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"Innkeepers USA", and KP A HI Ontario Partners, LLC, ("KP A"). GRD provided custom

restaurant equipment to the hotel owned and operated by KP A and immediately upon installation, KP A refused to pay. GRD filed a state court action in the Superior Court for the County of San Bernardino California and obtained its judgment against both Innkeepers and KP A.

A true and correct copy of the California Superior Court judgment is attached to the

accompanying declaration of Edward P. Kerns as Exhibit "1 ". The state court action sought recovery from Innkeepers because all of the underlying contract documents were entered into by and between GRD and Innkeepers, not GRD and KP A. True and correct copies of those contract documents are attached to the declaration of Edward P.

Kerns collectively as Exhibit "2".

GRD also brought claims against KP A on theories referred to under California Law of

"common counts" because KPA received the benefit ofGRD's work and materials. Thus, the state court judgment was entered against both entities. Out an abundance of caution, GRD filed claims against all the entities that included the name "Innkeepers USA" as well as filing a claim against the KP A entity.

According to Debtor's, those claims were designated by OMNI on the Claims Register as

follows:

  • 732 against. Innkeepers

USA

Limited Partnership/ KP A HI Ontario LLC;

  • 736 against Innkeepers USA Trust/Grand Prix Ontario Lessee, LLC; against Innkeepers USA Limited Partnership; and,

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  • 738 against Grand Prix Ontario Lessee LLC/KPA HI Ontario, LLC.

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True and correct copies of the Proofs of Claim are attached to the declaration of Edward P. Kerns as Exhibits "3" collectively. Debtor's Sixth Omnibus Objection to Claims included objections to claims 732, 736 and 737 as "redundant". In response to the Sixth Omnibus Objection to Claims, GRD's counsel outlined the facts presented above to debtor's counsel and provided the exhibits attached to this

opposition. By agreement memorialized in e-mails, counsel for Debtor agreed that both the claim

against KPA (No, 738) and the Claim against Innkeepers (No. 736) would remain at that time, and GRD would agree to be allowed only one vote for acceptance of the Plan. True and Correct Copies of those e-mails are attached to the accompanying declaration of Edward P. Kerns collectively as Exhibit "4". This Ninth Omnibus Objection, now objects to the claim against Innkeepers, (No. 736) as a "Wrong Debtor Claim" leaving only the claim against KPA.

II. ARGUMENT

The proposed Plan of Reorganization appears to treat creditors of KP A and Innkeepers differently. GRD currently has remaining claims in both classes based upon the state court judgment holding both Innkeepers and KP A joint and severable liable. This Court lacks subject matter jurisdiction to set aside or modify the state court judgment pursuant to the Rooker-Feldman

doctrine. See Wilson v Deutsche Bank National Trust, 410 Fed. Appx. 409 (2nd Cir. 2011)

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Thus, the Court must give GRD's state court judgment full faith and credit, and allow
23 GRD's claims against both entities. At the very least, the objection of Debtor should only be sustained to the extent that GRD is insured that it receives treatment in a single class that represents the largest distribution it

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wou ld receive from e ith er class in which it would have been placed. In this case, that appears to

be the

Innkeepers USA C l ass.

The present objection appears to be based on the belief that the claim filed against

Innkeepers USA is somehow

mis-categorized.

This assertion appears

to be based u pon the

notion that because GRD ' s services and prod u cts were provided to the Ontario Hilton project and

property , and because KPA owned the O nt ario Hi lton property, the GRD claim sho uld rest so l e ly

wit h KPA.

The assertion is misguided. F irst, Debtor ignores the s impl e truth that the underlyin g

contract documents for the work performed by GRD and the Purchase Order for the e quipm ent

provided by GRD were express ly made between GRD and Innkeepers. Innkeepers signed the

related contr act documents and Purchase Order, not KP A. Moreover , Debtor fai l s to recognize

the ultimate determining fact that th e Ca lifornia State Co urt judgment is in favor of GRD and

express ly against Innk eepers .

III . CONCLUSION

The GRD claims are n ot fi led agains t the " Wrong Debtor" . T h e state court judgment was

made aga inst bo th Innkeepers and KP A.

Dated: £ --)-_1; -- //

The Law Offices ofP"'!:' d P. Kerns, a PLC

By:

~

T----

f;;--_

_

, atto rn ey fo r Creditor, G loba l Restaurant Design , Inc.

Ed~~

4

1

DECLARATION OF EDWARD P. KERNS

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I, Edward P. Kerns, declare as follows:

  • 1. I am an attorney at law, duly licensed to practice before all the courts of the State of

California and the United States District Court for the State of California. I have applied to be admitted Pro Hac Vice in the United States bankruptcy Court for the Southern District of New

York to represent GRD in opposing this Ninth Omnibus Objection to claims. I represented

GRD in the case filed in the Superior Court of the County of San Bernardino, State of California

entitled Global Restaurant Design, Inc. vs Innkeepers USA and KPA HI Ontario, LLC, et al., and designated on the court's docket as case no CIVRS906430. I have represented GRD in this bankruptcy case up until now by monitoring the progress of the case and filing proofs of claim. As such, all of the facts set forth below are known to me of my own personal knowledge and if

called to, I could and would competently testify thereto.

  • 2. On April 12, 201 0 the Superior Court for the County of San Bernardino, State of California,

entered judgment in favor of Plaintiff and against Defendants "Innkeepers USA Inc.", and KP A HI Ontario LLC. A true and correct copy of the judgment, (which was also attached to the

proofs of claim filed in this bankruptcy), is attached as Exhibit "1 ".

  • 3. GRD provided custom restaurant equipment to the hotel owned and operated by KPA and

immediately upon installation, KP A refused to

pay.

  • 4. As a result, GRD filed a state court action in the Superior Court for the County of San

Bernardino California and obtained its judgment against both Innkeepers

and KP A.

  • 5. The state court action sought recovery from Innkeepers because all of the underlying contract

documents were entered into by and between GRD and Innkeepers, not GRD and KP A. True and

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correct copies of those contract documents are attached hereto collectively as Exhibit "2".

  • 6. The state court action further brought claims against KP A on theories referred to under

California law as "common counts", based on the facts that K.PA received the benefit ofGRD's

work and materials. Thus, the state court judgment was entered against both entities.

