1 

COOLEY LLP 

Cullen D. Speckhart (VSB 79096)

Olya Antle (VSB 83153)

1299 Pennsylvania Avenue, NW, Suite 700

Washington, DC 20004-2400

Telephone: (202) 842-7800

Facsimile: (202) 842-7899

Counsel to the Plan Administrator

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

NORFOLK DIVISION 

)

In re: ) Chapter 11

)

RETAIL GROUP, INC., et al.,

1 ) Case No. 20-33113 (FJS)

)

Reorganized Debtors. ) (Jointly Administered)

)

ORDER SUSTAINING THE PLAN ADMINISTRATOR’S FORTY-SECOND 

OMNIBUS OBJECTION TO CLAIMS 

(NO LIABILITY CLAIMS) 

Upon the objection (the “Objection”)2 of Jackson Square Advisors LLC, in its capacity as 

the Plan Administrator of the above-captioned reorganized debtors (collectively, the “Debtors”), 

for entry of an order (this “Order”), disallowing and expunging each Proof of Claim set forth on 

Schedule 1 attached hereto, all as more fully set forth in the Objection; and upon the Esposito 

Declaration; and this Court having jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 

1334 and the Standing Order of Reference from the United States District Court for the Eastern 

District of Virginia, dated August 15, 1984; and that this Court may enter a final order consistent 

1

 A complete list of each of the Reorganized Debtors in these chapter 11 cases may be obtained on the website of 

the Reorganized Debtors’ claims and noticing agent at http://cases.primeclerk.com/ascena. The location of 

Debtor Mahwah Bergen Retail Group, Inc.’s principal place of business and the Reorganized Debtors’ service 

address in these chapter 11 cases is 933 MacArthur Boulevard, Mahwah, New Jersey 07430. 

2

 Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Objection [Docket 

No. 2531]. 

Case 20-33113-FJS Doc 2620 Filed 03/10/22 Entered 03/10/22 12:39:56 Desc Main

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with Article III of the United States Constitution; and this Court having found that venue of this 

proceeding and the Objection in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; 

and this Court having found that the relief requested in the Objection is in the best interests of the 

Debtors’ estates, their creditors, and other parties in interest; and this Court having found that the 

Plan Administrator’s notice of the Objection and opportunity for a hearing on the Objection were 

appropriate under the circumstances and no other notice need be provided; and this Court having 

reviewed the Objection; and this Court having determined that the legal and factual bases set forth 

in the Objection establish just cause for the relief granted herein; and upon all of the proceedings 

had before this Court; and after due deliberation and sufficient cause appearing therefor, it is 

HEREBY ORDERED THAT: 

1. The Objection is sustained as set forth herein. 

2. The No Liability Claims set forth on the attached Schedule 1 are hereby disallowed 

and expunged in their entirety. 

3. The Plan Administrator’s objection to the Disputed Claims addressed in the 

Objection constitutes a separate contested matter as contemplated by Bankruptcy Rule 9014. This 

Order shall be deemed a separate order with respect to each claim. Any stay of this Order pending 

appeal by any claimant subject to this Order shall only apply to the contested matter that involves 

such claimant and shall not act to stay the applicability or finality of this Order with respect to the 

other contested matters covered hereby. 

4. Nothing in this Order shall affect the Plan Administrator’s right to object to any of 

the Proofs of Claim at a future date. 

5. The Claims Agent is authorized and directed to modify the claims register in 

accordance with entry of the relief granted in this Order. 

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6. Notwithstanding the relief granted in this Order and any actions taken pursuant to 

such relief, nothing in this Order shall be deemed: (a) an admission as to the validity, priority, or 

amount of any particular claim against a Debtor entity; (b) a waiver of the Plan Administrator’s or 

any other party in interest’s right to dispute any particular claim on any grounds; (c) a promise or 

requirement to pay any particular claim; (d) an implication or admission that any particular claim 

is of a type specified or defined in this Order or the Objection; (e) a request or authorization to 

assume any agreement, contract, or lease pursuant to section 365 of the Bankruptcy Code; (f) a 

waiver or limitation of the Plan Administrator’s or any other party in interest’s rights under the 

Bankruptcy Code or any other applicable law; or (g) a concession by the Plan Administrator or 

any other party in interest that any liens (contractual, common law, statutory, or otherwise) 

satisfied pursuant to this Order are valid and the Plan Administrator and all other parties in interest 

expressly reserve their rights to contest the extent, validity, or perfection or to seek avoidance of 

all such liens. Any payment made pursuant to this Order should not be construed as an admission 

as to the validity, priority, or amount of any particular claim or a waiver of the Plan Administrator’s 

or any other party in interest’s rights to subsequently dispute such claim. 

