RS, LLC AND/OR THE RIGHT START, INC.,
DEBTORS AND DEBTORS IN POSSESSION
On February 14,2003, the United States Bankruptcy Court for the District
of Delaware (the "Court") entered an order in the above-captioned chapter 11 cases (the
"Bar Date Order") establishing a deadline for creditors to file proofs of claim in the
chapter 11 cases of the above-captioned debtors and debtors in possession: FAD, Inc.,
FAD Schwarz, Inc., ZB Company, Inc., Targoff-RS, LLC and The Right Start, Inc.
(collectively, the "Debtors"). By the Bar Date Order, the Court authorized the Debtors to
fix March 31,2003 as the general claims bar date (the "Bar Date"). Except as described
below, the Bar Date Order requires all Persons or Entities, that have or assert any
prepetition Claims against the Debtors to file proofs of claim with Robert L. Berger &
Associates LLC, the claims and noticing agent in these cases ("Berger"), at the address
noted below, so that their proofs of claim are received by Berger on or before 4:00 p.m.,
Eastern Time, on the Bar Date. Please note that the terms "Schedules," "Entity,"
"Person," and "Claim" are defined below.
For your convenience, enclosed with this Notice is a proof of claim form
(Exhibit B). You may use it or your own form as long as your form conforms
substantially to Form No. 10 ofthe Official Bankruptcy Forms.
KEY DEFINITIONS
As used in this Notice, the term "Schedules" refers collectively to the
Debtors' schedules of assets and liabilities and statements of financial affairs filed in
these cases on or about February 10, 2003.
I The Debtors are the following five entities: FAO, Inc., FAO Schwarz, Inc., ZB Company, Inc.,
Targoff-RS, LLC and The Right Start, Inc.
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As used in this Notice, the term "Entity" has the meaning given to it in
section 101(15) oftitle 11 of the United States Code, 11 U.S.C. ~~ 101-1330 (the
"Bankruptcy Code"), and includes all persons, estates, and trusts (but not Governmental
units ).
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As used in this Notice, the term "Person" has the meaning given to it in
section 101(41) of the Bankruptcy Code and includes individuals, partnerships, and
corporations, but not governmental units unless such governmental units (a) have
acquired assets from a person because of the operation of a loan guarantee agreement or
act in the capacity of receiver or liquidating agent of a person; (b) act as guarantor of
pension benefits payable by or on behalf of the debtors or affiliates of the debtors; or (c)
are the legal or beneficial owners of an asset of either (i) a governmental employee
pension benefit plan or (ii) an eligible deferred compensation plan.
As used in this Notice, the term "Claim" shall mean, as to or against any
of the Debtors and in accordance with section 101(5) of the Bankruptcy Code: (a) any
right to payment, whether or not such right is reduced to judgment, liquidated,
unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal,
equitable, secured or unsecured; or (b) any right to an equitable remedy for breach of
performance if such breach gives rise to a right to payment, whether or not such right to
an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured,
disputed, undisputed, secured or unsecured.
WHO MUST FILE A PROOF OF CLAIM AND THE APPLICABLE BAR DATES
The Bar Dates
The Bar Date Order establishes the following bar dates for filing proofs of
claim in these cases (collectively, the "Bar Dates"):
The Bar Date. Pursuant to the Bar Date Order, all Persons or Entities
holding Claims against the Debtors (whether secured, unsecured
priority or unsecured nonpriority) that arose prior to January 13,
2003, are required to file proofs of claim by the Bar Date.
The Rejection Damages Bar Date. Any Person or Entity whose Claims
arise out of the Court-approved rejection of an executory contract
or unexpired lease, in accordance with section 365 ofthe
Bankruptcy Code and pursuant to an order entered prior to the
confirmation of a plan of reorganization in the Debtors' chapter 11
cases, must file a proof of claim on or before: (i) the date set forth
in the Court order, or (ii) 30 days after the date of the order
authorizing the Debtors' rejection of the applicable contract or
lease. The later of this date is referred to in this Notice as the
"Rejection Damages Bar Date."
The Amended Schedules Bar Date. If, subsequent to the mailing and
publication of this Notice, the Debtors amend their Schedules to
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reduce the undisputed, noncontingent and liquidated amount or to
change the nature or classification of a Claim against a Debtor
reflected therein, the affected claimant is required to file a proof of
claim or amend any previously filed proof of claim in respect of
the amended scheduled claim on or before the later of: (i) the Bar
Date and (ii) 20 days after the date that notice ofthe applicable
amendment to the Schedules is served on the claimant. The later
of these dates is referred to in this Notice as the "Amended
Schedules Bar Date."
Persons or Entities That Must File Proofs of Claims bv the Bar Date
Subject to terms described above for holders of Claims subject to the
Rejection Damages Bar Date and the Amended Schedules Bar Date, the following
Entities must file proofs of claim on or before the Bar Date:
any Person or Entity whose prepetition Claim against the Debtors is not listed in the
applicable Debtor's Schedules, or is listed as "disputed," "contingent" or "unliquidated"
therein, and that desires to participate in any of these chapter 11 cases or share in any
distribution in any of these chapter 11 cases; and
any Person or Entity that believes its prepetition Claim is improperly classified in the
Schedules or is listed in an incorrect amount and that desires to have its Claim allowed in
a classification or amount other than that identified in the Schedules.