  • 7. Out an abundance of caution, I filed four separate claims in this bankruptcy case on behalf

GRD against all the entities that included the name "Innkeepers USA" or which were associated

with the ownership or operation of the Ontario Hilton Hotel.

  • 8. According to "Acknowledgments of Receipt of Proofs of Claim I received from OMNI, those

claims were designated by OMNI on the Claims Register as follows:

  • 732 against Innkeepers USA

Limited Partnership/ KP A HI Ontario LLC;

  • 736 against Innkeepers USA Trust/Grand Prix Ontario Lessee, LLC;

73 7

against Innkeepers USA Limited Partnership; and,

  • 738 against Grand Prix Ontario Lessee LLC/KPA HI Ontario, LLC.

True and correct copies of the Acknowledgments and Proofs of Claim are attached hereto as Exhibits "3" collectively. Debtor's Sixth Omnibus Objection to Claims objected to claims 732, 736 and 737 as

"redundant". In response to the Sixth Omnibus Objection to Claims, I contacted the Debtor's

attori)ey identified in the Objection and outlined the facts presented above. I also provided him

with the exhibits attached to this Opposition. By agreement memorialized in e-mails, counsel for Debtor agreed that both the claim against KPA (No, 738) and the Claim against Innkeepers (No. 736) would remain at that time, and GRD would agree to be allowed only one vote for acceptance of the Plan. True and Correct Copies of those e-mails are attached hereto collectively

6

 

JUD-100

I

ATIORNEY OR PARTY WITHOUT ATIORNEY (Name, state bar number, and address}:

 

FOR COURT USE ONLY

~Edward P.

Kerns,

Esq.

SBN

100719

   

Law

Offices

of

Edward

P.

Kerns

5743

Corsa Ave.,

Suite

116

Westlake

Village,

CA

91362

 

TELEPHONE NO.:

( 818 ) 7 0 7- 0 3 7 0

FAX NO. (OptionaQ:

( 8 0 5 ) 8 3 2- 6 3 59

 

e-MAILADDREsscoptionaiJ:

EdwardKerns@aol. com

 

F I L E D

 

P_l_a_i_n_t_i_f_f

 
 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

SAN

BERNARDINO

 

ftANCHQ CUCAMONGA DIITfiUC:"T

 

sTREETADoRess:

8303

North

Haven

Avenue

MAILING ADDREss:

8 303

North

Haven

Avenue

APR 1 2 Z010

CITYANDZIPCOOE:

RANCHO

CUCAMONGA

91730

 

BRANCH NAME:

 

L

R_E_S_T_A_U_RA

N_T

D_E_S_I_G_N_,

 

<f{~c~EPUTY

 

DEFENDANT: INNKEEPERS

USA,

KPA

HI

ONTARIO

LLC

   

JUDGMENT

 

CASE NUMBER:

 

L:·.] By Clerk

[-]

By Default

 

CIVRS906430

t.=J By Court

[-_] On Stipulation

L~J After Court Trial CiL! Defendant Did Not Appear at Trial

 
 
  • 1. ~ .--"l

j

BY DEfAULT

JUDGMENT

  • a. Defendant was properly served with a copy of the summons and complaint.

  • b. Defendant failed to answer the complaint or appear and defend the action within the time allowed by law.

  • c. Defendant's default was entered by the clerk upon plaintiffs application.

  • d. [~Clerk's Judgment (Code Civ. Proc., § 585(a)). Defendant was sued only on a contract or judgment of a court of this state for the recovery of money.

  • e. C:J Court Judgment (Code Civ. Proc., § 585(b)). The court considered

{1)

(2)

CJ

plaintiffs testimony and other evidence.

[:=J plaintiffs written declaration (Code Civ. Proc., § 585(d)).

2.

i

...

I

ON STIPULATION

  • a. Plaintiff and defendant agreed {stipulated) that a judgment be entered in this case. The court approved the stipulated judgment and

  • b. C_'] the signed written stipulation was filed in the case.

c.

[=:J the stipulation was stated in open court

1 the stipulation was stated on the record.

  • 3. [i]

AFTER COURT TRIAL. The jury was waived. The court considered the evidence.

a.

Thecasewastriedon(dateandtime):

April

12,

2010

at

10:00

a.m.

before (name

of judicial officer):

Barry

L.

Plotkin, Judge

Superior

Court

  • b. Appearances by:

 

[~ Plaintiff (name each):

(1) Jason

Cotter

(2)

L ~] Continued on Attachment 3b.

c_::·~ l Defendant (name each):

(1}

{2)

!"-~] Continued on Attachment 3b.

LxJ

Plaintiffs attorney (name aach):

(1) Edward

P.

Kerns

(2)

Defendant 's attorney (name each):

C~J

(1)

{2)

  • c. [X-,] Defendant did not appear at trial. Defendant was properly served with notice of trial.

d.

1-x] A statement of decision (Code Civ. Proc .• § 632)

i.)~J was not

l·.-~l was

requested.

Pago 1 of 2

Form Approved for Optional Use

Judicial Council of California JUD·100 (New Januaty 1, 2002)

JUDGMENT

Code of Civil Procedure, §§ 585. 664.6

So~s­

~P!us

t-

PLAINTIFF: GLOBAL

RESTAURANT

DESIGN,

CORP.

USA,

KPA

HI

ONTARIO

LLC

CASE NUMBER:

CIVRS906430

DEFENDANT: INNKEEPERS

JUDGMENT IS ENTERED AS FOLLOWS BY:

[=]

THE COURT

~-----,

I

.......

.!

THE CLERK

  • 4. ; _. - ·1 Stipulated Judgment Judgment is entered according to the stipulation of the parties.

5.

Parties.

Judgment is

 

a.

C.~x] for plaintiff (name each): Global

Restaraunt

c.

[=~] for cross-complainant (name

each):

 

Design,

Inc.

 

and against defendant (names):

Innkeepers

 

and against cross-defendant (name each):

USA,

Inc.

and

KPA

HI

Ontario

LLC

 

[=] Continued on Attachment 5a.

 

[_=~] Continued on Attachment 5c.

 
 

b.

[ ::·.J for defendant (name each):

 
  • d. [_] for cross-defendant (name each):

6.