7. The Plan Administrator is authorized to take all actions necessary to effectuate the 

relief granted in this Order in accordance with the Objection. 

8. This Court retains exclusive jurisdiction with respect to all matters arising from or 

related to the implementation, interpretation, and enforcement of this Order. 

Dated: __________

Norfolk, Virginia United States Bankruptcy Judge

Mar 10 2022 /s/ Frank J Santoro

Entered On Docket:Mar 10 2022

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WE ASK FOR THIS:

/s/ Cullen D. Speckhart

COOLEY LLP

Cullen D. Speckhart (VSB 79096) 

Olya Antle (VSB 83153) 

1299 Pennsylvania Avenue, NW, Suite 700 

Washington, DC 20004-2400 

Telephone: (202) 842-7800 

Facsimile: (202) 842-7899

Counsel to the Plan Administrator

CERTIFICATION OF ENDORSEMENT 

UNDER LOCAL BANKRUPTCY RULE 9022-1(C) 

Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing proposed 

order has been endorsed by or served upon all necessary parties. 

 /s/ Cullen D. Speckhart 

Case 20-33113-FJS Doc 2620 Filed 03/10/22 Entered 03/10/22 12:39:56 Desc Main

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Schedule 1 

No Liability Claims 

Case 20-33113-FJS Doc 2620 Filed 03/10/22 Entered 03/10/22 12:39:56 Desc Main

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NAME DATE FILED CASE NUMBER DEBTOR 

1 DUKE ENERGY CAROLINAS, LLC

C/O MARY M. CASKEY, ESQ.HAYNSWORTH SINKLER BOYD, PA1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33134 (KRH) AnnTaylor, Inc. 

Reason: This claim was satisfied in full via check number 34025 dated 11/17/2021.

2 DUKE ENERGY CAROLINAS, LLC

C/O MARY M. CASKEY, ESQ.HAYNSWORTH SINKLER BOYD, PA1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33155 (KRH) Catherines Stores Corporation 

Reason: This claim was satisfied in full via check number 6024797 dated 11/17/2021.

3 DUKE ENERGY CAROLINAS, LLC

C/O MARY M. CASKEY, ESQ.HAYNSWORTH SINKLER BOYD, PA1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33158 (KRH) Catherines, Inc. 

Reason: This claim was satisfied in full via check number 6024797 dated 11/17/2021.

4 DUKE ENERGY CAROLINAS, LLC

C/O MARY M. CASKEY, ESQ.HAYNSWORTH SINKLER BOYD, PA1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33170 (KRH) Tween Brands, Inc. 

Reason: This claim was satisfied in full via check number 50059181 dated 11/17/2021.

5 DUKE ENERGY FLORIDA, LLC

HAYNSWORTH SINKLER BOYD, PAC/O MARY M. CASKEY, ESQ.1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33154 (KRH) Lane Bryant, Inc. 

Reason: This claim was satisfied in full via check number 7061292 dated 11/17/2021.

6 DUKE ENERGY FLORIDA, LLC

C/O MARY M. CASKEY, ESQ.HAYNSWORTH SINKLER BOYD, PA1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33170 (KRH) Tween Brands, Inc. 

Reason: This claim was satisfied in full via check number 50059179 dated 11/17/2021.

Pag

Retail Group, Inc. 20-33113 (KRH)

Forty-Second Omnibus Claims Objection

Schedule 1 - No Liability Claims

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NAME DATE FILED CASE NUMBER DEBTOR 

7 DUKE ENERGY KENTUCKY

MARY CASKEY1201 MAIN STREETSUITE 2200COLUMBIA, SC 29201

9/30/2020 20-33132 (KRH) AnnTaylor Retail, Inc. 

