EX-99.3 4 ex99_3.htm EXHIBIT 99.3 ex99_3.htm
Exhibit 99.3
 
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
 
IN RE:
§
Chapter 11
 
§
  
THE BOMBAY COMPANY, INC.,
§
CASE NO. 07-44084-dml-11
THE BOMBAY FURNITURE COMPANY, INC.,
§
CASE NO. 07-44085-dml-11
BBA HOLDINGS, LLC,
§
CASE NO. 07-44086-dml-11
BOMBAY INTERNATIONAL, INC.,
§
CASE NO. 07-44087-dml-11
BAILEY STREET TRADING COMPANY, and
§
CASE NO. 07-44088-dml-11
BMAJ, INC.
§
CASE NO. 07-44061-dml-11
 
§
  
 
§
Jointly Administered Under
 DEBTORS.
§
Case No. 07-44084-dml-11
 
NOTICE TO STOCKHOLDERS OF THE BOMBAY COMPANY, INC. REGARDING THE
FIRST AMENDED CONSOLIDATED JOINT PLAN OF LIQUIDATION DATED JULY 2, 2008
 
As you should be aware, The Bombay Company, Inc. (“BBA”), The Bombay Furniture Company, Inc. (“Bombay Furniture”), BBA Holdings, LLC (“BBA Holdings”), Bombay International, Inc. (“Bombay International”), Bailey Street Trading Company (“Bailey Street”), and BMAJ, Inc. (“BMAJ”) (collectively, “Bombay” or the “Debtors”) are currently debtors-in-possession in Chapter 11 bankruptcy cases.  The Debtors and the Official Committee of Unsecured Creditors (the “Committee”) have proposed the First Amended Consolidated Joint Plan of Liquidation of the Debtors Together With the Official Committee of Unsecured Creditors Under Chapter 11 of the Bankruptcy Code (the “Plan”) and the Bankruptcy Court has authorized Bombay to solicit acceptances or rejections of the Plan from holders of claims and equity interests.
 
The Plan provides for the complete and orderly liquidation of the Debtors.  The Debtors’ assets (principally cash and certain intangible assets) will be transferred to a liquidation trust for distribution to creditors.
 
Because unsecured creditors are not being paid in full, the priority scheme of the Bankruptcy Code provides that stockholders will not receive a distribution on account of their equity interests in Bombay.  The stock of The Bombay Company, Inc. will be canceled under the Plan, the stockholders are deemed to have rejected the Plan and are not being asked to vote to accept or reject the Plan.
 
The Bankruptcy Court has scheduled the Confirmation Hearing for August 20, 2008 at 1:30 p.m., Central Time, before the Honorable D. Michael Lynn, United States Bankruptcy Judge, U.S. Bankruptcy Court, 501 W. Tenth Street, Fort Worth, Texas 76102.  The Confirmation Hearing may be adjourned from time to time by oral notice at such hearing.  If you object to confirmation of the Plan, you must file a written objection with the Clerk of the Bankruptcy Court in Fort Worth, Texas, 501 W. Tenth Street, Fort Worth, Texas 76102-3643 on or before August 11, 2008 at 4:00 p.m., Central Time, and serve a copy on the following:

 
Debtors’ Counsel
  
   
HAYNES AND BOONE, LLP
HAYNES AND BOONE, LLP
John D. Penn
Robert D. Albergotti
201 Main Street, Ste. 2200
901 Main Street, Ste. 3100
Fort Worth, Texas 76102
Dallas, Texas 75202
Telephone: 
817.347.6610
 Telephone:
214.651.5613
Telecopy:
817.348.2300
 Telecopy: 
214.200.0350
Email:  
john.penn@haynesboone.com
 Email:
robert.albergotti@haynesboone.com
 
Page 1 of 2

Committee Counsel
Office of the United States Trustee
   
COOLEY GODWARD KRONISH LLP
George McElreath
Cathy Hershcopf
Office of the United States Trustee
1114 Avenue of the Americas
1100 Commerce Street, Room 976
New York, NY 10036-7798
Dallas, Texas 75242
Telephone: 
212.479.6138
 Telephone:  
214.767.8967
Telecopy:   
212.937.2041
 Telecopy:    
214.767.8971
Email:   
chershcopf@cooley.com
  
   
 
Address of Bankruptcy Court Clerk
FORSHEY & PROSTOK, L.L.P.
  
Jeff P. Prostok
United States Bankruptcy Court
777 Main Street, Ste. 1290
Northern District of Texas, Fort Worth Division
Fort Worth, Texas 76102
501 West 10th Street
Telephone:
817.877.8855
Fort Worth, Texas 76102-3643
Telecopy: 
817.877.4151
 Telephone:
817.333.6000
Email:  
jprostok@forsheyprostok.com
  
 
Pursuant to an order of the Bankruptcy Court, the Debtors are not providing you with a copy of the Plan or Disclosure Statement for the Plan. Copies of both the Disclosure Statement and the Plan are available at www.alixpartners.com/bombay.

Any questions regarding this notice should be directed to one of the attorneys listed above or the following person at Haynes and Boone, LLP, counsel for the Debtors:
 
   Kim Morzak
  
   Paralegal
  
   Kim.Morzak@haynesboone.com
  
   214-651-5420
  
 
NOTICE: IF YOU HOLD EQUITY SECURITIES OF THE BOMBAY COMPANY, INC. AS NOMINEE OR FOR THE BENEFIT OF ANOTHER PARTY, YOU ARE DIRECTED TO DELIVER A COPY OF THIS NOTICE TO ALL BENEFICIAL HOLDERS OF SUCH EQUITY SECURITIES REGISTERED UNDER YOUR NAME.
 
Dated: July 3, 2008
THE BOMBAY COMPANY, INC., et al
 
 
 Page 2 of 2