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UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW HAMPSHIRE

In re: CHAPTER 11 

CHERB, LLC Case No. 13-11635-BAH

Debtor

DEBTOR’S AND HARDMAN’S MOTION FOR ORDER 

AUTHORIZING PRIVATE SALE OF GRANITE TOWN PLAZA

FREE AND CLEAR OF LIENS, CLAIMS AND INTERESTS AND ASSUMPTION

AND ASSIGNMENT OF CERTAIN EXECUTORY CONTRACTS

The Debtor in Possession, Cherb, LLC (the “Debtor”) respectfully moves this Court as 

follows:

INTRODUCTION AND REQUESTED RELIEF

1. Pursuant to Code Sections 105 and 363, F.R.B.P. 2002, 6004, 9013 and 9014 and 

Local Bankruptcy Rule 6004-1 and as contemplated by the Proponents’ Second Amended Plan of 

Reorganization Dated September 5, 2014 filed by the Herbert Hardman, Cheryl Hardman and the 

Debtor [Doc. No. 298], the Debtor requests this Court to approve the sale of the portions of the 

premises commonly known as “Granite Town Plaza” owned by the Moving Parties (the “Granite 

Plaza”) and the unexpired non-residential leases thereof (individually, the “Leases” and, 

collectively with the Granite Plaza, the “Purchased Assets”) to Christopher Alexandrou, as 

Trustee of 1-9 Pauline Street Realty Trust and Oceanview Realty Trust (the “Buyer”) for the sum 

of $4,850,000 (the “Price”) free and clear of all liens, claims and other interests to the maximum 

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extent permitted by law pursuant to the Purchase and Sale Agreement attached hereto as Exhibit 

A (the “Agreement”) and the order granting this Motion (the “Sale Order” and the “Sale 

Motion”). Except as otherwise expressly defined herein, all of the words, terms and phrases 

defined in the Agreement shall have and be given the same meaning when used herein.

2. The entry of the proposed Sale Order accompanying this Motion (the “Order”) 

will, among other things:

a. Approve the Agreement.

b. Authorize the Debtor to assume and assign the Leases of Granite Plaza to 

the Buyer as part of the Sale.

c. Authorize the Debtor to grant, assign and transfer the Purchased Assets to 

the Buyer by Fiduciary Deed pursuant to the Agreement, Section 363 of the Code and the Sale 

Order free and clear of all liens, claims and interests to the maximum extent permitted by law,

without further advertising beyond that already done by the Broker and Co-broker, Colliers 

International, Inc. and Prolman Realty, Inc. retained with the approval of this Court (individually, 

“Colliers” and “Prolman Realty” and collectively, the “Brokers”) or competitive bidding,

simultaneously with the payment of the Price.

d. Determine that under the circumstances the Price (1) represents the fair 

market value of the Purchased Assets and (2) exceeds the lowest price that would be paid for the 

Purchased Assets by an arms-length purchaser in a negotiated transaction.

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e. Determine that there are no defaults by the Debtor or the Hardmans under 

the terms of the Leases.

f. Relieve the Debtor from the requirements of L.B.R. 6004-1(b).

g. Authorize the Debtor to do, or cause to be done, execute or cause to be 

executed and take or cause to be taken each and every act, action or document required by the 

Agreement or which the Debtor in the exercise of reasonable business judgment determines to be 

reasonably necessary to close the Sale. 

h. Determine that the Buyer is a good faith purchaser of the Purchased Assets 

and is entitled to, and shall have the benefit of Code Section 363(m).

i. Make the Sale Order effective on entry as permitted by F.R.B.P. 6004(h).

3. No previous request has been made for the relief sought herein.

4. This Motion is related to the Proponents’ Second Amended Disclosure Statement 

dated September 5, 2014 Pertaining to Plan of Reorganization of Even Date and Proponents’ 

Second Amended Plan of Reorganization Dated September 5, 2014, which contemplate the Sale 

and the Adversary Proceeding captioned Rockland Trust Company v. Cherb, LLC, Adv. Pro. No. 

13-1134-BAH (the “Rockland Adversary Proceeding”).

PARTIES, JURISDICTION AND VENUE

1. The Debtor is the debtor in possession in this Case and a co-owner of the 

Purchased Assets, which is property of the estate within the meaning of Code Section 541.

