The Great Atlantic & Pacific Tea Company, Inc.

Case No. 15-23007


Case Background

On July 19, 2015, The Great Atlantic & Pacific Tea Company, Inc. and 20 affiliated debtors (collectively, the "Debtors") each filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York.  The cases are pending before the Honorable Judge Robert D. Drain and are jointly administered under Case No. 15-23007.

Bankruptcy Court Contact Information

If you are seeking to contact the Bankruptcy Court for the Southern District of New York, please do so via hard copy at the following address:

Southern District of New York (White Plains)
300 Quarropas Street, Room 248
White Plains, NY 10601
Attn: Chambers of the Honorable Judge Robert D. Drain

Important Information & Dates

Global Settlement Agreement

On May 10, 2016, the Debtors and the Official Committee of Unsecured Creditors filed a joint motion (the “Motion”) for approval of a Global Settlement agreement among the Debtors, the Creditors’ Committee, the Prepetition PIK Notes Trustee, the Prepetition Convertible Notes Trustee, Unions and the Pension Plans, and for related relief.  The Global Settlement resolves, among other things, the Creditors’ Committee’s potential challenges that were preserved under the Final DIP Order, including the avoidance of prepetition liens of the Secured Creditors and equitable subordination of the Secured Creditors’ claims.  In exchange, the Secured Creditors have agreed to (i) cede $11.25 million in cash collateral and share in proceeds from avoidance actions with the Debtors’ estates as described in the Motion; (ii) share in the proceeds of a prepetition cause of action of the Debtors with the Pension Plans, with 5% of such proceeds (not to exceed $1.5M) to be distributed to the Pension Plans; (iii) share 5% of the value of tax savings actually realized by the Secured Creditors with the Pension Plans to the extent the Debtors file a chapter 11 plan that provides for the continued operation of the liquor stores by the reorganized Debtors and the preservation of net operating loss carryforwards; and (iv) support a substantial contribution claim of the United Food and Commercial Workers Union, International Union and consent to the payment of $1.5M in fees and expenses of the attorneys and financial advisors to the Unions.  In addition, pursuant to the Global Settlement, the Debtors will continue making pay downs of the Secured Creditors’ claims, subject to a modified wind down budget that will allow for the continued use of Cash Collateral by the Debtors.

A hearing to consider the Motion was held before the Honorable Robert D. Drain in the United States Bankruptcy Court for the Southern District of New York, located at 300 Quarropas Street, White Plains, New York, 10601, on June 2, 2016 at 10:00 a.m. (Prevailing Eastern Time).  On June 6, 2016, the bankruptcy court entered an order approving the Global Settlement Agreement.

Notice of hearing and summary of the key terms of Global Settlement

Motion to Approve Global Settlement

Global Settlement Agreement 

Auction of Liquor Store Assets and Licenses

The Debtors issued the below notice regarding their intent to sell (i) their liquor stores, including the related store lease agreements, permits and/or licenses, inventory, and other assets, and (ii) their “pocket” liquor licenses (collectively, the “Liquor Store Assets and Licenses”).  Click below to view the notice, which includes important information, including dates, deadlines, and contact information in connection with the sale and bidding process for the Liquor Store Assets and Licenses. 

Notice of Sale of Liquor Stores Assets and Licenses

Click below to view the Debtor’s “Bid Process Letter” for the sale of the Liquor Store Assets and Licenses.

Bid Process Letter

Click below to view the Debtor’s form purchase agreements for the Liquor Store Assets and Licenses.

Form Liquor Store Purchase Agreement

Form Pocket Liquor License Purchase Agreement

 


Dates

February 21 2019 Omnibus Hearing 10:00 a.m. (ET) Notice of Hear... Add to Calendar
March 19 2019 Omnibus Hearing 10:00 a.m. (ET) Notice of Hear... Add to Calendar
April 17 2019 Omnibus Hearing 10:00 a.m. (ET) Notice of Hear... Add to Calendar
+ SHOW ALL DATES
July 19 2015 __
July 20 2015 2:00 p.m. (ET)
July 27 2015 10:00 a.m. (ET)
August 10 2015 10:00 a.m. (ET)
August 10 2015 10:00 a.m. (ET)
August 31 2015 10:00 a.m. (ET)
September 21 2015 10:00 a.m. (ET)
October 1 2015 10:00 a.m. (ET)
October 15 2015 10:00 a.m. (ET)
October 16 2015 10:00 a.m. (ET)
October 16 2015 11:00 a.m. (ET)
October 19 2015 1:00 p.m. (ET)
October 27 2015 2:00 p.m. (ET)
November 5 2015 2:00 p.m. (ET)
November 13 2015 10:00 a.m. (ET)
November 30 2015 5:00 p.m. (ET)
December 11 2015 10:00 a.m. (ET)
January 19 2016 5:00 p.m. (ET)
January 20 2016 5:00 p.m. (ET)
Administrative Claims Bar Date A&P Admin Bar Date Notice Add to Calendar
January 22 2016 10:00 a.m. (ET)
February 5 2016 2:00 p.m. (ET)
February 19 2016 2:00 p.m. (ET)
March 18 2016 10:00 a.m. (ET)
March 25 2016 10:00 a.m. (ET)
March 25 2016 10:00 a.m. (Eastern Time)
April 18 2016 10:00 a.m. (ET)
June 2 2016 10:00 a.m. (ET)
June 10 2016 10:00 a.m. (ET)
June 24 2016 10:00 a.m. (ET)
July 14 2016 10:00 a.m. (ET)
August 11 2016 10:00 a.m. (ET)
August 26 2016 10:00 a.m. (ET)
September 28 2016 10:00 a.m. (ET)
October 28 2016 10:00 a.m. (ET)
Omnibus Hearing Add to Calendar
November 15 2016 10:00 A.M.
November 15 2016 2:00 p.m. (ET)
Omnibus Hearing Add to Calendar
December 13 2016 10:00 a.m. (ET)
Omnibus Hearing Add to Calendar
February 1 2017 10:00 a.m. (ET)
March 9 2017 10:00 a.m. (ET)
April 6 2017 10:00 a.m. (ET)
May 4 2017 10:00 a.m. (ET)
June 16 2017 10:00 a.m. (ET)
July 13 2017 10:00 a.m. (ET)
August 10 2017 10:00 a.m. (ET)
September 7 2017 10:00 a.m. (ET)
October 5 2017 10:00 a.m. (ET)
November 9 2017 10:00 a.m. (ET)
December 14 2017 10:00 a.m (ET)
March 8 2018 10:00 a.m.
April 12 2018 10:00 a.m.
May 10 2018 10:00 a.m.
June 12 2018 10:00 a.m.
July 12 2018 10:00 a.m.
August 14 2018 10:00 a.m.
September 13 2018 10:00 a.m.
October 11 2018 10:00 a.m.
November 8 2018 10:00 a.m.
December 11 2018 10:00 a.m.
February 21 2019 10:00 a.m. (ET)
March 19 2019 10:00 a.m. (ET)
April 17 2019 10:00 a.m. (ET)

