Laserfiche WebLink
Substantive Obiections <br />5. As Debtor concedes, Proler sold goods on credit to the <br />Debtor at a time when it was insolvent, and Proler made a proper <br />reclamation demand with respect to all such goods that were <br />received by the Debtor within the ten days prior to the giving of <br />the notice and that were still in the possession of the Debtor at <br />the time the notice was given. However, Debtor and Proler <br />apparently disagree substantially with respect to the quantity of <br />goods that were received during the ten-day period and were still <br />in the Debtor's possession at the time Proler's reclamation notice <br />was given. <br />6. Proler believes that all of the goods sold to Debtor <br />which form the basis of Proler's Claim were received by the Debtor <br />within the ten days prior to Proler's reclamation notice. Proler <br />is at this time without knowledge or information sufficient to form <br />a belief as to precisely which of those goods were still in the <br />Debtor's possession at the time the reclamation notice was given, <br />but believes that discovery will establish that most or all of the <br />goods were still in Debtor's possession at that time. Therefore, <br />Proler denies that any portion of its Claim should be disallowed <br />and objects to Debtor's attempt to accomplish that result by way of <br />its Motion. <br />7. Proler respectfully submits that determination of any <br />legal issues that may be relevant to this dispute must await <br />development, through discovery, of the facts that will give rise to <br />such issues. However, it is possible that Proler and the Debtor <br />-4- <br />