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2. The Debtor and the Hardmans purchased and operated the Granite Plaza for profit

and are co-owners of the Granite Plaza within the meaning of Code Section 363.

3. Milford, New Hampshire holds a real estate tax lien on the Granite Plaza.

4. Merrimack County Savings Bank holds a first priority lien on Units 1, 2, 4 and 7 

and the other Purchased Assets (“Merrimack” and the “Merrimack Lien”).

5. Citizens Bank holds a lien on Units 5 and 6, which are the “Pad” and the building 

leased from the Hardmans that it occupies and uses a branch bank (“Citizens” and the “Citizens 

Lien”).

6. Rockland Trust Company holds an attachment lien on the portion of the Granite 

Plaza owned by the Hardmans, as security for any final judgment rendered against them in 

Rockland Trust Company v. CHERB, LLC, Herbert S. Hardman and Cheryl T. Hardman, etal., 

Hillsborough Superior Court, Northern District, Docket No. 216-2013-CV-00324 (the “State 

Action”).

7. This Court has jurisdiction to entertain this Motion pursuant to 28 U.S.C. §§

1408 and 1409.

8. This Court may grant the Debtor the relief requested herein pursuant to 11

U.S.C. §§ 105, 363, 365 and F.R.B.P. 2002, 6004 and 6006.

NOTICE OF INTENDED SALE AND HEARING ON SALE MOTION

9. Simultaneously with filing this Motion, the Debtor served the Notice of Intended 

Sale of Property of the Estate (the “Sale Notice”) attached as Exhibit B and Notice of Hearing 

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and Objection Dates (the “Hearing Notice”) on the United States Trustee, the Internal Revenue 

Service, Milford, Merrimack, Rockland and all other creditors and parties in interest entitled to

notice under Code Section 363 and Bankruptcy Rules 6004 and 2002.

MOTION TO LIMIT NOTICE AND SHORTEN NOTICE AND EXPEDITE HEARING

10. Immediately after filing this Motion, the Debtor and the Hardmans will file a 

motion asking this Court to limit and shorten notice of the Sale Hearing and expedite the Sale 

Hearing due to the need to close the Sale before the period of time within which the Buyer may 

complete the Buyer’s like-kind exchange expires on January 13, 2015. 

RELEVANT PROCEDURAL HISTORY

11. On June 26, 2013, the Debtor commenced this Case by filing its Voluntary 

Petition (the “Petition Date” and “Voluntary Petition”). An order for relief was entered on the 

same date. 

12. On July 19, 2013, the Debtor filed its Statement of Financial Affairs (“SoFA”) 

and Schedules A-H (collectively, the “Schedules”).

13. On December 13, 2013, the Debtor amended its SOFA and Schedules B, D, E, 

G and H.

14. No Official Committee of Unsecured Creditors has been appointed in this Case.

15. At the beginning of this Case, this Court granted the Debtor permission to use 

cash collateral on an emergency basis. 

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16. On January 10, 2014, the Debtor filed its initial Disclosure Statement Pertaining 

to Plan of Reorganization dated January 10, 2014 and Plan of Reorganization [Docs. 134 and 

135]. The Proponents’ Second Amended Disclosure Statement dated September 5, 2014 

Pertaining to Plan of Reorganization of Even Date and Proponents’ Second Amended Plan of 

Reorganization Dated September 5, 2014 (the “Disclosure Statement” and the “Plan”) proposed 

by the Debtor and the Hardmans and served on all creditors and other parties in interest 

contemplate and discuss the potential sale of Granite Plaza and the distribution of the net 

proceeds of the Sale. On January 12, 2015, this Court may consider the adequacy of the 

Disclosure Statement. 

BASIS FOR REQUESTED RELIEF

Code Section 363 Permits this Court to Grant the Requested Relief.

17. “[A]fter notice and hearing,” a debtor in possession “may use, sell, or lease, other 

than in the ordinary course of business, property of the estate." Code, § 363(b)(1). The power to 

authorize a sale or transaction under Code Section 363 is discretionary. See, e.g., In re WPRYTV, Inc., 983 F.2d 336, 340 (1st Cir. 1993). A sale may be public or private. A bankruptcy court 

may authorize a debtor to grant and convey property of the estate free and clear of all liens, 

claims and interests with the consent of creditors holding liens on the property to be sold or the 

Sale satisfies any of the other conditions set forth in Code Section 363(f) and (b). If the 

bankruptcy court determines that the buyer purchased the property of the estate in good faith, the 

reversal or modification of the order approving the sale on appeal will not affect the validity of 

the sale. Code, § 363(m).

