Case 18-09243-JJG-11 Doc 179 Filed 02/08/19 EOD 02/08/19...

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

In re: ) ) Case No. 18-09243-JJG-11 SCOTTY'S HOLDINGS, LLC, ) ) (Jointly Administered) ) Debtor(s).1 )

ORDER (I) FIXING BAR DATES FOR FILING CERTAIN PROOFS OF CLAIM PURSUANT TO FED. R. BANKR. P. 3003(c)(3) AND (II) APPROVING THE

FORM AND MANNER OF NOTICE OF THE BAR DATES

Upon the motion (the "Motion"; capitalized terms used in this Order but not otherwise

defined herein shall have the meanings ascribed to such terms in the Motion) of the above-

captioned debtors and debtors-in-possession (collectively, the "Debtors") for entry of an order,

1 The Debtors include Scotty's Holdings, LLC, Case No. 18-09243-JJG-11; A Pots & Pans Production, LLC,

Case No. 18-09244-JJG-11; Scotty's Thr3e Wise Men Brewing Company, LLC, Case No. 18-09245-JJG-11; Scotty's Brewhouse, LLC, Case No. 18-09246-JJG-11; Scotty's Brewhouse Bloomington, LLC, Case No. 18-09248-JJG-11; Scotty's Brewhouse West Lafayette, LLC, Case No. 18-09250-JJG-11; Scotty's Indianapolis, LLC, Case No. 18-09251-JJG-11; Scotty's Brewhouse Downtown Indianapolis, Case No. 18-09252-JJG-11; Scotty's Brewhouse Mishawaka, LLC, Case No. 18-09253-JJG-11; Scotty's Brewhouse Fort Wayne, LLC, Case No. 18-09255-JJG-11; Scotty's Brewhouse Carmel, LLC, Case No. 18-09256-JJG-11; Scotty's Brewhouse Butler, LLC, Case No. 18-09257-JJG-11; and Scotty's Brewhouse Waco, LLC, Case No. 18-09258-JJG-11.

______________________________Jeffrey J. GrahamUnited States Bankruptcy Judge

SO ORDERED: February 8, 2019.Case 18-09243-JJG-11 Doc 179 Filed 02/08/19 EOD 02/08/19 15:13:28 Pg 1 of 17

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pursuant to Bankruptcy Rule 3003(c), establishing bar dates for the filing of Proofs of Claim,

including 503(b)(9) Claims, and approving the form and manner of notice thereof, as more fully

set forth in the Motion; and this Court having jurisdiction over this matter pursuant to 28 U.S.C.

§§ 157 and 1334 and S.D.Ind. L.R. 83-8(a) of the United States District Court for the Southern

District of Indiana; and this Court having found that this is a core proceeding pursuant to 28

U.S.C. § 157(b)(2); and this Court being able to issue a final order consistent with Article III of

the United States Constitution; and this Court having found that venue of this proceeding and the

Motion in this District is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court finding

that the relief requested in the Motion is appropriately granted without notice or a hearing and

that the requirements of the Case Management Procedures should therefore be varied pursuant to

Paragraph 9 thereof; and this Court having found that the relief requested by the Motion is in the

best interests of the Debtors' estates, their creditors, and other parties in interest; and after due

deliberation thereon; and sufficient cause appearing therefor, it is hereby;

ORDERED, ADJUDGED, AND DECREED THAT:

1. The Motion is GRANTED as set forth herein.

2. The sixtieth (60th) day after the Debtors serve the Bar Date Packages (or the

first business day thereafter, if such sixtieth day is not a business day) (the "General Bar

Date") is hereby fixed as the deadline for filing: (a) proofs of claim against the Debtors on

account of claims (other than claims of Governmental Units (as herein defined)) arising, or

deemed to have arisen by virtue of section 501(d) of the Bankruptcy Code, prior to the Petition

Date, (b) proofs of claim on account of claims arising under section 503(b)(9) of the Bankruptcy

Code, and (c) proofs of claim on account of claims allegedly secured by a right of setoff.

