Creditor and stakeholder information
Creditor and stakeholder information
On February 13, 2019 (the "Petition Date"), Imerys Talc America, Inc. ("ITA"), Imerys Talc Vermont, Inc. ("ITV") and Imerys Talc Canada Inc. ("ITC" and together with ITA and ITV, the "Debtors"), commenced voluntary reorganization proceedings (the "Chapter 11 Proceedings") in the United States Bankruptcy Court for the District of Delaware (the "US Court") by each filing a voluntary petition for relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101-1532 (the "Bankruptcy Code").
Also on the Petition Date, the Debtors filed various motions for interim and/or final orders (the orders entered by the US Court in respect thereof, the "First Day Orders") in the Chapter 11 Proceedings to permit the Debtors to advance their reorganization. The First Day Orders included an order authorizing ITC to act as the foreign representative (in such capacity, the "Foreign Representative") of the Debtors for the within proceedings (the "Foreign Representative Order").
On February 14, 2019, the US Court granted the Foreign Representative Order and other First Day Orders. On February 15, 2019, ITC, in its capacity as Foreign Representative, commenced an application before the Ontario Superior Court of Justice (Commercial List) (the "Canadian Court") pursuant to Part IV of the Companies' Creditors Arrangement Act (R.S.C. 1985, c. C-36, as amended) (the "CCAA").
On February 20, 2019, the Canadian Court granted an initial recognition order, inter alia: (i) declaring that ITC is a "foreign representative" as defined in section 45 of the CCAA; (ii) declaring that the Chapter 11 Proceedings are recognized as a "foreign main proceeding" under the CCAA; and (iii) granting a stay of proceedings against the Debtors in Canada. Also on February 20, 2019, the Canadian Court granted a supplemental order, pursuant to section 49 of the CCAA, inter alia: (i) recognizing and giving full force and effect in Canada to certain of the First Day Orders; (ii) appointing Richter Advisory Group Inc. ("Richter") as the information officer (the "Information Officer") in respect of these proceedings.
On January 26, 2021, pursuant to an order by the Canadian Court, Richter was discharged from its duties as Information Officer and KPMG Inc. was substituted as Information Officer of the Debtors in respect of these proceedings.
All materials which were previously posted to Richter's website and have been posted to this website such that a full record is maintained.
On January 27, 2021, the Debtors filed with the US Court the Ninth Amended Joint Chapter 11 Plan of Reorganization (the “Ninth Amended Plan”) and the Disclosure Statement for the Ninth Amended Plan (the “Disclosure Statement”).
Also on January 27, 2021, the US court entered an Order (I) Approving Disclosure Statement and Form and Manner of Notice of Hearing Thereon, (II) Establishing Solicitation Procedures, (III) Approving Form and Manner of Notice to Attorneys and Certified Plan Solicitation Directive, (IV) Approving Form of Ballots, (V) Approving Form, Manner, and Scope of Confirmation Notices, (VI) Establishing Certain Deadlines in Connection with Approval of Disclosure Statement and Confirmation of Plan, and (VII) Granting Related Relief (the "Solicitation Procedures Order"). On February 23, 2021, the Canadian court entered an order recognizing and giving full force and effect to the Solicitation Procedures Order in Canada. The US Court will hold a hearing to consider confirmation of the Ninth Amended Plan on June 21, 2021.
Details regarding the Ninth Amended Plan, the Disclosure Statement and instructions on how to vote on the Plan can be found on the Prime Clerk website.
Information on the Chapter 11 Proceedings can be found on the Prime Clerk website at: https://cases.primeclerk.com/imerystalc/Home-Index
Application Record Volume 1 of 2 - 2019-02-15 [PDF 5.09MB]
Application Record Volume 2 of 2 - 2019-02-15 [PDF 5.59MB]
Motion Record (Returnable Jan 26, 2021) - 2021-01-21 [PDF 2.44 MB]
Motion record (Returnable May 24, 2019) - 2019-05-16 [PDF 3.33MB]
Order (Substitution Order) - 2021-01-26 [PDF 1.14MB]
Endorsement - 2020-11-25 [PDF 369KB]
Endorsement Justice Markus Koehnen - 2020-11-03 [PDF 290KB]
Order - (Recognition of Foreign Orders) - 2020-11-03 [PDF 3.20MB]
Order (Bidding Procedures) - 2020-07-03 [PDF 783KB]
Endorsement Part I - 2020-04-01 [PDF 698KB]
Endorsement Part II - 2020-04-01 [PDF 226KB]
Order (Stipulation order) - 2020-04-01 [PDF 577KB]
Endorsement - 2019-12-03 [PDF 28.8KB]
Endorsement - 2019-10-28 [PDF 70.8KB]
Order (Foreign Orders) - 2019-10-28 [PDF 247KB]
Endorsement - 2019-08-07 [PDF 275KB]
Endorsement - 2019-05-24 [PDF 35.7KB]
Foreign Orders - 2019-05-24 [PDF 119KB]
Endorsement - 2019-04-03 [PDF 62KB]
Foreign Orders - 2019-04-03 [PDF 279KB]
Endorsement - 2019-02-19 [PDF 62.7KB]
The claims procedure is carried out by Debtors claims and noticing agent, Prime Clerk LLC. Please refer to Prime Clerk's website: https://cases.primeclerk.com/imerystalc/EPOC-Index
Service List - 2021-02-19 [PDF 129KB]