HMX Acquisition Corp.

  • General Information
  • Key Parties
  • Other



General Information

On October 19, 2012, HMX Acquisition Corp. and one (1) affiliate company (collectively, the “Initial Debtors”) filed petitions in the United States Bankruptcy Court for the Southern District of New York, seeking relief under chapter 11 of the United States Bankruptcy Code. On October 21, 2012, three (3) affiliate companies also filed a voluntary petition for relief under chapter 11 of the United States Bankruptcy Code (collectively, the “Additional Debtors”). The Initial Debtors, along with the Additional Debtors have been assigned to Judge Allan L. Gropper. The Debtors are seeking to have their cases jointly administered for procedural purposes, meaning that upon entry of such an order all pleadings will be maintained on the case docket for HMX Acquisition Corp., Case No. 12-14300 (the "Main Case Docket"). The Main Case Docket can be accessed through the website maintained by the United States Bankruptcy Court for the Southern District of New York (http://www.nysb.uscourts.gov). An unofficial version of the Main Case Docket is accessible by selecting the “Docket” link at the top of this page.

Case Information

Hearing on the Disclosure Statement

On February 1, 2013, the Debtors filed their (a) Joint Plan of Liquidation Of HMX Acquisition Corp., HMX Poland Sp. z o. o., HMX, LLC, Quartet Real Estate, LLC, and HMX, DTC Co. (as it may be amended or modified, the “Plan”); and (b) the Disclosure Statement Pursuant to 11 U.S.C. § 1125 with Respect to the Debtors’ Joint Plan of Liquidation (as it may be amended or modified, the “Disclosure Statement”).

A hearing (the “Disclosure Statement Hearing”) was held before the Honorable Allan L. Gropper, United States Bankruptcy Judge, at the United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004, on March 7, 2013 at 2:30 p.m. (prevailing Eastern Time), to consider the entry of an order, among other things, determining whether the Disclosure Statement contains “adequate information” within the meaning ascribed to such term in section 1125 of the Bankruptcy Code and approving the Disclosure Statement.

Objections or responses to the approval of the Disclosure Statement were to be filed and served in accordance with the procedures set forth in the Order: (i) Scheduling Hearing to Consider Approval of Disclosure Statement; (ii) Fixing Time for Filing Objections Thereto; and (iii) Approving Form and Manner of Notice Related Thereto (the “Disclosure Statement Hearing Order”), entered by the Court on February 4, 2013, so that objections or responses were received no later than March 4, 2013 at 4:00 p.m. (prevailing Eastern Time)

A copy of the Disclosure Statement can be obtained here

A copy of the Plan can be obtained here

A copy of the Disclosure Statement Hearing Order can be obtained here

A copy of the notice relating to the Disclosure Statement Hearing can be obtained here

Sale Hearing


A hearing (the “Sale Hearing”) was held before the Honorable Allan L. Gropper, United States Bankruptcy Judge, at the United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004 (the “Court”), on December 19, 2012 at 2:30 p.m. (prevailing Eastern Time), or at such other time as the Bankruptcy Court permits, to confirm the results of the Auction and approve the Sale of the Purchased Assets to the Stalking Horse Purchaser or the Successful Bidder (as defined in the Bid Procedures Orders linked to below). The Debtors may adjourn the Sale Hearing one or more times without further notice by making an announcement in open Court.

Order signed on 11/7/2012 (A) Authorizing the Debtors Entry into the Stalking Horse Asset Purchase Agreement, (B) Authorizing and Approving the Bidding Procedures and Break-Up Fee, (C) Approving the Notice Procedures, and (D) Setting a Date for the Sale Hearing. (DI104)

Revised Order signed on 11/21/2012 authorizing the Debtors entry into the stalking horse asset purchase agreement, authorizing and approving the bidding procedures and break-up fee, approving the notice procedures, and setting a date for the sale hearing. (DI169)

Second Revised Order signed on 11/29/2012 authorizing the Debtors entry into the stalking horse asset purchase agreement, authorizing and approving the biddding procedures and break-up fee, approving the notice procedures, and setting a date for the sale hearing. (DI185)

Section 341 Meeting of Creditors

A date for the meeting of creditors pursuant to section 341 of the Bankruptcy Code has been established by the United States Trustee as:

Date: March 20, 2013
Time: 1:00 p.m.
Location: Office of the U.S. Trustee, 80 Broad Street, 4th Floor, New York, NY


Debtors

Lead Debtor:
Case No: 12-14300  HMX Acquisition Corp.

Related Debtor:
Case No: 12-14301  HMX Poland Sp. z o. o.
Case No: 12-14327  HMX, LLC
Case No: 12-14328  Quartet Real Estate, LLC
Case No: 12-14329  HMX, DTC Co.

