Sei sulla pagina 1di 6

1 2 3 4 5 6 7 8 9 10 11 12

KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 AVENUE OF THE STARS, 39TH FLOOR LOS ANGELES, CALIFORNIA 90067-6049 TELEPHONE: (310) 407-4000

LEE R. BOGDANOFF (State Bar No. 119542) JONATHAN S. SHENSON (State Bar No. 184250) DAVID M. GUESS (State Bar No. 238241) KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 Avenue of the Stars, 39th Floor Los Angeles, CA 90067 Telephone: (310) 407-4000 Facsimile: (310) 407-9090 Bankruptcy Counsel for Debtors and Debtors In Possession Debtors' Mailing Address 3411 N. Perris Blvd. Perris, CA 92571 National R.V. Holdings, Inc.'s Tax I.D. #XX-XXX-1079 National R.V., Inc.'s Tax I.D. #XX-XXX-5022

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION In re NATIONAL R.V. HOLDINGS, INC., a Delaware corporation; NATIONAL R.V., INC., a California corporation, Debtors. Case No.: 6:07-17941-PC Chapter 11 Jointly Administered with Case No.: 6:07-17937-PC NOTICE OF PROPOSED SALE OF CERTAIN CHASSIS No Hearing Required

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
103577.1

1 2 3 4 5 6 7 8 9 10 11 12
KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 AVENUE OF THE STARS, 39TH FLOOR LOS ANGELES, CALIFORNIA 90067-6049 TELEPHONE: (310) 407-4000

TO THE HONORABLE PETER H. CARROLL, UNITED STATES BANKRUPTCY JUDGE; THE OFFICE OF THE UNITED STATES TRUSTEE; COUNSEL FOR WELLS FARGO BANK, N.A., COUNSEL FOR THE OFFICIAL COMMITTEE OF

UNSECURED CREDITORS; AND ALL OTHER PARTIES ENTITLED TO NOTICE: PLEASE TAKE NOTICE that, on December 28, 2007, the bankruptcy court (the "Court"), presiding over the chapter 11 cases of the of the above-captioned debtors and debtors in possession (the "Debtors"), entered that certain "Further Order Granting In Part Emergency Motion of Debtors and Debtors in Possession for Authority to (1) Reconcile, Adjust, and Collect Accounts Receivable, (2) Sell Emission Reduction Credits Free and Clear of Liens, Claims, and Interests, and (3) Sell Inventory Free and Clear of Liens, Claims, and Interests (Including a Request for Specific Authority to Sell Eleven RVs Located in Kentucky)" [Docket #122] (the "Sale Order"). PLEASE TAKE FURTHER NOTICE that, pursuant to the procedures set forth in Paragraph 7 of the Sale Order, the Debtors shall, and do hereby, give notice of their intention to proceed with the sale (the "Sale") of any, some or all of the eight (8) bare chassis (the "Chassis") sold to the Debtors by Crest Chevrolet ("Crest"), some of which are subject to the reclamation demand made by Crest dated December 18, 2007 and with such sale to be consummated, if at all, by way of a public auction (the "Auction") pursuant to the terms and conditions set forth in that certain Auction Agreement, dated as of February 25, 2008, by and between the Debtors and BIDITUP Auctions Worldwide, Inc. (the "Auction Agreement") and the Order authorizing the Debtors to proceed with such sale(s) entered on the docket on March 3, 2008 (the "Order").[Docket # 288]1. PLEASE TAKE FURTHER NOTICE that attached hereto as Exhibit "A" is a list which identifies the Chassis by VIN number and invoice cost incurred by the Debtors (the

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1

The Auction Agreement expressly provides, in pertinent part, that the Debtors shall have the right to remove any chassis from the definition of Property and replace such removed chassis with another chassis, including, without limitation, any of the Chassis. Only if the Debtors choose to include any of the Chassis in the definition of "Property" in the Auction Agreement will they be sold as noticed herein.