Amount.

 

a.

[~] Defendant named in item 5a above must pay plaintiff on the com pial nt:

 
  • c. C~

Cross-defendant named in item 5c above must pay cross-complainant on the cross-complaint:

 

(1)

Cx]

 

Damages

 

$

89,380.65

 

(1)

Damages

$

0.00

(2)

Cii.J

Prejudgment

$

11,435.74

(2)

[:=J

 

Prejudgment

$

0.00

 

interest at the annual rate of

10 o/o

   

interest at the annual rate of

%

 
 

(3)

Cx]

 

Attorney fees

$

28,433.00

(3)

[.=J

 

Attorney fees

$

0.00

(4)

r··---1

Costs

$

355.00

(4)

C]

Costs

$

0.00

 

..

   
 

.

.

 

.............

 
   

·····-·

 
 

(5)

 

Other (specify):

 

$

 

0.00

(5)

 

··--·

Other (specify):

 

$

0.00

 

I

L

_.

J

 

(6)

TOTAL

$129,604.39

(6)

TOTAL

$

0.00

  • b. L~_] Plaintiff to receive nothing from defendant named in item 5b.

[~~ Defendant named in item 5b to recover

costs

[=]

$

0. 00

and attorney fees

$

0 • 0 0

7.

'-

·J Othrar (spocify):

  • d. C)

Cross-complainant to receive nothing from cross-defendant named in item 5d.

c=J Cross-defendant named in item 5d to recover

costs

CJ

$

0. 00 and attorney fees

$ 0 . 0 0

Date:

,~PR 1 2 zo;o

Date:

c:J

_______i_A_RR

Y_L

_._

P_Lu_,-·_r_K_n~----------------

__

Barry L.

JUDICIAL OFFICER

Plotkin,Judge

Superior Court

[=:J Clerk, by

, Deputy

(SEAL)

CLERK'S CERTIFICATE (Optional)

1 certify that this is a true eopy of the original judgment on file in the court.

Date:

Clerk, by

------------------• Deputy

Page 2 of 2

JUD-100 (New Janu~ 1, 2002)

JUDGMENT

t- PLAINTIFF: GLOBAL RESTAURANT DESIGN, CORP. USA, KPA HI ONTARIO LLC CASE NUMBER: CIVRS906430 DEFENDANT: INNKEEPERS

without the approval of Consultant. This Contract may not be assigned by Consultant without the prior written consent of Client.

  • 20. Entire Agreement; Amendment. This Contract represents the entire and integrated agreement

between Client and Consultant and supersedes all prior negotiations, proposal. representations or agreements either written or oral. If there is a conflict between the terms In the body of this Contract and any proposal attached hereto, the terms contained in the body of this Contract shall prevail. This

Contract may be amended only by a written instrument signed by both Client and Consultant.

  • 21. Survival.

The provisions of this Contract which by their nature survive completion of the Services

or termination of this Contract, including, without limitation. all warranties, indemnities and payment obligations, shall remain in full force and effect after completion of the Services or termination of this

Contract.

  • 22. Attorneys' Fees. If any party brings an action, arbitration, or other proceeding arising out of or

relating to this Contract (whether founded in tort, contract or equity, or to declare rights hereunder), the Prevaillng Party (as hereinafter defined) will be entitled to recover its reasonable attorneys' fees and other costa Incurred in the action, arbitration, or proceeding, In addition to any other relief to which the Prevailing Party may be entitled. The term "Prevailing party" will include, without limitation, a party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other party of Its claim or defense. The attorneys' fees award will not be computed in accordance with any court fee schedule, but will be such as to fully reimburse all attomeys' fees reasonably incurred.

  • 23. Counterparts/Facsimile Signatures. This Contract may be executed In any number of

  • i counterparts, using facsimile signatures, each of which will be deemed an original, but all of which together will constitute one and the same Instrument.

,

  • 24. Interpretation. In the event an ambiguity or question of intent or Interpretation arises, this

Contract will be construed as H drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Contract.

~ I Client: Date: Au eU,s-f =1. &ODK I I i I Nolices lO be sent
~
I
Client:
Date: Au eU,s-f =1. &ODK
I
I
i
I
Nolices lO be sent ta:
I
I
I
I
I

I

~

  • i GRD, Corp. Project 1143032008

Executed on Date: June 25, 2008

6

Consultant: Signature: ._ ·:.,~~t¥------- ~ftp1J Printed Name: 'JUf>/ ,J, COO Title: C{1-fjob Date: Nodc;a_to be sent
Consultant:
Signature:
._
·:.,~~t¥-------
~ftp1J
Printed Name: 'JUf>/ ,J,
COO
Title:
C{1-fjob
Date:
Nodc;a_to be sent _m:
;re.~;(S@' ~ltD~fZP. C~M
LA\JRI Es-!~ltD<:~>RP, G41'-\
tvl~b~~Dut!P, CDf-1
without the approval of Consultant. This Contract may not be assigned by Consultant without the prior

·-----·-· -······-·-

without the approval of Consultant. This Contract may not be assigned by Consultant without the prior
....__.. 1·~ \- ;;1 INNKEEPERS USA SO Cocoanut Row Suite200 Palm Beach, FL 33480 (561) 835-1800

....__..

1·~ \- ;;1
1·~
\-
;;1

INNKEEPERS USA

SO Cocoanut Row

Suite200

Palm Beach, FL 33480 (561) 835-1800 (561) 659-7318 fax

Shipped From;

GLOBAL RESTAURANT DESIGN, CORP

31368 VIA COLINAS

SUITE#108

WESTLAKE VILLAGE CA 91362

() ·~- Purchase Order
()
·~-
Purchase Order
 

Purchase

20617

Order No.