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The Purchased Assets, Value and Encumbrances.

18. The Debtor is and has been for many years engaged in the business of buying, 

owning, leasing and selling, real estate (the “Business”). 

19. The Granite Plaza is neighborhood shopping center consisting of 109,069 

square feet of retail space located Milford. The Debtor and the Hardmans own Units 1, 2, 4,

5, 6 and 7 (the “Debtor and Hardman Units” and/or “Granite Plaza Units”). Mark Prolman, a 

Broker owns Unit 3 (the “Prolman Unit”), which is being sold to the Buyer as part of the 

transaction that includes the Sale (the “Prolman Sale” and, collectively with the Sale, the 

“Transaction”). As used in this Motion, the term “Granite Plaza” does not include the 

Prolman Unit although the Unit is part of the transaction that includes the sale of Granite 

Plaza and the Prolman Unit.

20. The Debtor and the Hardmans have operated Granite Plaza as a single, profit 

center or division for profit together since acquiring the Debtor and Hardman Units. Costs 

and expenses have been shared based on the square footage owned by each of them. Among 

other things, the Moving Parties borrowed $2,050,000 from Merrimack (the “Merrimack 

Loan”), signed a promissory note as joint and several obligors and mortgaged and collaterally 

assigned their interests in the Granite Plaza and the Leases to Merrimack as security for the 

payment of the note. 

21. The following tenants or Counterparties occupy portions of Granite Plaza 

pursuant to written Leases (the “Lease Counterparties”): Better Business Better Foods,

Citizens Bank, Evergreen Hospitality, Granite Wash-N-Dry, Heidi’s Hallmark, Jake’s 

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Discount, Karl’s Associates, Milford Fitness (Gold’s Gym), Rent-A-Center, fka Rent To Own, 

and Tractor Supply Company. 

22. Colliers is a licensed real estate broker that specializes in the marketing and sale 

of commercial real estate. It has marketed Granite Plaza formally and informally since being 

retained by the Debtor and the Hardmans with the approval of this Court on or about June 16, 

2014. The Buyer offered only $3,850,000 early in the marketing process. The $4,850,000 

Price offered by the Buyer exceeds the Buyer’s initial offer by $1,000,000 and all other 

purchase prices suggested by other potential purchasers during the marketing process. The 

Buyer made the only written offer for Granite Plaza. In the opinion of Colliers, the Price

approximates the fair market value of Granite Plaza in a tax-benefitted Sale and probably 

exceeds the fair market value of Granite Plaza in a conventional transaction. In the opinion of

Colliers and the Moving Parties, the Price is unquestionably within the range of high and low 

values that could reasonably be attached to the Purchased Assets. Ex. C, Scanlon Declaration.

23. Prolman Realty concurs in the opinions expressed by Colliers. Ex. D, Prolman 

Declaration.

24. The Moving Parties are intimately familiar with Granite Plaza, including its 

tenants, the rent paid by tenants, the costs and expenses incurred in operating the property and 

its physical condition. It has also conferred with the Broker regarding the value of Granite 

Plaza before and during the negotiations that led to Agreement. The Debtor valued its interest 

in Granite Plaza at $1,000,000 based believing mistakenly that it owns 53.4% of the square 

footage. It will receive 51% of the Price or approximately $2,473,500. Although the Debtor 

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believes that the fair market value of Granite Plaza is closer to the $5,500,000 listing price 

(the “Listing Price”) than the Price, the Moving Parties in the exercise of their business 

judgment decided to enter into the Agreement because the Price approximates the fair market 

value of the property in the opinion of the Brokers and the proceeds will be sufficient to 

confirm the Plan. Ex. C. Hardman Declaration.

25. Based on the Declarations, (a) the Price to be paid by the Buyer is reasonably 

equivalent to the fair market value of the Units owned by the Moving Parties and exceeds the 

lowest price included in the range of fair market values that might reasonably be attributed to 

the Purchased Assets, (b) the Price has been fairly allocated between the Debtor and the 

Hardmans and (c) the total consideration to be paid for the Prolman Unit and Granite Plaza 

has been fairly allocated between Mr. Prolman and the Moving Parties. 

