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2007-05-20 Bankruptcy Notice Henson &Efron 220 South Sixth Street, Suite 1800 Minneapolis, Minnesota 55402-4503 PROFESSIONAL ASSOCIATION Telephone (612) 339-2500 Facsimile (612) 339-6364 www.hensonefron.com firm@hensonefron.com Direct Dial (612) 252-2874 jnesset@hensonefron.com March 20, 2007 City of Albertville, Minnesota City Administrator Larry Kruse 5964 Main Avenue Albertville, MN 55301 RE: Edina Development Corporation Bankruptcy Case Number 06-42532 To Whom It May Concern: This office represents the Edina Development Corporation in the voluntary chapter 11 case it filed on November 1,2006. The case is captioned In re Edina Development Corporation, Bky. No. 06-42532 (Bankr. D. Minn.), and remains pending. Enclosed is a copy of the bankruptcy notice. Please contact us with any comments or concerns. Sincerely, HENSON & EFRON, P.A. ~ D- tJiWf ;{, Joel D. Nesset '/!-mh 1kmh/296731.DOC cc: Client (w/out encl) City Attorney Mike Couri Case Number 06-42532 - GFK UNITED STATES BANKRUPTCY COURT DI T T of District fMinne ta Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors, & Deadlines A chapter 11 bankruptcy case concerning the debtor Corporation listed below was filed on 11/1/06. You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. N TE: The staff of th ank tc cle k's offi ca t ive I al vice. Taxpayer ID/Employer ID/Other Nos.: 41- 825 1 Attorney for U S Trustee: MICHAEL E. RIDGWAY US Trustee Office 300 S 4th St Ste 1015 Telephone number: 612-664-5500 Meeting of Creditors Date: December 19, 2006 Time: 04:00 PM Location: US Courthouse, Rm 1017,300 S 4th St, Minnea oUs, MN 55415 Deadlines to File a Proof of Claim Proof of claim must be received by the bankruptcy clerk's office by the following deadline: For all creditors (except a governmental unit): 3/19/07 For a governmental unit: 4/30/07 Foreign Creditors A creditor to whom this notice is sent at a foreign address should read the information under "Claims" on the reverse side. to File a Co laint to Determine Dischar Creditors May Not Take Certain Actions: In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page www.mnb.uscourts.govorattheClerk.sOffice.301UnitedStatesCourthouse.300South4thStreet.Minneapolis.MN 55412. You ma be a creditor of the debtor. If so, ou will receive an additional notice from the court settin forth im ortant deadlines. Address of the Bankruptcy Clerk's Office: For the Court: 301 U.S. Courthouse Clerk of the Bankruptcy Court: 300 South Fourth Street Lori Vosejpka Minneapolis, MN 55415 Tele hone numb r: 61 -664- 200 Hours 0 en: Monda - Frida 8:00 AM - 5:00 PM Date: 11/21/06 FORM B9F(Chapter 11 Corporation/Partnership Asset Case) (10/05) EX LAN FORM B9F 00/05) Filing of Chapter 11 A bankruptcy case under Chapter 11 of the Bankruptcy Code (title II, United States Code) has been filed in this Bankruptcy Case court by or against the debtor(s) listed on the front side, and an order for relief has been entered. Chapter 11 allows a debtor to reorganize or liquidate pursuant to a plan. A plan is not effective unless confirmed by the court. You may be sent a copy of the plan and a disclosure statement telling you about the plan, and you might have the opportunity to vote on the plan. You will be sent notice of the date of the confirmation hearing, and you may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving, the debtor will remain in possession of the debtor's property and may continue to operate any business. Legal Advice The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in this case. Creditors Generally Prohibited collection actions are listed in Bankruptcy Code ~ 362. Common examples of prohibited actions include May Not Take Certain contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or Actions obtain property from the debtor; repossessing the debtor's property; and starting or continuing lawsuits or foreclosures. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. Meeting of Creditors A meeting of creditors is scheduled for the date, time and location listed on the front side. The debtor's representative must be present at the meeting to be questioned under oath by the trustee and by creditors. Creditors are welcome to attend, but are not required to do so. The meeting may be continued and concluded at a later date without further notice. The court, after notice and a hearing, may order that the United States trustee not convene the meeting if the debtor has filed a plan for which the debtor solicited acceptances before filing the case. Claims A Proof of Claim is a signed statement describing a creditor's claim. If a Proof of Claim form is not included with this notice, you can obtain one at any bankruptcy clerk's office. You may look at the schedules that have been or will be filed at the bankruptcy clerk's office. If your claim is scheduled and is not listed as disputed, contingent, or unliquidated, it will be allowed in the amount scheduled unless you filed a Proof of Claim or you are sent further notice about the claim. Whether or not your claim is scheduled, you are permitted to file a Proof of Claim. If your claim is not listed at all or if your claim is listed as disputed, contingent, or unliquidated, then you must file a Proof of Claim by the "Deadline to File Proof of Claim" listed on the front side, or you might not be paid any money on your claim and may be unable to vote on the plan. A secured creditor retains rights in its collateral regardless of whether that creditor files a Proof of Claim. Filing a Proof of Claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a