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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE
In re:
MERVYNS HOLDINGS, LLC, et al.
Debtors
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Chapter 11
Case No.: 08-11586 (KG)
Jointly Administered
Response Deadline: March 17, 2010
at 4:00 p.m.ET
Hearing: March 23, 2010 at 2:00 p.m.
ET
Re: D.I. No. 4620
CITY OF BURBANK'S RESPONSE TO DEBTORS' TWENTY-FIRST OMNIBUS
OBJECTION (SUBSTANTIVE) TO CERTAIN (A) MISCLASSIFIED, (B)
OVERSTATED AND MISCLASSIFIED AND (C) OVERSTATED CLAIMS AND
MOTION TO (I) RECLASSIFY, (II) REDUCE AND RECLASSIFY OR EXPUNGE
SUCH CLAIMS, OR (III) REDUCE OR EXPUNGE SUCH CLAIMS
The City of Burbank hereby responds in the above-captioned matter as follows:
1. On or about January 13, 2009, the City of Burbank (City) filed a timely
Proof of Claim in this proceeding in the amount of $13,318.58 for pre-petition utility
service furnished to the Debtors former retail store located at 245 E. Magnolia
Boulevard, Burbank, California 91502 (the Citys Claim). A copy of the Proof of Claim
is attached hereto as Exhibit A.
2. The Citys Claim was designated as item number 5775 on the Debtors
Claims Register. In an order dated May 20, 2009 (D.I. # 3886), the Court sustained the
Debtors First Omnibus Objection (Non-Substantive) to Certain (A) Duplicative, (B)
Amended and Superseded and (C) Late-Filed Claims (D.I. 3261; hereinafter First
Omnibus Objection), wherein the Debtors erroneously contended that the Citys Claim
was untimely because it was filed after the January 9, 2009 general bar date for non-
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0811586100317000000000002
Docket #4710 Date Filed: 3/17/2010
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governmental entities, ignoring the fact the City of Burbank is a governmental entity and
that its claim was filed before the January 26, 2009, bar date for government entity
claims. The City has no record that it was ever served with the Debtors First Omnibus
Objection, and did not file a response to it.
3. In the present matter, the Debtors seek a substantive ruling that the
Citys Claim is overstated and should be reduced to zero. The only evidence offered in
support of the objection is a declaration by the Debtors Chief Financial Officer stating
that he or others under his supervision examined the Debtors books and records and
determined this to be warranted. The declaration offers no specific facts indicating how
or why this conclusion was reached.
4. Attached hereto as Exhibit B is a copy of the Citys August 2008 Municipal
Services Bill (the August Bill) in the amount of $19,947.45. The Claim amount of
$13,318.58 represents a proration of the August Bill for the 27 pre-petition days in that
billing cycle. The pre-petition amount has not been paid.
5. Accordingly, the City submits that its Claim for $13,318.58 for pre-petition
utility service is not overstated, and the Debtors Objection should be overruled.
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As to the May 20, 2009 Order on the Debtors First Omnibus Objection, as
discussed above, if the Debtors are not inclined to stipulate as part of this proceeding
that the Claim be reinstated or if the Court is not otherwise inclined to grant such relief,
then the City will proceed to file a motion for reconsideration of that Order pursuant to
FRBP 3008.
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WHEREFORE, the City of Burbank respectfully prays that the Debtors objection
be OVERRULED.
DATED: March 17, 2010
Dennis A. Barlow, City Attorney
Cal. State Bar No. 63849
Richard J. Morillo, Sr. Asst. City Atty.
Cal. State Bar No. 82435
275 E. Olive Avenue
Burbank, CA 91502
(818) 238-5702
rmorillo@ci.burbank.ca.us
By: /s/ Richard J. Morillo__
Richard J. Morillo
Sr. Assistant City Attorney
Attorneys for the City of Burbank
EXHIBIT "A"
(Proof of Claim)
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ,_.
-PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. Check only one Debtor per claim form.
VMERVYN' S HOLDINGS, LLC. (CASENO. 08-11586) u MERVYN'S LLC. (CASE No. 08- 11587) u MERVYN'S BRANDS, LLC. (CASENO. 08-11588)
NOTE: This form
should not be used to make a claim for administrative expenses arising after the commencement
of the case A request for payment of an administrative
ex ense may be filed pursuant to 17 U.S.C. 503(a).
Name of Creditor (
the person or other entity to whom the debtor owes money or property):
u Check this box to indicate that this
BURBANK CITY OF CA
claim amends a previously filed claim.
Name and address where notices should be sent : Name Id: 4283219Pack No. 1927
Court Claim Number:
(If (mown)
Filed on:
BURBANK CITY OF CA
PO Box 631
BURBANK, CA 91503
'8'-2,3
Telephone number: Ul 37
Name and address where payment should be sent (if different from above): u Check this box if you are aware that
anyone else has filed a proof of claim
relating in your claim. Attach copy of
statement giving particulars.
Telephone number:
u Check this box if you are the debtor or
trustee in this case.
1. Amount of Claim as of Date Case Filed : S
S. Amount of Claim Entitled to
Priority under 11 U.S . C. 507(a).
If all or part of your claim is secured, complete item 4below; however, if all of your claim is unsecured , do not complete item 4.
