Presentation at F&D Reports Quarterly Meeting on Fresh & Easy Chapter 11

November 6, 2013

On Monday, October 28, Otterbourg partners, Scott Hazan, Jenette Barrow-Bosshart and David Posner gave a presentation at the F&D Reports Quarterly dinner to approximately 100 credit professionals on the Fresh & Easy Chapter 11 case.

The presentation focused on the background of the case, Section 363 of the Bankruptcy Code and the sale process to an affiliate of Yucaipa, the terms of the asset purchase agreement and the proposed program for creditors under Section 503(b)(9) of the Bankruptcy Code with claims based on sales of goods to the Chapter 11 debtor within 20 days of the commencement of the Chapter 11 as well as general tips and guidelines for creditors in using Section 503(b) of the Bankruptcy Code to their advantage.