Case Information
*1 UNITED STATES BANKRUPTCY COURT
Document Page 1 of 9 DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) Robert J. Feinstein, Esq. (admitted pro hac vice ) Bradford J. Sandler, Esq. Paul J. Labov, Esq. Colin R. Robinson, Esq. Order Filed on May 19, 2025
by Clerk PACHULSKI STANG ZIEHL & JONES LLP U.S. Bankruptcy Court (cid:20)(cid:26)(cid:19)(cid:19)(cid:3)(cid:37)(cid:85)(cid:82)(cid:68)(cid:71)(cid:90)(cid:68)(cid:92)(cid:15)(cid:3)(cid:22)(cid:25)(cid:87)(cid:75)(cid:3)(cid:41)(cid:79)(cid:82)(cid:82)(cid:85) District of New Jersey New York, NY 1001 (cid:28) 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 Administrato In re: Chapter 11 BED BATH & BEYOND INC., et al. , 1
Case No. 23-13359 (VFP) Debtors. (Jointly Administered) ORDER SUSTAINING PLAN ADMINISTRATOR’S FIFTEENTH OMNIBUS OBJECTION (SUBSTANTIVE) TO CLAIMS (Reclassify Bondholder Claims to Class 6 General Unsecured Claims) The relief set forth on the following pages, numbered two (2) through four (4), is ORDERED . DATED: May 19, 2025 1 The last four digits of Debtor Bed Bath & Beyond Inc.’s tax identification number are 0488. A complete list of the Debtors in these chapter 11 cases and each such Debtor’s tax identification number may be obtained on the website of the Debtor’s proposed claims and noticing agent at https://restructuring.ra.kroll.com/bbby. *2 (Page | 2) Debtors: BED BATH & BEYOND INC., et al .
Case No.
23-13359-VFP Caption of Order: ORDER SUSTAINING PLAN ADMINISTRATOR’S FIFTEENTH
OMNIBUS OBJECTION (SUBSTANTIVE) TO CLAIMS (Reclassify Bondholder Claims to Class 6 General Unsecured Claims)
Upon the objection (the “Objection”) 2 of the Plan Administrator, pursuant to sections 105 and 502 of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rules 3007-1, 3007-2,
and 9013-1, seeking entry of an order (this “Order”) reclassifying the claims identified on the
attached
Exhibit 1
(the “Reclassified Claims” or “Disputed Claims”); and upon consideration of the record of these chapter 11 cases and the
Declaration of Michael Goldberg
; and the Court having jurisdiction to consider the Objection and the relief requested therein pursuant to 28 U.S.C. §§ 157 and 1334; and venue being proper before this Court; consideration of the Objection and the relief requested being a core proceeding pursuant to 28 U.S.C. § 157(b); due and proper notice of the Objection having been provided, and it appearing that no other or further notice need be provided; and the Court having found and determined that the relief sought in the Objection is in the best interests of the Debtors’ estates, their creditors and all parties in interest, and that the legal and factual bases set forth in the Objection establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is hereby
IT IS HEREBY ORDERED THAT: 1. The Objection is sustained.
2.
The Disputed Claims set forth on the attached Exhibit 1 are hereby reclassified
as Class 6 General Unsecured Claims. 3. The Claims and Noticing Agent is authorized to modify the Claims Register to
reflect the relief granted by this Order.
2 Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Objection. *3 (Page | 3) Debtors: BED BATH & BEYOND INC., et al .
Case No.
23-13359-VFP Caption of Order: ORDER SUSTAINING PLAN ADMINISTRATOR’S FIFTEENTH
OMNIBUS OBJECTION (SUBSTANTIVE) TO CLAIMS (Reclassify Bondholder Claims to Class 6 General Unsecured Claims)
4. 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 representative’s rights to object in the future to any Disputed Claim on any grounds permitted by bankruptcy or nonbankruptcy law.
5. 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 promise 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.
6. 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 matters listed in the Objection or this Order.
*4 (Page | 4) Debtors: BED BATH & BEYOND INC., et al .
Case No.
