Asset Sale Pleadings

General Sale Information

On  July 19, 2010 counsel to Chapter 11 Trustee for Geo. W. Park Seed Co., Inc., Park Seed Wholesale, Inc., Jackson & Perkins Company, Inc., Jackson & Perkins Wholesale, Inc. and J&P Acquisition, Inc. filed the Trustee's Motion for and Memorandum in Support of Order (1) Authorizing the Sale of Assets of the Debtors Free and Clear of Liens, Claims, Encumbrances, and Other Interests Pursuant to 11 U.S.C.  §363; and (2) Authorizing the Assumption and Assignment of Certain Executory Contracts Pursuant to 11 U.S.C. §365.

On August 20, 2010 counsel to Chapter 11 Trustee for Geo. W. Park Seed Co., Inc., Park Seed Wholesale, Inc., Jackson & Perkins Company, Inc., Jackson & Perkins Wholesale, Inc. and J&P Acquisition, Inc. filed  the Amended Report as to Status of Sale and Exhibit to Report as to Status of Sale with the South Carolina Bankruptcy Court. 

On August 25, 2010 the United States Bankruptcy Court for the District of South Carolina entered an Order Granting Motion To Sell Assets of the Debtors Free and Clear of Liens and Authorizing the Assumption and Assignment or Rejection of Certain Executory Contracts at docket number 423

Important Dates and Deadlines

Court Document

Deadlines

Docket Number

Amended Order Establishing Bidding and Other Procedures in Connection with the Sale of Debtors' Assets and Granting Protections to the Proposed Buyer

  • August 18, 2010 Bid Deadline: Deadline to submit qualified bid to Trustee, Counsel to Trustee and Investment Banker

351

Order Establishing Bidding and Other Procedures in Connection with the Sale of Debtors' Assets and Granting Protections to the Proposed Buyer

  • Auction for the Sale of Debtors' Assets August 23, 2010 at 10:30 a.m. at United States Bankruptcy Court for the District of South Carolina, 1100 Laurel Street, Columbia, SC 29201

348

Order Establishing Bidding and Other Procedures in Connection with the Sale of Debtors' Assets and Granting Protections to the Proposed Buyer

  • Court Hearing for the Sale of Debtors' Assets August 23, 2010 at 10:30 a.m. at United States Bankruptcy Court for the District of South Carolina, 1100 Laurel Street, Columbia, SC 29201

348

Court Filed Asset Sale Pleadings

Asset Sale Pleading

Court Docket #

Link to Asset Sale Pleading

Notice and Application for Trustee's Motion for Order: (1) Authorizing the Sale of Assets of the Debtors Free and Clear of Liens, Claims, Encumbrances, and Other Interests Pursuant to 11 U.S.C. 363; and (2) Authorizing the Assumption and Assignment of Certain Executory Contracts Pursuant to 11 U.S.C. 365

309

Asset Sale Notice and Motion

Exhibit A: Asset Purchase Agreement to Notice and Application for Trustee's Motion for Order: (1) Authorizing the Sale of Assets of the Debtors Free and Clear of Liens, Claims, Encumbrances, and Other Interests Pursuant to 11 U.S.C. 363; and (2) Authorizing the Assumption and Assignment of Certain Executory Contracts Pursuant to 11 U.S.C. 365

310

Exhibit A to Asset Purchase Agreement to Asset Sale Notice and Motion

Exhibit B to Notice and Application for Trustee's Motion for Order: (1) Authorizing the Sale of Assets of the Debtors Free and Clear of Liens, Claims, Encumbrances, and Other Interests Pursuant to 11 U.S.C. 363; and (2) Authorizing the Assumption and Assignment of Certain Executory Contracts Pursuant to 11 U.S.C. 365

311

Exhibit B to Asset Sale Notice and Motion

[Proposed] Order to Notice and Application for Trustee's Motion for Order: (1) Authorizing the Sale of Assets of the Debtors Free and Clear of Liens, Claims, Encumbrances, and Other Interests Pursuant to 11 U.S.C. 363; and (2) Authorizing the Assumption and Assignment of Certain Executory Contracts Pursuant to 11 U.S.C. 365

312

[Proposed] Order to Asset Sale Notice and Motion

Motion for Order Establishing Bidding and Other Procedures in Connection with the Sale of Assets of the Debtors

313

Bid Procedures Motion

Motion for Emergency Hearing on Motion for Order Establishing Bidding and Other Procedures in Connection with the Sale of Assets of the Debtors

314

Emergency Hearing Motion

Order and Notice of Emergency Hearing on Motion for Order Establishing Bidding and Other Procedures in Connection with the Sale of Assets of the Debtors

315

Order Granting Emergency Hearing

Amended Order Establishing Bidding and Other Procedures in Connection with the Sale of Debtors' Assets and Granting Protections to the Proposed Buyer

351

Amended Bid Procedures Order

Report as to Status of Sale

404

Sale Report

Exhibit to Report as to Status of Sale

405

Sale Report Exhibit

Amended Report as to Status of Sale

407

Amended Sale Report

Order Granting Motion To Sell Assets of the Debtors Free and Clear of Liens and Authorizing the Assumption and Assignment or Rejection of Certain Executory Contracts

423

Asset Sale Order

Response(s) to Court Filed Asset Sale Pleadings

Court Filed Response

Docket #

Link to Response

CIT Communications Finance Company's Objection to Motion to Sell Assets

350

CIT Communications Finance Company Response

Objection of Infor Global Solutions (Michigan), Inc. to the Assumption and Assignment of a Software License Agreement with Infor in Connection with the Trustee's Motion to Sell Certain Assets

367

Infor Global Solutions (Michigan), Inc. Objection

Limited Objection and Reservation of Rights of Wells Fargo Bank, N.A. with Respect to Trustee's Motion for and Memorandum in Support of Order: (1) Authorizing the Sale of Assets of the Debtors Free and Clear of Liens, Claims, Encumbrances, and Other Interests Pursuant to 11 U.S.C. 363; and (2) Authorizing the Assumption and Assignment of Certain Executory Contracts Pursuant to 11 U.S.C. 365

370

Wells Fargo Bank, N.A. Limited Objection and Reservation of Rights

Limited Objection of San Joaquin Horticulture, LLC and Woolf Horticulture, LLC to the Trustee's Motion for the Memorandum in Support of Order: (1) Authorizing the Sale of Assets of the Debtor Free and Clear of Liens, Claims, Encumbrances, and Other Interests Pursuant to 11 U.S.C. 363; and (2) Authorizing the Assumption and Assignment of Certain Executory Contracts Pursuant to 11 U.S.C. 365

371

Limited Objection of San Joaquin Horticulture, LLC and Woolf Horticulture, LLC

Limited Objection and Reservation of Rights by The Conrad-Pyle Co. as to the Trustee's Motion for and Memorandum in Support of Order: (1) Authorizing the Sale of Assets of the Debtor Free and Clear of Liens, Claims, Encumbrances, and Other Interests Pursuant to 11 U.S.C. 363; and (2) Authorizing the Assumption and Assignment of Certain Executory Contracts Pursuant to 11 U.S.C. 365

397

Limited Objection and Reservation of Rights of the Conrad-Pyle Co.