In re: BED BATH & BEYOND INC., et al.
Case No. 23-13359 (VFP)
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY
May 19, 2025
Hоnorable Vincent F. Papalia, United States Bankruptcy Judge
Chapter 11; (Jointly Administered); Caption in Compliance with D.N.J. LBR 9004-1(b)
Bradford J. Sandler, Esq.
Paul J. Labov, Esq.
Colin R. Robinson, Esq.
PACHULSKI STANG ZIEHL & JONES LLP
1700 Broadway, 36th Floor
New York, NY 10019
Telephone: (212) 561-7700
Facsimile: (212) 561-7777
Email: rfeinstein@pszjlaw.com
bsandler@pszjlaw.com
plabov@pszjlaw.com
crobinson@pszjlaw.com
Counsel to the Plan Administrator
ORDER SUSTAINING PLAN ADMINISTRATOR‘S FIFTEENTH OMNIBUS OBJECTION (SUBSTANTIVE) TO CLAIMS (Reclassify Bondholder Claims to Class 6 General Unsecured Claims)
The reliеf set forth on the following pages, numbered two (2) through four (4), is ORDERED.
DATED: May 19, 2025
Honorable Vincent F. Papalia
United States Bankruptcy Judge
IT IS HEREBY ORDERED THAT:
- The Objection is sustained.
- The Disputed Claims set forth on the attached Exhibit 1 are hereby reclassified as Clаss 6 General Unsecured Claims.
- The Claims and Noticing Agent is authorized to modify the Claims Register to reflect the relief granted by this Order.
Nothing in this Order shall affect any party‘s rights with respect to the Disputed Claims as reclassified, and all parties’ rights with respect to such claims are reserved, including, for the avoidance of doubt, the Plan Administrator‘s or any estate representativе‘s rights to object in the future to any Disputed Claim on any grounds permitted by bankruptcy or nonbankruptcy law. - Nothing in this Order shall be deemed (i) an admission as to the validity of any claim or as an allowance of any claim; (ii) a waiver of the Debtors’ or Plan Administrator‘s rights to dispute any claim, including the claims set forth on Exhibit 1 hereto, on any grounds, including, but not limited to, pursuant to section
502(d) of the Bankruptcy Code ; (iii) a рromise or requirement to pay any claim; (iv) an implication or admission that any claim is of a type referenced or defined in this Objection; (v) a waiver or limitation of any of the Debtors’ or Plan Administrator‘s rights under the Plan, the Bankruptcy Code, or applicable law; or (vi) a waiver of any other substantive objection to the Disputed Claims. - Each Disputed Claim and the objections by the Plan Administrator thereto, as set forth on Exhibit 1 hereto, constitutes a separate contested matter as contemplated by Bankruptcy Rule 9014 and Local Rule 3007. This Order shall be deemed a separate Order with respect to each such Disputed Claim. Any stay of this Order pending appeal by any Claimant whose claim is subject to this Order shall only apply to the contested matter which involves such claimant and shall not act to stay the applicability and/or finality of this Order with respect to the other contested mattеrs listed in the Objection or this Order.
Notwithstanding any applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, or the Local Rules, this Order shall be effective immediately upon its entry. - The Court shall retain jurisdiction to construe and enforce this Order.