1 2 3 4 5 6 7 8 9 10 11 12
KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 AVENUE OF THE STARS, 39TH FLOOR LOS ANGELES, CALIFORNIA 90067-6049 TELEPHONE: (310) 407-4000

"Invoice Cost") for each such chassis. PLEASE TAKE FURTHER NOTICE that, pursuant to Paragraph 8 of the Sale Order, the Chassis that are the subject of the proposed Sale shall be sold, free and clear of any and all liens, claims and interests; with any and all such liens, claims and interests of Wells Fargo Bank, N.A.. ("Wells Fargo") and any and all other entities, if any, to attach to the proceeds thereof with the same priority and validity existing as of the petition date. PLEASE TAKE FURTHER NOTICE that the Debtors believe, at best, only five of the eight chassis are subject to any reclamation demand made by Crest. Moreover, the Debtors contend they are entitled to sell the Chassis notwithstanding any reclamation demand made by Crest (assuming such demand was timely and properly made and otherwise enforceable) because any such demand made for such Chassis is subject to the prior rights of Wells Fargo which holds a security interest in and lien upon substantially all of the personal property of the Debtors including the Chassis to secure any and all obligations of the Debtors to Wells Fargo. Because the Debtors have obligations outstanding to Wells Fargo, the Chassis can be sold free and clear of any reclamation demand or claim. PLEASE TAKE FURTHER NOTICE that notwithstanding the foregoing, however, until the Court can adjudicate what interest or claim(s), if any, Crest has to the proceeds from the sale of any such Chassis, the Debtors are prepared to secure any such interest or claim(s) of Crest by escrowing the greater of (a) an amount equal to 60% of the Invoice Cost (the liquidation value assigned to such assets for purposes of determining the Guarantee Amount) for any such Chassis included in the Auction and (b) the amount of proceeds actually realized from the sale of any such Chassis at the Auction. PLEASE TAKE FURTHER NOTICE as set forth in the Sale Order, the Official Committee of Unsecured Creditors (the "Committee"), Wells Fargo and any other entity asserting a lien, claim or other interest on any of the subject Chassis shall have only ten (10) days from the date this Notice is served (i.e., until March 23, 2008) to object to the proposed Sale (the "Objection Period"), and the failure by any such party to object within the Objection Period shall be deemed a consent by such party to the Sale.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 2 3 4 5 6 7 8 9 10 11 12
KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 AVENUE OF THE STARS, 39TH FLOOR LOS ANGELES, CALIFORNIA 90067-6049 TELEPHONE: (310) 407-4000

PLEASE TAKE FURTHER NOTICE that any objection to the proposed Sale must be filed and served on the Debtors, counsel for the Committee, counsel for Wells Fargo, and all other parties included on the accompanying service list (the "Notice Parties"). All objections must be (i) made within the Objection Period, (ii) be in writing, and (iii) must briefly state the basis for the objection. The Debtors will endeavor to resolve any objection informally; however, if they are unable to do so promptly, the Debtors are authorized to seek relief from the Court to resolve any objection on a shortened-time basis.

DATED: March 13, 2008

/s/ David M. Guess DAVID M. GUESS, an Attorney with KLEE, TUCHIN, BOGDANOFF & STERN LLP Bankruptcy Counsel for Debtors and Debtors in Possession

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

NRVH, Inc. GMAC - WORKHORSE Chassis in Inventory

Description CHASSIS,208WB-22000GVWR,340HP,W22,ALM CHASSIS,208WB-22000GVWR,340HP,W22,ALM CHASSIS,208WB-22000GVWR,340HP,W22,ALM CHASSIS,208WB-22000GVWR,340HP,W22,ALM CHASSIS,208WB-22000GVWR,340HP,W22,ALM CHASSIS,208WB-22000GVWR,340HP,W22,ALM CHASSIS,228WB-22000GVWR,340HP,W22,ALM CHASSIS,228WB-24000GVWR,340HP,W24,ALM WH WH WH WH WH WH WH WH

S/N 83431517 83431524 83432118 83432119 83432120 83432121 83431798 83428987

Quantity 1 1 1 1 1 1 1 1 8

Unit Cost 26,268.55 26,268.55 26,268.55 26,268.55 26,268.55 26,268.55 26,374.00 29,974.48 213,959.78

Potrebbero piacerti anche