| General Information | Case Information | Bar Date Information and Forms | Key Parties | Other |
General Information
On April 16, 2009, AbitibiBowater Inc. (“ABH”) and thirty-four (34) of its affiliates (collectively, the “Debtors”) filed petitions in the United States Bankruptcy Court for the District of Delaware seeking relief under chapter 11 of the United States Bankruptcy Code. The Debtors' cases have been assigned to The Honorable Kevin J. Carey. These cases are being jointly administered for procedural purposes, meaning that all pleadings filed in these cases will be reflected on the case docket for AbitibiBowater Inc., Case No. 09-11296 (the “Main Case Docket”). The Main Case Docket can be accessed through the website maintained by the United States Bankruptcy Court for the District of Delaware http://www.deb.uscourts.gov An unofficial version of the docket is accessible by selecting the “Docket” link at the top of this page.
For questions related to AbitibiBowater Inc.'s Chapter 11 filing, please call:
U.S./Canada: 1-888-266-9280 Non-U.S./Canada: 1-503-597-7698
On November 23, 2010, Judge Carey entered an order confirming the Debtors’ Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code (As Amended) with respect to all Debtors other than Bowater Canada Finance Corporation.
AbitibiBowater, Inc. Post Effective Date FAQ's (French)
AbitibiBowater, Inc. Post Effective Date FAQ's (English)
Findings of Facts, Conclusions of Law, and Order Confirming Debtors' Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code (as Amended)
Confirmation Hearing and Plan Confirmation
Hearings concerning confirmation of the Chapter 11 Plan in the U.S. were held on September 24 and 30, October 7, 8 and 19, and November 5, 9, 12 and 18. On November 22, 2010, Judge Carey issued an opinion setting forth the Bankruptcy Court’s rationale for confirming the Chapter 11 Plan. See Opinion on Confirmation [Dkt. No. 3931]. The following day, the Bankruptcy Court entered an order confirming the Chapter 11 Plan with respect to all Debtors other than Bowater Canada Finance Corporation (“BCFC”). See Findings of Facts, Conclusions of Law and Order Confirming Debtors’ Second Amended Joint Plan of Reorganization under Chapter 11 of the Bankruptcy Code (As Amended) (the “Confirmation Order”) [Dkt. No. 3940]. The CCAA plan of reorganization was sanctioned by the Canadian Court on September 23, 2010 with respect to all Debtors subject to the CCAA other than BCFC. The Debtors consummated their plans and emerged from bankruptcy protection on December 9, 2010 (the “Effective Date”). A motion to dismiss BCFC's Chapter 11 case has been filed with the Bankruptcy Court.
Findings of Facts, Conclusions of Law, and Order Confirming Debtors' Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code (as Amended)
Debtors' Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code
Disclosure Statement for Debtors' Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code
Plan Effective / Emergence Date
The Effective Date of the Plan was December 9, 2010. The Initial Distribution Date under the Plan was December 17, 2010. Additional distributions will be made on Interim Distribution Dates in accordance with the Plan.
