Official Form 410 Proof of Claim

Transcription

1 Claim #957 Date Filed: 7/12/2017 Fill in this information to identify the case: Westinghouse Electric Company LLC Debtor Bankruptcy Court for the: Southern District of New York (State) Case number Official Form 410 Proof of Claim 04/16 Read the instructions before filling out this form. This form is for making a claim for payment in a bankruptcy case. Do not use this form to make a request for payment of an administrative expense. Make such a request according to 11 U.S.C Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents. Attach redacted copies or any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements. Do not send original documents; they may be destroyed after scanning. If the documents are not available, explain in an attachment. A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. 152, 157, and Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received. Part 1: Identify the Claim 1. Who is the current creditor? 2/90 SIGN SYSTEMS Name of the current creditor (the person or entity to be paid for this claim) Other names the creditor used with the debtor JLL Americas 2. Has this claim been acquired from someone else? 3. Where should notices and payments to the creditor be sent? Where should notices to the creditor be sent? Federal Rule of Bankruptcy Procedure (FRBP) 2002(g) Yes. From whom? 2/90 SIGN SYSTEMS Accounts Receivable Name PO BOX GRAND RAPIDS, MI Number Name Street City State Number ZIP Code Contact phone Contact Where should payments to the creditor be sent? (if different) Street City State ZIP Code Contact phone emilygafford@290signs.com Contact Uniform claim identifier for electronic payments in chapter 13 (if you use one): 4. Does this claim amend one already filed? Yes. Claim number on court claims registry (if known) Filed on MM 5. Do you know if anyone else has filed a proof of claim for this claim? Official Form 410 / DD / YYYY Yes. Who made the earlier filing? Proof of Claim 1 g's1&>*4q#vqx« page 1

2 Part 2: Give Information About the Claim as of the Date the Case Was Filed 6. Do you have any number you use to identify the debtor? Yes. Last 4 digits of the debtor s account or any number you use to identify the debtor: How much is the claim? $ Does this amount include interest or other charges? Yes. Attach statement itemizing interest, fees, expenses, or other charges required by Bankruptcy Rule 3001(c)(2)(A). 8. What is the basis of the claim? Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card. Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c). Limit disclosing information that is entitled to privacy, such as health care information. Goods sold 9. Is all or part of the claim secured? Yes. The claim is secured by a lien on property. Nature or property: Real estate: If the claim is secured by the debtor s principle residence, file a Mortgage Proof of Claim Attachment (Official Form 410-A) with this Proof of Claim. Motor vehicle Other. Describe: Basis for perfection: Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example, a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or recorded.) Value of property: $ Amount of the claim that is secured: $ Amount of the claim that is unsecured: $ (The sum of the secured and unsecured amount should match the amount in line 7.) Amount necessary to cure any default as of the date of the petition: $ Annual Interest Rate (when case was filed) % Fixed Variable 10. Is this claim based on a lease? Yes. Amount necessary to cure any default as of the date of the petition. $ 11. Is this claim subject to a right of setoff? Yes. Identify the property: Official Form 410 Proof of Claim page 2