Exhibit 1 to Exhibit A
List of Disputed Claims
Exhibit 1 to Order Sustaining Plan Administrator‘s Fifteenth Omnibus Objection (Reclassified Bondholder Claims)
| # | Name of Claimant | Date Claim Filed | Claim Number | Debtor Name | Asserted Claim Amount | Reclassified Claim Amount | Reason for Reclassification |
|---|---|---|---|---|---|---|---|
| 1 | Alan Powitz Trust | 5/19/2023 | 1814 | Bed Bath & Beyond Inc. | Secured $4,000.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $4,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $4,000.00 Total $4,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 2 | Anderson, Lorrie R | 7/5/2023 | 9379 | Bed Bath & Beyond Inc. | Secured $35,000.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $35,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $35,000.00 Total $35,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 3 | Avrashow, Wayne | 5/1/2023 | 76 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $28,000.00 GUC $0.00 Total $28,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $28,000.00 Total $28,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 4 | Book, Alice Marie | 7/10/2023 | 13361 | Bed Bath & Beyond Inc. | Secured $46,152.50 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $3,847.50 Total $50,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $50,000.00 Total $50,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 5 | BOOK, ALICE MARIE | 7/7/2023 | 13646 | Bed Bath & Beyond Inc. | Secured $46,152.50 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $3,847.50 Total $50,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $50,000.00 Total $50,000.00 | Claim is not еntitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 6 | Calm Spirit Investing Inc Solo 401(k) | 5/1/2023 | 140 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $5,058.80 GUC $0.00 Total $5,058.80 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $5,058.80 Total $5,058.80 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 7 | Chehade, Monif k | 6/5/2023 | 3669 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $3,000.00 GUC $0.00 Total $3,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $3,000.00 Total $3,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 8 | Chilumula, Aditi | 6/15/2023 | 4370 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $15,000.00 GUC $0.00 Total $15,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $15,000.00 Total $15,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 9 | Chilumula, Anika | 6/15/2023 | 4843 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $15,000.00 GUC $0.00 Total $15,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $15,000.00 Total $15,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 10 | Daffer, Kevin L | 9/12/2023 | 17176 | Bed Bath & Beyond Inc. | Secured $73,597.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $73,597.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $73,597.00 Total $73,597.00 | Claim is not entitlеd to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 11 | Dobson, Brad | 5/30/2023 | 3057 | Bed Bath & Beyond Inc. | Secured $5,000.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $5,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $5,000.00 Total $5,000.00 | Claim is not entitled to administrative, priority or securеd status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| # | Name of Claimant | Date Claim Filed | Claim Number | Debtor Name | Asserted Claim Amount | Reclassified Claim Amount | Reason for Reclassification |
|---|---|---|---|---|---|---|---|
| 12 | DuBrul, Jack B | 7/5/2023 | 13023 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $11,942.15 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $11,942.15 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $11,942.15 Total $11,942.15 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to rеclassify the claim as a Class 6 General Unsecured Claim. |
| 13 | GIBSON, RONALD GENE | 7/5/2023 | 13409 | Bed Bath & Beyond Inc. | Secured $36,710.80 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $3,289.20 Total $40,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $40,000.00 Total $40,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 14 | Johnsson, Denise Karin | 6/21/2023 | 18809 | Bed Bath & Beyond Inc. | Secured $20,000.00 Admin $0.00 503(b)(9) $20,000.00 Priority $0.00 GUC $0.00 Total $40,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $40,000.00 Total $40,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 15 | Keeler, Jennifer Ann | 6/28/2023 | 7677 | Bed Bath & Beyond Inc. | Secured $25,000.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $1,883.69 Total $26,883.69 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $26,883.69 Total $26,883.69 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 16 | LeBlanc, John M. | 7/3/2023 | 12843 | Bed Bath & Beyond Inc. | Secured $22,882.50 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $22,882.50 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $22,882.50 Total $22,882.50 | Claim is not entitled to administrative, priority or secured stаtus. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 17 | Merola, Sylvia | 5/19/2023 | 1749 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $73,440.80 GUC $0.00 Total $73,440.80 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $73,440.80 Total $73,440.80 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reсlassify the claim as a Class 6 General Unsecured Claim. |
| 18 | Mettu, Archana | 6/14/2023 | 4382 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $473,000.00 GUC $0.00 Total $473,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $473,000.00 Total $473,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 Generаl Unsecured Claim. |