Page:

1

Order Date:

Oct/16/2008

Requested Date:

Oct/1612008

Ship To:

Freight:

 

ONTARIO HILTON

Attn: General Manager

700 North Haven Avenue!

OntarloCA

PH ; Fax: PH: 973 539~7300 Email: Extended Line No. Description: Ordered: UOM: Unit Price: Price
PH ;
Fax:
PH: 973 539~7300
Email:
Extended
Line No.
Description:
Ordered:
UOM:
Unit Price:
Price :
.0100
2.000
GLQ-HlLTON ONTARIO OESIGN
PROPOSAL & SALES AGREEMENT
718806
EA
71,880.65
#01081908R1-LOBBY COFFEE BAR.
Nat 31'> !:lays
Supplier
Tetms;
135945
Sales T~x:
Total:
$71,880.65
Dellvo
:
Purchasing Agent:
125233
IRENE MARINO
lmarfno@fnnkeepersuse.com
Phone No. 561
-
227-1362
....__.. 1·~ \- ;;1 INNKEEPERS USA SO Cocoanut Row Suite200 Palm Beach, FL 33480 (561) 835-1800

,.

......

,,_,,_,. ._.

,

...

,

,. ...... ,,_,,_, . ._. , ... , ) ·~~--: · .· · Globa, ; .
,. ...... ,,_,,_, . ._. , ... , ) ·~~--: · .· · Globa, ; .

)

·~~--: · .· · Globa,

;

.

••

.

..

Be.Sta'UrantDpslgnf

Corp.

'REiSTAURAN.f; I<JTOHEN ANO'tAONDRY. CONSCILTANTS

b:I:C:~. 31388'.\lta ·~unas., Suite 108,. ~esdake.VUJage, ca. 91382

.

~~

Ph:'(B1B).70G.ma

..

Fax: (818)·706-7701·•Web: www.grdr:os:p.corra

PROPOSAL AN:D SALES AGREEMENT

0~ TE.:

August 19. 2008 Rev. Octabcl·9. 2008

Pr·oposal No.Ol0f!I908Rl

SOLD TQ:

lnnkc.-

epers

'USA

~11.: HHron HOI¢1- Olltario

340 R.ayqJ Potncinnn Way. Suite 306

700 Nonh Haven A \'e.

P:·tlm 'Beach. f:lorJdn 33480

Ontario. C'\ 91764

Atm: Jerry Morgan

 

lln4cn;ignccf Sc:llcf fl~Nb)' 1$41:118 ood wufl!rs~uod BU)·t.-r hcn:hy (lllh:ltil~(,~. wbjc:cl In lho ra:rallS ond '-'UI\<lirinn:; 1-hm.·ln:sftc:r ~• f(mb. 1l1e

n\ctthandiliC d~rl~ bc:luw df~rctinancr rcli!m:d to os M"-n:lmndiJA: 1

ITEM r NO. QTY DESCRIP1JON UNFr PRICEf TOTAL -./4 1 UNDER COUNTER REACH:.JN. REFtRIGERATOR ·-- 2.056.69
ITEM
r
NO.
QTY
DESCRIP1JON
UNFr PRICEf
TOTAL
-./4
1 UNDER COUNTER REACH:.JN. REFtRIGERATOR
·-- 2.056.69
2,058.69
....
Vs
1
,
tlNDeRBAR STORAGE CABJNE:r WORKBOARO
BLENDER'·STATIQN
691.3!
891.31
~
774.56
7.74.56
,ra:-:
~--·---
1
WORK BOARD ICE·BlN C0CKT~J:
..
§
..
iATJON
--
1.993.so I
1.993~0
010-
I
1 $EALED JN.COLO 'PLATE
397.69
397.69
/11
1
UNOE~BAR WORKBOARO
467.44
467.44
v12
1
UNDERBAR SfNK WORKBOARD
-
1 357.31 ..
1.357.31
v-"13
48~.44 1.
1 .\JNDERBAR W~RKBOARD
467:14 .....
v
I
I
14
1
WORKBQARe ICE BIN CQCKTAJL STATION
...
1 .993.50
1.993.50
.
./ 16
1 tsEALED iN 'C'OLD PLA!§ __
-
397,EIS
397.69
-
.I 17
6ss.s2 _J
·6as.a2
1
BLENDER 'STATION
-
~
./19
1
WORI<BOARD UNOERBAR STORAGE CABINET
691.31
691.31
---··
I
/20
1
UNDERBAR HAND·SINK UNIT-
s12.2s
Sj225
t:iJ24
1
BEER DISPENSf~G T~R HEAD .UNIT
1.272.94
1.272.i1 ._
.....
I
25
1
DRAFT BEER COOI:.ER'(W/sfandard and extended w~rantie&l
5,404.63
i
5.404:63
..
f?1_26
1 BEVERAGE DRIP TRAY 1B.QUGH
~~.50
139.50
./JO
-
1
REFRIGERATED BACKSAR ST.ORJtGS CABIN§!
..
.....
....
2 ..7S8.1.a..
2.788.42
./2oo r--.1-.
irHREE {~) COM9ARTMENJ SINK
- 2.636.2-9
~.636.29
J203
1 RSFRJGERAiED.CJEll DISPli\Y CASE
10.175.62
1QJ75.62
J2j3
1 DIPPERWELl
102.46
~
~18
1
REACH
IN UNDERCOUNTeR·REFRIGERATOR
...
1.735.45
1,735.45
./219
1 REF.RIGERA TION:SYSTEM (PART OF ITEM #218)
233.21 233.2.1
I
0220
1
IN COLO FOOO PAN-
390.00
590.00
..
.1"221
1 HAND SINK
-·-
337.50
337.50
/223
..L
DROP-IN
fCE.& WATER-UNIT
...
-
927.00
927.QJL_
/232
1
DROP-IN SJNK
400.67
. 400.67
-
V3M
___
2 B_OUNO PLATE DJSH.~SPSNSERS
......
!g_S.OO
852:_Qg_
<hos
4 ELECTRIC JNDUCTjON RANGES
,
1.866.25
7,495.00
..
/_
3141·
DROP-IN COlO FOOO·PAN
2,318.75
2.3:t8.7'5
~315
1 ROUND PLAT.S OISH DISPENSERS
2.95:0()
295~00

Hlllou Hord Ur&w••o

,. ...... ,,_,,_, . ._. , ... , ) ·~~--: · .· · Globa, ; .
,. ...... ,,_,,_, . ._. , ... , ) ·~~--: · .· · Globa, ; .

••• r

•'

.

