Law firm says potential Hostess buyer Cookies & Sweets not a client

By Jim Witters

Wilmington, Del., Nov. 28 - A company that has offered to buy Hostess Brands, Inc. is not a client of a law firm listed in court documents, according to a letter to the judge filed Nov. 28 with the U.S. Bankruptcy Court for the Southern District of New York.

Gerald E. Harper, who represents Paul, Weiss, Rifkind, Wharton & Garrison LLP, wrote a letter to judge Robert D. Drain stating that he has informed Cookies & Sweets Bakeries the law firm is "not in a position to represent Cookies & Sweets in this matter."

Cookies & Sweets filed a motion on Nov. 27 seeking a continuance in the bankruptcy proceeding to allow Cookies & Sweets to buy Hostess and restart operations.

Cookies & Sweets also said it is prepared to meet with the U.S. Trustee to determine a purchase price "in accordance with a just distribution of funds to cover company shareholders, creditors, bondholders, stockholders, vendors and other debts to be negotiated."

In addition, Cookies & Sweets said it is prepared to meet with all unions related to the case to resume business immediately.

However, Harper wrote to the judge that his firm "has no relationship with Cookies & Sweets Bakeries, and did not authorize the use of its name on this motion."

Harper said he called the Michigan phone number listed in the Cookies & Sweets motion and spoke with James Davis.

Davis told Harper that he had contacted Paul, Weiss, Rifkind, Wharton & Garrison but had not received a reply to his request for representation.

The law firm had no record of the call, Harper wrote to the judge.

Hostess Brands, an Irving, Texas-based operator of regional bakeries, filed for bankruptcy on Jan. 11, 2012. Its Chapter 11 case number is 12-22052.

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