Parties

Debtors' Counsel

  • Weil, Gotshal & Manges LLP

    767 Fifth Avenue
    New York, NY   10153
    http://www.weil.com
    Phone: 212.310.8000

    Ray C. Schrock
    Garrett A. Fail
    Sunny Singh

Official Committee of Unsecured Creditors

  • Pachulski Stang Ziehl & Jones LLP

    780 Third Avenue, 34th Floor
    New York, NY   10017
    http://www.pszjlaw.com/
    Phone: 212.561.7700

    Robert J. Feinstein

  • Pachulski Stang Ziehl & Jones LLP

    919 N. Market Street, 17th Floor
    Wilmington, DE   19801
    http://www.pszjlaw.com/
    Phone: 302.652.4100

    Bradford J. Sandler

United States Trustee and Court Information

  • Office of the United States Trustee

    201 Varick Street, Suite 1006
    New York, NY   10014
    http://www.justice.gov/ust-regions-r02
    Phone: 212.510.0500
    Fax: 212.668.2255

    Brian Masumoto

  • United States Bankruptcy Court

    Southern District of New York (White Plains)
    300 Quarropas Street, Room 248
    White Plains, NY   10601
    http://www.nysb.uscourts.gov/
    Phone: 914.390.4229

    Chambers of the Honorable Judge Robert D. Drain

Debtors

Case Number Debtor Name Petition Date
Case Number 15-23007 Debtor Name The Great Atlantic & Pacific Tea Company, Inc. Petition Date July 19, 2015
Case Number 15-23006 Debtor Name 2008 Broadway, Inc. Petition Date July 19, 2015
Case Number 15-23008 Debtor Name A&P Live Better, LLC Petition Date July 19, 2015
Case Number 15-23009 Debtor Name A&P Real Property, LLC Petition Date July 19, 2015
Case Number 15-23010 Debtor Name APW Supermarket Corporation Petition Date July 19, 2015
Case Number 15-23011 Debtor Name APW Supermarkets, Inc. Petition Date July 19, 2015
Case Number 15-23012 Debtor Name Borman’s Inc. Petition Date July 19, 2015
Case Number 15-23013 Debtor Name Delaware County Dairies, Inc. Petition Date July 19, 2015
Case Number 15-23014 Debtor Name Food Basics, Inc. Petition Date July 19, 2015
Case Number 15-23015 Debtor Name Kwik Save Inc. Petition Date July 19, 2015
Case Number 15-23016 Debtor Name McLean Avenue Plaza Corp. Petition Date July 19, 2015
Case Number 15-23017 Debtor Name Montvale Holdings, Inc. Petition Date July 19, 2015
Case Number 15-23018 Debtor Name Montvale-Para Holdings, Inc. Petition Date July 19, 2015
Case Number 15-23019 Debtor Name Onpoint, Inc. Petition Date July 19, 2015
Case Number 15-23020 Debtor Name Pathmark Stores, Inc. Petition Date July 19, 2015
Case Number 15-23021 Debtor Name Plainbridge, LLC Petition Date July 19, 2015
Case Number 15-23022 Debtor Name Shopwell, Inc. Petition Date July 19, 2015
Case Number 15-23023 Debtor Name Super Fresh Food Markets, Inc. Petition Date July 19, 2015
Case Number 15-23024 Debtor Name The Old Wine Emporium of Westport Inc. Petition Date July 19, 2015
Case Number 15-23025 Debtor Name Tradewell Foods of Conn., Inc. Petition Date July 19, 2015
Case Number 15-23026 Debtor Name Waldbaum, Inc. Petition Date July 19, 2015