The Purchased Assets Does Not Constitute All or Substantially All of the Property 

of the Estate.

26. In Schedule A to the Petition, the Debtor listed and valued all of its Real 

Properties. The Debtor valued all of its Real Properties at $3,950,000 on a current value basis, 

including the $1,000,000 attributed to the Purchased Assets and the $1,000,000 attributed to 

Carriage Depot sold with the approval of this Court. The Debtor will still own real estate valued 

at $1,950,000 following the Sale. Mathematically, the Purchased Assets represent approximately 

33.3% of the gross value of the property of the estate, as reported in Schedule A.

27. A functional definition of “a sale of substantially all of the property of the estate” 

might be a sale that prevents the filing and confirmation of a plan of reorganization for the debtor

or is a sub rosa plan of reorganization. 

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28. The Debtor has filed its Second Amended Disclosure Statement and Second 

Amended Plan. The closing of the Sale is the next step in the reorganization of the Debtor. If 

possible from a timing perspective, the Debtor will sell the Purchased Assets pursuant to the 

Amended Plan. 

29. Whether this Court applies a mathematical or functional test, it should conclude 

that the Sale is not a sale of substantially all of the property of the estate. In Debtor’s business 

judgment, the Purchased Assets does not constitute all or substantially all of the property of the 

estate.

The Buyer Is Not an Insider with Respect to the Debtor.

30. No familial or business relationship exists between the Buyer and the Debtor 

and/or the Hardmans. Although the definition of insider given in Code Section 101 is broad 

and flexible, the Moving Parties are not aware of any fact that would support a finding or even 

an allegation that the Buyer is an insider with respect to the Debtor and/or the Hardmans.

The Agreement Is a Fair, Arms-Length Agreement.

31. The Agreement resulted from good faith, arms-length negotiations between the 

Buyer and the Debtor and the Hardmans. Attorney Brian Barrett represented the Buyer. The 

Hardmans were represented by Attorney Mark Fernald and Colliers. Except for the Broker

and Co-broker, no other real estate broker was involved in the Sale. 

32. In the opinion of the Debtor, Colliers and Prolman Realty, the Agreement and 

the business terms thereof are fair, reasonable and consistent with agreements executed by 

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knowledgeable parties in similar New Hampshire real estate transaction. The financing 

contingency has been satisfied according to the Brokers. Except for obtaining the approval of 

this Court, all of the other conditions precedent have been satisfied

The Sale Furthers the Debtor’s Reorganization and Is In the Best Interests of 

Creditors.

33. Closing the Sale is consistent with the Disclosure Statement and Plan, which 

have been served on all creditors and other parties in interest. The Disclosure Statement 

included a sale of Granite Plaza as one of the funding mechanisms for the implementation of 

the Plan, the use of the proceeds of a sale (the “Proceeds”) and the relationship of a sale to the 

payment of the claims held by unsecured creditors. In this instance, the Sale is simply the 

next step in the reorganization process.

34. The Sale is in the best interests of the Debtor's creditors. The proceeds will 

satisfy the secured claim held by Milford, which is accruing interest at the rate of 18% per 

annum. It will also satisfy the claim secured by the first priority lien on Granite Plaza held by 

Merrimack and the claim secured by the Citizens Lien. As contemplated by the Plan, the 

Debtor will pay Rockland approximately $200,000 from the proceeds leaving Rockland with 

loan to value ratio of approximately 66%, a percentage well within Rockland’s lending 

guidelines. As shown by the Disclosure Statement and Plan, the Real Properties to be retained 

by the Debtor subject to the reduced Rockland lien will generate positive cash flow that will 

fund the Plan that will be available and used to pay Rockland and other creditors holding 

allowed claims in full.

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Proposed Private Sale Permissible

35. Code Sections 363(b) and 1107 authorize a debtor in possession "after notice 

and a hearing, [to] use, sell, or lease, other than in the ordinary course of business, property of the 

estate." 11 U.S.C. § 363(b)(l).

36. The authority to sell assets conferred upon a debtor in possession by Code Section 

363(b) "include[s] a sale of all or substantially all the assets of an estate" (a “363 Sale”). In re 

Coastal Cable T.V., Inc., 24 B.R. 609 (1st Cir. B.A.P. 1982); In re CadKey, Inc., 317 B.R. 19 (D. 

