Case number: 3:18-bk-31722 - ServiCom LLC, JNET Communications LLC, and Vitel Communications LLC - Connecticut Bankruptcy Court

SCHEDULING ORDER REGARDING OBJECTIONS TO CLAIMS BY PEARL ALPHA FUNDING, LLC D/B/A EVERLASTING CAPITAL, LLC: The Chapter 7 Trustee, Barbara H. Katz, objected to several proofs of claim filed by creditor Pearl Alpha Funding, LLC d/b/a Everlasting Capital, LLC ('Pearl') in the various cases jointly administered under Case No. 18-31722. Case No. 18-31722, ECF Nos. 2332, 2335; Case No. 18-31723, ECF Nos. 50, 51; Case No. 18-31724, ECF No. 54 (collectively the 'Claim Objections'). Pursuant to Fed.R.Bankr.P. 3007(a)(2) the Trustee served the Claim Objections to the address specified in Pearl's various proofs of claim. However, after filing its proofs of claim, Pearl filed a notice requesting service at an alternative address. Case No. 18-31722, ECF No. 954 (the 'Notice').

Pursuant to the Court's Contested Matter Procedure, if certain motions are properly served and not objected to, the Court may grant relief without a hearing. See Local Bankr.R. 9014-1. Although the Trustee has complied with the service requirements of Fed.R.Bankr.P. 9014, 7004, and 3007, the Claim Objections were not served at the Notice address.

Although perhaps Pearl should have amended its proofs of claim, it appears Pearl sought, via the Notice, to alert the Debtors and other parties in interest of a new service address. In the interests of justice, and to ensure Pearl receives adequate due process, even though the Trustee may not be required to serve Pearl at the Notice address pursuant to applicable bankruptcy rules, the Court will require service at the Notice address before ruling on the Claim Objections.

Accordingly, it is hereby

ORDERED: On or before March 20, 2026, the Chapter 7 Trustee must file an amended certificate of service indicating service on Pearl at the address specified in the Notice. No action will be taken on the Claim Objections until the new objection deadline, based upon the date service is made at the address specified in the Notice and pursuant to Local Bankr.R. 9014-1, elapses. Signed by Chief Judge Ann M. Nevins on March 16, 2026.

ORDER SUSTAINING IN PART AND OVERRULING IN PART CHAPTER 7 TRUSTEE'S OBJECTIONS TO PROOFS OF CLAIM 19 AND 63: Barbara H. Katz is the Chapter 7 Trustee ('Trustee') of three bankruptcy estates being jointly administered (but not substantively consolidated) identified by the following case numbers:

SERVICOM LLC, (Case No. 18-31722)
JNET COMMUNICATIONS LLC (Case No. 18-31723)
VITEL COMMUNICATIONS LLC (Case No. 18-31724)

Pursuant to prior Court orders, most pleadings and papers relating to any of the jointly administered cases are to be filed using the lead case number 18-31722. However, all proofs of claim and any objections to them are to be filed using only the case number of the entity from which a right to payment is asserted. Case No. 18-31722, ECF Nos. 29, 591.

The Trustee filed this Objection to Proofs of Claim 19-1 ('Claim No. 19') and 63-1 ('Claim No. 63') filed by creditor Dario A. Ferraro (the 'Claimant') in this case, Case No. 18-31722, In re: Servicom LLC. ECF No. 2333. The objection seeks an order that disallows in full Claim No. 19 as duplicative, and requests the Court to allow a portion of Claim No. 63 worth $2,027.62 in Case No. 18-31723, In re: JNET Communications LLC (the 'JNET case'). Thought the Claimant was served notice of the Trustee's objection; notice was not provided in the JNET case. No timely response to the objection was filed and the objection is being considered after notice and the opportunity for a hearing. See, 11 U.S.C. § 102(1).

Because notice of the proposed allowance of portions of Claim No. 63 in the bankruptcy case of JNET was not provided, leaving parties in interest in that case without an opportunity to be heard regarding the Trustee's proposed allowance of claims new to that case, the Trustee's objection will be sustained in part and overruled in part. Accordingly, it is hereby

ORDERED: Claim No. 19 in this Chapter 7 Case for Servicom is disallowed in full as duplicative; and it is further

ORDERED: The Trustee's request for an order allowing Claim No. 63 by Dario A. Ferraro as a priority wage claim in the amount of $2,027.62 in the estate of JNET Communications, LLC, Case No. 18-31723 is overruled at this time for lack of sufficient notice. Signed by Chief Judge Ann M. Nevins on March 16, 2026. (sms) (Entered: 03/16/2026)

INTERIM MEDIATOR’S REPORT: The parties to the mediation have reached an agreement in principle to settle their various disputes and have been instructed to begin drafting the necessary settlement documents. They will report further to the Court at the March 13, 2026 status conference. I remain available to assist the parties should further need arise. Signed by Judge James J. Tancredi on March 13, 2026. (sms) (Entered: 03/13/2026)