3 12. Is all or part of the claim entitled to priority under 11 U.S.C. 507(a)? Yes. Check all that apply: Amount entitled to priority A claim may be partly priority and partly nonpriority. For example, in some categories, the law limits the amount entitled to priority. Domestic support obligations (including alimony and child support) under 11 U.S.C. 507(a)(1)(A) or (a)(1)(b). Up to $2,850* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use. 11 U.S.C. 507(a)(7). Wages, salaries, or commissions (up to $12,850*) earned within 180 days before the bankruptcy petition is filed or the debtor s business ends, whichever is earlier. 11 U.S.C. 507(a)(4). $ $ $ Taxes or penalties owed to governmental units. 11 U.S.C. 507(a)(8). $ Contributions to an employee benefit plan. 11 U.S.C. 507(a)(5). $ Other. Specify subsection of 11 U.S.C. 507(a)( ) that applies. $ 13. Is all or part of the claim pursuant to 11 U.S.C. 503(b)(9)? * Amounts are subject to adjustment on 4/01/19 and every 3 years after that for cases begun on or after the date of adjustment. Yes. Indicate the amount of your claim arising from the value of any goods received by the debtor within 20 days before the date of commencement of the above case, in which the goods have been sold to the Debtor in the ordinary course of such Debtor s business. Attach documentation supporting such claim. $ Part 3: Sign Below The person completing this proof of claim must sign and date it. FRBP 9011(b). If you file this claim electronically, FRBP 5005(a)(2) authorizes courts to establish local rules specifying what a signature is. A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. 152, 157, and Check the appropriate box: I am the creditor. I am the creditor s attorney or authorized agent. I am the trustee, or the debtor, or their authorized agent. Bankruptcy Rule I am a guarantor, surety, endorser, or other codebtor. Bankruptcy Rule I understand that an authorized signature on this Proof of Claim serves as an acknowledgement that when calculating the amount of the claim, the creditor gave the debtor credit for any payments received toward the debt. I have examined the information in this Proof of Claim and have reasonable belief that the information is true and correct. I declare under penalty of perjury that the foregoing is true and correct. Executed on date 07/12/2017 MM / DD / YYYY /s/emily Gafford Signature Print the name of the person who is completing and signing this claim: Name Emily Gafford First name Middle name Last name Title Company Accounts Receivable Coordinator 2/90 Sign Systems Identify the corporate servicer as the company if the authorized agent is a servicer. Address Number Street City State ZIP Code Contact phone Official Form 410 Proof of Claim page 3

4 Debtor: Westinghouse Electric Company LLC District: Southern District of New York, New York Division Creditor: 2/90 SIGN SYSTEMS Accounts Receivable PO BOX GRAND RAPIDS, MI, Phone: Phone 2: Fax: emilygafford@290signs.com Other Names Used with Debtor: JLL Americas Basis of Claim: Goods sold Total Amount of Claim: Has Priority Claim: Has Secured Claim: Amount of 503(b)(9): Based on Lease: Subject to Right of Setoff: Submitted By: Emily Gafford on 12-Jul :49:55 a.m. Pacific Time Title: Accounts Receivable Coordinator Company: 2/90 Sign Systems Has Supporting Documentation: Yes, supporting documentation successfully uploaded Related Document Statement: Has Related Claim: Related Claim Filed By: Filing Party: Authorized agent Amends Claim: Acquired Claim: Last 4 Digits: Uniform Claim Identifier: Yes Includes Interest or Charges: Priority Under: Nature of Secured Amount: Value of Property: Annual Interest Rate: Arrearage Amount: Basis for Perfection: Amount Unsecured:

5 P.O. Box Grand Rapids, MI P: (800) F: (616) W: Invoice Customer Invoice Date 02/08/2017 Bill to : JLL Americas Inc. Sold to : Westinghouse Electric Company Phone (412) Fax (412) Project: Westinghouse-Chattanooga TN Customer PO Number Sales Order # Order Date Terms FOB Ship Via Salesperson /04/2016 NET 30 Origin UPS 976 Item Part / Rev / Description / Details Quantity List Price Discount Net Price Extended Price S-Sign Rev 00 U/M EA SIGN TYPE A % Sided Sign THIN SATIN NATURAL 5 X 7. SL 101 A * * * * * * * * * * * ANTIQUE WHITE * * * 5. X 7. N 714 PP 703 SP SP L COOL GRAY BRAILLE * * * * SIGN TYPE A2 ONE LINE, ALL CAPS. SP=HELVETICA 57 CONDENSED, 3/4"H, +17 SPACING Packing List /Item : Sales Order : Customer PO : / SHIPPING Rev NS SHIP NO: Shipping/Freight Charge, Ref Shipper Shipped on 02/01/2017 Per notes on account, PO # on invoice must reflect customers WO #. Changed PO # from to WO # SHIPPED TO ADDRESS: Westinghouse Electric Co ATTN: Ron Cooper 410 River Terminal Road % % Total Item Price Shipping Sales Tax Total Inv Price $ Original Invoice Page 1