Mass. 2004); In re Envisionet Computer Services, Inc., 275 B.R. 664 (D. Me. 2002); see also, 

Otto Preminger Films. Ltd. v. Ointex Entertainment, Inc. (In re Ointex Entertainment. Inc.), 950 

F.2d 1492, 1495 (9th Cir. 1991); In re Haven Eldercare, LLC, 2008 WL 2690729 (Bankr. D. 

Conn.) (collecting cases). 

37. A 363 Sale may be public or private. F.R.B.P. 6004(f)(1).

38. A bankruptcy court's power to authorize a sale under Section 363(b) is to be 

exercised in the court's discretion. See, e.g., In re WPRY-TV, Inc., 983 F.2d 336, 340 (1st Cir. 

1993).

Sale Approvable Even Under Stricter All Asset Sale Test.

39. Even if the Sale is a sale of all or substantially all of the property of the estate, 

courts have approved such sales where they serve a sound business purpose. The "sound 

business purpose" test requires a court to consider the following factors: (a) the proportionate 

value of the assets to be sold to the value of the estate as a whole; (b) the amount of elapsed time 

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since the filing; (c) the likelihood that a plan of reorganization will be proposed and confirmed in 

the near future; (d) the effect of the proposed disposition on future plans of reorganization; (e) 

the proceeds to be obtained from the disposition vis-a-vis any appraisals of the property; (f) 

which of the alternatives of use, sale or lease the proposed transaction envisions; and (g) whether 

the asset is increasing or decreasing in value. Id. at 322 (citing Lionel, 722 F .2d at 1071).

40. The Sale passes the sound business test. The Purchased Assets constitute

approximately 33% of the value of the Debtor’s property as reported in Schedule A to the 

Petition. The Debtor has filed and served on all creditors and other parties in interest the 

Disclosure Statement and Plan which contemplates reorganization based on the Sale. The Sale is 

consistent with the Disclosure Statement and Plan and makes the confirmation of the Plan more 

probable than not. The disposition makes the confirmation of the Plan more likely because of the 

significant reduction of the Rockland claims. The Price exceeds the value attributed to the 

Purchased Assets in Schedule A. In the Debtor’s opinion and that of the Brokers, the Purchased 

Assets will not increase significantly in value in the near term.

41. General Motors added the following additional considerations (the "GM 

Factors"): (a) whether the estate has the liquidity to survive until confirmation of a plan; (b) 

whether the Sale opportunity will still exist as of the time of plan confirmation; (c) if not, 

whether it is likely that there will be a satisfactory alternative Sale opportunity, or a stand-alone 

plan alternative that is equally desirable (or better) for creditors; and (d) whether there is a 

material risk that by deferring a Sale, the "patient will die on the operating table." Id.

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42. Although the Debtor has sufficient liquidity to survive until confirmation of the 

Plan, the GM Factors are satisfied in this Case. The Sale opportunity will not exist after January 

13, 2015 because it will no longer permit the Buyer to take advantage of the like-kind exchange, 

tax deferral. There will not likely be an alternative sale opportunity equally valuable to the 

creditors and other parties in interest. Since the Sale is contemplated by, and will implement the 

Plan, the Sale meets the most important of the GM Factors – what is in the best interests of the 

creditors, equity holders and other parties in interest and that the Debtor is not trying to 

circumvent the confirmation process. 

43. Consideration of the non-exclusive factors cited by bankruptcy courts supports 

the conclusion that there is an articulated business justification and a good business reason for 

the Sale. Boston Generating, 440 B.R. at 322. See also, In re GSC, Inc., 2011 WL 2845180 

(Bankr. S.D.N.Y.). See also, In re CGE Shattuck, LLC, 254 B.R. 5, 12 (Bankr. D.N.H. 2000) 

(adopting Lionel analysis; noting that the "degree of court scrutiny of proposed transactions 

under §363 must be elastic -- becoming more strict and searching the nearer the transaction 

goes to the heart of the reorganization plan process"). Courts have also required that the sale 

price be fair and reasonable and that the Sale be the result of good faith negotiations. See, e.g., 

In re Abbotts Dairies of Pa., 788 F.2d 143, 147-50 (3d Cir. 1986). The Sale represents the 

culmination of a great deal of effort that increased the Price by $1,000,000 and is entirely 

consistent with Code Section 363, F.R.B.P. 6004 and the guidelines set forth in applicable case 

law. Since the Debtor, in the exercise of its business judgment, determined the Agreement and 

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the Price to be paid by the Buyer to be fair and reasonable under the circumstances, these 

requirements have been satisfied in this Case.