Notice of (A) Occurrence of the Effective Date of the Plan and (B) Deadlines to File Administrative Claims, Fee Claims and Rejection Damages Claims
Debtors
| Lead Debtor: | ||||
| AbitibiBowater Inc. |
Case No.: | 09-11296 | ||
| Related Debtors: | ||||
| AbitibiBowater US Holding LLC | Case No.: | 09-11297 | ||
| Donohue Corp. | Case No.: | 09-11298 | ||
| Abitibi Consolidated Sales Corporation | Case No.: | 09-11299 | ||
| Abitibi-Consolidated Alabama Corporation | Case No.: | 09-11300 | ||
| Alabama River Newsprint Company | Case No.: | 09-11301 | ||
| Abitibi-Consolidated Corporation | Case No.: | 09-11302 | ||
| Augusta Woodlands, LLC | Case No.: | 09-11303 | ||
| Tenex Data Inc. | Case No.: | 09-11304 | ||
| Abitibi-Consolidated Finance LP | Case No.: | 09-11305 | ||
| Bowater Newsprint South LLC | Case No.: | 09-11306 | ||
| Bowater Newsprint South Operations LLC | Case No.: | 09-11307 | ||
| Bowater Finance II, LLC | Case No.: | 09-11308 | ||
| Bowater Alabama LLC | Case No.: | 09-11309 | ||
| Coosa Pines Golf Club, LLC | Case No.: | 09-11310 | ||
| Bowater Incorporated | Case No.: | 09-11311 | ||
| Catawba Property Holdings LLC | Case No.: | 09-11312 | ||
| Bowater Finance Company Inc. | Case No.: | 09-11314 | ||
| Bowater South American Holdings, Inc. | Case No.: | 09-11315 | ||
| Bowater America Inc. | Case No.: | 09-11316 | ||
| Lake Superior Forest Products Inc. | Case No.: | 09-11317 | ||
| Bowater Canada Finance Corporation | Case No.: | 09-11319 | ||
| Bowater Canadian Holdings Incorporated | Case No.: | 09-11320 | ||
| AbitibiBowater Canada Inc. | Case No.: | 09-11321 | ||
| Bowater Canadian Forest Products Inc. | Case No.: | 09-11322 | ||
| Bowater Maritimes Inc. | Case No.: | 09-11324 | ||
| Bowater LaHave Corporation | Case No.: | 09-11325 | ||
| Bowater Canadian Limited | Case No.: | 09-11326 | ||
| Bowater Nuway Inc. | Case No.: | 09-11328 | ||
| Bowater Nuway Mid-States Inc. | Case No.: | 09-11329 | ||
| Bowater Ventures Inc. | Case No.: | 09-11330 | ||
| AbitibiBowater US Holding 1 Corp | Case No.: | 09-11331 | ||
| ABH LLC 1 | Case No.: | 09-14485 | ||
| ABH LLC 2 | Case No.: | 09-14486 | ||
| ABH Holding Company LLC | Case No.: | 09-14487 | ||
General Bar Date
The deadline for filing of proofs of claims against the Debtors was established as November 13, 2009 at 4:00 p.m. Eastern Time (the "Bar Date") for all claims; provided, however, that any person or entity asserting a claim against a Cross-Border Debtor in these cases may file a timely Proof of Claim pursuant to the procedures established in the Canadian Order so that it is actually received by the Monitor (www.ey.com/ca/abitibibowater) on or before the Bar Date.All completed proofs of claim forms must be sent in hard copy only with an original signature to one of the following addresses:
| If by first-class mail: |
| AbitibiBowater Inc. Claims Processing Center c/o Epiq Bankruptcy Solutions, LLC FDR Station, P.O. Box 5269 New York, NY 10150-5269 |
| If by Hand Delivery or Overnight mail: |
| AbitibiBowater Inc. Claims Processing Center c/o Epiq Bankruptcy Solutions, LLC 757 Third Avenue, 3rd Floor New York, NY 10017 |
A blank proof of claim form can be obtained here.
Employee Claims Bar Date
The deadline for filing of proofs of claims against the Debtors was established as April 7, 2010 at 4:00 p.m. Eastern Time (the "Employee Claims Bar Date") for all claims of individuals who were employees of the debtors as of April 16, 2009 (the "Petition Date") through and including February 28, 2010 (but excluding amounts owed for ordinary course payroll obligations that are scheduled to be paid on the next pay date occurring after February 28, 2010 or for the reimbursement of Employees expenses scheduled to be paid in the ordinary course). Any person or entity asserting a claim against a Cross-Border Debtor in these cases may file a timely Employee Proof of Claim pursuant to the procedures established in the Canadian Order so that it is actually received by the Monitor (www.ey.com/ca/abitibibowater) on or before the Employee Claims Bar Date.| If by first-class mail: |
| AbitibiBowater Inc. Claims Processing Center c/o Epiq Bankruptcy Solutions, LLC FDR Station, P.O. Box 5269 New York, NY 10150-5269 |
| If by Hand Delivery or Overnight mail: |
| AbitibiBowater Inc. Claims Processing Center c/o Epiq Bankruptcy Solutions, LLC 757 Third Avenue, 3rd Floor New York, NY 10017 |
A blank employee proof of claim form can be obtained here.
