Andronico's Markets, Inc.

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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MEMORANDUM
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	Case No. 11-48963 EDJ
Chapter 11
ANDRONICO’S MARKETS, INC.,
Debtor./
MEMORANDUM
UFCW & Employers Benefit Trust Fund and UFCW-Northern
California Employers Joint Pension Trust Fund (collectively, “UFCW
Funds”) has again moved for an order shortening time on a motion to
allow and compel payment of a substantial administrative claim it
holds. 	UFCW Funds requests that the matter be heard on or before
October 13, 2011. 	The debtor opposed UFCW Funds’s first such
motion. 	The current motion is not opposed by the Creditors’
Committee.
The motion alleges that unless the claim is paid before the
closing of a proposed sale of the debtor’s assets, the claim may not
be paid. 	This is especially true, alleges UFCW Funds, if the
Signed: October 04, 2011

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
October 04, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 11-48963 Doc# 258 Filed: 10/04/11 Entered: 10/04/11 18:08:49 Page 1 of
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UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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2	MEMORANDUM
proposed buyer, which holds a lien on the assets to be sold to
secure a debt substantially in excess of the proposed purchase
price, exercises its right to credit bid.
The court will deny the motion. 	The proposed buyer has the
right to credit bid under the Bankruptcy Code, Bankruptcy Code
§ 363(k), and the law of the case.
More significantly, whether UFCW Funds’s claim gets paid has
nothing to do with the sale. 	Either there are or are not sufficient
unencumbered assets in the estate to pay UFCW Funds’s claim, if it
is allowable. 	The closing of the sale will not change the amount of
any such unencumbered assets.
Finally, if UFCW Funds’s claim is undisputed, it may seek a
stipulation from the debtor and the creditors’ committee to its
allowance. 	On the other hand, if the claim is disputed, the court
is not going to conduct a rushed evidentiary trial of any disputed
issues on October 13 for numerous reasons that should be obvious.
END OF ORDER
Case: 11-48963 Doc# 258 Filed: 10/04/11 Entered: 10/04/11 18:08:49 Page 2 of
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UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3	MEMORANDUM
COURT SERVICE LIST
Scott H. Olson, Esq.
Seyfarth Shaw LLP
560 Mission Street, Suite 3100
San Francisco, CA 94105
Jason J. DeJonker, Esq.
James B. Sowka, Esq.
Seyfarth Shaw LLP
131 South Dearborn Street, Suite 2400
Chicago, IL 60603-5577
John Walshe Murray, Esq.
Robert A. Franklin, Esq.
Jenny Lynn Fountain, Esq.
Murray & Murray
19400 Stevens Creek Boulevard, Suite 200
Cupertino, CA 95014-2548
Marcus O. Colabianchi, Esq.
Winston & Strawn, LLP
101 California Street, 39 th Floor
San Francisco, CA 94111
Lynette C. Kelly, Esq.
Office of the U.S. Trustee
1301 Clay Street, Suite 690-N
Oakland, CA 94612
Steven M. Hedberg, Esq.
Jeanette L. Thomas, Esq.
Farschad Farzan, Esq.
Perkins Coie LLP
1120 N.W. Couch Street, 10 th Floor
Portland, OR 97209
Case: 11-48963 Doc# 258 Filed: 10/04/11 Entered: 10/04/11 18:08:49 Page 3 of
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