B 10 (OfticiaJ Form 10} (04/10) PROOF OF CLAIM UNITED STATES BANKRUPTCY COURT 0 Name of
B 10 (OfticiaJ Form 10} (04/10)
PROOF OF CLAIM
UNITED STATES BANKRUPTCY COURT
0
Name of Debtor:
Case Number:
KPA HI Ontario LLC
10-13794
NOTE: This form should not be used to make a claim for an administrative expense arising after the commencement of the case. A request for payment of an
administrative
exoense may be filed pursuant
to I I U.S. C. 9 503.
Name of Creditor (the _persc;m or other entity to whom the debtor owes money or property):
0 Check this box to indicate that this
Global Resaurant Des1gn
claim amends a previously filed
Name and address where notices should be sent:
claim.
Global Restaraunt Design
C/0 Law Offices of Edward P. Kerns
5743 Corsa Ave., #116
Court Claim Number:
_
(If known)
Westlake Telephone numoer: Villaae. CA 91362
Filed on:
_
818 707-0370
Name and address where payment should be sent (if different from above):
0
Check this box ifyou are aware that
anyone else has tiled a proof of claim
relating to your claim. Attach copy of
statement giving particulars.
0
Telephone number:
Check this box ifyou arc the debtor
or trustee in this case.
5.
I.
Amount of Claim as of Date Case Filed:
~12~9~6~0~4~3~9
If all or part of your claim is secured, complete item 4 belqw; however, if all of your claim is unsecured, do not complete
item
4.
·
·
•'
·· ·.
_.._
,,
~.
Amount of Claim Entitled to
Priority under II U.S.C. §507(a). If
any portion of your claim falls in
one of the following categories,
check the ·box and· state the
amount.
Ifall or part of your claim is entitled to priority, complete item 5.
SpecifY the priority of the claim.
; J Check this box if claim
includes interest or other charges in addition
to
the principaJ amount of claim. Attach itemized
statement of interest or charges.
l1 Domestic support obligations under
II
U.S.C. §507(a)( I}(A} or (a)(I)(B).
2.
Oasis for Claim: Goods and Services
(Sec instruction #2 on reverse side}
I]
Wages, salaries, or commissions (up
3.
l
asr
four digits ofany number by which creditor identifies debtor:
_
to $1 I ,725*) eamcd within 180
before filing of the bankruptcy
days
Ja. Debtor may have s<:heduJcd account as:--------
(Sec instruction #3a on reverse side.)
4.
Secured Claim (See instruction 1#4 on reverse side.)
Check the appropriate box ifyour claim is secured by a lien on property or a right of setoff and provide the requested
petition or cessation of the debtor's
business, whichever is earlier- 11
U.S.C. §507 (a)(4).
information.
[.1 Contributions to an employee benctil
plan- II U.S.C. §S01 (a)(S).
Nature of property or right of setoff:
0 Motor Vehicle
ll Other
rJ Real Estate
Describe:
0
Value of
Annual Interest Rate
%
Up to $2,600* of deposits toward
purchase, lease, or rentaJ of property
or services for personal. family, or
household use- 11 U.S.C. §507
Amount of arrearage and other charges as of time case filed included in secured claim,
(a)(7).
if
_____
Basis for perfection:--------
0
Taxes or penalties owed to
governmental units-11 U.S.C. §S01
Amount
_
Amount of Secured
_
(a)(8).
6. Credit'i: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
0
Other- SpecifY applicable paragraph
of I I U.S.C. §507 (a)U.
7: Documents: Attach redacted copies of any documents that support the claim, such as promissory notes. purchase
orders. invoices. itemi7.ed statements of running accounts. contracts, judgments, mortgages, and security agreements.
You may also attnch a summary. Attach redacted copies of documents providing evidence of perfection of
a security interest. You may also attach a summary. (Seu Instruction 7 and deftnttton of "redacted" on rel)erse side.)
Amount entitled to priority:
$
_
DO NOT SEND ORIOINAL DOCUMENTS. A'ffACHED DOCUMENTS MAY BE DF
STROYED
AFTER
•Amounts are subject to adjr~slmenl on
411113
and every 3 years thereafter with
SCAN NINO.
respect to cases commenced on or after
If the documents are not available, please explain:
the date of adjustment.
FOR COURT USE ONLY
I
FILED
.
Date: /O -t$ r~~nature: The person filing this claim must sign it. Sign and print name and titl.e, i:any, of the creditor. or
_ other person authorized to file this claim and state address and telephone number tf dtfferent from the not1ce
L---~-----'~dde s above. Attach copy ofpowe~ofattorricy, if
.
.
_
.
..
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OCT 20 2om
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·-
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B lO (Official Fonn 10) (04/lO)

