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12-50073-lmc Doc#267 Filed 06/27/12 Entered 06/27/12 11:38:49 Main Document Pg 1 of 3

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

INRE:
DELTA PRODUCE, L.P., DEBTOR.
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CASE No. 5:12-BK-50073-LMC (CHAPTER 11) JOINTLY ADMINISTERED

AMENDED SUPPLEMENTAL MOTION TO COMPROMISE CLAIM OF HENRY AVOCADO, CORP.

Delta Produce, L.P. ("Delta"), through its Special P ACA Counsel files this Amended Supplemental Motion to Compromise Claim, and in suppmi thereof, states as follows: 1. Delta's Motion for Compromise [D.E. no. 220] noted that the offset claim

asse1ied by Henry Avocado, Corp. ("Henry") remained in dispute and recommended submitting the issue for trial. 2. the dispute. 3. The pmiies mutually acknowledge and agree that: a. Henry has asse1ied a valid PACA claim against Delta in the amount of $50,847.47 [Claim no. 52]; b. Delta has asserted a valid setoff claim against Henry in the amount of $82,927.25; c. Henry's valid P ACA claim for principal and interest is satisfied as a credit against Delta's valid setoff claim;
Debtors are the following entities: Delta Produce, L.P.- Case No. 12-50073-LMC, Superior TomatoAvocado, Ltd.- Case No. 12-50074-LMC, Atled, Ltd.- Case No. 12-50075-LMC and Staci Properties, Ltd.- Case No. 12-50110-LMC.

The pmiies have subsequently negotiated in good faith and successfully resolved

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d. The residual amount of the setoff due and owing from Hemy to Delta is $32,079.78. 5. Hemy reserves its right to asse1i a claim for attorneys' fees pursuant to the Order

Establishing a Deadline to File PACA Trust Claims entered by this Comi on January 25, 2012 [D.E.no. 52]. WHEREFORE, Debtor, through Special PACA Counsel respectfully requests the Comi to enter an order to approve supplemental to the pmiies' compromise to the extent stated therein, and granting such other relief as may be appropriate under the circumstances DATED: June 27, 2012. Respectfully submitted, STOKES LAW OFFICE LLP 3330 Oakwell Court, Suite 225 San Antonio, TX 78218 Telephone (21 0) 804-0011 Facsimile (210) 822-2595 By: /s/ Craig A. Stokes Craig A. Stokes- SBN 19267700 cstokes@stokeslawoffice.com

Special PACA Counselfor Delta Produce, L.P.


CERTIFICATE OF SERVICE I hereby certify that on the 2i11 day of June, 2012, I electronically filed the foregoing Amended Supplemental Motion to Approve Compromise Claim of Hemy Avocado with the Clerk of the Comi using the CM/ ECF system which will send a notice of electronic filing to all pmiies of record. I further ce1iify that a copy of the foregoing pleading was mailed to all of Delta's produce creditors, listed in the Attached Exhibit A.

/s/ Craig A. Stokes Craig A. Stokes

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Averitt Brokerage Co., Inc. Mr. David Faubion 9999 Perrin Beitel, Suite B San Antonio, TX 78217 M & P Produce Co., Inc. Mr. Michael Lopez, Jr. 1500 S. Zarzamora Street, Unit 308 San Antonio, TX 78207

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EXHIBIT A