Proofs of Claim

Administrative Claims Bar Date


On February 7, 2013 the United States Bankruptcy Court for the Southern District of New York entered an order establishing (i) March 15, 2013 at 5:00 p.m. (Prevailing Eastern Time) (the “Administrative Expense Claim Bar Date”), as the last date and time for all persons or entities, except the excluded entities identified in the order, asserting a claim (as such term is defined in sections 101(5) and 503(b) of the Bankruptcy Code) under section 503(b) of the Bankruptcy Code (an “Administrative Expense Claim”) against the Debtors or their estates arising or accrued during the period of October 19, 2012 through February 6, 2013 to submit an Administrative Expense Claim.

Persons or entities wishing to submit an Administrative Expense Claim must fill out an Administrative Expense Claim request form (the “Administrative Expense Claim Request Form”). A blank Administrative Expense Claim Request Form can be obtained here

An Administrative Expense Claim Request Form must be submitted so as to be received on or before the Administrative Expense Claim Bar Date at the address listed below:

If by First-Class Mail:
HMX Acquisition Corp. Claims Processing Center
c/o Epiq Bankruptcy Solutions, LLC
FDR Station, P.O. Box 5015
New York, NY 10150-5015

If by Hand Delivery or Overnight Mail:
HMX Acquisition Corp. Claims Processing Center
c/o Epiq Bankruptcy Solutions, LLC
757 Third Avenue, 3rd Floor
New York, NY 10017

A copy of the Administrative Expense Claim Bar Date order can be obtained here.

A copy of the Administrative Expense Claim Bar Date notice can be obtained here.

Section 503(b)(9) Proofs of Claim

The deadline for the filing of Section 503(b)(9) proofs of claim against the Debtors in these cases has been established by the Bankruptcy Court as December 31, 2012 for all creditors who have such claims.

Completed forms can be sent to the addresses below:

If by First-Class Mail:
HMX Acquisition Corp. Claims Processing Center
c/o Epiq Bankruptcy Solutions, LLC
FDR Station, P.O. Box 5015
New York, NY 10150-5015

If by Hand Delivery or Overnight Mail:
HMX Acquisition Corp. Claims Processing Center
c/o Epiq Bankruptcy Solutions, LLC
757 Third Avenue, 3rd Floor
New York, NY 10017


General Proofs of Claim

On December 20, 2012 the United States Bankruptcy Court for the Southern District of New York entered an order establishing (i) February 5, 2013 at 5:00 p.m. (Prevailing Eastern Time) (the "General Bar Date"), as the last date and time for each person or entity (including, without limitation, individuals, partnerships, corporation, joint ventures, trusts, and estates) to file a proof of claim ("Proof of Claim") based on prepetition claims against any of the Debtors, and (ii) April 19, 2013 at 5:00 p.m. (Prevailing Eastern Time) (the "Governmental Bar Date"), as the last date and time for each Governmental Unit (as defined in section 101(27) of the Bankruptcy Code) to file a Proof of Claim based on prepetition claims against any of the Debtors.

Proofs of Claim must be filed must be filed so as to be received on or before the General Bar Date and the Governmental Bar Date, as applicable, at the address listed below:

If by First-Class Mail:
HMX Acquisition Corp. Claims Processing Center
c/o Epiq Bankruptcy Solutions, LLC
FDR Station, P.O. Box 5015
New York, NY 10150-5015

If by Hand Delivery or Overnight Mail:
HMX Acquisition Corp. Claims Processing Center
c/o Epiq Bankruptcy Solutions, LLC
757 Third Avenue, 3rd Floor
New York, NY 10017

A copy of the bar date notice can be obtained here.

A blank proof of claim form can be obtained here.

Key Professionals

Debtors’ Counsel (Proposed)

Proskauer Rose LLP
Three First National Plaza
70 West Madison, Suite 3800
Chicago, IL 60602
http://www.proskauer.com
Phone: (312) 962-3550
Fax:     (312) 962-3551
Attn: Mark K. Thomas, Esq.
         Peter J. Young, Esq.

AND

Proskauer Rose LLP
Eleven Times Square
New York, NY 10036
http://www.proskauer.com
Phone: (212) 969-3000
Fax:     (212) 969-2900
Attn: Jared D. Zajac, Esq.

Official Committee of Unsecured Creditors

An official committee of unsecured creditors has not yet been appointed in these cases by the Office of the United States Trustee.


U.S. Trustee

The Office of the United States Trustee
U.S. Federal Office Building
201 Varick Street, Suite 1006
New York, NY 10014
Phone: (212) 510-0500
Fax:     (212) 668-2255

Useful Links

Debtors' Website: http://www.hmxgroup.com

Website Information

An unofficial version of the docket can be accessed through this website by selecting “Main Case Docket” link at the top of this page. In addition, from time to time, certain key documents filed in this case or otherwise made available by the Debtors will be available by selecting the “Key Documents” link above. Should you have any questions relating to this website, please feel free to contact us at 646.282.2400.

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