Proof of Claim may surrender important nonmonetary rights, including the right to a jury trial. Filing Deadline for a Foreign Creditor: The deadlines for filing claims set forth on the front of this notice apply to all creditors. If this notice has been mailed to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the deadline. Discharge of Debts Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your debt. See Bankruptcy Code 9 1141(d). A discharge means that you may never try to collect the debt from the debtor, except as provided in the plan. If you believe that a debt owed to you is not dischargeable under Bankruptcy Code 9 1141(d)(6)(A), you must start a lawsuit by filing a complaint in the bankruptcy clerk's office by the "Deadline to File a Complaint to Determine Dischargeability of Certain Debts" listed on the front side. The bankruptcy clerk's office must receive the complaint and any required filing fee by that Deadline. Bankruptcy Clerk's Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed Office on the front side. You may inspect all papers filed, including the list of the debtor's property and debts and the list of the property claimed as exempt, at the bankruptcy clerk's office. Foreign Creditors Consult a lawyer familiar with United States bankruptcy law if you have any questions regarding your rights in this case. -- Refer to Other Side for Important Deadlines and Notices-- P ATIONS FORM 810 (Official Form 10) (10/05) UNITED STATES BANKRUPTCY COURT PROOF OF CLAIM DISTRICT OF MINNESOTA Name of Debtor Case Number Edina Development Corporation 06-42532 NOTE: This form should not be used to make a claIm tor an admmlstrative expense artsmg at'ter the commencement of the case. A "request" for payment of an administrative expense may be filed pursuant to 11 U.S.c. ~503. Name of Creditor (The person or other entity to whom the debtor D Check box if you are aware that 1111111111111111111111111111111111111111 owes money or property): anyone else has filed a proof of claim relating to your claim. Attach 06-42532 copy of statement giving particulars. Name and Address where notices should be sent: D Check box if you have never received any notices from the bankruptcy court in this case. D Check box if the address differs from the address on the envelope sent to you by the court. THIS SPACE IS FOR COURT USE ONLY Telephone Number: Last four digits of account or other number by which creditor Check here if D replaces identi fies debtor: this claim D amends a previously filed claim, dated: 1. Basis for Claim 0 Goods sold 0 Retiree benefits as defined in II U.S.C. sI114(a) 0 Services performed 0 Wages, salaries, and compensation (fill out below) 0 Money loaned Last four digits of your SS #: 0 Personal injury/wrongful death Unpaid compensation for services performed 0 Taxes from to 0 Other (date) (date) 2. Date debt was incurred: 3. If court judgment, date obtained: 4. Classification of Claim. Check the appropriate box or boxes that best describe your claim and state the amount of the claim at the time case filed. See reverse side for important explanations. Unsecured Nonpriority Claim $ Secured Claim D Check this box if: a) there is no collateral or lien securing D Check this box if your claim is secured by collateral your claim, or b) your claim exceeds the value of the property securing (including a right of setoff). it, or if c) none or only part of your claim is entitled to priority. Unsecured Priority Claim Brief Description of Collateral: D Check this box if you have an unsecured priority claim, all or part of D Real Estate D Motor Vehicle D Other which is entitled to priority Value of Collateral: $ Amount entitled to priority $ Amount of arrearage and other charges at time case filed included in Specify the priority of the claim: secured claim, if any: $ D Domestic support obligations under 11 U.S.C. ~507(a)(I)(A) or D Up to $ 2,225* of deposits toward purchase, lease, or rental of (a)(1 )(B). property or services for personal, family, or household use - 11 U.S.c. S 507(a)(7). D Wages, salaries, or commissions (up to $10,000),* earned within 180 D Taxes or penalties owed to governmental units - II U.S.c. ~ days before filing of the bankruptcy petition or cessation of the 507(a)(8). debtor's business, whichever is earlier - 11 U.S.c. ~ 507(a)(4). D Other - Specify applicable paragraph of 11 U.S.c. S 507(a)(_). . Amounts are subject to adjustment on 4/1/07 and every 3 years thereafier with DContributions to an employee benefit plan - 11 U.S.C. ~507(a)(5). respect to cases commenced on or after the date ofadjustment. 5. Total Amount of Claim at Time Case Filed: $ (unsecured) (secured) (priority) (Total) 0 Check this box if claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement of all interest or additional charges. 