6 P.O. Box Grand Rapids, MI P: (800) F: (616) W: Invoice Customer Invoice Date 02/08/2017 Bill to : JLL Americas Inc. Sold to : Westinghouse Electric Company Project: Westinghouse-Chattanooga TN Customer PO Number Sales Order # Order Date Terms FOB Ship Via Salesperson /04/2016 NET 30 Origin UPS 976 Item Part / Rev / Description / Details Quantity List Price Discount Net Price Extended Price Chatanooga TN We hereby certify that these goods were produced in compliance with all applicable requirements of sections 6, 7 and 12 of the fair labor standards asct, as amended and of regulations and orders of the Department of Labor, issued under section 14 thereof. (The return of goods will not be accepted unless for sufficient cause and only when sufficient arrangements have been made for the return of the goods. All such claims must be made within 30 days.) A FINANCE CHARGE of 1 1/2% per month (18% PER ANNUM) will be applied to all past due invoices. Original Invoice Page 2

7 P.O. Box Grand Rapids, MI P: (800) F: (616) W: Invoice Customer Invoice Date 02/14/2017 Bill to : JLL Americas Inc. Sold to : Westinghouse Electric Company Phone (412) Fax (412) Project: ST B5 (Evac signs) Customer PO Number Sales Order # Order Date Terms FOB Ship Via Salesperson Deb /30/2017 NET 30 Origin UPS 976 Item Part / Rev / Description / Details Quantity List Price Discount Net Price Extended Price S-Sign Rev 00 U/M EA SIGN TYPE B5-EVAC SIGN % Sided Sign THIN SATIN NATURAL 14 X 17. SL 101 A * * * * * * * * * * * ANTIQUE WHITE * * * 12. X 17. W N 714 BLANK * * * * ANTIQUE WHITE CARDINAL RED * * * 2. X 17. N 714 PP 736 HRC 5/8L BRAILLE * * * * SIGN TYPE B5-EVAC SIGN A-ADHESIVE MOUNT (TO BE BACKED UP WITH SILICONE ADHESIVE BY INSTALLER) ALL CAPS Packing List /Item : Sales Order : Customer PO : / Deb SHIPPING Rev NS Shipping/Freight Charge, Ref Shipper Shipped on 02/14/ % Original Invoice Page 1

8 P.O. Box Grand Rapids, MI P: (800) F: (616) W: Invoice Customer Invoice Date 02/14/2017 Bill to : JLL Americas Inc. Sold to : Westinghouse Electric Company Project: ST B5 (Evac signs) Customer PO Number Sales Order # Order Date Terms FOB Ship Via Salesperson Deb /30/2017 NET 30 Origin UPS 976 Item Part / Rev / Description / Details Quantity List Price Discount Net Price Extended Price SHIP NO: SHIPPED TO ADDRESS: Westinghouse Electric Company Suite 127, 255B Total Item Price Shipping Sales Tax Total Inv Price $ Cranberry Township PA TRACKING NUMBERS: 1Z We hereby certify that these goods were produced in compliance with all applicable requirements of sections 6, 7 and 12 of the fair labor standards asct, as amended and of regulations and orders of the Department of Labor, issued under section 14 thereof. (The return of goods will not be accepted unless for sufficient cause and only when sufficient arrangements have been made for the return of the goods. All such claims must be made within 30 days.) A FINANCE CHARGE of 1 1/2% per month (18% PER ANNUM) will be applied to all past due invoices. Original Invoice Page 2

