Harbor Hill Bankruptcy: Sale Motion, Status Conference, and Filing Claims

[Warren Agin]

Dear Owners.

This status e-mail on the Harbor Hill at Provincetown Condominium Trust will provide a short update on the sale process, information about a status conference scheduled with the court, and provide some information on filing claims.

First, please note that the key pleadings in the case are available on-line at http://bit.ly/2bY7dLJ

Last week, I filed a motion with the court seeking preliminary approval for auction procedures. The motion and exhibits are available online at:

https://drive.google.com/open?id=0B0d0aRPobaiHM2MteGt2NjBSQkk

These procedures were developed with the assistance of my sales agent, NRC, and are designed to maximize the recovery from a sale of the real estate while maintaining a transparent sale process under bankruptcy court oversight. The motion asks the court to set notice procedures, including objection dates. When that is done, formal notices will be sent to all interval owners using a combination of mail and e-mail, plus posting through this forum.

For those who are not yet familiar with my office's reasons for asking the court to allow a sale, please see my status report, available online at https://drive.google.com/open?id=0B0d0aRPobaiHM0Z4ZEs5YTdmZms

Second, the bankruptcy court has scheduled a status conference in the case for December 2, 2016, at 10:00, am. This hearing will be held at the Assembly of Delegates Room, Barnstable District Courthouse, 3195 Main Street, Route 6A, Barnstable, Massachusetts.   A copy of the notice is available on-line at https://drive.google.com/open?id=0B0d0aRPobaiHZklKa0RiWXpNaHM

Third, I've received a number of requests for information about how to file claims. I cannot provide legal advice on this issue. However, any claim against the estate can be filed using Official Form 410. I've placed a copy on-line at https://drive.google.com/open?id=0B0d0aRPobaiHU2E4MmdRTEtzbW8

With respect to claims by interval owners, it is important to keep in mind that while the court has set January 4, 2017, as the deadline for filing claims, formal notice of this deadline has not yet been sent to owners. I am working with my condominium specialists to finalize a termination agreement that will be circulated to all owners with a request that they sign and return it to help produce an efficient sale process that will maximize the recovery to interval owners. As part of that process, I plan to ask the court to set a new deadline for interval owners to file claims, as well as set processes to minimize the work involved. The plan is to adjust payments to interval owners to reflect missed payments for the special assessment and annual fees, so there will be no need for owners to file claims merely because they paid their assessment and 2016 fees. However, for those who want to file a claim at this point, here is what you do:

Download Form 410

In the box at the top, put in Harbor Hill at Provincetown Condominium Trust as the debtor, "Massachusetts" as the "District of" and 16-13349-JNF as the case number.

Part 1:

Box 1 The owner of the interval goes here.

Box 2: If you are the original party owed the money, there is no need to fill this out

Box 3: Your name, address and contact information goes here

Box 4: Only relevant if you are changing a prior filed claim
Box 5: Should be blank for most claimants. If there are co-owners for one interval, only one should file a claim

Part 2:

Box 6: You can leave blank

Box 7: Put the amount claimed here. If unclear where the number comes from, please attach a sheet with an explanation. Please keep in mind that we will object to claims based simply on the fact that you made the annual payments that everyone was supposed to make. I do recognize that some people lost the use of their week in 2016, and won't object to a claim for the lost of a week in the amount of the 2016 dues paid for owners who paid their 2016 dues but lost the use of their week.
Box 8: State the basis for the claim. Please indicate the interval or intervals (building-unit-week)
Box 9: We will object to claims that seek secured status. There might be exceptions, but interval owner claims will be unsecured.
Box 10: Should be no.
Box 11: If you owe money to HHPT, then indicate yes and state the amount.
Box 12: I can't provide legal advice about whether your particular claim is or is not entitled to priority status.

Part 3: Check the appropriate box, sign, date, and fill out the contact information. For most, the "I am the creditor" will be the correct box to check.

Claim forms should be mailed to: U.S. Bankruptcy Court, 5 Post Office Square, Boston, Massachusetts. 

Regards,

Warren Agin

Chapter 7 Trustee