Case 18-09243-JJG-11 Doc 179 Filed 02/08/19 EOD 02/08/19 15:13:28 Pg 2 of 17

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3. June 10, 2019 (the "Governmental Unit Bar Date") is hereby fixed as the

deadline for filing Proofs of Claim against the Debtors by all governmental units, as that term is

defined under section 101(27) of the Bankruptcy Code (the "Governmental Units"). The

Governmental Unit Bar Date shall apply to all claims held by Governmental Units against the

Debtors (whether secured, unsecured priority, or unsecured nonpriority) that arose prior to the

Petition Date, including Governmental Units with claims against the Debtors for unpaid taxes,

whether such claims arise from prepetition tax years or periods or from prepetition transactions

to which any of the Debtors were a party.

4. The Amended Schedule Bar Date for those claims affected by any such

amendment is hereby fixed as the later of: (a) the General Bar Date or Governmental Unit Bar

Date (as applicable) and (b) the date that is thirty (30) days from the date of service of notice to

the holder of the affected claim that the Debtors' Schedules have been amended.

5. The Rejection Bar Date for Proofs of Claim filed on account of Rejection

Damages Claims is hereby fixed as: (a) for Rejection Damages Claims related to rejections

previously authorized by the Court, the General Bar Date or Governmental Unit Bar Date (as

applicable), and (b) for Rejection Damages Claims related to the rejection of any other executory

contract or unexpired lease, the later of (i) the General Bar Date or Governmental Unit Bar Date

(as applicable) and (ii) thirty (30) days after the effective date of the rejection of such executory

contract or unexpired lease.

6. The following procedures, including the Bad Address Bar Date, shall apply in

connection with Bar Date Packages that are returned to the Debtors by the U.S. Postal Service as

undeliverable (each, and "Undeliverable Mailing"):


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(a) If an Undeliverable Mailing is returned to the Debtors, the Debtors shall

make a reasonable effort to determine a correct mailing address for the intended recipient.

If the Debtors discover an alternate mailing address for the intended recipient of an

Undeliverable Mailing, they shall (a) send the Undeliverable Mailing to the intended

recipient at that address and (b) file a change of address for the intended recipient,

provided, however, that the Debtors (a) shall serve such change of address on the affected

intended recipient, but (b) are not be required to serve such change of address on any

other party who does not receive service through the CM/ECF System.

(b) Once a change of address has been filed, the affected intended recipient

shall have until the Bad Address Bar Date (as defined below) to file a proof of claim.

(c) If a Bar Date Package sent to an intended recipient at a changed address is

also returned as an Undeliverable Mailing, the Debtors shall file a certificate of service

with the Court advising that the Debtors have exhausted their reasonable efforts to find a

good mailing address regarding the intended recipient (the "Bad Address Certificate of

Service"); the Debtors may list more than one intended recipient on a single Bad Address

Certificate of Service.

(d) Upon the filing of a Bad Address Certificate of Service, any affected

intended recipient shall be entitled to a claim equal to the amount, if any, that the Debtors

scheduled for that intended recipient and that any such claim shall be given the treatment

reflected in the Schedules for that claim.

(e) Nothing in this Bar Date Order precludes the Debtors from objecting to

any claim, whether scheduled or filed, on any grounds.


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(f) The Bad Address Bar Date is hereby fixed as the later of: (i) the General

Bar Date or Governmental Unit Bar Date (as applicable) and (ii) thirty (30) days after the

intended recipient of an Undeliverable Mailing is served with a notice of the filing of a

change of address by the Debtors.

Procedures for Filing Proofs of Claims

7. The proposed Bar Date Order provides that each person or entity (including,

without limitation, each individual, partnership, joint venture, limited liability company,

corporation, estate, trust, or governmental unit) asserting a claim against one or more of the

Debtors is required to file a separate proof of claim in the bankruptcy case of each Debtor against

whom a claim is asserted. Therefore, if a claimant wishes to assert a claim against multiple

Debtors, a separate Proof of Claim Form must be filed against each individual Debtor.

8. Each proof of claim filed must substantially comply with the Proof of Claim Form

and must be actually received on or before the applicable Bar Date by the Claims Agent, either

by (a) submitting a PDF version of the original proof of claim through the portal provided at the

dedicated website for these chapter 11 cases maintained by the Claims Agent at https://cases-

cr.stretto.com/scottys-holdings?r (the "Case Website") or (b) sending an original proof of claim

by regular mail, overnight courier, or messenger delivery, addressed to Scotty's Holdings, LLC,

et al. Claims Processing, c/o Stretto, 8269 E. 23rd Ave., Suite 275, Denver, CO 80238.

