Case Background

On July 19, 2015, The Great Atlantic & Pacific Tea Company, Inc. and 20 affiliated debtors (collectively, the "Debtors") each filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York.  The cases are pending before the Honorable Judge Robert D. Drain and are jointly administered under Case No. 15-23007.

Bankruptcy Court Contact Information

If you are seeking to contact the Bankruptcy Court for the Southern District of New York, please do so via hard copy at the following address:

Southern District of New York (White Plains)
300 Quarropas Street, Room 248
White Plains, NY 10601
Attn: Chambers of the Honorable Judge Robert D. Drain

Important Information & Dates

Case Resolution Motion

On March 19, 2021, the Debtors and the Official Committee of Unsecured Creditors, with the consent and review of the large majority of the Debtors’ unions, filed a joint motion (the “Case Resolution Motion”) for approval of procedures to administer an efficient resolution of the Debtors’ chapter 11 cases and distribute available funds to the Debtors’ remaining creditors in accordance with the Global Settlement Agreement and the bankruptcy code. 

Under the Case Resolution Motion, the Debtors propose to distribute their remaining $10.35 million in cash, plus certain additional assets received or released through the resolution of outstanding matters, to holders of administrative expense claims.  The Debtors do not have sufficient funds to pay administrative claims in full and anticipate making distributions of approximately 20% to holders of Allowed Administrative Expense Claims.  The Debtors do not have sufficient funds to make any distributions on account of prepetition priority or non-priority general unsecured claims. 

Additional information regarding the case resolution procedures, including the treatment of claims and the reservation of funds for disputed administrative claims, can be found in the Creditor Notice and the URI Notice, and the schedules attached thereto.  Inquiries regarding individual claim allocations for union-represented individuals should be directed to the Unions and the Debtors via the contact information provided in the URI Notice.

A telephonic hearing on the Case Resolution Motion is scheduled for May 11, 2021 at 10:00 a.m. (ET).  Parties seeking to object to the Motion must file a written objection, which conforms to the Bankruptcy Rules and the Local Bankruptcy Rules for the Southern District of New York as outlined in the Creditor Notice, so as to be received no later than April 23, 2021 at 4:00 p.m. (Eastern Standard Time).

Case Resolution Motion

URI Notice

Creditor Notice

Stay Extension Order

Schedule 2A - Allowed Claims Non-Union

Schedule 2B - Allowed Pension GSA Claims (Union)

Schedule 2C - Union PTO - Allowed Unions Claims

Schedule 2D - Union Claims - Grievances

Schedule 2E - Union Other Claims

Schedule 3 - Disputed Claims

Schedule 4 - Union Represented Individuals

Global Settlement Agreement

On May 10, 2016, the Debtors and the Official Committee of Unsecured Creditors filed a joint motion (the “Motion”) for approval of a Global Settlement agreement among the Debtors, the Creditors’ Committee, the Prepetition PIK Notes Trustee, the Prepetition Convertible Notes Trustee, Unions and the Pension Plans, and for related relief.  The Global Settlement resolves, among other things, the Creditors’ Committee’s potential challenges that were preserved under the Final DIP Order, including the avoidance of prepetition liens of the Secured Creditors and equitable subordination of the Secured Creditors’ claims.  In exchange, the Secured Creditors have agreed to (i) cede $11.25 million in cash collateral and share in proceeds from avoidance actions with the Debtors’ estates as described in the Motion; (ii) share in the proceeds of a prepetition cause of action of the Debtors with the Pension Plans, with 5% of such proceeds (not to exceed $1.5M) to be distributed to the Pension Plans; (iii) share 5% of the value of tax savings actually realized by the Secured Creditors with the Pension Plans to the extent the Debtors file a chapter 11 plan that provides for the continued operation of the liquor stores by the reorganized Debtors and the preservation of net operating loss carryforwards; and (iv) support a substantial contribution claim of the United Food and Commercial Workers Union, International Union and consent to the payment of $1.5M in fees and expenses of the attorneys and financial advisors to the Unions.  In addition, pursuant to the Global Settlement, the Debtors will continue making pay downs of the Secured Creditors’ claims, subject to a modified wind down budget that will allow for the continued use of Cash Collateral by the Debtors.

A hearing to consider the Motion was held before the Honorable Robert D. Drain in the United States Bankruptcy Court for the Southern District of New York, located at 300 Quarropas Street, White Plains, New York, 10601, on June 2, 2016 at 10:00 a.m. (Prevailing Eastern Time).  On June 6, 2016, the bankruptcy court entered an order approving the Global Settlement Agreement.

Notice of hearing and summary of the key terms of Global Settlement

Motion to Approve Global Settlement

Global Settlement Agreement 

Auction of Liquor Store Assets and Licenses

The Debtors issued the below notice regarding their intent to sell (i) their liquor stores, including the related store lease agreements, permits and/or licenses, inventory, and other assets, and (ii) their “pocket” liquor licenses (collectively, the “Liquor Store Assets and Licenses”).  Click below to view the notice, which includes important information, including dates, deadlines, and contact information in connection with the sale and bidding process for the Liquor Store Assets and Licenses. 

Notice of Sale of Liquor Stores Assets and Licenses

Click below to view the Debtor’s “Bid Process Letter” for the sale of the Liquor Store Assets and Licenses.

Bid Process Letter

Click below to view the Debtor’s form purchase agreements for the Liquor Store Assets and Licenses.

Form Liquor Store Purchase Agreement

Form Pocket Liquor License Purchase Agreement