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Hematite Group

Hematite Group

Creditor and stakeholder information

Creditor and stakeholder information

Background

On September 18, 2020, the Ontario Superior Court of Justice (Commercial List) (the "Court") issued an order (the "Initial CCAA Order") pursuant to the Companies' Creditors Arrangement Act ("CCAA"). This order provided a stay of proceedings against Hematite Holdings Inc., Hematite Manufacturing Inc., Hematite Industrial Products Inc., Canadian Pavaco Inc., Pavaco Holdings U.s. Inc., Hematite, Inc. And Hematite Automotive Products Inc. (the "Hematite Group" or the "Company") until October 2, 2020. Pursuant to the Initial CCAA Order, KPMG Inc. ("KPMG" or the "Monitor") was appointed Monitor of the Company.

On September 22, 2020, each of the Applicants filed petitions in the United States Bankruptcy Court for the District of Delaware for recognition of these CCAA proceedings in the United States pursuant to Chapter 15 of the Bankruptcy Code, thereby commencing the Applicants’ Chapter 15 cases.

On October 13, 2020, the Court issued an order (the “Claims Procedure Order”) approving the claims procedure (the “Claims Procedure”). The Claims Procedure Order provides for a Claims Bar Date (the date by which creditors must file completed proof of claim forms with the Monitor) of November 9, 2020. Copies of documents related to the Claims Procedure can be found below.

On November 18, 2020, the Court granted an order (the “Meeting Order”) which i) Accepted the filing with the Court of the plan of compromise, arrangement and reorganization of the Applicants (the “Plan”), and ii) authorized the Applicants to call, hold and conduct a meeting of Affected Creditors (the “Meeting”) to vote on the Plan, which will be held on December 11, 2020.

On December 18, 2020, the Court approved the Motion made by the Applicants pursuant to the CCAA for an order approving and sanctioning the plan of compromise, arrangement and reorganization of the Applicants pursuant to the CCAA dated November 18, 2020 (the “Plan”).

Following confirmation from the Company that all pre-conditions set out in Section 9.1 of the Plan had been satisfied or waived, the Company filed the Certificate of Amendment stating that i) each of the Plan Implementation Conditions has been satisfied or waived and that the Articles of Reorganization for each of Hematite Holdings and Hematite Industrial have been filed and have become effective as of the date set out in the applicable Certificate of Amendment and ii) the Effective Time on the Plan Implementation Date is December 24, 2020.

Monitor's Plan Implementation Certificate - 2020-12-24 [PDF 31 KB]

 

KPMG Contact:
hematitegroup@kpmg.ca
416-777-3978


Applications

Application record - CCAA application - 2020-09-18 [PDF 4 MB] - 2020-09-18

 

Motion materials

Motion record (Meeting order and Other relief) - 2020-11-11 [PDF 8.5 MB]

Factum (Claims procedure) - 2020-10-09 [PDF 477KB]

Motion record (Claims procedure order) - 2020-10-07 [PDF 5.8 MB]

Motion record (Comeback) - 2020-09-24 [PDF 5.5 MB]

 

Orders

Sanction Order (entered) - 2020-12-18 [PDF 7.6 MB]

Continuation of equipment payments order - 2020-11-18 [PDF 120 KB]

Flow-through payment order - 2020-11-18 [PDF 122 KB]

Meeting order (Signed) - 2020-11-18 [PDF 182 KB]

Counsel slip (Meeting order) - 2020-11-18 [PDF 11 KB]

Endorsement (Claims procedure) - 2020-10-13 [PDF 567 KB]

Claims procedure order - 2020-10-13 [PDF 7.7 MB]

Amended & Restated Initial order - 2020-09-29 [PDF 4.6 MB]

Endorsement (Initial order) - 2020-09-28 [PDF 212 KB]

Initial order  - 2020-09-18 [PDF 4.5 MB]

 