9. The Debtors shall not be required to accept proofs of claim sent by facsimile or

electronic mail transmission. For any claim to be properly and validly filed, a completed proof

of claim, signed by the claimant or an authorized agent of the claimant, accompanied by any

supporting documentation required by Bankruptcy Rules 3001(c) and (d), must be submitted on

or before the applicable Bar Date to the Claims Agent, as provided above. Proofs of claim must

also be in the English language and denominated in lawful United States currency.


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10. The filing of a Proof of Claim substantially conforming to the Proof of Claim

Form is hereby deemed to satisfy the procedural requirements for the assertion of rights to

payment under section 503(b)(9) of the Bankruptcy Code; provided, however, that all other

administrative claims under section 503(b) of the Bankruptcy Code must be asserted by separate

requests for payment in accordance with section 503(a0 of the Bankruptcy Code or further order

of the Court.

Excluded Claims

11. Proofs of Claim need not be filed on account of the following claims (the

"Excluded Claims"):

a claim evidenced by a signed proof of claim already filed against a Debtor with either the Claims Agent (as defined below) or the Clerk of the United States Bankruptcy Court for the Southern District of Indiana in a form substantially similar to Official Bankruptcy Form No. 410, provided, however, that, if the holder of such a claim has not yet asserted a 503(b)(9) Claim against a Debtor and wishes to do so, that holder must file its 503(b)(9) Claim by the General Bar Date;

a claim listed on the Schedules if (i) the claim is not scheduled as "disputed," "contingent," or "unliquidated"; (ii) the holder of such claim agrees with the description of the claim in the Schedules, including as to amount, priority, classification, and all other characteristics; and (iii) the holder of such claim does not dispute that its claim is an obligation only of the specific Debtor(s) against which the claim is listed in the Schedules;

a claim that has previously been allowed by order of the Bankruptcy Court;

a claim that has been paid in full by the Debtors in accordance with the Bankruptcy Code or an order of the Bankruptcy Court;

a claim for which a specific filing deadline previously has been fixed by the Bankruptcy Court;

any claim held by a Debtor against another Debtor;

any administrative claims held by a professional retained by the Debtors pursuant to orders of the Bankruptcy Court for fees and expenses subject


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to the Bankruptcy Court's approval pursuant to sections 328, 330, 331 and 503(b) of the Bankruptcy Code or 28 U.S.C. § 156(c);

any claim by a current employee of a Debtor, solely to the extent that an order of the Bankruptcy Court authorized the Debtors to honor such claim in the ordinary course as a wage or benefit;

a claim allowable under Bankruptcy Code §§ 503(b) and 507(a)(2) as an administrative expense of any of the Debtors' chapter 11 estates, provided, however, that 503(b)(9) Claims must be filed by the General Bar Date; and

claims based upon ownership of an equity interest in a Debtor, provided, however, that claims purportedly arising from rescission of a purchase or sale of an equity interest in a Debtor must be filed by the General Bar Date.

Effect of Failure to File a Proof of a Claim

12. Any holder of a claim that receives notice of the bar dates established by this Bar

Date Order (either actually or constructively) and that is required, but fails, to file a Proof of

Claim with respect to its claim or claims (including a 503(b)(9) Claim) in compliance with the

procedures set forth in this Bar Date Order by the applicable Bar Date shall (i) be prohibited

from voting to accept or reject any chapter 11 plan or plans filed in these chapter 11 cases with

respect to such claim or claims; (ii) be prohibited from participating in any distribution in these

chapter 11 cases on account of such claim or claims; and (iii) be forever barred, estopped, and

enjoined from asserting such claim or claims against the Debtors or the Debtors' estates.

Moreover, such persons or entities that fail to file a Proof of Claim, as applicable, in accordance

with this Bar Date Order shall no longer receive notices from the Debtors regarding such claims,

unless these Chapter 11 Cases are converted to cases under chapter 7.

Notice Procedures

13. The Bar Date Notice substantially in the form attached to this Bar Date Order as

Exhibit A and its accompanying Proof of Claim Form are hereby approved, and service thereof


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as provided herein shall constitute good, sufficient, and due notice to all creditors and other

entities that may have claims against the Debtors of their rights and obligations in connection

with claims they may assert against the Debtors' estates.