If any portion of your claim falls in
If all or part of your claim is entitled to priority, complete item 5.
one of the following categories,
check the box and state the amount
u Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
Specify the priority of the claim.
statement of interest or charges.
u Domestic support obligations under
2. Bests for Claim:
11 U.S.C. 507( a)(1)(A) or ( a)(1)(B).
(See instruction 2 on revere side.)
u Wages, salaries , or commissions (up to
3. Last four digits of any number by which creditor identifies debtor :
$ 10,950"
)
earned within 180 days
before filing of the bankruptcy petition
3a. Debtor may have scheduled account as:
or cessation of the debtors business,
( See instruction #3a on reverse side.)
whichever is earlier - I I U.S.C.
4. Secured Claim (See instruction #4 on reverse side.)
507(a)(4).
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
u Contributions to an employee benefit
information. plan - I I U.S .C. 507( a)(5).
Nature of property or right of setoff : u Real Estate u Motor Vehicle u Other u Up to $2,425 of deposits toward
Describe: purchase, lease, or rental of property or
services for personal , family, or
Value of Property: S Annual Interest Rate %
- household use -11 U.S.C.
Amount of arrearage and other charges as of time case filed included in secured claim,
507(a)(7).
if any: S Basis for perfection:
u Taxes or penalties owed to
governmental units -I1 U.S.C.
Amount of Secured Claim : SAmount Unsecured: S-_.-._
507(a)(8).
u Other - Specify applicable paragraph
6. Claim Pursuant toll U.S. C. 503(b)(9) S of l l U.S.C. 507(a)(,J.
u
Check this box if you have a claim arising from your provision of goods to the Debtor in the ordinary course of the Debtor's
business in the 20 days before , 2008. Attach documentation supporting such claim.
Amount entitled to priority:
7. Credits :
The amount of all payments on this claim has been credited for the purpose of making this proof of claim. $
8. Documents : Attach redacted copies of any documents that support the claim, such as promissory notes , purchase orders,
'
Amounts are subject to adj ustment on
invoices , itemized statements or running accounts , contracts , judgments , mortgages , and security agreements . You may also
4/1/10 and every 3 years thereafter with
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest . You may also
" "
respect to cases commenced on or after
on reverse side.) attach a summary. (See definition of redacted
the date of adj ustment
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Signature: the person filing this claim must sign it Sign and print more and title , if any, of the creditor or other FOR Y
/
D
ate: ) / person authorized to file this claim and state address and telephone number if different from the notice addr ess above.
/Attachcopy of power of attorney, if any. r, I;I]_ (1W P--, s
1YTarv
13 2009
C o i?3e
V) Ct 5 A1
5- > 1^
Penahyfor presenting fraudulent claim: Fine of up in $500,000 or imprisonment for up to 5 years , or both. 18 U.S. C. 152and 3571.
T S
111111111111111111111111111111111111111111111111111111111
0811586080903101817004927
Mervyn' s Holdings, LLC Pre-Petition Charges
1 AUO 2009 184 66 89 1846689 0 00 Y 19947 45 j 19947 45 l
.... y ....::.. .... } ..:::::.
10JL1.-2008 1612150 1812150
4__
;
000:<^ 1848689 p 1846689?
i 511 JUN 2008 16540 84 .
.
1654004
....
0 00 : R 16121 . 50 i 16121 50 ?.
....., ., , .u .. ...............::..
.... ..
........^, ;.,
07 MAV2008 1366304 1366304 OW l2 1654
0
084 2 1851084 S I .
10 APR2708 12181 28 a 12181 28 B oB 13863 04 1366304 (-,:
14 MAR2008 1313008 1313009
<
0001 ? 12181 .29fT 1218128 r
_.....:. z...,.,.....
^W
.
.. ..._... ._,_.
E .13 FEB-2008 312fi958 3126956 p
.$
000 :. 1313008 1313008 '(
11 -JAN-2008 1639158
000 ,...
000 ` ! 1487798 3126958""
BK effective date 7/29/08
Pre-petition charges include the following:
Aug/08bill of $19,947.45 consists of 34 days of service.
The bill was adjusted according to the bankruptcy effective date and by individual rates. Charges are
as follows:
07/02/08 -07/29/08 (27days of service) = $13,318.58 of pre-petition
07/30/08 -08/05/08 (7 days service) = $6,628. 87 of post -petition
Total claim for pre-petition charges - 13,318.58
EXHIBIT "B"
(Municipal Services Bill for August 2008)





0 0 0 0 0 0 9 4 4 0 0 0 0 8 5 3 0 0 0 0 0 0 0 0 0 0 0 1 9 9 4 7 4 5 3

CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 17, 2010, served a copy of the
foregoing City of Burbanks Response to Debtors Twenty-First Omnibus Objection
(Substantive) to Certain (A) Misclassified, (B) Overstated and Misclassified and (C)
Overstated Claims and Motion to (I) Reclassify, (II) Reduce and Reclassify or Expunge
Such Claims, or (III) Reduce or Expunge Such Claims by first class mail, postage
prepaid on the following parties:
Mark D. Collins
Daniel J. DeFranceschi
Christopher M. Samis
Andrew C. Irgens
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington, Delaware 19801
and
Howard S. Beltzer
Wendy S. Walker
MORGAN, LEWIS & BOCKIUS LLP
101 Park Avenue
New York, New York 10178-0060
Attorneys for the Debtors and Debtors in Possession
_/s/ Maria D. Wilson_____
Maria D. Wilson