Imerys Talc Canada Inc.

Imerys Talc Canada Inc.

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

 

KPMG Contact

tahreemfatima@kpmg.ca
647-777-5283

 

Applications

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 Materials

Factum of the Applicant re Recognition of Foreign Orders (Returnable April 19, 2021) - 2021-04-15 [PDF 299 KB]

Motion Record re Recognition of Foreign Orders (Returnable April 19 2021) - 2021-04-15 [PDF 1.52 MB]

Factum re Recognition of Solicitation Procedures Order (Returnable February 23, 2021) - 2021-02-22 [PDF 262 KB]

Motion Record re Recognition of Solicitation Procedures Order (Returnable February 23, 2021) - 2021-02-19 [PDF 288KB]

Factum of the Foreign Representative (Returnable Jan 26, 2021) - 2021-01-22 [PDF 288KB]

Motion Record (Returnable Jan 26, 2021) - 2021-01-21 [PDF 2.44 MB]

Factum of the Applicant (Re Recognition of the Sale Approval Order) (Returnable November 25, 2020) - 2020-11-23 [PDF 296KB]

Motion Record (Re Recognition of sale approval order) (Returnable November 25, 2020) - 2020-11-20 [PDF 6.16MB]

Factum of the Applicant (Returnable November 3, 2020) - dated 2020-11-02 [PDF 255KB]

Motion Record (Re Recognition Motion) (Returnable November 3, 2020) - 2020-10-29 [PDF 9.88MB]

Motion Record (Re Recognition motion) (Returnable July 3, 2020) - 2020-06-30 [PDF 2.48MB]

Motion Record (Re Foreign Order) (Returnable April 1, 2020) - 2020-03-27 [PDF 1.16MB]

Motion Record (Foreign Orders) (Returnable December 3, 2019) - 2019-11-26 [PDF 5.19MB]

Factum of the Applicant (re Foreign Orders Returnable October 28, 2019) - 2019-10-23 [PDF 176KB]

Book of Authorities (Returnable October 28, 2019) - 2019-10-23 [PDF 2.35MB]

Motion Record (Foreign Orders) (Returnable October 28 2019) - 2019-10-23 [PDF 9.86MB]

Book of Authorities (Returnable August 7, 2019) - 2019-08-02 [PDF 2.34MB]

Motion Record (Fee Examiner and Bar Date Orders) (Returnable August 7, 2019) - 2019-07-31 [PDF 6.05MB]

Factum of the Applicant (Returnable May 24, 2019) - 2019-05-17 [PDF 720KB]

Book of Authorities (Returnable May 24 2019) - 2019-05-17 [PDF 2.34MB]

Motion record (Returnable May 24, 2019) - 2019-05-16 [PDF 3.33MB]

Factum of the Applicant (Returnable April 3, 2019) - 2019-04-02 [PDF 857KB]

Book of Authorities (Returnable April 3, 2019) - 2019-04-02 [PDF 2.28MB]

Motion Record - (Returnable April 3, 2019) - 2019-04-02 [PDF 11.4MB]

Factum of the Applicant (Returnable February 19, 2019) - 2019-02-15 [PDF 911KB]

Book of Authorities (Returnable February 19, 2019) - 2019-02-15 [PDF 24.7MB]

Factum of the Foreign Representative (Returnable Oct 1, 2021) - 2021-09-29 [PDF 287KB]

Motion Record (Returnable Oct 1, 2021) - 2021-09-27 [PDF 2.73 MB]

 

Orders

Order (Recognition of Foreign Orders) - 2021-04-19 [PDF 226KB]

Endorsement (Recognition of Solicitation Procedures Order) - 2021-02-23 [PDF 392KB]

Order (Recognition of Solicitation Procedures Order) - 2021-02-23 [PDF 1MB]

Order (Recognition of Continuance Order) - 2021-01-26 [PDF 582KB]

Order (Substitution Order) - 2021-01-26 [PDF 1.14MB]

Endorsement - 2020-11-25 [PDF 369KB]

Order (Recognition of Sale Approval Order) - 2020-11-25 [PDF 578KB]

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]

Order (Indirect Talc Claims Bar Date and KERP Orders) - 2019-12-03 [PDF 0.98MB]

Endorsement - 2019-10-28 [PDF 70.8KB]

Order (Foreign Orders) - 2019-10-28 [PDF 247KB]

Endorsement - 2019-08-07 [PDF 275KB]

Order (Fee Examiner and Bar Date Orders) - 2019-08-07 [PDF 971KB]

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]

Initial Recognition order (Foreign Main Proceedings) - 2019-02-20 [PDF 305KB]

Supplemental Order (Foreign Main Proceedings) - 2019-02-20 [PDF 905KB]

Order (Recognition of Foreign Orders) - 2021-10-01 [PDF 319 KB]

 

Reports

Second Report of the Information Officer (KPMG) - 2021-04-15 [PDF 956 KB]

First Report of the Information Officer (KPMG) - 2021-02-22 [PDF 278KB]

Report of Proposed Information Officer (KPMG) 2021-01-21 [PDF 161KB]

Tenth Report of the Information Officer (Richter) 2021-01-21 [PDF 13.1MB]

Ninth Report of the Information Officer (Richter) 2020-11-23 [PDF 335KB]

Eighth Report of the Information Officer (Richter) 2020-10-31 [PDF 307KB]

Seventh Report of the Information Officer (Richter) - 2020-06-30 [PDF 224KB]

Sixth Report of the Information Officer (Richter) - 2020-03-28 [PDF 218KB]

Fifth Report of the Information Officer (Richter) - 2019-11-27 [PDF 219KB]

Fourth Report of the Information Officer (Richter) - 2019-10-24 [PDF 316KB]

Third Report of the Information Officer (Richter) - 2019-08-02 [PDF 217KB]

Second Report of the Information Officer (Richter) - 2019-05-17 [PDF 219KB]

First Report of the Information Officer (Richter) - 2019-04-01 [PDF 4.08MB]

Report of the Proposed Information Officer (Richter) - 2019-02-15 [PDF 232KB]

Third Report of the Information Officer (KPMG) - 2021-09-28 [PDF 650 KB]

 

Claims Procedure

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

Service List - 2021-02-19 [PDF 129KB]

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