14. The Debtors shall serve the Bar Date Notice and Proof of Claim Form by first-

class United States mail, postage prepaid (or equivalent service), upon: (a) all entities who have

filed a notice of appearance in the Cases; (b) all entities listed in the Debtors' Schedules as

holding a claim against one or more of the Debtors' estates; (c) all entities that have previously

filed proofs of claim in the Cases; (d) any other entities or their counsel, including governmental

units, known to Debtors who may assert claims against the estates; and (e) the Master Service

List (as defined in the Case Management Procedures).

15. The Debtors shall send the Bar Date Notice and Proof of Claim Form to the

entities entitled to receive the same (a) at the address for each such entity set forth on any proof

of claim filed by such entity; (b) or, if no proof of claim has been filed, at the address set forth on

any notice of appearance filed by such entity, (c) or, if neither clause (a) nor clause (b) of this

paragraph applies, then to the address for such entity contained in the Schedules, or (d) if neither

clause (a) nor clause (b) nor clause (c) of this paragraph applies, then as otherwise may be

contained in Debtors' books and records.

16. The Debtors and the Claims Agent are authorized and empowered to take such

actions as may be necessary and appropriate to implement the terms of this Order.

17. Nothing in this Order (i) shall impair, prejudice, waive or otherwise affect the

rights of the Debtors to dispute, or to assert offsets or defenses to, any claim reflected in the

Schedules or to object to any claim or Proof of Claim filed in these chapter 11 cases, as to

amount, liability, characterization or otherwise, and to subsequently designate any claim as


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disputed, contingent or unliquidated on the Schedules or otherwise or (ii) shall preclude the

Debtors from objecting to any claim, whether scheduled, filed, or unfiled, on any grounds.

18. Entry of this Order is without prejudice to the rights of the Debtors to seek a

further order of this Court fixing a date by which any holders of claims or interests not subject to

the Bar Dates established herein must assert such claims or interests or be forever barred,

estopped, and enjoined from (i) voting to accept or reject any plan or plans filed in these chapter

11 cases and (ii) participating in or otherwise receiving any payment or distribution of property

from the Debtors, their estates, or their successors or assigns with respect to such claims or

interests.

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EXHIBIT A

PROPOSED FORM OF BAR DATE NOTICE


UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

In re: ) ) Case No. 18-09243-JJG-11 SCOTTY'S HOLDINGS, LLC, ) ) (Jointly Administered) ) Debtor(s).1 )

NOTICE OF DEADLINES FOR FILING PROOFS OF CLAIM

On December 11, 2018 (the "Petition Date"), the entities listed in Footnote 1 below (each a "Debtor" and, collectively, the "Debtors") filed voluntary petitions for relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the "Bankruptcy Code").

PLEASE TAKE NOTICE THAT on February [__], 2019, the United States

Bankruptcy Court for the Southern District of Indiana (the "Bankruptcy Court") entered an order (the "Bar Date Order") in the Debtors' chapter 11 cases establishing certain deadlines (each, a "Bar Date") for asserting claims in the Debtors' chapter 11 cases, as set forth below.

A. IMPORTANT DEFINITIONS

As used in this notice, the term "claim" means, as to or against any Debtor, and in accordance with section 101(5) of the Bankruptcy Code: (a) any right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured, or (b) any right to an equitable remedy for breach of performance if such breach gives right to payment, whether or not such right to an equitable remedy is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.

As used in this notice, the term "Governmental Unit" has the meaning attributed to it in

section 101(27) of the Bankruptcy Code and includes the United States, states, commonwealths, districts, territories, municipalities, foreign states, or departments, agencies, or instrumentalities of the foregoing.

1 The Debtors include Scotty's Holdings, LLC, Case No. 18-09243-JJG-11; A Pots & Pans Production, LLC,

Case No. 18-09244-JJG-11; Scotty's Thr3e Wise Men Brewing Company, LLC, Case No. 18-09245-JJG-11; Scotty's Brewhouse, LLC, Case No. 18-09246-JJG-11; Scotty's Brewhouse Bloomington, LLC, Case No. 18-09248-JJG-11; Scotty's Brewhouse West Lafayette, LLC, Case No. 18-09250-JJG-11; Scotty's Indianapolis, LLC, Case No. 18-09251-JJG-11; Scotty's Brewhouse Downtown Indianapolis, Case No. 18-09252-JJG-11; Scotty's Brewhouse Mishawaka, LLC, Case No. 18-09253-JJG-11; Scotty's Brewhouse Fort Wayne, LLC, Case No. 18-09255-JJG-11; Scotty's Brewhouse Carmel, LLC, Case No. 18-09256-JJG-11; Scotty's Brewhouse Butler, LLC, Case No. 18-09257-JJG-11; and Scotty's Brewhouse Waco, LLC, Case No. 18-09258-JJG-11.


