Case LSS Doc 1366 Filed 06/13/17 Page 1 of 3 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Chapter 11. Case No.

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1 Case LSS Doc 1366 Filed 06/13/17 Page 1 of 3 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 Case No (LSS) VRG Liquidating, LLC, et al., Debtors. (Jointly Administered) Objection Deadline: June 13, 2017 at 4:00 pm OBJECTION OF CHARLES RIVER REALTY, AS AGENT FOR NASHUA 281 REALTY VENTURES, LLC AND THE ALEVIZOS GROUP, AS AGENT FOR FRANKLIN SHOPPERS FAIR, INC. TO DEBTORS SECOND (2 nd ) NOTICE OF SATISFACTION OF CERTAIN FULLY SATISFIED CLAIMS (DOCKET NO. 1349) Charles River Realty, as agent for Nashua 281 Ventures, LLC and the Alevizos Group, as Agent for Franklin Shoppers Fair, Inc. (the Landlords ), by and through their counsel, hereby files the following Objection to the above-captioned debtors (the "Debtors") Second (2 nd ) Notice of Satisfaction of Fully Satisfied Claims (the Notice ), and respectfully represent as follows: BACKGROUND 1. On April 18, 2016 (the Petition Date ), the above captioned Debtors filed voluntary petitions under chapter 11 of title 11 of the United States Code (the Bankruptcy Code ) with the Court. 2. Debtors are operating their businesses as debtors-in-possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. 3. Landlords and at least one of Debtors were parties to unexpired leases of nonresidential real property which were assigned to and assumed by the Buyer, pursuant to the , v. 2

2 Case LSS Doc 1366 Filed 06/13/17 Page 2 of 3 Sale Order and the Fifth and Seventh Assumption Orders (the Assumption Orders ), respectively. Debtors allege that based upon the Assumption Orders and pursuant to the Sale Order, and pursuant to 365(k) of the Bankruptcy Code, no amounts are due to the Debtors from the estate and as such request that claim nos and 1705 be deemed satisfied (the Claims ) 4. The Claims arise from reconciliation amounts for common area maintenance, utility charges and the like, which were not known at the time the leases were assumed. For example, regarding the Nashua, New Hampshire property (Claim No. 1701), Bob s Discount Furniture ( BDF ) is the primary tenant at the shopping center who maintains the common areas and then billed the Debtor for such services, pursuant to the Debtors lease. Apparently, Debtors representatives received invoices prior to assumption of the lease for electric, maintenance and other common area maintenance charges which the Debtors were obligated to pay under the lease. Instead of paying or notifying Charles River Realty of such amounts, the Debtor simply ignored such invoices. Accordingly, Charles River Realty has been left with uncured reconciliation charges for common area maintenance at the premises. 5. Further, the Leases provides for the recovery of reasonable attorneys fees and costs incurred in enforcing obligations under the Lease, which amounts were not paid. 6. Landlords reserve the right to file a supplemental objection to include any additional amounts which are discovered to be due, between the date of this pleading and the hearing date. JOINDER IN OBJECTIONS RAISED BY OTHER LANDLORDS AND RESERVATION OF RIGHTS 7. To the extent consistent with the objections expressed herein, Landlord also joins in the objections of other shopping center lessors to Debtors proposed relief. Further, Landlord reserves all rights to make further and/or future objections , v. 2

3 Case LSS Doc 1366 Filed 06/13/17 Page 3 of 3 WHEREFORE, Landlords respectfully request that Debtors requested relief be denied and for such other and further relief as the Court deems proper. JOHN R. WEAVER, JR., P.A. Attorney at Law Dated: June 13, 2017 By: /s /John R. Weaver, Jr. John R. Weaver, Jr. 831 N. Tatnall Street Wilmington, Delaware (302) (direct) jrweaverlaw@verizon.net and STARK & STARK A Professional Corporation Thomas S. Onder Joseph H. Lemkin 993 Lenox Drive Lawrenceville, NJ (609) (direct) (609) (main) (609) (facsimile) Attorneys for Charles River Realty, Agent for Nashua 281 Realty Ventures, LLC; and The Alevizos Group, Agent for Franklin Shoppers Fair, Inc , v. 2

4 Case LSS Doc Filed 06/13/17 Page 1 of 3 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 Case No (LSS) VRG Liquidating, LLC, et al., Debtors. (Jointly Administered) Objection Deadline: June 13, 2017 at 4:00 p.m. CERTIFICATION OF SERVICE OF THE OBJECTION OF CHARLES RIVER REALTY, AS AGENT FOR NASHUA 281 REALTY VENTURES, LLC AND THE ALEVIZOS GROUP, AS AGENT FOR FRANKLIN SHOPPERS FAIR, INC. TO DEBTORS SECOND (2 nd ) NOTICE OF SATISFACTION OF CERTAIN FULLY SATISFIED CLAIMS (DOCKET NO. 1349) John Weaver, Esquire hereby certifies that on the 13 th day of June, 2017, a true and correct copy of the Objection of Charles River Realty, as Agent for Nashua 281 Realty Ventures, LLC and The Alevizos Group, as Agent for Franklin Shoppers Fair, Inc. landlords/creditors (the Landlords ), to the above-captioned debtors (The "Debtors") Second (2 nd ) Notice of Satisfaction of Certain Fully Satisfied Claims (Docket No. 1349), was served upon the addressees listed on the attached service list in the manner indicated. JOHN R. WEAVER, JR., P.A. Attorney at Law Dated: June 13, 2017 By: /s /John R. Weaver, Jr. John R. Weaver, Jr. 831 N. Tatnall Street Wilmington, Delaware (302) (direct) jrweaverlaw@verizon.net , v. 2

5 Case LSS Doc Filed 06/13/17 Page 2 of 3 and STARK & STARK A Professional Corporation Thomas S. Onder Joseph H. Lemkin 993 Lenox Drive Lawrenceville, NJ (609) (direct) (609) (main) (609) (facsimile) Attorneys for Charles River Realty, Agent for Nashua 281 Realty Ventures, LLC; and The Alevizos Group, Agent for Franklin Shoppers Fair, Inc , v. 2

6 Case LSS Doc Filed 06/13/17 Page 3 of 3 SERVICE LIST Robert S. Brady, Esq. Robert F. Poppiti, Jr., Esq. Young, Conaway, Stargatt & Taylor, LLP 1000 North King Street Wilmington, DE Via CM/ECF & Fax (302) Lee R. Bogdanoff, Esq. Michael L. Tuchin, Esq. David M. Guess, Esq. Sasha M. Gurvitz, Esq. Klee Tuchin Bogdanoff & Stern LLP 1999 Avenue of the Stars, 39th Floor Los Angeles, CA Via CM/ECF & Fax (310) Jane M. Leamy, Esq. Office of the United States Trustee 844 King Street, Room 2207 Wilmington, DE Via CM/ECF & Jane.M.Leamy@usdoj.gov , v. 2