Proof of Claim Information for Tops Members





DATE:  June 27, 2018




This memo provides important information to UFCW Local One-represented employees of Tops.


On February 21, 2018, Tops Holding II Corporation, and several of its subsidiaries (referred to together as “the Debtors”), filed Chapter 11 bankruptcy petitions in bankruptcy court in White Plains, New York.


The Bankruptcy Court has approved the Debtors’ Motion to set a bar date of July 31, 2018 at 5:00 p.m. (Eastern Time) for the filing of proof of claim forms for unsecured claims, which are claims that arose on or before the bankruptcy petitions were filed on February 21, 2018.  The bar date deadline does not apply to claims that arose after February 21, 2018.   It is our understanding that notices of the bar date have been sent to employees and former employees.  The setting of a Bar Date takes place in almost every bankruptcy case.


Local One will be filing a proof of claim with good faith reasonable estimates of vacation claims, Paid Time-Off Claims, and other categories of claims owed under the collective bargaining agreements with Tops.  Local One is not aware of any pending grievances or arbitrations about events occurring on or before February 21, 2018, and if you are aware of any such grievance please contact your local union representative by July 15, 2018 or it will not be filed by Local One.  Of course, if employees or former employees of Tops want to file a claim form they may do so (and if you do file a claim, carefully follow the instructions, including how and where to send claim forms so they are received by July 31, 2018),[1] but consistent with the information provided herein, employees represented by Local One DO NOT have to file a proof of claim FOR CLAIMS UNDER LOCAL ONE COLLECTIVE BARGAINING AGREEMENTS because Local One will be doing so.


NOTE: If employees or former employees have any claims that DO NOT arise under the collective bargaining agreement, including workers’ compensation, disability claims, discrimination claims, or any personal lawsuits, you should consider filing an individual proof of claim because claims of this type will NOT be included in any proof of claim filed by Local One and if you do not file this type of claim you may lose it.  If you have an attorney on any such matter you may want to discuss with the attorney the bar date and the filing of a proof of claim.  If you have claims against the Debtors for anything that does not arise under the collective bargaining agreement, filing the proof of claim is your responsibility. 


         Please contact your local union representative if you have any additional questions regarding this matter.


[1] If you file a proof of claim you must fill it out, name the correct debtor on it (a list of debtors is provided on page 12 of the order you received), and file it, along with any supporting paperwork (or an explanation why such paperwork is not available), by mail, hand delivery or via the internet to Epiq Bankruptcy Solutions, LLC (the company that is administering the claims against Tops).  A copy of the proof of claim form is available for download free of charge on Epiq’s website at  Detailed instructions regarding how to complete and submit this form are set out on pages 13-16 of the order you received. 

Again, consistent with the information provided herein, employees represented by Local One do not You do not have to file a proof of claim for claims under the Local One collective bargaining agreements because Local One will be doing so.