PROOF OF CLAIM UNITED STATES BANKRUPTCY COURT 0 Name of Debtor: Case Number: Grand Prix Ontario
PROOF OF CLAIM
UNITED STATES BANKRUPTCY COURT
0
Name of Debtor:
Case Number:
Grand Prix Ontario Lessee LLC
10-13881
NOTE: This form should not be used to make a claim/or an administrative expense arising after the commencement of the case. A request for payment ofan
administrative expense may be filed f)ursuanrro I I U.S. C. § 503.
Name of Creditor {the _pers~n or other entity to whom the debtor owes money or property):
0 Check this box to indicate that this
Global Resaurant Design
claim amends a previously tiled
Name and address where notices should be sent:
claim.
Global Restaraunt Design
C/O Law Offices of Edward P. Kerns
Court Claim
_
(If known)
5743 Corsa Ave., #116
Westlake Villaae. CA 91362
Telepnone numoer:
Filed on:
_
818 707 ·0370
Name and address where payment should be sent {if different from above):
fJ Check this box if you are aware that
Myone else has tiled a proof of claim
relating to your claim. Attach copy of
statement giving particulars.
Telephone number:
U Check this box if you are the debtor
or trustee in this case.
1.
Amount
of Claim as of Date Case Filed:
$
~1~2~9~60~4~3~9
S.
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete
item4.
If all or part of your claim is entitled
...
Amount of Claim Entitled to
Priority under 11 U.S.C. §507(a). If
any portion of your claim falls In
one of the following categories,
check the box and state the
amount.
I. I Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
Spccizy the priority of the claim.
1-.....-~-!"'"--~~-=--~~-~--------------------------1
0
Domestic support obligations under
2.
Basis for Claim: Goods and Services
II U.S.C. §507{a){I)(A) or (a){I)(B).
(Sec instruction #12 on reverse side.)
0
3.
Last four digits ofany number by whith creditor identifies debtor: __
Ja. Debtor may have scheduled account as:--------
(Sec instruction 1/Ja on reverse side.)
4.
Secured Claim {Sec instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on propeny or a right of setoff and provide the requested
information.
Wages, salaries, or commissions (up
to $1 1,725"') earned within 180 dnys
before filing of the bankruptcy
petition or cessation of the debtor's
business, whichever is earlier- 11
U.S. C. §507 (a}{4).
CJ
Contributions to an employee bene tit
plan- I I U.S.C. §507 (a}(S).
Nature of property or right of setoff:
[I Real Estate
IJ Motor Vehicle
Ll Other
Describe:
0
Value of
_______
Annual Interest
%
Up to $2,600• of deposits toward
purchase, lease, or rental of property
or services for personal, family, or
household use - II U.S.C. §507
Amount of arrearage and other charges as of time case filed included in secured claim,
(a)(7).
if any:$ .______
_
Basis for perfection:
_
0
Taxc:s or penalties owed to
governmental units- II U.S.C. §507
Amount of Secured Claim:$
_
Amount Unsecured:$
_
(a)(8).
6.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
0
Other- SpecifY applicable paragraph
of II U.S.C. §507 (a)U.
7.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase
orders. invoices, itemized statements of running accounts, contracts, judgments, mortgages, Md security agreements.
You may also attach a summaJy. Attach redacted copies of documents providing evidence of perfection of
a security intcrcsL You may also attach a summary. (See Instruction 7 and definition ()j "redacted" on reverse side.)
Amount entitled to priority:
_
DO NOT SEND ORIGINAL DOCUMENTS. A'IT ACHED DOCUMENTS MAY BE DESTROYED AFTER
SCANNING.
If the documents arc not available, please explain:
•Amounts are subject to adjuslmenl on
411113 and every 3 years thereafter with
ruspectlo cases commenced on or after
the date ofadjustment.
I Date: /o'-ISt ~~~~ature: The person filing this claim must sign it. Sign and print name and title, if My, of the creditor or
I other person authorized to file this claim and state address and telephone number if different from the notice
L-----~-/-/- 1
-'/ /'addrc1rcss above. Attach copy of power of attorney, if any.
ar~
;.:=;.:t.vJ4<t,:J
I< 12 ;w s
OCT 20 ~' '
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F-ZJ-<.
(. A./[/) I
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Penalty for presenrrJ"'"'

" i r~ ~/$500,000 or imprisonment for up to 5 years, or both. 18 u.s.c. §,dPt1.'81. ~inkruptcy Court

·~"thP.rh Oistrir.tnfNewYork

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Omni Management Group Claims Agent For Innkeepers USA Trust, et al. 16161 Ventura Blvd., Suite C, PMB # 606 - Encino, CA 91436 Telephone (818) 906-8300- Facsimile (818) 783-2737

Acknowledgement of Receipt of Proof of Claim

GLOBAL RESTAURANT DESIGN C/0 EDWARD KERNS LAW OFFICES OF EDWARD P. KERNS

  • 5743 CORSA AVE •• #116

WESTLAKE VILLAGE, CA 91362

We have received your proof ofc.laim for the case(s) referenced below.

Debtor Name(s) I Case No(s):

Date Claim Filed:

Assigned Claim No:

Creditor ID No:

Total Amount Claimed:

Innkeepers USA Limited Partnership ( 10-13 794)

Wednesday, October 20,2010

737

$129,604.39

Class

Amount Claimed

Comments

UNS

$129,604.39

Total:

$129,604.39

For additional information regarding the above referenced bankruptcy cases, please visit our website at http://www.omnimgt.com.

-~

B 10 (Official Form 10) (04/10)

UNITED STATES BANKRUPTCY COURT

0

 

PROOF OF CLAIM

     

Name of Debtor:

Case Number:

   

Innkeepers USA Limited Partnership

10-13794

NOTE: This form should not be used to make a claim for an administrative expense arising after the commencement ofthe case. A request for payment ofan

   

administrative expense may be filed pursuant to I I

U.S. C. § 503.

Name of Creditor (the _pers~n or other entity to whom the debtor owes money or property):

Global Resaurant Des1gn

[1 Check this box to indicate that this claim amends a previously tiled

   

Name and address where notices should be sent:

claim.

Global Restaraunt Design

Court Claim Number:

 

_

C/0 Law Offices of Edward P. Kerns 5743 CorsaAve., #116 Westlake Villaae. CA 91362

(If known)

 

Telephone numoer:

Filed on:

818 707-0370

 

_

Name and address where payment should be sent (if different from above):

0

Check this box if you are aware that anyone else has tiled a proof of claim relating to your claim. Attach copy of statement giving particulars.

   

Telephone number:

[) Check this box if you are the debtor or trustee in this case.

 

I.

Amount or Claim ns of Date Case Filed:

$

S.

Amount of Claim Entitled to

   

Ifall or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete

Priority under II U.S.C. §507(a). If any portion or your claim falls in

item4.

one of the following categories,

·

...

d

 

If all or part ofyour claim is entitled to priority; complete item 5.

check the box and state the amount.

 

n Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized statement of interest or charges.

Specify the priority of the claim.

  • 0 Domestic support obligations under

 
  • 2. Basis for Claim:

Goods and Services

11 U.S.C. §507(a)(1)(A) or (a)(I)(B).

{Sec instruction #12 on reverse side}

 
  • 3. Last four digits of any number by which creditor identifies debtor:

____

  • 0 Wages. salaries, or commissions (up

petition or cessation of the: debtor's

 

ln. Debtor may have scheduled account as:-------- {See instruction #3a on reverse side.)

to $11, 725•) earned within J 80 days before filing ofrhe bankruptcy

  • 4. Secured Claim {Sec instruction #4 on reverse side.) Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested

business, whichever is earlier- 11 U.S.C. §507 (a)(4).

information.

  • 0 Contributions to an employee benefit plan- II U.S.C. §501 (a)(5).