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As used in this notice, the term "Proof of Claim" means a written statement of a claim

against a Debtor that substantially complies with Official Form 410; a compliant form of Proof of Claim is attached to this notice.

As used in this notice, the term "Schedules" means the Schedules of Assets and

Liabilities and/or Statements of Financial Affairs filed by each of the Debtors. Other capitalized terms used but not defined in this notice shall have the meanings

ascribed to them in the Bar Date Order.

B. THE BAR DATES

i. Pursuant to the Bar Date Order, the Bankruptcy Court has established APRIL [ ], 2019 as the bar date (the "General Bar Date") for all entities, other than Governmental Units, to file Proofs of Claim, along with any supporting documentation required by Rules 3001(c) and 3001(d) of the Federal Rules of Bankruptcy Procedures (the "Bankruptcy Rules"), against the Debtors.

ii. The Bankruptcy Court also established June 10, 2019 as the bar date for all Governmental Units to file Proofs of Claim, along with any supporting documentation required by Bankruptcy Rules 3001(c) and (d), against the Debtors (the "Governmental Unit Bar Date").

iii. The General Bar Date and Governmental Unit Bar Date, as applicable, apply to all types of claims against the Debtors that arose prior to Petition Date, including secured claims, unsecured priority claims, unsecured nonpriority claims, claims against the Debtors arising under section 503(b)(9) of the Bankruptcy Code, and claims secured by a right of setoff.

iv. If the Debtors amend their Schedules after the date on which this Notice was served so as to add an entity not currently listed therein or to alter the amount, priority, classification, characterization (e.g., as contingent, unliquidated, or disputed) or other status of a listed claim, the deadline for the filing of a Proof of Claim on account of a claim affected by such changes is on or before the later of: (a) the General Bar Date and (b) thirty (30) days from the date of service of notice to the holder of the affected claim that the Debtors' Schedules have been amended.

v. Proofs of Claims on account of (a) Rejection Damages Claims related to rejections previously authorized by the Bankruptcy Court in these Cases are due on or before the General Bar Date and (b) Rejection Damages Claims related to the rejection of any other executory contract or unexpired lease are due on or before the later of: (a) the General Bar Date and (b) thirty (30) days after the effective date of the rejection of such executory contract or unexpired lease.


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C. WHO MUST FILE A PROOF OF CLAIM

If you wish to avoid the consequences described in Section F of this notice, you MUST file a Proof of Claim if you have a claim against any of the Debtors that: (a) arose prior to December 11, 2018, and (b) is not an Excluded Claim (as defined below).

IN ADDITION, YOU MUST FILE A PROOF OF CLAIM AGAINST ANY OF

THE DEBTORS if you hold a claim pursuant to section 503(b)(9) of the Bankruptcy Code that has not previously been allowed by order of the Bankruptcy Court.

D. HOLDERS OF EXCLUDED CLAIMS ARE NOT REQUIRED TO FILE A

PROOF OF CLAIM ON ACCOUNT OF SUCH CLAIMS

Proofs of Claim need not be filed on account of the following claims (the "Excluded Claims"):

a claim evidenced by a signed proof of claim already filed against a

Debtor with either the Claims Agent (as defined below) or the Clerk of the United States Bankruptcy Court for the Southern District of Indiana in a form substantially similar to Official Bankruptcy Form No. 410, provided, however, that, if the holder of such a claim has not yet asserted a 503(b)(9) Claim against a Debtor and wishes to do so, that holder must file its 503(b)(9) Claim by the General Bar Date;

a claim listed on the Schedules if (i) the claim is not scheduled as "disputed," "contingent," or "unliquidated"; (ii) the holder of such claim agrees with the description of the claim in the Schedules, including as to amount, priority, classification, and all other characteristics; and (iii) the holder of such claim does not dispute that its claim is an obligation only of the specific Debtor(s) against which the claim is listed in the Schedules;

a claim that has previously been allowed by order of the Bankruptcy Court;

a claim that has been paid in full by the Debtors in accordance with the Bankruptcy Code or an order of the Bankruptcy Court;

a claim for which a specific filing deadline previously has been fixed by the Bankruptcy Court;

any claim held by a Debtor against another Debtor;

any administrative claims held by a professional retained by the Debtors pursuant to orders of the Bankruptcy Court for fees and expenses subject to the Bankruptcy Court's approval pursuant to sections 328, 330, 331 and 503(b) of the Bankruptcy Code or 28 U.S.C. § 156(c);


