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Published on 10/21/2008 in the Prospect News Distressed Debt Daily.

Mervyn's hearing on return of vendor goods continued to Dec. 23

By Jennifer Lanning Drey

Portland, Ore., Oct. 21 - Mervyn's Holdings, LLC's hearing on GMAC Commercial Finance LLC's request that the court order Mervyn's to return goods sold to the company prior to its bankruptcy filing was continued to Dec. 23, according to a source familiar with the case.

The hearing was originally scheduled for Oct. 21 in the U.S. Bankruptcy Court for the District of Delaware.

As previously reported, GMAC is a vendor factoring agreement party.

In a Sept. 24 motion, GMAC asked the court to force Mervyn's to return all goods sold by the vendors under the agreement in the 45 days leading up to its bankruptcy filing or immediately pay a $3.89 million administrative claim.

Mervyn's, a San Francisco-based department store, filed for bankruptcy on July 29. Its Chapter 11 case number is 08-11586.


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