Nature of property or right ofsetoff:

[) Real Estate

U Motor Vehicle

0 Other

 

Describe:

  • 0 Up to $2,600* of deposits toward purchase» lease, or rental of property (a)(7).

 

Value of

Annual Interest Rate

%

Amount of arrearage and other charges as of time case filed included in secured claim,

or services for personal, family, or household use- 11 U.S.C. §507

if any:

Basis for perfection:--------

IJ Taxes or penalties owecJ to

(a)(8).

Amount of Secured Claim:

_

Amount

_

governmental units- 11 U.S.C. §507

  • 6. Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.

CJ Other- Specify applicable paragraph

 
  • 7. Documents: Attach redacted copies of nny documents that support the claim. such as promissory notes, purchase

of 11 U.S.C. §507 (n)U.

orders, invoices. itemized statements of running accounts, contracts, judgments, mongages, and security agreements. You may also attach a summary. Anach redacted copies of docum~;nts providing evidence of perfection of

Amount entitled to priority:

 

n security intcresL You may also attach a summary. (See instruction 7 and definition of "redacted" on reverse side.)

 

_

DO NOT SEND ORIOINAL DOCUMENTS. AlTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNINO.

•Amounts are subject to adjustment on 4/II 13 and ovary 3 years thereafter with

 

.

.

 

If the documents are not avatlable, please explatn:

respect to cases commenced on or after the date of adjustment.

 

i t.O

I

Date: /0 -j$ Signature: The person tiling this claim must sign it. Sign and print name and title, if any, of the creditor or

other person authorized to file this claim and state address and telephone number if different from the notice

'---------'

m/ ~ i!Tbove. Attach copy of power of a. ttomey,

 

FOR COURT USE ONLY

FILED

   

if any.

.

.

..

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/.:.J~t)<.J;LiJ /(£J<,J.S I uflarlf& ~ r (. : ~JI-'( .....

:;,

 

OCT 20 2010

 

~nf

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""-:I'll

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Penally for presenttng.fr~.~Of IP TOO or imprisonment for up to 5 years, or both. 18 u ssm ~non

For U.S. Bankruptcy Court

~outhem Oistrirt nfNrw Yor~

B 10 (Official Form 10) (04/10) UNITED STATES BANKRUPTCY COURT 0 PROOF OF CLAIM Name of

-+

B 10 (Official form 10) (04/10)

PROOF OF CLAIM UNITED STATES BANKRUPTCY COURT 0 Name of Debtor: Case Number: Innkeepers USA Trust
PROOF OF CLAIM
UNITED STATES BANKRUPTCY COURT
0
Name of Debtor:
Case Number:
Innkeepers USA Trust
10·13854
NOTE: This form should not be used to make a claim for an administrative expense arising after the commencement of the case. A request for payment of an
administrative
eXPense may be flied pursuant to 11
U.S. C. § 503.
Name of Creditor (the _pers~n or other entity to whom the debtor owes money or property):
0 Check this box to indicate that this
Global Resaurant Design
claim amends a previously filed
Name and address where notices should be sent:
claim.
Global Restaraunt Design
Court Claim Number:,
_
C/0 Law Offices of Edward P. Kerns
(If known)
5743 Corsa Ave., #116
Westlake Telephone numoer: Villaae. CA 91362
Filed on:
_
818 707-0370
Name and address where payment should be sent (if different from above):
0
Check this box if you are aware that
anyone else has
filed a proof of claim
relating to your claim. Attach copy of
statement giving particulars.
Telephone number:
n
Check this box if you are the debtor
or trustee in this case.
I.
Amount
of Claim as of Date Case Filed:
$
~1-29~6~0~4~3~9
5.
If all or pan of your claim is secured, complete item 4 below; however, if all ofyour claim is unsecured, do not complete
item4.
. i·
If all or part ofyour claim is entitled to prioiiiy, comple.te itein 5.
'
·.
: .....
'=
,.
··
~
!
Amount of Claim Entitled to
Priority under 11 U.S.C. §507(a). If
any portion of your claim falls in
one of the following categories,
check the box and state the
amount.
(I Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
Specify the priority of the claim.
statement of interest or charges.
1-!~~~~~=---:~-:"',_,-.~--:---------------------------1 lJ
2.
Basis for Claim: Goods and Services
Domestic II U.S.C. support §507(a)(l)(A) obligations or (a)(I)(B). under
(Sec instruction ##2 on reverse side.)
3.
Last four digits of any number by which creditor identifies debtor: __
Ja. Debtor may have scheduled account as:--------
(Sec instruction ##3a on reverse side.)
4.
Secured Claim (Sec instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
1:1 Wages, salaries, or commissions (up
to $ JJ, 725•) earned within 180 days
before filing of the bankruptcy
petition or cessation of the debtor's
business, whichever is earlier - 11
U.S.C. §507 (a)(4).
information.
0
Contributions to an employee benefit
plan- II U.S.C. §507 (a)(S).
Nature of property or right of setoff:
r:J Real Estate
n Motor Vehicle
0 Other
Describe:
[J
Value of
_______
Annual Interest
%
Up to $2,600• of deposits toward
purchase, lease, or rental of property
or services for personal, family, or
household use-11 U.S.C. §507
Amount of arrearage and other charges as of time case filed included in secured claim,
(a)(7).
If any:
_
Basis for perfection:--------
Amount of Secured
Amount Unsecured:$
_
Ll Taxes or penaltic:s owed to
governmental units -II U.S.C. §507
(a)(S).
6.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
IJ
Other- SpecifY applicable paragraph
of II U.S.C. §507 (a)U.
7.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase
orders, invoices, itemized statements of running accounts, contracts, judgments. mortgages, and security agreements.
You may also attach a summary. Attach redacted copies of documents providing evidence of perfection of
a security interest. You may also attach a summary. (See instruction 7 and definition of "redacted" on reverse side.)
Amount entitled to priority:
$
_
DO NOT SEND
SCANNING.
ORIGINAL DOCUMENTS. ATf ACHED DOCUMENTS MAY BE
DESTROYED AFTER
If the documents are not available, please explain:
• Amounts are subject to adjustment on
41/113 and every 3 years thereafter with
respect to cases commenced on or after
the date of adjustment.
FOp.<Rt.p:r~E ONLY
I
~ate.
j 0·-/S~-f 0
Signature: The person tiling this claim must sign it. Sign and print name and title. if any, of the creditor or
r I Lr:: IJ
'-·
_,_ other person authorized to tile this claim and state address and telephone number if different from the notice
£Y~dres above. At~,ch copy of power of attorney,
if any.
.
,
OCT 20 2010
&~/'
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/<i£.tt,~s ,<]f/r:"·"'rtt:J Vv/' C ('c'-P~ ~)."
'lf'
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Penalty for~~g~ ~ e1 Pfiup to $500,000 or imprisonment for up to S years, or
both.
18 u.s.c
..
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[~
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t
'outhern Oistrict nfNew York
~
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3-8

