Thursday, December 29, 2011

A&P is moving ahead




On Dec.19, 2011, the United States Bankruptcy Court for the Southern District of New York entered the Order for the Great Atlantic & Pacific Tea Company, Inc., Approving;

A) The Adequacy of the Debtor’s Disclosure Statement
B) The Solicitation and Notice Procedures With Respect to Confirmation of the Debtor’s Proposed Chapter 11 Plan
C) The Form of Various Ballots and Notices in Connection in the Plan
D) The Scheduling of Certain Dates with respect to the Disclosure Statement Order.


If you hold one of the bonds of the Atlantic and Pacific Tea Company Inc., you should have gotten Chapter 11 court papers from the “Counsel to the Debtors,” Kirkland & Ellis LLP. If not, call your broker or attorney Paul M. Basta at (212) 446-4800.


The voting deadline for executing and returning a completed Ballot with instructions is January 24, 2012 at 5:00 PM, Pacific Time. Failure to do so may disqualify your Ballot and your vote on the Plan. Any objection to the Plan must be sent in writing and it must conform to the Major Bankruptcy and Local Bankruptcy Rules. You must state the name and address of the objecting party plus you must state the amount and nature of the Claim or interest. You must state the nature of the objection to the Plan. You must state the proposed modification to the Plan that would resolve your objection. You must serve all interested parties of this information by January 24, 2012.


The Confirmation Hearing for this Plan will be on February 6 and 7, 2012 at 10:00 AM Eastern Standard Time before the Honorable Robert D. Drain, US Bankruptcy Judge, in the US Bankruptcy Court for the Southern District of New York. At that time, the Plan may or may not be modified.


After approval of the plan, bondholders will have a very good idea of what they will receive as payment from the new owners of the company. Any questions should go to your broker or the Debtor’s restructuring hotline at (877) 660-6625. You can use the Debtor’s restructuring Website at www.kccllc.net/APTea.

The above information came from the Great Atlantic & Pacific Tea Company, Inc. c/o Kurtzman Carson Consultants LLC, 2335 Alaska Ave., El Segundo, CA. 90245.

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