9 P.O. Box Grand Rapids, MI P: (800) F: (616) W: Invoice Customer Invoice Date 02/20/2017 Bill to : JLL Americas Inc. Sold to : Westinghouse Electric Company Phone (412) Fax (412) Project: Columbia SC site QT Customer PO Number Sales Order # Order Date Terms FOB Ship Via Salesperson Deb /01/2017 NET 30 Origin UPS 976 Item Part / Rev / Description / Details Quantity List Price Discount Net Price Extended Price S-Sign, Blank Rev 00 U/M EA Blank Sign % THIN SATIN NATURAL 6 X 7. SL 101 A * * * * * * * * * * * ANTIQUE WHITE * * * 2. X 7. W N 714 BLANK * * * * CUBICLE SIGN WITH (3) WINDOWS-ADHESIVE MOUNT Packing List /Item : Sales Order : Customer PO : / Deb S-Sign Rev 00 U/M EA SIGN TYPE A3.A 1 Sided Sign % THIN SATIN NATURAL 4 X 7. SL 101 A * * * * * * * * * * * ANTIQUE WHITE COOL GRAY * * * 4. X 7. N 714 PP 703 * * * BRAILLE * * * * ALL CAPS, SP=SEE DRAWING Packing List /Item : Sales Order : Customer PO : / Deb Original Invoice Page 1

10 P.O. Box Grand Rapids, MI P: (800) F: (616) W: Invoice Customer Invoice Date 02/20/2017 Bill to : JLL Americas Inc. Sold to : Westinghouse Electric Company Phone (412) Fax (412) Project: Columbia SC site QT Customer PO Number Sales Order # Order Date Terms FOB Ship Via Salesperson Deb /01/2017 NET 30 Origin UPS 976 Item Part / Rev / Description / Details Quantity List Price Discount Net Price Extended Price S-Sign Rev 00 U/M EA SIGN TYPE A2.A 1 Sided Sign % THIN SATIN NATURAL 6 X 7. SL 101 A * * * * * * * * * * * ANTIQUE WHITE COOL GRAY * * * 4. X 7. * N 714 PP 703 SP 5/8L BRAILLE * * * * ANTIQUE WHITE * * * 2. X 7. W N 714 BLANK * * * * ALL CAPS, SP=SEE DRAWING CUSTOMER TO PROVIDE OWN ACETATE PRINTS. Packing List /Item : Sales Order : Customer PO : / Deb SHIPPING Rev NS SHIP NO: Shipping/Freight Charge, Ref Shipper Shipped on 02/20/2017 SHIPPED TO ADDRESS: Westinghouse Electric Co. Attn: Doug Carlson 5801 Bluff Road % Total Item Price Shipping Sales Tax Total Inv Price 1, $ 1, Hopkins SC Original Invoice Page 2

11 P.O. Box Grand Rapids, MI P: (800) F: (616) W: Invoice Customer Invoice Date 02/20/2017 Bill to : JLL Americas Inc. Sold to : Westinghouse Electric Company Project: Columbia SC site QT Customer PO Number Sales Order # Order Date Terms FOB Ship Via Salesperson Deb /01/2017 NET 30 Origin UPS 976 Item Part / Rev / Description / Details Quantity List Price Discount Net Price Extended Price We hereby certify that these goods were produced in compliance with all applicable requirements of sections 6, 7 and 12 of the fair labor standards asct, as amended and of regulations and orders of the Department of Labor, issued under section 14 thereof. (The return of goods will not be accepted unless for sufficient cause and only when sufficient arrangements have been made for the return of the goods. All such claims must be made within 30 days.) A FINANCE CHARGE of 1 1/2% per month (18% PER ANNUM) will be applied to all past due invoices. Original Invoice Page 3

12 Emily Gafford From: Supplier Escalation Sent: Wednesday, May 17, :34 PM To: Emily Gafford Subject: RE: Invoice , , Ms. Gafford, Due to Westinghouse s recent filing of Chapter 11 Bankruptcy all invoices that are pre-petition (pre-bankruptcy) must be filed as a claim. There is a company working with us that is handling all of the claim filing process. Their information is listed below: Westinghouse Claims Processing Center c/o KCC 2335 Alaska Avenue El Segundo, CA Toll Free: (877) Outside U.S. & Canada: (424) WestinghouseInfo@kccllc.com Please follow the link to the KCC website to file a claim and if you are having issues filing any claims please call the toll free number listed above and a representative from KCC will walk you through the process. Any further inquiries regarding claims filed should be directed to KCC. Thank you, Supplier Escalation Team From: Emily Gafford [mailto:emilygafford@290signs.com] Sent: Wednesday, May 17, :24 PM To: Supplier Escalation Subject: RE: Invoice , , Good afternoon, These are the contact I have on file is barrondk@westinghouse.com Deborah Barrond (Katilee.Zychowski@am.jll.com filled in for her while she was gone). Thanks! Emily Gafford Accounts Receivable Coordinator ext [290signs.com] 1