6. Credits: The amount of all payments on this claim has been credited and deducted for the purpose of Send original to: making this proof of claim. U.S. Bankruptcy Court 7. Supporting Documents: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security 301 U.S. Courthouse agreements, and evidence of perfection of lien. DO NOT SEND ORIGINAL DOCUMENTS. If the 300 South Fourth Street documents are not available, explain. Ifthe documents are voluminous, attach a summary. Minneapolis, MN 55415 8. Date-Stamped Copy: To receive an acknowledgment of the filing of your claim, enclose a stamped, self-addressed envelope and copy of this proof of claim. Date I Sign and print the name and title, if any, of the creditor or other person authorized to file this claim (attach copy of power of attorney, if any): Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. ~~ 152 and 3571. FORM 810 (Official Form 10) (10/05) INSTRUCTIONS FOR PROOF OF CLAIM FORM The instructions and definitions below are general explanations of the law. In particular types of cases or circumstances, such as bankruptcy cases that are not filed voluntarily by a debtor, there may be exceptions to these general rules. Debtor The person, corporation, or other entity that has filed a bankruptcy case is called the debtor. Creditor A creditor is any person, corporation, or other entity to whom the debtor owed a debt on the date that the bankruptcy case was filed. Proof of Claim A form telling the bankruptcy court how much the debtor owed a creditor at the time the bankruptcy case was filed (the amount of the creditor' s claim). This form must be filed with the clerk of the bankruptcy court where the bankruptcy case was filed. --- DEFINITIONS ---- Secured Claim A claim is a secured claim to the extent that the creditor has a lien on property of the debtor (collateral) that gives the creditor the right to be paid from that property before. creditors who do not have liens on the property. Examples of liens are a mortgage on real estate and a security interest in a car, truck, boat, television set, or other item of property. A lien may have been obtained through a court proceeding before the bankruptcy case began; in some states a court judgment is a lien. In addition, to the extent a creditor also owes money to the debtor (has a right of setoff), the creditor' s claim may be a secured claim. (See also Unsecured Claim.) Unsecured Claim If a claim is not a secured claim it is an unsecured claim. A claim may be partly secured and partly unsecured if the property on which a creditor has a lien is not worth enough to pay the creditor in full. Unsecured Priority Claim Certain types of unsecured claims are given priority, so they are to be paid in bankruptcy cases before most other unsecured claims (if there is sufficient money or property available to pay these claims). The most common types of priority claims are listed on the proof of claim form. Unsecured claims that are not specifically given priority status by the bankruptcy laws are classified as Unsecured Nonpriority Claims. Items to be completed in Proof of Claim form (if not already filled in) Court, Name of Debtor, and Case Number: Fill in the name of the federal judicial district where the bankruptcy case was filed (for example, Central District of California), the name ofthe debtor in the bankruptcy case, and the bankruptcy case number. If you received a notice of the case from the court, all of this information is near the top of the notice. Information about Creditor: Complete the section giving the name, address, and telephone number of the creditor to whom the debtor owes money or property, and the debtor's account number, if any. If anyone else has already filed a proof of claim relating to this debt, if you never received notices from the bankruptcy court about this case, if your address differs from that to which the court sent notice, or if this proof of claim replaces or changes a proof of claim that was already filed, check the appropriate box on the form. 1. Basis for Claim: Check the type of debt for which the proof of claim is being filed. If the type of debt is not listed, check "Other" and briefly describe the type of debt. If you were an employee of the debtor, fill in your social security number and the dates of work for which you were not paid. 2. Date Debt Incurred: Fill in the date when the debt first was owed by the debtor. 3. Court Judgments: If you have a court judgment for this debt, state the date the court entered the judgment. 4. Classification of Claim Secured Claim: Check the appropriate place ifthe claim is a secured claim. You must state the type and value of property that is collateral for the claim, attach copies of the documentation of your lien, and state the amount past due on the claim as ofthe date the bankruptcy case was filed. A claim may be partly secured and partly unsecured. (See DEFINITIONS, above). Unsecured Priority Claim: Check the appropriate place if you have an unsecured priority claim, and state the amount entitled to priority. (See DEFINITIONS, above). A claim may be partly priority and partly nonpriority if, for example, the claim is for more than the amount given priority by the law. Check the appropriate place to specify the type of priority claim. Unsecured Nonpriority Claim: Check the appropriate place if you have an unsecured nonpriority claim, sometimes referred to as a "general unsecured claim". (See DEFINITIONS, above). If your claim is partly secured and partly unsecured, state here the amount that is unsecured. If part of your claim is entitled to priority, state here the amount not entitled to pri ority. 5. Total Amount of Claim at Time Case Filed: Fill in the total amount of the entire claim. If interest or other charges in addition to the principal amount of the claim are included, check the appropriate place on the form and attach an itemization of the interest and charges. 6. Credits: By signing this proof of claim, you are stating under oath that in calculating the amount of your claim you have given the debtor credit for all payments received from the debtor. 7. Supporting Documents: You must attach to this proof of claim form copies of documents that show the debtor owes the debt claimed or, if the documents are too lengthy, a summary of those documents. If documents are not available, you must attach an explanation of why they are not available.