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any claim by a current employee of a Debtor, solely to the extent that an order of the Bankruptcy Court authorized the Debtors to honor such claim in the ordinary course as a wage or benefit;

a claim allowable under Bankruptcy Code §§ 503(b) and 507(a)(2) as an administrative expense of any of the Debtors' chapter 11 estates, provided, however, that 503(b)(9) Claims must be filed by the General Bar Date; and

claims based upon ownership of an equity interest in a Debtor, provided, however, that claims purportedly arising from rescission of a purchase or sale of an equity interest in a Debtor must be filed by the General Bar Date.

E. WHAT, WHERE, AND WHEN TO FILE

A completed Proof of Claim, signed by the claimant or an authorized agent of the claimant, accompanied by any supporting documentation required by Bankruptcy Rules 3001(c) and (d), must be submitted on or before the applicable Bar Date to Stretto (formerly known as JND Corporate Restructuring) (the "Claims Agent") by (a) submitting a PDF version of the original proof of claim through the portal provided at the website (the "Case Website") maintained by the Claim Agent at https://cases-cr.stretto.com/scottys-holdings?r or (b) sending an original proof of claim by regular mail, overnight courier, or messenger delivery, addressed to Scotty's Holdings, LLC, et al. Claims Processing, c/o Stretto, 8269 E. 23rd Ave., Suite 275, Denver, CO 80238.

Your completed Proof of Claim must be actually received by the Claims Agent on or

before the applicable Bar Date. Proofs of Claim that are postmarked before that date but received thereafter will be considered late. Proofs of Claim submitted by e-mail or by facsimile will not be accepted and will not be deemed filed.

Proofs of Claim must substantially conform to the Proof of Claim Form enclosed with this notice and set forth: (i) the amount of your claim against the Debtors; (ii) the specific Debtor against whom you assert your claim; (iii) whether your claim is a secured, unsecured priority, or unsecured nonpriority claim; (iv) whether your claim is a 503(b)(9) Claims and (v) whether your claim is subject to a right of setoff. Proofs of Claim must be in the English language and denominated in lawful currency of the United States.

Claimants seeking to file claims under section 503(b)(9) of the Bankruptcy Code must

include the relevant information in box 13 of the Proof of Claim Form. Claimants seeking to assert claims allegedly secured by a right of setoff must complete the appropriate information in box 11 of the Proof of Claim Form.

If a claimant asserts claims against multiple Debtors, a separate Proof of Claim Form must be filed against each individual Debtor. If you need additional Proof of Claim Forms beyond the one attached to this notice, you may obtain them by: (a) calling (855) 812-6112; (b) mailing a request to the Claims Agent at the address stated above, (c) submitting an e-mail


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inquiry on the Case Website, or (d) downloading the Proof of Claim Form from the Case Website.

Any person or entity that files a Proof of Claim other than through the Case Website and wishes to receive a file-stamped copy of such Proof of Claim by return mail must include an additional copy of the Proof of Claim with a self-addressed envelope with postage prepaid. Copies of filed Proofs of Claim may also be obtained from the Case Website.

F. EFFECT OF NOT FILING A CLAIM

Any claimant that fails to timely file a Proof of Claim in accordance with the procedures set forth in this notice shall, with respect to such claim(s), be forever barred, estopped, and enjoined from participating in the Debtors' chapter 11 cases with respect to voting on any proposed plan or plans, participating in any distribution in these chapter 11 cases, and asserting such claims against the Debtors. Nonetheless, holders of any such unfiled claims shall be bound by the terms of any plan or plans confirmed by the Bankruptcy Court.

G. THE DEBTORS' SCHEDULES AND ACCESS THERETO

You may be listed as the holder of a claim against one or more of the Debtors in the Debtors' respective Schedules. Copies of the Schedules may be examined: (a) on the Bankruptcy Court's electronic docket for the Debtors' chapter 11 cases, which is posted on the internet at http://ecf.insb.uscourts.gov;2 and (b) on the Case Website.