Reports

Fourth report of the Monitor - 2020-12-17 [PDF 6.1 MB]

Addendum to the Third Report of the Monitor - 2020-12-10 [PDF 2.7 MB]

Third report of the Monitor - 2020-11-16 [PDF 8.5 MB] 

Second report of the Monitor - 2020-10-09 [PDF 76 KB]

First report of the Monitor - 2020-09-25 [PDF 354 KB]

Pre-filing report of the proposed Monitor - 2020-09-17 [PDF 994 KB] 

 

List of creditors

List of known creditors - 2020-09-19 [PDF 176  KB]

Notice to creditors - 2020-09-25 [PDF 46 KB]

 

Claims procedure

Claims procedure - Notice to creditors - 2020-10-15 [PDF 21 KB]

Claims procedure - Instruction letter - 2020-10-15 [PDF 22 KB]

Claims procedure - Proof of Claim - 2020-10-15 [PDF 30 KB]

 

Meeting materials

Form of Plan Resolution - 2020-12-11 [PDF 298 KB]

Notice of Meeting and Sanction Hearing - 2020-11-18 [PDF 22 KB]

Information Statement and Summary of CCAA Plan - 2020-11-18 [PDF 519 KB]

Meeting Order - 2020-11-18 [PDF 985 KB]

Proxy and Election Notice - 2020-11-18 [PDF 22 KB]

Hematite - CCAA Plan - 2020-11-18 [PDF 357 KB]

 

Service list

Service list - 2020-12-16 [PDF 32 KB]

 

U.S. Chapter 15 proceedings

Order Recognizing CCAA Sanction Order (1 of 3) - 2020-12-21 [PDF 219 KB]

Order Recognizing CCAA Sanction Order (2 of 3) - 2020-12-21 [PDF 9.8 MB]

Order Recognizing CCAA Sanction Order (3 of 3) - 2020-12-21 [PDF 549 KB]

Hematite - December 22, 2020 Hearing Agenda -2020-12-21 [PDF 163 KB]

Order Recognizing Claims Procedure and Meeting Orders - 2020-12-03 [PDF 222 KB]

Hematite December 7, 2020 Agenda (Canceled) - 2020-12-03 [PDF 161 KB]

Motion to Recognize Sanction Order - 2020-12-01 [PDF 9.2 MB]

Motion for Recognition of Claims Procedure Order and Meeting Order - 2020-11-19 [PDF 13 MB]

Order Scheduling Omnibus Hearing Dates - 2020-11-18 [PDF 141 KB]

Notice of entry of Claims Procedure Order - 2020-10-16 [PDF 8.5 MB]

Order granting verified petition - 2020-10-15 [PDF 197 KB]

Second provisional Order - 2020-10-01 [PDF 211 KB]

October 1, 2020 Hearing agenda - 2020-09-30 [PDF 153 KB]

Notice of hearing on Second Motion for provisional relief - 2020-09-30 [PDF 135 KB]

Order shortening notice - 2020-09-29 [PDF 193 KB]

Motion to shorten re Second Motion for provisional relief - 2020-09-29 [PDF 236 KB]

Second Motion for provisional relief - 2020-09-29 [PDF 5.41 MB]

Chapter 15 form petitions - 2020-09-22 [PDF 3 MB]

Verified petition - 2020-09-22 [PDF 3.5 MB]

Joint administration Motion - 2020-09-22 [PDF 235 KB]

Scheduling Motion - 2020-09-22 [PDF 277 KB]

Provisional relief Motion - 2020-09-22 [PDF 2.7 MB]

Joint administration Order - 2020-09-22 [PDF 235 KB]

Provisional relief Order - 2020-09-22 [PDF 263 KB]

Scheduling Order - 2020-09-22 [PDF 223 KB]

1007(a)(4)-lists - 2020-09-22 [PDF 357 KB]

Recognition hearing notice - 2020-09-22 [PDF 157 KB]

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