13 From: Supplier Escalation Sent: Wednesday, May 17, :47 PM To: Emily Gafford Subject: RE: Invoice , , Ms. Gafford, Would you be able to provide me with the name of the Westinghouse Buyer that you do business with? Thank you, Supplier Escalation Team From: Emily Gafford Sent: Wednesday, May 17, :10 PM To: Supplier Escalation Subject: Invoice , , Importance: High Good afternoon, We just received notification that Westinghouse has filed Chapter 11, and to reach out to this address if we have inquiries about unpaid invoices. Please see the attached invoices. Can you please update me on payment status? Thanks! Emily Gafford Accounts Receivable Coordinator ext [290signs.com] From: Emily Gafford Sent: Wednesday, May 17, :32 PM To: Cc: Subject: RE: Invoice , , Importance: High Good afternoon, Please see the attached invoices. These invoice are now over 60 days past due. Due to the severity in delinquency, your account with 2/90 has been placed on hold. Please reach out as soon as possible to avoid further collection. Thanks! Emily Gafford Accounts Receivable Coordinator ext

14 [290signs.com] From: Emily Gafford Sent: Wednesday, April 12, :33 AM To: Subject: FW: Invoice , Importance: High Good morning, It has been a few weeks and I have not heard back in regards to Net terms. We do not have anything on file stating that JLL Westinghouse World Headquarters has Net 60 terms with 2/90. We have granted Net 30 terms. If you have documentation stating that we have approved Net 60 terms can you please forward this. The invoices attached are now approaching 30 days past due. Can you please update me on payment status? Thanks! Emily Gafford Accounts Receivable Coordinator ext [290signs.com] From: Emily Gafford Sent: Friday, March 31, :15 AM To: 'Barron, Deborah K.' Subject: RE: Invoice , Deb, Thank you for getting back with me. I appreciate it. I do not show that JLL Westinghouse World Headquarters has Net 60 terms with 2/90. Does your accounting department having any documentation stating that 2/90 has granted Net 60 terms for JLL WWH? Thanks! Emily Gafford Accounts Receivable Coordinator ext [290signs.com] From: Barron, Deborah K. [mailto:barrondk@westinghouse.com] Sent: Friday, March 31, :56 AM To: Emily Gafford Cc: Barron, Deborah K. Subject: RE: Invoice , Good Morning Emily, 3

15 I forwarded your request to our accounts payable department yesterday and received the following response. Deb, these invoices were submitted to BTAP on 2/16/17 and 2/21/17 respectively. Please remind them that the payment terms are NET60. Hopefully, this provides you with the information that you need. Should you need any additional information, please contact me at your convenience. Kind Regards, Deb Barron Project Assistant JLL Westinghouse World Headquarters (412) (Office) From: Emily Gafford Sent: Thursday, March 30, :49 AM To: Cc: Barron, Deborah K. Subject: Invoice , Importance: High Good morning, Please see the attached invoices. These invoices are a couple of weeks past due. Can you please update us on payment status? Thanks! Emily Gafford Accounts Receivable Coordinator [290signs.com] 5350 Corporate Grove Boulevard SE Grand Rapids, MI T: ext P: F: emilygafford@290signs.com INTERIOR EXTERIOR DIGITAL PLANNING INSTALLATION MAINTENANCE Click here to register for a copy of the new 2017 Commercial Price List & Spec Guide[290signs.com]. 2/90 is an ESOP (employee-owned) company. Learn more about our products and services online at our website[290signs.com] or virtual library[myresourcelibrary.com] and like us on Facebook[facebook.com]. This may contain proprietary information of the sending organization. Any unauthorized or improper disclosure, copying, distribution, or use of the contents of this and attached document(s) is prohibited. The information contained in this and attached document(s) is intended only for the personal and private use of the recipient(s) named above. If you have received this communication in error, please notify the sender immediately by and delete the original and attached document(s). 4

