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
1

Omnibus Hearing

10:00 a.m. (ET)
March
9

Omnibus Hearing

10:00 a.m. (ET)
April
6

Omnibus Hearing

10:00 a.m. (ET)
July
19
__________
July
20
2:00 p.m. (ET)
August
10
10:00 a.m. (ET)
October
15
10:00 a.m. (ET)
January
20
5:00 p.m. (ET)

Administrative Claims Bar Date

October
28
10:00 a.m. (ET)

Omnibus Hearing

November
15
2:00 p.m. (ET)

Omnibus Hearing

December
13
10:00 a.m. (ET)

Omnibus Hearing

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