Persons or Entities Not Required to File Proofs of Claim bv the Bar Date
The Bar Date Order further provides that the following Persons or Entities
need not file proofs of claim by the Bar Date:
any Person or Entity that already has properly filed a proof of claim against one or
more of the Debtors in accordance with the procedures described in this Notice;
any Person or Entity (i) whose Claim against a Debtor is not listed as "disputed,"
"contingent" or "unliquidated" in the Schedules and (ii) that agrees with the nature,
classification and amount of its Claim as identified in the Schedules;
any Person or Entity whose Claim against a Debtor previously has been allowed by,
or paid pursuant to, an order of the Court; or
any Person or Entity whose claim is allowed under 11 D.S.C. ~ 507(a)(I) as an
administrative expense of the Debtors' chapter 11 cases.
No Requirement to File Proofs of Interest
The Bar Date Order does not establish a Bar Date for parties holding
equity security interests in the Debtors to file a "Proof of Interest" pursuant to Federal
Rules of Bankruptcy Procedure 2002(d) or 3003(c)(2). Accordingly, if your only
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connection with the Debtors is that you hold stock in any of the Debtors, then you need
not file a Proof of Interest at this time; provided, however, that interest holders who wish
to assert Claims against any of the Debtors that arise out of or relate to the ownership or
purchase of an interest, including Claims arising out of or relating to the sale, issuance, or
distribution of the interest, must file proofs of claim on or before the Bar Date, unless
another exception identified in this Notice applies. The Debtors have reserved the right
to establish at a later date a bar date requiring interest holders to file Proofs of Interest. If
such a bar date is established, interest holders will be notified ofthe interest bar date at
the appropriate time.
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FILING PROOFS OF CLAIM AGAINST MULTIPLE
DEBTORS: REQUIREMENT TO IDENTIFY DEBTOR
Any Person or Entity asserting Claims against more than one Debtor must
file a separate proof of claim with respect to each such Debtor. In addition, any Person or
Entity filing a proof of claim must identify on its proof of claim form the particular
Debtor against which its Claim is asserted.
CONSEQUENCES OF FAILURE TO FILE PROOF OF CLAIM
Any Person or Entity that is required to file a proof of claim, but that fails
to do so by the applicable Bar Date described in this Notice, shall be forever barred,
estopped and enjoined from the following:
( a) asserting any Claim against the Debtors that the Entity has that (i)
is in an amount that exceeds the amount, if any, that is identified in
the Schedules on behalf of such Entity as undisputed,
noncontingent and liquidated or (ii) is of a different nature or a
different classification than any Claim identified in the Schedules
on behalf of such Entity (any such Claim being referred to in this
Notice as an "Unscheduled Claim"); or
voting upon, or receiving distributions under, any plan or plans of reorganization in
these chapter 11 cases in respect of an Unscheduled Claim.
If it is unclear from the Schedules whether your Claim is disputed, contingent or
unliquidated as to amount or is otherwise properly listed and classified, you must
file a proof of claim on or before the applicable Bar Date. Any Entity that relies on
the information in the Schedules bears responsibility for determining that its Claim is
accurately listed therein.
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RESERVATION OF RIGHTS
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The Debtors reserve the right to (a) dispute, or to assert offsets or defenses
against, any filed Claim or any Claim listed or reflected in the Schedules as to nature,
amount, liability, classification or otherwise; and (b) subsequently designate any Claim as
disputed, contingent or unliquidated. Nothing contained in this Notice shall preclude the
Debtors from objecting to any Claim, whether scheduled or filed, on any grounds.
PROCEDURE FOR FILING PROOFS OF CLAIM
A signed original of a completed proof of claim, together with any
accompanying or supporting documentation, must be delivered to Robert L. Berger &
Associates, LLC, 10351 Santa Monica Blvd., Suite lOlA, Los Angeles, California,
90025, PMB 1038, so as to be received no later than 4:00 p.m., Eastern Time, on the
applicable Bar Date. Proofs of claim may be submitted in person or by courier service,
hand delivery, or mail at the foregoing address. Any proof of claim submitted by
facsimile or e-mail will not be accepted and will not be deemed filed until the proof of
claim is submitted by one of the methods described in theforegoing sentence. Proofs
of claim will be deemed filed onlv when actuallv received by Berger. A proof of claim
will be deemed timely filed only if the proof of claim (i) is signed, (ii) identifies the
entity against which it is asserted, and (iii) is actually received by Berger on or before
4:00 p.m., Eastern Time, on the Bar Date. If you wish to receive acknowledgement of
Berger receipt of your proof of claim, you must also submit by the applicable Bar Date
and concurrently with submitting your original proof of claim (a) a copy of your original
proof of claim and (b) a self-addressed, stamped return envelope.
Proofs of claim must include all documentation required by Bankruptcy
Rules 300l(c) and 300l(d), including an original or a copy of any written document that
forms the basis of the Claim or, for secured Claims, evidence that the alleged security
interest has been perfected.
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A claimant should consult his, her, or its own attorney regarding any other
inquiries, such as whether the claimant should file a proof of claim.
Dated: February 14,2003
Wilmington, Delaware
Mark D. Collins (No. 2981)
Rebecca L. Booth (No. 4031)
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
P.O. Box 551
Wilmington, Delaware 19899
- and -
David W. Levene
Anne E. Wells
LEVENE, NEALE, BENDER, RANKIN & BRILL
1801 Avenue of the Stars
Suite 1120
Los Angeles, California 90067-5805
ATTORNEYS FOR DEBTORS
AND DEBTORS IN POSSESSION
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BY ORDER OF THE COURT:
The Honorable Lloyd King
United States Bankruptcy Judge