Docket #4686 Date Filed: 3/8/2010

Pacific

Gas

and
Credit 0perations P. 0. Box 8329
Stockton, CA 95208

Electric Company'

March 2,2010 United States Bankruptcy Court District of Delaware 824 Market St, 3'd Fl Wilmington, DE 19801

Re: Mervyn's Holdings, LLC et al

Case # 08-11586 Claim # 233, Pacific Gas and Electric Company

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RESPONSE/OPPOSIT|ON rO OMNTBUS MOTION FOR ORDER DISALLOWANCE OF CERTAIN CLAIMS Dear Sir:

This is PG&E's response to the above noted motion seeking disallowance of our claim in the amount of $348,363.20. The motion indicates that "The Debtors have reviewed their books and records and determined that the amount of the claim is overstated and should be reduced."
The debtor's "books and records" reflect only those invoices for utility usage through the meter reading dates precedinq the debtor's Chapter 11 filing. Once notified of a filing, PG&E stops the mailing of all invoices. The debtor does not receive the final bill - which includes the utility usage up to the date of filinq. Debtor records nevei agree with our claimed amount because, in order to comply with the automatic stay, we do not mail the final bill to the debtor. lnstead, we present it as documentation with our claim.
I have reviewed each of the accounts included in the claim to be certain that the amounts are still owing. The claim and the supporting invoices are correct as submitted. (l've enclosed a copy of our claim and the supporting documents.)

PG&E requests that the objection to our claim be withdrawn and that we receive notification of such withdrawal.

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&'/g't^Green'
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Barbara Bankruptcy Clerk PACIFIC GAS AND ELECTRIC COMPANY 209-955-7207

cc: Richards, Layton & Finger

PA

Morgan, Lewis & Bockius LLP enclosure

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United States Bankruptcy Court District of Delaware

in RE (Name of Debtor)

PROOF OF CLAIM
Case Number

Note: This form should not be used to make a claim for an administrative expense arising after the commencement of the case. a
"requesfl for payment of an administrative expense may be filed pursuant to 1 1 U..S.C, & 503

re

08-11586

Name of Creditor
Ohe person or other entity to whom the debtor owes money property)

ll n

Chect< Box if you are aware that anyone else

has filed a proof of claim relating to your

claim. Attach copy of statement giving

PACIFIC GAS AND ELECTRIC COMPANY

Name and Address Where Notices Should be Sent

particulars. Check box ifyou have never received any notices from the bankruptcy court in this

BARBARA GREEN,BANKRUPTCY UNIT

PO Box 8329 Stockton. CA 95208

U
Telephone

No: 209-955-7207
see attached list

Check box if the address differs from the address on the envelope sent to you by the court.
repraces

THIS SPACE IS FOR COURT USE ONLY

ACCOUNT OR OTHER NUI\,,IBER BY WHICH CREDITOR IDENTIFIES DEBTOR:

Check here if this claim

a previously filed claim,

dated:--

amen0s

1. BASIS FCR CLAIM

I I Money loaned I Personal injury/wrongful death | | laxes E Ott't"r (Describe briefly) UTILITY 2. oRre DEBT wAS INCURRED:
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Goods sold Services perforrned

from
SERVICE

Retiree benefits as defined in 11 U.S.C & 1114 (a) Wages, salaries, and compensation (Fill out below) Your Social Securiiy number Unpaid compensation for services performed
to

(date)

(date)

3.

tF

couRT JUDGMENT, DATE oBTAtNED:

4. oLASSIFICATION OF CLAIM. Under the Bankruptcy Code

al I claims are classified as one or more of the following: (1) Unsecured nonpriority. (2) Unsecured Priority. (3) Secured. lt is possible for part of a claim to be in one category and part in another/ CHECK THE APPROPRIATE BOX 0R BOXES that best describe r our claim and STATE THE A[/OUNT 0F THE CLAIM AT THE TltilE CASE FILED. se cunro cLl\rM $ I E W.gur, salaries, or commissions (up to $4000), *earned not more than 90 Attach evidence of perfection of security interest. days before filing of the bankruptcy petition or cessation of the debtors' I

Brief Descriotion of Collateral:

neat Estate

Motor

Vehicle

otn", (Describe

I f] II

business, whichever is earlier - 11 U.S.C. S 507 (a) (3) ContriUutions to an employee benefit plan - 11 U.S.C. S 507 (a)(

Briefly)

Amount of arrearage and other charges at time case filed included in secured claim above, if any $

I
I

Up to $1,800- of deposits toward purchase, lease, or rental of property or services for personal. family, or household use - 11 U.S.C.S 507 (a)(6)

In
UNSECURED NONPRIORITY CLAIM $ $348,759.20 A claim is unsecured if there is no collateral or lien on property of the debtor securing the claim or to the extent that the value of such property is less than the amount of the claim.

Alimony , maintenance, or support owed to a spouse, former spouse, or child11 U.S.c. S 507 (a) (7)
Taxes or penalties of governmental units - 11 U.S.C. S 507 (a) (8) Other - Specify applicable paragraph of 11 U.S.C. g 507 (a) *Amounts are subject to adjustment on 4.111198 and every 3 years thereafter with respect to cases commences on or after the date of adiustment.

In

UNSECURED PRIORITY CLAIM $ Specifu the prioritv of the claim. 5. TOTAL AMOUNT OF cLAtM AT THE T|ME $ $ $ $348J59.2O.:r (Secured) (Unsecured) CASE FILED: flotal) Check this box if claim includes charqes in addition to the principal amount of the claim Attach itemized statement of all additional charqes 'HIS 6. CREDITS AND SETOFFS: The amount of all payments on this claim has been credited and deducted for the SPACE IS FOI purpose of proof of claim. In filing this claim, claimant has deducted all amounts that claimant owe to debtor. COURT USE ONLY

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$348.759.20

_$

(Priority)

7. SUPPORTING DOCUMENTS: Attach copies of supportino documents such as_promissory notes. purchase orders. invoices, itemized statements of running accounts, contracts, court judgments, or evidenbe of security interests. lf the documents are not available, explain. lf the documents are voluminous, attach a summary.

addressed
Date

8.

TIME STAMPED COPY: To receive an acknowledgment of the filing of your claim, enclose a stamped, selfenvelope and copv of this proof of claim. Sign and print the name and title, if any, of the creditor or other person authorized to file this claim (attach copy of power of attorney, if any) Barbara Green, Bankruptcy Clerk

9/8/08
Penaltyforpreotingfraudulotclaim:
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