16 This may contain proprietary information of the sending organization. Any unauthorized or improper disclosure, copying, distribution, or use of the contents of this and attached document(s) is prohibited. The information contained in this and attached document(s) is intended only for the personal and private use of the recipient(s) named above. If you have received this communication in error, please notify the sender immediately by and delete the original and attached document(s). This may contain proprietary information of the sending organization. Any unauthorized or improper disclosure, copying, distribution, or use of the contents of this and attached document(s) is prohibited. The information contained in this and attached document(s) is intended only for the personal and private use of the recipient(s) named above. If you have received this communication in error, please notify the sender immediately by and delete the original and attached document(s). 5

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18 6( )/C $5& DA7+>$E &&&. ) $ / &/ ) 7 Valerie ext '!5#$ 6%&' 6 (1*+,,!-.//0'(12-'3&2-2 76( ) ) Valerie ext %&' &78' 4'!+0$ (1*+,,!-.//0'(12-'3&2-2 * $ )(&'%) ( $ (:)/& )?!@"#@<!A# ( B$&

19 $!"#$ %&' *+,,!-.//0'(12-'3&2-2 Deborah, Attached please find a Quotation for 2/90 Sign Systems signage as per your request. Your net purchase pricing is shown. Lead time is: 2-3 weeks Please review the descriptions, along with handwritten notes on drawings. I hope that I have interpreted your requirements correctly. Please mark up the drawings and/or quote with any changes needed. Thank you for the opportunity to provide you with this quotation. Please let me know if you have any questions or if I can be of further assistance. Thank you for choosing 2/90! Valerie Dye Client Services 2/90 Sign Systems 5350 Corporate Grove Boulevard SE Grand Rapids, MI T: P: F: valeriedye@290signs.com INTERIOR EXTERIOR DIGITAL PLANNING INSTALLATION MAINTENANCE Click here to register for a copy of the new 2017 Commercial Price List & Spec Guide[290signs.com]. 2/90 is an ESOP (employee-owned) company. Learn more about our products and services online at our website[290signs.com] or virtual library[myresourcelibrary.com] and like us on Facebook[facebook.com]. 4'!",#$ 6%&' 6 (12-'3&2-2 7 & )C )? & $I 7 Valerie ext %&' &78' 4'!"#$ %&' 2-'3&2-2,

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21 %&' &78' 4'!0$ %&' 2-'3&2 ; %)$%)& 8$9&(% $& -& % ) )$%) &)?!@"#@<!A# ( B$& This may contain proprietary information of the sending organization. Any unauthorized or improper disclosure, copying, distribution, or use of the contents of this and attached document(s) is prohibited. The information contained in this and attached document(s) is intended only for the personal and private use of the recipient(s) named above. If you have received this communication in error, please notify the sender immediately by and delete the original and attached document(s). This may contain proprietary information of the sending organization. Any unauthorized or improper disclosure, copying, distribution, or use of the contents of this and attached document(s) is prohibited. The information contained in this and attached document(s) is intended only for the personal and private use of the recipient(s) named above. If you have received this communication in error, please notify the sender immediately by and delete the original and attached document(s). This may contain proprietary information of the sending organization. Any unauthorized or improper disclosure, copying, distribution, or use of the contents of this and attached document(s) is prohibited. The information contained in this and attached document(s) is intended only for the personal and private use of the recipient(s) named above. If you have received this communication in error, please notify the sender immediately by and delete the original and attached document(s). This may contain proprietary information of the sending organization. Any unauthorized or improper disclosure, copying, distribution, or use of the contents of this and attached document(s) is prohibited. The information contained in this and attached document(s) is intended only for the personal and private use of the recipient(s) named above. If you have received this communication in error, please notify the sender immediately by and delete the original and attached document(s).