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3441890 Canada Inc. and Motorcycle Tires & Accessories LLC

3441890 Canada Inc. and Motorcycle Tires & Accessories

Creditor and stakeholder information

Creditor and stakeholder information

On December 2, 2019, the Commercial Division of the Quebec Superior Court of the District of Montreal (the “Court”) has issued an order (the “Initial CCAA Order”) pursuant the Companies’ Creditors Arrangement Act (“CCAA”). This order provided a stay of proceedings against 3441890 Canada Inc. (previously known as Motovan Corporation), Motorcycle Tires & Accessories LLC (“MTA“) and al. (the “CCAA Parties“) until December 12, 2019. Pursuant to the Initial CCAA Order, KPMG was appointed Monitor of the CCAA Parties.

On December 12, 2019, the Court has issued an order amending and restating the Initial CCAA Order (the “CCAA Order”) and extending the stay of proceedings against the CCAA Parties until January 31, 2020.

On December 20, 2019, the United States Bankruptcy Court for the district of Delaware (the “US Court”) has issued orders pursuant the chapter 15 of the Bankruptcy Code (the “Chapter 15 Orders”). The Chapter 15 Orders grant, on an interim basis, relief enforcing the CCAA Order and staying any collection activity by creditors against the CCAA Parties’ assets in the United States. Pursuant to the Chapter 15 Orders, KPMG Inc., in its capacity as the Monitor, is acting as foreign representative (the “Foreign Representative”). On January 22nd, 2020, the US Court has issued the order granting final relief in recognition of a foreign main proceeding pursuant to the chapter 15 of the Bankruptcy Code.

On December 20, 2019, the US Court has issued an interim order authorizing the CCAA Parties to assume an agency agreement for the sale of the assets of MTA. On January 22nd, 2020, the US Court has issued the final order authorizing the CCAA Parties to assume an agency agreement for the sale of the assets of MTA.

On January 31st, 2020, the Court has issued the order extending the stay of proceedings against the CCAA Parties until May 15, 2020.

On February 19, 2020, the Court has issued the Approval and Vesting Order for the sale of the assets of 3441890 Canada Inc. to a new group.

On March 31, 2020, the US Court has issued the order granting Foreign Representative’s omnibus motion seeking entry of an order (I) authorizing (A) the rejection of certain unexpired leases and (B) abandonment of certain personal property, if any, each effective nunc pro tunc to the applicable surrender date and (II) granting the related relief.

On May 15, 2020, the Court has issued the order extending the stay of proceedings against the CCAA Parties until November 16, 2020, the distribution order for the distribution of the net proceeds of the sale of the assets of 3441890 Canada Inc. and has re-amended and restated the Initial CCAA Order (the “New Initial CCAA Order”).

Contact information

KPMG Inc.
Isabelle Jones
Toll free number : 1-855-393-3546
Local number : 514-840-8331
motovan@kpmg.ca
home.kpmg/ca/motovan
home.kpmg/ca/motovan-fr

 

Motions

Motion for the issuance of an Initial Order [PDF 1.9 MB] - 2019-11-28

Motion for an order extending the first Stay Period and approving a SISP [PDF 2.8 MB] - 2019-12-09

Motion for an order extending the second Stay Period [PDF 378 KB] - 2020-01-29

Motion for approval of a sale outside the ordinary course of business and vesting order [PDF 944KB] - 2020-02-12

Motion (I) for an order extending the stay period, (II) to amend the initial order and (III) for the issuance of a distribution order [PDF 3.5 MB]- 2020-05-11

 

Motions - USA

Joint Admin Motion [PDF 107 KB]- 2019-12-19

Motion to Assume Agency Agreement [PDF 250 KB] - 2019-12-19

Notice Procedures Motion [PDF 134 KB] - 2019-12-19

Motion for provisional and final recognition - Chapter 15 [PDF 196 KB] - 2019-12-19

Omnibus Motion to Reject Certain Unexpired Leases [PDF 378 KB] - 2020-03-13

 

Orders

Initial Order [PDF 828 KB] - 2019-12-02

First Order extending the Stay Period and approving SISP [PDF 99 KB] - 2019-12-12

Amended and Restated Initial Order [PDF 1.2 MB] - 2019-12-12

Second Order extending the Stay Period [PDF 57 KB] - 2020-01-31

Approval and Vesting order [PDF 372 Ko] - 2020-02-19

Extending Order [PDF 59 KB] - 2020-05-15

Distribution Order [PDF 193 KB] - 2020-05-15

Re-Amended and Restated Initial Order [PDF 907 KB] - 2020-05-15

 

Orders - USA

Interim Order Authorizing Agency Agreement for Sale of Assets [PDF 152 KB] - 2019-12-20

Order Joint Administration Chapter 15 [PDF 54 KB] - 2019-12-20

Order for Provisional Relief Chapter 15 [PDF 66 KB] - 2019-12-20

Order Specifying Form and Manner of Service of Notice [PDF 64 KB] - 2019-12-20

Order for final Relief Chapter 15 [PDF 50 KB] - 2020-01-22

Final Order Authorizing Agency Agreement for Sale of Assets [PDF 140 KB] - 2020-01-22

Order Authorizing the Omnibus Motion to Reject Certain Unexpired Leases [PDF 71 KB] - 2020-03-31

 

Reports

Amended Pre-Filing Report of the proposed Monitor [PDF 224 KB] - 2019-11-29

First report of Monitor [PDF 1.2 MB] - 2019-12-11

Second report of Monitor [PDF 693 KB] - 2020-01-30

Third report of Monitor [PDF 116 KB] - 2020-02-13

Fourth report of the Monitor [PDF 483 KB]- 2020-05-11

 

Service List

Service List (in French only) [PDF 21 KB] - 2020-09-01

 

Notices

Notices to creditors [PDF 109 KB] - 2019-12-09

Notices - USA

Recognition Notice [PDF  KB] - 2019-12-20

 

Petitions - USA

Moncy Financial Petition [PDF 257 KB] - 2019-12-19

Moncy Holding Petition [PDF 253 KB] - 2019-12-19

Moncy LLC Petition [PDF 251 KB] - 2019-12-19

Motorcycle Tires Petition [PDF 252 KB] - 2019-12-19

Nichols Motorcycle Petition [PDF 253 KB] - 2019-12-19

 

List of creditors

List of creditors of Motovan Corporation [PDF 263 KB] - 2020-01-21

List of creditors of Motorcycle Tires and Accessories LLC [PDF 168 KB] - 2020-01-21

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