44. In this Case, the Sale will not occur outside of the normal confirmation process 

and without the functional equivalent of a disclosure statement. The Debtor has filed its 

Disclosure Statement and Plan. It will ask this Court to continue the hearing on the adequacy 

of the Disclosure Statement and re-schedule the hearing as a combined hearing on the adequacy 

of the Disclosure Statement and confirmation of the Plan for the same date as the Sale Hearing. 

Whether this Court will grant the motion, the Sale should be approved by this Court. 

Sale Free of Liens, Encumbrances, Claims and Other Interests.

45. Debtor requests authorization to sell the Purchased Assets free and clear of liens, 

claims and encumbrances and other interests. 

46. Section 363(f) of the Bankruptcy Code authorizes a debtor in possession to sell 

property under section 363(b) "free and clear of any interest in such property of an entity other 

than the estate" if one of the following conditions is satisfied: 

a. Applicable nonbankruptcy law permits the sale of such property 

free and clear of such interest;

b. Such entity consents; 

c. Such interest is a lien and the price at which such property is to 

be sold is greater than the aggregate value of all liens on such property; 

d. Such interest is in bona fide dispute; or 

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e. Such entity could be compelled, in a legal or equitable 

proceeding, to accept a money satisfaction of such interest. 

11 U.S.C. § 363(f); see also, In re Elliot, 94 B.R. 343, 345 (E.D. Pa. 1988) (section 363(f) is 

written in the disjunctive; a court may approve a sale "free and clear" provided at least one 

of the subsections is met). 

47. The only persons and entities that hold an interest in the Purchased Assets are 

Milford, Merrimack, Citizens, Rockland and the tenants. The Debtor has given the tenants notice 

of this Motion and the Sale. Neither the Debtor nor the Hardmans are in default under the terms 

of the Leases. 

48. Merrimack has already advised the Moving Parties that it supports and will 

consent to the Sale because its secured claim will be paid in full from the proceeds of the Sale.

49. The Debtor expects Citizens and the tenants to consent to the Sale because its

secured claim will be paid in full from the proceeds of the Sale and their leases will be assumed. 

50. With respect to Rockland, the Debtor expects to be able to satisfy the provisions 

of Code Section 363(f)(a), (c) and (d). The attachment of Granite Plaza held by Rockland 

constitutes additional security for the payment of any judgment rendered against the Hardmans in 

the State Action. The Plan provides for the payment of the Rockland secured claim in full, with 

interest, over time. No final judgment has been entered in that State Action. Rockland will 

retain its lien on the Debtor’s properties, which it claims are equal in value to the remaining debt, 

and the so-called Merrimack Commons Shopping Center owned by the Hardmans giving it an 

equity cushion. Further, a bona fide dispute exists between Rockland and the Moving Parties 

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regarding the amount due Rockland.

51. Junior lienholders may be compelled to accept money in a variety of state court 

procedures. Boston Generating, 440 B.R. at 333. Other courts considering this issue have also 

held that the "cramdown" provision under the Bankruptcy Code constitutes a "legal or equitable 

proceeding" and permits a Sale under section 363(f)(5). See e.g., Grand Slam, 178 B.R. at 464; 

Scherer v. Fed. Nat. Mortgage Ass'n (In re Terrace Chalet Apartments, Ltd.), 159 B.R. 821, 829 

(N.D. Ill. 1993); In re Healthco Int’l, Inc., 174 B.R. 174, 176-77 (Bankr. D. Mass. 1994).

52. Except for payments made pursuant to the Sale Order, all liens on the Purchased 

Assets will attach to the proceeds received from the Sale of those assets with the same force, 

effect and priority as such liens have existed prior to the Petition Date, subject to the rights and 

defenses, if any, of Debtor or any party in interest.

CONCLUSION

53. Based upon all of the foregoing, Debtor request that this Court enter the proposed

Sale Order and grant Debtor such further relief as may be equitable, fair and lawful.

Respectfully submitted,

/s/ Diane M. Puckhaber, Esq.