Re: Innkeepers/ Global Restaurant Design Claims 732, 736, 737 and 738

5!11/11 7:57AM

From: Jonathan Zinman <jzinman@kirkland.com> To: edwardkerns <edwardkerns@aol.com> Subject: Re: Innkeepers/ Global Restaurant Design Claims 732, 736, 737 and 738

Date:

Tue, May 10, 2011 9:31 pm

Thank you for the detailed message, Ed. I have forwarded this along to our restructuring advisors and I will discuss with them as soon as they have been able to look into your claims. Let's talk at the end of the week.

Jonathan Zinman I Associate I Kirkland & Ellis LLP Citigroup Center I 601 Lexington Avenue I New York, NY 10022 212-446-4852 Direct I 212-446-6460 Fax I jzinman@kirkland.com

Admitted to Practice in New York

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the U.S. Internal Revenue Service, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein.

edwardkerns@aol.com

05/10/2011 02:43 PM

Dear Jonathan:

To jonathan.zinman@kirkland.com

cc

Subject Innkeepers/ Global Restaurant Design Claims 732, 736, 737 and 738

I know you are very busy and it is difficult to address the phones calls you must be deluged with.

I will try and make this easy for both of us by providing you with the relevant records.

Global holds a judgment in its favor against both Innkeepers USA and KPA Ontario HI LLC. I also attach the Abstract documents showing the abstract recorded in Palm Beach County.

The judgment is attached.

The judgment was made joint and several as to Innkeepers and KPA. P.O. and KPA received the benefit of the contract work and materials.

Innkeepers was obligated under the contract and

The judgment was based upon a PURCHASE ORDER issued directly from Innkeepers USA and executed on behalf of Innkeepers USA, and a contract for consulting prepared and issued by Innkeepers USA. Copies of those are attached as well.

Global filed four claims.

Those were designated on the claims register as 732, 736, 737 and 738.

Copies of the Proofs of Claim and the Acknowledgements of Receipt of Proofs of Claim are also attached.

You will note when comparing the Proofs to the Acknowledgements, that the Debtor's names on the Acknowledgements do not necessarily match those stated on the Proofs themselves.

Referencing page 8 of Schedule 1 of the objection to claims, you appear to be objecting to ALL FOUR claims as being redundant.

Please review and explain what you are objecting to and why Global should not have a claim in both the Innkeepers

http://mall.aol.com/33668-lll/aol-6/en-ustmaii/PrintMessage.aspx

Page 1 of 2

Re: Innkeepers/ Global Restaurant Design Claims 732, 736, 737 and 738 5!11/11 7:57AM From: Jonathan Zinman

Re: Innkeepers/ Global Restaurant Design Claims 732,

736, 737 and 738

5/11/11 7:57AM

general class and the KPA HI Ontario LLC class, or at least one claim in whichever class results in the greater recovery.

Thank you

Ed Kerns

Cell 818 359-4400[attachment "Judgment.pdf' deleted by Jonathan Zinman/New York/Kirkland-Ellis] [attachment "Abstract Florida.pdf' deleted by Jonathan Zinman/New York/Kirkland-Ellis] [attachment "Purchase Order.pdf' deleted by Jonathan Zinman/New York/Kirkland-Ellis] [attachment "Contract.pdf' deleted by Jonathan Zinman/New York/Kirkland-

Ellis] [attachment

"Prrofs of Claim. pdf' deleted by Jonathan Zinman/New York/Kirkland-Ellis]

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Page 2 of 2

Re: Innkeepers/ Global Restaurant Design Claims 732, 736, 737 and 738

From: edwardkerns <edwardkerns@aol.com>

5/12/119:21 AM

To: jzinman <jzinman@kirkland.com> Subject: Re: Innkeepers/ Global Restaurant Design Claims 732, 736, 737 and 738

Date:

Thu, May 12, 2011 9:20 am

Yes

On behalf of creditor Global Restaurant Design, we agree to receive a ballot only for KPA HI Ontario LLC.

Thank you for your help on this one.

Best Regards,

Ed Kerns

-----Original Message-----

From: Jonathan Zinman <jzinman@kirkland.com> To: edwardkerns <edwardkerns@aol.com>

Sent: Thu, May 12, 2011

5:11

am

Subject: Re: Innkeepers/ Global Restaurant Design Claims 732, 736, 737 and 738

Confirmed. Please confirm you agree to receive a ballot only on behalf of KPA Ontario.

Jonathan Zinman I Associate I Kirkland & Ellis LLP Citigroup Center I 601 Lexington Avenue I New York, NY 10022 212-446-4852 Direct I 212-446-6460 Fax I jzinman@kirkland.com

Admitted to Practice in New York

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the U.S.·Internal Revenue Service, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein.

edwardkerns@aol.com

05/12/2011 12:08 PM

To jzinman@kirkland.com

cc

Subject Re: Innkeepers/ Global Restaurant Design Claims 732, 736, 737 and 738

Per our discussion, Please send a note indicating that the Global Restaurant claim against Innkeepers and KPA will be left open for now.

Thanks

Ed Kerns

-----Original Message-----

From: Jonathan Zinman <jzinman@kirkland.com> To: edwardkerns <edwardkerns@aol.com>

Sent: Wed, May 11, 2011

12:56 pm

http://mail.aol.com/33668-lll/aol-6/en-us/maii/PrintMessage.aspx

Page 1 of 4

Re: Innkeepers/ Global Restaurant Design Claims 732, 736, 737 and 738 From: edwardkerns <edwardkerns@aol.com> 5/12/119:21 AM