23-13359-VFP Caption of Order: ORDER SUSTAINING PLAN ADMINISTRATOR’S FIFTEENTH
OMNIBUS OBJECTION (SUBSTANTIVE) TO CLAIMS (Reclassify Bondholder Claims to Class 6 General Unsecured Claims)
7. Notwithstanding any applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, or the Local Rules, this Order shall be effective immediately upon its entry. 8. The Court shall retain jurisdiction to construe and enforce this Order. *5 Exhibit 1 to Exhibit A List of Disputed Claims *6 1 Alan Powitz Trust 5/19/2023 1814 Bed Bath & Beyond Inc. Secured $4,000.00 Secured $0.00 Claim is not entitled to administrative, priority or
Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $4,000.00 Total $4,000.00 Total $4,000.00 2 Anderson, Lorrie R 7/5/2023 9379 Bed Bath & Beyond Inc. Secured $35,000.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $35,000.00 Total $35,000.00 Total $35,000.00 3 Avrashow, Wayne 5/1/2023 76 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $28,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $28,000.00 Total $28,000.00 Total $28,000.00 4 Book, Alice Marie 7/10/2023 13361 Bed Bath & Beyond Inc. Secured $46,152.50 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $3,847.50
GUC $50,000.00 Total $50,000.00 Total $50,000.00 5 BOOK, ALICE MARIE 7/7/2023 13646 Bed Bath & Beyond Inc. Secured $46,152.50 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $3,847.50
GUC $50,000.00 Total $50,000.00 Total $50,000.00
6 Calm Spirit Investing Inc Solo 5/1/2023 140 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or 401(k) Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $5,058.80 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $5,058.80 Total $5,058.80 Total $5,058.80
7 Chehade, Monif k 6/6/2023 3669 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $3,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $3,000.00 Total $3,000.00 Total $3,000.00 8 Chilumula, Aditi 6/15/2023 4370 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $15,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $15,000.00 Total $15,000.00 Total $15,000.00 9 Chilumula, Anika 6/15/2023 4843 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $15,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $15,000.00 Total $15,000.00 Total $15,000.00 10 Daffer, Kevin L 9/12/2023 17176 Bed Bath & Beyond Inc. Secured $73,597.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $73,597.00 Total $73,597.00 Total $73,597.00 11 Dobson, Brad 5/30/2023 3057 Bed Bath & Beyond Inc. Secured $5,000.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the *7 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $5,000.00 Total $5,000.00 Total $5,000.00 12 DuBrul, Jack B 7/5/2023 13023 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $11,942.15 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $11,942.15 Total $11,942.15 Total $11,942.15 13 GIBSON, RONALD GENE 7/5/2023 13409 Bed Bath & Beyond Inc. Secured $36,710.80 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $3,289.20
GUC $40,000.00 Total $40,000.00 Total $40,000.00
14 Johnsson, Denise Karin 6/21/2023 18809 Bed Bath & Beyond Inc. Secured $20,000.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $20,000.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $40,000.00 Total $40,000.00 Total $40,000.00
15 Keeler, Jennifer Ann 6/28/2023 7677 Bed Bath & Beyond Inc. Secured $25,000.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $1,883.69
GUC $26,883.69 Total $26,883.69 Total $26,883.69
16 LeBlanc, John M. 7/3/2023 12843 Bed Bath & Beyond Inc. Secured $22,882.50 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $22,882.50 Total $22,882.50 Total $22,882.50 17 Merola, Sylvia 5/19/2023 1749 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $73,440.80 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $73,440.80 Total $73,440.80 Total $73,440.80 18 Mettu, Archana 6/14/2023 4382 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $473,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $473,000.00 Total $473,000.00 Total $473,000.00 19 Moncino, Daniel Joseph 6/7/2023 3721 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $25,000.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $25,000.00 Total $25,000.00 Total $25,000.00 20 Moncino, Daniel Joseph 8/14/2023 16213 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $20,000.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority Unliquidated Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $20,000.00 Total $20,000.00 Total $20,000.00 *8 21 Mount, Linda L 6/14/2023 4254 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $30,495.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $30,495.00 Total $30,495.00 Total $30,495.00 22 R Gregory Sandra L. Heslop 6/26/2023 11496 Bed Bath & Beyond Inc. Secured $30,000.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $30,000.00 Total $30,000.00 Total $30,000.00 23 Robert H Frey jr. & Charlotte 5/28/2023 2877 Bed Bath & Beyond Inc. Secured $7,000.00 Secured $0.00 Claim is not entitled to administrative, priority or
Frey TTEES the Frey Family Trust Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $7,000.00 Total $7,000.00 Total $7,000.00
24 Shelton, Robert 6/20/2023 12870 Bed Bath & Beyond Inc. Secured $25,000.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $25,000.00 Total $25,000.00 Total $25,000.00
25 Shelton, Shirley 6/20/2023 9332 Bed Bath & Beyond Inc. Secured $25,000.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $25,000.00 Total $25,000.00 Total $25,000.00 26 Sims, Ronald Frank 6/12/2023 5367 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $5,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $5,000.00 Total $5,000.00 Total $5,000.00 27 Steik Jr, Gerald Raymond 9/30/2023 17289 Buy Buy Baby, Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $5,000.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $5,000.00 Total $5,000.00 Total $5,000.00 28 Steinmetz, Keith 5/30/2023 3002 Bed Bath & Beyond Inc. Secured $5,000.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $0.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $5,000.00 Total $5,000.00 Total $5,000.00 29 Storozum, Pamela 12/16/2024 20481 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $10,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $10,000.00 Total $10,000.00 Total $10,000.00 *9 30 Stratton, Yvonne E 6/23/2023 9376 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $2,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $2,000.00 Total $2,000.00 Total $2,000.00 31 Stratton, Yvonne E 6/23/2023 11511 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $2,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $2,000.00 Total $2,000.00 Total $2,000.00 32 Sun, Qiuxia 8/15/2023 16279 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $13,350.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $13,350.00 Total $13,350.00 Total $13,350.00
33 Thomas, Norval Wade 7/5/2023 13697 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $10,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $10,000.00 Total $10,000.00 Total $10,000.00
34 Thomas, Tonna L. 7/5/2023 13456 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $9,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $9,000.00 Total $9,000.00 Total $9,000.00 35 William R. Russell Contributory 6/29/2023 12716 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or
IRA, Charles Schwab Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $25,000.00 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $25,000.00 Total $25,000.00 Total $25,000.00 36 ZIMMERMANN-GEISMAR, KATHY 6/19/2023 9018 Bed Bath & Beyond Inc. Secured $0.00 Secured $0.00 Claim is not entitled to administrative, priority or
ANN Admin $0.00 Admin $0.00 secured status. The Plan Administrator asks the 503(b)(9) $0.00 503(b)(9) $0.00 Court to reclassify the claim as a Class 6 General Priority $24,580.52 Priority $0.00 Unsecured Claim.
GUC $0.00
GUC $24,580.52 Total $24,580.52 Total $24,580.52