Dated: January 6, 2015 Diane M. Puckhaber, Esq. [BNH 01369]

Attorney for: CHERB, LLC

Puckhaber Law Offices, PLLC

PO Box 2693

Concord, NH 03302-2693

(603) 224-3322 

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CERTIFICATE OF SERVICE

I hereby certify that on this date I served the foregoing pleading on each person named 

below by causing it to be filed electronically via the CM/ECF filing system or mailed by firstclass United States Mail, postage pre-paid, or in such other manner as may be indicated:

All Persons on the attached Service Lists.

/s/ Diane M. Puckhaber, Esq.

Dated: January 6, 2015 Diane M. Puckhaber, Esq. [BNH 01369]

APPEARANCES SERVICE LIST

In Re: Cherb, LLC, Chapter 11, Case No. 13-11635-BAH

Alexander S. Buchanan on behalf of Creditor Bluestone Capital, LLC

alec@attorneybuchanan.com, laura@attorneybuchanan.com

David E. Buckley on behalf of Creditor Brookline Savings Bank

dbuckley@buckleylawoffices.com, 

courts@buckleylawoffices.com;buckleylawoffices@gmail.com;dcelli@buckleylawoffi

ces.com

Christopher M. Dube on behalf of Creditor Rockland Trust

christopher.dube@mclane.com, bankruptcy@mclane.com

Steven J. Dutton on behalf of Counter-Defendant Rockland Trust Company

steven.dutton@mclane.com, bankruptcy@mclane.com

Steven J. Dutton on behalf of Creditor Rockland Trust

steven.dutton@mclane.com, bankruptcy@mclane.com

Steven J. Dutton on behalf of Creditor Rockland Trust Company

steven.dutton@mclane.com, bankruptcy@mclane.com

Steven J. Dutton on behalf of Plaintiff Rockland Trust Company

steven.dutton@mclane.com, bankruptcy@mclane.com

Geraldine Karonis on behalf of U.S. Trustee Office of the U.S. Trustee

Geraldine.L.Karonis@usdoj.gov

Office of the U.S. Trustee

USTPRegion01.MR.ECF@usdoj.gov

Kirk P. Rothemich on behalf of Creditor Brookline Savings Bank

rothemichlaw@aol.com

Mark C. Rouvalis on behalf of Counter-Defendant Rockland Trust Company

mark.rouvalis@mclane.com, bankruptcy@mclane.com;maryjo.herman@mclane.com

Case: 13-11635-BAH Doc #: 335 Filed: 01/06/15 Desc: Main Document Page 18 of 23
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Mark C. Rouvalis on behalf of Creditor Rockland Trust

mark.rouvalis@mclane.com, bankruptcy@mclane.com;maryjo.herman@mclane.com

Mark C. Rouvalis on behalf of Creditor Rockland Trust Company

mark.rouvalis@mclane.com, bankruptcy@mclane.com;maryjo.herman@mclane.com

Mark C. Rouvalis on behalf of Plaintiff Rockland Trust Company

mark.rouvalis@mclane.com, bankruptcy@mclane.com;maryjo.herman@mclane.com

UST on behalf of U.S. Trustee Office of the U.S. Trustee

USTPRegion01.MR.ECF@usdoj.gov, Geraldine.L.Karonis@usdoj.gov

Jack S. White on behalf of Creditor Merrimack County Savings Bank

bankruptcy@lawyersnh.com

Michael McCormack, Asst. U.S. Attorney on behalf of IRS

michael.mccormack2@usdoj.gov

EMC Insurance Companies

200 Crossings Blvd, Suite 300 

PO Box 7911

Warwick, RI 02887-6211

Mark D. Fernald, Esq. 

Brighton, Fernald, et al 

PO Box 270

Peterborough, NH 03458

Fernald, Taft, Falby & Little, P.A.

14 Grove Street 

PO Box 270

Peterborough, NH 03458

Prolman Realty, Inc.

100 Elm Street 

Nashua, NH 03060

Internal Revenue Service

Special Procedures Function

80 Daniel

PO Box 9502

Portsmouth NH 03802

Internal Revenue Service

Centralized Insolvency Operations

PO Box 7346

Philadelphia PA 19101-7346

Case: 13-11635-BAH Doc #: 335 Filed: 01/06/15 Desc: Main Document Page 19 of 23
20

State of New Hampshire

Dept. of Employment Security

Attn: Arnold Rocklin-Weare

32 South Main Street

Concord, NH 03301

FULL CREDITOR SERVICE LIST

In Re: Cherb, LLC, Chapter 11, Case No. 13-11635-BAH

A&E Custom Coffee Roastery, LLC

135 Route 101A #7

Amherst, NH 03031

American Security & Fire Protection

PO Box 1003

Amherst, NH 03031

Anjoli, LLC

c/o Jonanna Gendron

19A Ox Brook Woods Road

Milford, NH 03055

ASR Roofing

301 Newbury Street, #123

Danvers, MA 01923

Barlo Signs

158 Greeley Street

Hudson, NH 03051

BioTech Pest Control, Inc.