| 19 | Moncino, Daniel Joseph | 6/7/2023 | 3721 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $25,000.00 Priority $0.00 GUC $0.00 Total $25,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $25,000.00 Total $25,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 20 | Moncino, Daniel Joseph | 8/14/2023 | 16213 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $20,000.00 Priority Unliquidated GUC $0.00 Total $20,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $20,000.00 Total $20,000.00 | Claim is not entitled to аdministrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| # | Name of Claimant | Date Claim Filed | Claim Number | Debtor Name | Asserted Claim Amount | Reclassified Claim Amount | Reason for Reclassification |
|---|---|---|---|---|---|---|---|
| 21 | Mount, Linda L | 6/14/2023 | 4254 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $30,495.00 GUC $0.00 Total $30,495.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $30,495.00 Total $30,495.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 22 | R Gregory Sandra L. Heslop | 6/26/2023 | 11496 | Bed Bath & Beyond Inc. | Secured $30,000.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $30,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $30,000.00 Total $30,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 23 | Robert H Frey jr. & Charlotte Frey TTEES the Frey Family Trust | 5/28/2023 | 2877 | Bed Bath & Beyond Inc. | Secured $7,000.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $7,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $7,000.00 Total $7,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsеcured Claim. |
| 24 | Shelton, Robert | 6/20/2023 | 12870 | Bed Bath & Beyond Inc. | Secured $25,000.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $25,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $25,000.00 Total $25,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 25 | Shelton, Shirley | 6/20/2023 | 9332 | Bed Bath & Beyond Inc. | Secured $25,000.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $25,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $25,000.00 Total $25,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 26 | Sims, Ronald Frank | 6/12/2023 | 5367 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $5,000.00 GUC $0.00 Total $5,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $5,000.00 Total $5,000.00 | Claim is not entitled to administrative, priority or secured status. The Plаn Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 27 | Steik Jr, Gerald Raymond | 9/30/2023 | 17289 | Buy Buy Baby, Inc. | Secured $0.00 Admin $0.00 503(b)(9) $5,000.00 Priority $0.00 GUC $0.00 Total $5,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $5,000.00 Total $5,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 28 | Steinmetz, Keith | 5/30/2023 | 3002 | Bed Bath & Beyond Inc. | Secured $5,000.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $0.00 Total $5,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $5,000.00 Total $5,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 29 | Storozum, Pamela | 12/16/2024 | 20481 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $10,000.00 GUC $0.00 Total $10,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $10,000.00 Total $10,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| # | Name of Claimant | Date Claim Filed | Claim Number | Debtor Name | Asserted Claim Amount | Reclassified Claim Amount | Reason for Reclassification |
|---|---|---|---|---|---|---|---|
| 30 | Stratton, Yvonne E | 6/23/2023 | 9376 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $2,000.00 GUC $0.00 Total $2,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $2,000.00 Total $2,000.00 | Claim is not entitled to administrativе, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 31 | Stratton, Yvonne E | 6/23/2023 | 11511 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $2,000.00 GUC $0.00 Total $2,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $2,000.00 Total $2,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 32 | Sun, Qiuxia | 8/15/2023 | 16279 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $13,350.00 GUC $0.00 Total $13,350.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $13,350.00 Total $13,350.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the сlaim as a Class 6 General Unsecured Claim. |
| 33 | Thomas, Norval Wade | 7/5/2023 | 13697 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $10,000.00 GUC $0.00 Total $10,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $10,000.00 Total $10,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecurеd Claim. |
| 34 | Thomas, Tonna L. | 7/5/2023 | 13456 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $9,000.00 GUC $0.00 Total $9,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $9,000.00 Total $9,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 35 | William R. Russell Contributory IRA, Charles Schwab | 6/29/2023 | 12716 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $25,000.00 GUC $0.00 Total $25,000.00 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $25,000.00 Total $25,000.00 | Claim is not entitled to administrative, priority or secured status. The Plan Administrator asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
| 36 | ZIMMERMANN-GEISMAR, KATHY ANN | 6/19/2023 | 9018 | Bed Bath & Beyond Inc. | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $24,580.52 GUC $0.00 Total $24,580.52 | Secured $0.00 Admin $0.00 503(b)(9) $0.00 Priority $0.00 GUC $24,580.52 Total $24,580.52 | Claim is not entitled to administrative, priority or secured status. The Plan Administratоr asks the Court to reclassify the claim as a Class 6 General Unsecured Claim. |