Administrative Claims and Fee Claims; Rejection Damages Claims
As provided in Section 4.1 of the Plan and in the Confirmation Order, all applications for final allowance of Fee Claims and all other requests for the payment of Administrative Claims (other than Ordinary Course Administrative Claims) must be filed with the Bankruptcy Court and served on the Reorganized Debtors and their counsel at the addresses set forth in Section 10.14 of the Plan not later than thirty (30) days after the Effective Date (January 10, 2011), unless otherwise ordered by the Bankruptcy Court. Any request for the payment of an Administrative Claim (including any Fee Claim) that is not timely filed and served shall be discharged and forever barred and the holder of such Administrative Claim shall be enjoined from commencing or continuing any action, process, or act to collect, offset or recover such Claim.
As provided in Section 5.2 of the Plan and in the Confirmation Order, Proofs of Claim with respect to any Claim arising from the rejection by a Debtor of an executory contract or unexpired lease pursuant to the Plan and by operation of the Confirmation Order must be filed with the Bankruptcy Court and served on the Reorganized Debtors and their counsel at the addresses set forth in Section 10.14 of the Plan not later than thirty (30) days after the Effective Date (January 10, 2011), unless otherwise ordered by the Bankruptcy Court. Any Proofs of Claim arising from the rejection by a Debtor or an executory contract or unexpired lease that are not timely filed and served shall be discharged and forever barred and the holder of such Claim shall be enjoined from commencing or continuing any action, process, or act to collect, offset or recover such Claim.
All completed proofs of claim forms must be sent in hard copy only with an original signature to one of the following addresses:
| If by first-class mail: |
| AbitibiBowater Inc. Claims Processing Center c/o Epiq Bankruptcy Solutions, LLC FDR Station, P.O. Box 5269 New York, NY 10150-5269 |
| If by Hand Delivery or Overnight mail: |
| AbitibiBowater Inc. Claims Processing Center c/o Epiq Bankruptcy Solutions, LLC 757 Third Avenue, 3rd Floor New York, NY 10017 |
A blank proof of claim form can be obtained here.
Key Professionals
| Debtors' Counsel | ||||||
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Paul, Weiss, Rifkind, Wharton & Garrison LLP 1285 Avenue of the Americas New York, New York 10019-6064 http://www.paulweiss.com
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| Debtors' Co-Counsel | ||||||
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Young Conaway Stargatt & Taylor, LLP Rodney Square 1000 North King Street Wilmington, Delaware 19801 http://www.ycst.com
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| The Monitor Appointed in the Canadian Proceeding | ||||||
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Ernst & Young LLP 222 Bay Street Toronto, Ontario M5K 1J7 Canada
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| Monitor's Counsel | ||||||
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Thornton, Grout & Finnigan LLP Suite 3200, Canadian Pacific Tower 100 Wellington Street West, P.O. Box 329 Toronto-Dominion Centre Toronto, Ontario M5K 1K7 Canada
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Post-Effective Date Claims Agent Key Professionals
Pursuant to section 6.14 of the Plan, and subject to section 4.3 of the Plan, the Official Committee of Unsecured Creditors was dissolved as of the Effective Date with respect to the Debtors who confirmed the Plan. Section 4.3 of the Plan appoints a Post-Effective Date Claims Agent to evaluate and prosecute objections to certain disputed claims and certain avoidance actions. The Confirmation Order approved the retention of Avidity Partners, LLC as the Post-Effective Date Claims Agent.
| Post-Effective Date Claims Agent | ||||||
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Avidity Partners, LLC One Lincoln Centre 18W140 Butterfield Road, 15th Floor Oakbrook Terrace, IL 60181 http://www.abiclaimsagent.com
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| Counsel for Post-Effective Date Claims Agent (Avidity Partners, LLC) | ||||||
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Paul, Hastings, Janofsky & Walker LLP Park Avenue Tower 75 E. 55th Street, First Floor New York, NY 10022 http://www.paulhastings.com
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| Local Counsel for Post-Effective Date Claims Agent | ||||||
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Bayard, P.A 222 Delaware Avenue, Suite 900 Wilmington, DE 19899 http://www.bayardfirm.com
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U.S. Trustee
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Office of the United States Trustee 844 King Street, Room 2207 Lockbox #35 Wilmington, DE 19899-0035
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Useful Links
| Debtor’s Website: | www.abitibibowater.com/restructuring.aspx |