Reason: This claim was satisfied in full via check number 34020 dated 11/17/2021.

8 DUKE ENERGY OHIO

MARY CASKEY1201 MAIN STREET, SUITE 2200COLUMBIA, SC 29201

9/30/2020 20-33132 (KRH) AnnTaylor Retail, Inc. 

Reason: This claim was satisfied in full via check number 34021 dated 11/17/2021.

9 DUKE ENERGY PROGRESS, LLC

C/O MARY M CASKEY, ESQHAYNSWORTH SINKLER BOYD, PA1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33132 (KRH) AnnTaylor Retail, Inc. 

Reason: This claim was satisfied in full via check number 34027 dated 11/17/2021.

10 DUKE ENERGY PROGRESS, LLC

HAYNSWORTH SINKLER BOYD, PAC/O C. ELIZABETH WESTON, ESQ.1201 MAIN STREET, SUITE 2200COLUMBIA, SC 29201

4/1/2021 20-33132 (KRH) AnnTaylor Retail, Inc. 

Reason: This claim was satisfied in full via check number 34028 dated 11/17/2021.

11 DUKE ENERGY PROGRESS, LLC

HAYNSWORTH SINKLE BOYD, PAC/O MARY M CASKEY, ESQ1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33154 (KRH) Lane Bryant, Inc. 

Reason: This claim was satisfied in full via check number 7061305 dated 11/17/2021.

12 DUKE ENERGY PROGRESS, LLC

HAYNSWORTH SINKLER BOYD, PAC/O C. ELIZABETH WESTON, ESQ.1201 MAIN STREET, SUITE 2200COLUMBIA, SC 29201

4/1/2021 20-33154 (KRH) Lane Bryant, Inc. 

Reason: This claim was satisfied in full via check number 7061306 dated 11/17/2021.

Pag

Retail Group, Inc. 20-33113 (KRH)

Forty-Second Omnibus Claims Objection

Schedule 1 - No Liability Claims

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NAME DATE FILED CASE NUMBER DEBTOR 

13 DUKE ENERGY PROGRESS, LLC

C/O MARY M. CASKEY, ESQ.HAYNSWORTH SINKLER BOYD, PA1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33158 (KRH) Catherines, Inc. 

Reason: This claim was satisfied in full via check number 6024796 dated 11/17/2021.

14 DUKE ENERGY PROGRESS, LLC

C/O MARY M. CASKEY, ESQ.HAYNSWORTH SINKLER BOYD, PA1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33170 (KRH) Tween Brands, Inc. 

Reason: This claim was satisfied in full via check number 50059180 dated 11/17/2021.

15 EXPRESS ELECTRIC, LLC

C/O DECKER VONAU, LLC620 E. BROAD ST., STE 200COLUMBUS, OH 43215

9/15/2020 20-33113 (KRH) Ascena Retail Group, Inc. 

Reason: No liability exists on the Debtor's books and records as the claim was settled and satisfied pursuant to an agreement between the Debtors and the Cl

16 PIEDMONT NATURAL GAS COMPANY, INC.

C/O MARY M. CASKEY, ESQ.HAYNSWORTH SINKLER BOYD, PA1201 MAIN STREET, UNIT 2200COLUMBIA, SC 29201

1/19/2021 20-33158 (KRH) Catherines, Inc. 

Reason: This claim was satisfied in full via check number 6024795 dated 11/17/2021.

17 ROSENTHAL & ROSENTHAL, INC

ATTN: ANTHONY DITIRRO1370 BROADWAY, 3RD FLOORNEW YORK, NY 10018

9/26/2020 20-33134 (KRH)

20-33152 (KRH)20-33169 (KRH)

AnnTaylor, Inc.Lane Bryant Purchasing Corp.Tween Brands Service Co.

Reason: Previously allowed invoice numbers 1000402598401, 1000402598402, 1000402598779 and 1000402598780, totaling $35,700, were satisfied by wcredit.

Pag

Retail Group, Inc. 20-33113 (KRH)

Forty-Second Omnibus Claims Objection

Schedule 1 - No Liability Claims

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