If you agree with the nature, amount and classification of your claim(s), and the

Debtor against which your claim(s) is/are scheduled, you do not need to file a Proof of Claim unless your claim is designated as "disputed," "contingent," or "unliquidated."

If you disagree with the description or amount of your claim contained in the Schedules,

or if you are unsure whether your claim is disputed, contingent, or unliquidated as to amount or is otherwise properly listed and classified, or if you believe you hold a claim against one or more of the Debtors that has not been scheduled, you MUST file a Proof of Claim on or before the relevant Bar Date or be subject to the consequences described in Section F above. Any entity that fails to file a Proof of Claim in reliance upon the Schedules bears sole responsibility for determining that its claim is accurately listed therein.

YOU MAY WISH TO CONSULT AN ATTORNEY REGARDING WHETHER

YOU HAVE CLAIMS AGAINST ONE OR MORE OF THE DEBTORS AND WHETHER YOU SHOULD FILE A PROOF OF CLAIM.

2 A login and password issued by the Public Access to Court Electronic Records ("PACER") system are

required to access this information. Information about a PACER login and password may be obtained via its website at www.pacer.uscourts.gov.


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H. RESERVATION OF RIGHTS

The Debtors reserve the right to: (i) dispute or assert offsets or defenses against any filed claim, or any claim listed or reflected in the Schedules, as to the nature, amount, liability, priority, classification, or otherwise of such claim; (ii) subsequently designate any scheduled claim as disputed, contingent, or unliquidated; and (iii) otherwise amend or supplement the Schedules. Nothing contained in this notice shall preclude the Debtors from objecting to any claim, whether scheduled or filed, on any grounds.

Please note that the fact that you have received this notice does not mean that you have a claim or that the Debtors or the Bankruptcy Court believes that you have a claim.

A CLAIMANT SHOULD CONSULT AN ATTORNEY IF THE CLAIMANT HAS ANY QUESTIONS REGARDING ANY CLAIM IT MAY HAVE AGAINST THE DEBTORS, INCLUDING WHETHER SUCH CLAIMANT SHOULD FILE A PROOF OF CLAIM TO PROTECT ITS INTERESTS.

ALL OTHER QUESTIONS AND INQUIRIES SHOULD BE DIRECTED TO THE DEBTORS' CLAIMS AGENT AT (855) 812-6112

Dated: February ___, 2019 QUARLES & BRADY LLP By: /s/ Isaac M. Gabriel Isaac M. Gabriel (AZ Bar No. 021780) Admitted Pro Hac Vice Christopher Combest (IL ARDC No. 06224701) Admitted Pro Hac Vice 135 N. Pennsylvania St., Suite 2400 Indianapolis, Indiana 46204 Telephone: (317) 957-5000 Facsimile: (317) 957-5010 [email protected] [email protected] Special Counsel for Debtors


PROPOSED PROOF OF CLAIM FORM


□ Scotty’s Holdings, LLC (18-09243)□ A Pots & Pans Production, LLC (18-09244)□ Scotty’s Thr3e Wise Men Brewing Company, LLC (18-09245)□ Scotty’s Brewhouse, LLC (18-09246)□ Scotty’s Brewhouse Bloomington, LLC (18-09248)□ Scotty’s Brewhouse West Lafayette, LLC (18-09250)□ Scotty’s Indianapolis, LLC (18-09251)

□ Scotty’s Brewhouse Downtown Indianapolis, LLC (18-09252)□ Scotty’s Brewhouse Mishawaka, LLC (18-09253)□ Scotty’s Brewhouse Fort Wayne, LLC (18-09255)□ Scotty’s Brewhouse Carmel, LLC (18-09256)□ Scotty’s Brewhouse Butler, LLC (18-09257)□ Scotty’s Brewhouse Waco, LLC (18-09258)

United States Bankruptcy Court for the Southern District of Indiana, Indianapolis Division

Debtor & Case Number (please check the applicable box to identify the case):

Case 18-09243-JJG-11 Doc 179-1 Filed 02/08/19 EOD 02/08/19 15:13:28 Pg 1 of 3

Mortgage Proof of Claim Attachment Proof of Claim


Check all that apply:

Check the appropriate box:

Proof of Claim

Proof of Claim


Case 18-09243-JJG-11 Doc 179 Filed 02/08/19 EOD 02/08/19...

Documents

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