22 Windmere Dr.

Raymond, NH 03077

Bluestone Capital, LLC

3 Bessom St., #151

Marblehead, MA 01945-2371

Brookline Bank

131 Clarendon Street

Boston, MA 02117

Brookline Savings Bank

Attn: Chris Williams

PO Box 470469

Brookline Village, MA 02447

Case: 13-11635-BAH Doc #: 335 Filed: 01/06/15 Desc: Main Document Page 20 of 23
21

Cheryl Hardman

POB 227

Milford, NH 03055

Connecticut Underwriters Inc.

PO Box 2784

Middletown, CT 06457

Eastern MacDuffie

PO Box 38

Hudson, NH 03051

Eastern Propane & Oil

POB 1800

Rochester, NH 03866

Electrical Supply of Milford

318 South Street - Route 13

Milford, NH 03055

EMC Insurance Companies

PO Box 219225

Kansas City, MO 64121-9225

Environmental Protection Division

PO Box 4600

Manchester, NH 03108-4600

Fairpoint Communications

PO Box 11021

Lewiston, ME 04243

Fernald, Taft, Falby & Little

PO Box 270

Peterborough, NH 03458

Gold’s Gym

191 Elm Street

Milford, NH 03055

Herbert Hardman

POB 227

Milford, NH 03055

IRS

Special Procedures

80 Daniel St., PO Box 9502

Portsmouth, NH 03802

IRS

POB 7346

Philadelphia, PA 19101-7346

Case: 13-11635-BAH Doc #: 335 Filed: 01/06/15 Desc: Main Document Page 21 of 23
22

John Turner

20 Grove Street

Peterborough, NH 03458

Liberty Utilities

PO Box 11735

Newark, NJ 07101-4735

Manchester Water Works

PO Box 9677

Manchester, NH 03108-9677

Manchester Water Works

281 Lincoln Street

Manchester, NH 03103

MD's Trash Removal

PO Box 155

Milford, NH 03055

Merrimack County Savings Bank

PO Box 2826

Concord, NH 03302-2826

MetLife Auto & Home

PO Box 41753

Philadelphia, PA 19101-1753

Prime Roofing Corp.

PO Box 478

New Ipswich, NH 03071

Prolman Realty

100 Elm Street

Nashua, NH 03060

PSNH

POB 330

Manchester, NH 03105

Public Service of NH

PO Box 650047

Dallas, TX 75265-0047

Rockland Trust

399 Highland Avenue

Somerville, MA 02144

Case: 13-11635-BAH Doc #: 335 Filed: 01/06/15 Desc: Main Document Page 22 of 23
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Rockland Trust

Christopher M. Dube, Esq.

Mclane, Graf, Raulerson et al

PO Box 326

Manchester, NH 03101

Secondwind Water Systems

735 E Industrial Park Dr.

Manchester, NH 03109

State of New Hampshire

Dept. of Employment Security

Attn: Arnold Rocklin-Weare

32 South Main Street

Concord, NH 03301

The Cincinnati Insurance Group

PO Box 145496

Cincinnati, OH 45250-5496

The Hardman Companies

POB 227

Milford, NH 03055

Town of Amherst Tax Collector

PO Box 960

Amherst, NH 03031

Town of Milford Water Utilities

1 Union Square

Milford, NH 03055

Town of Milford, NH

Tax Collector

1 Union Square

Milford, NH 03055

Tractor Supply

191 Elm Street

Milford, NH 03055

U.S. Securities and Exchange Commission

Northeast Regional Office

233 Broadway

New York, NY 10279

Wage and Hour Administrator

NH Department of Labor

PO Box 2076

Concord, NH 03302-2076

Case: 13-11635-BAH Doc #: 335 Filed: 01/06/15 Desc: Main Document Page 23 of 23