Nortel Networks, Inc.
General Information
On January 14, 2009, Nortel Networks Inc. ("NNI") and fourteen (14) of its subsidiaries (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 Judge Kevin Gross. The Debtors' cases are being jointly administered for procedural purposes, meaning that all pleadings will be maintained on the case docket for Nortel Networks Inc., Case No. 09-10138 (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.
On January 14, 2009, the Debtors' ultimate corporate parent Nortel Networks Corporation ("NNC") and NNI's direct corporate parent Nortel Networks Limited, together with certain of their affiliates (collectively, the "Canadian Debtors") filed an application with the Ontario Superior Court of Justice (Commercial List) under the Companies' Creditors Arrangement Act (Canada), seeking relief from their creditors (collectively, the "Canadian Proceedings"). The Canadian Court appointed Ernst & Young Inc. to serve as Monitor for the Canadian Proceedings. On January 14, 2009, Ernst & Young Inc., as foreign representative for the Canadian Debtors, filed petitions for recognition of the Canadian Proceedings as foreign main proceedings under chapter 15 of the Bankruptcy Code. For further information regarding the Canadian Proceedings, please contact Ernst & Young Inc. The Monitor's hotline is 1-866-942-7177 in the United States and Canada, and 1-416-943-4439 outside of the United States and Canada. The Monitor is also maintaining a website with information on the Canadian Proceedings, located at http://www.ey.com/ca/nortel. In addition, on January 14, 2009, the High Court of Justice in England placed nineteen of Nortel's European affiliates (collectively, the "U.K. Debtors") into administration under the control of individuals from Ernst & Young (collectively, the "U.K. Proceedings"). This website only provides information on the chapter 11 proceedings, and does not provide information on the Canadian Proceedings, the Canadian Debtors, the U.K. Proceedings, or the U.K. Debtors.
On February 27, 2009, this Court entered an order recognizing the Canadian Proceedings as foreign main proceedings under chapter 15 of the Bankruptcy Code. In addition, at 8 p.m. (London time) on January 14, 2009, the High Court of Justice in England placed nineteen of Nortel’s European affiliates (collectively, the "EMEA Debtors") into administration under the control of individuals from Ernst & Young LLC (collectively, the "Joint Administrators").
On May 28, 2009, at the request of the Administrators, the Commercial Court of Versailles, France (Docket No. 2009P00492) ordered the commencement of secondary proceedings in respect of Nortel Networks S.A. ("NNSA"), which consist of liquidation proceedings during which NNSA will continue to operate as a going concern for an initial period of three months. In accordance with the European Union’s Council Regulation (EC) No 1346/2000 on Insolvency Proceedings, the English law proceedings (the "English Proceedings") remain the main proceedings in respect of NNSA.
On June 8, 2009, Nortel Networks UK Limited ("NNUK") filed petitions in this Court for recognition of the English Proceedings as foreign main proceedings under chapter 15 of the Bankruptcy Code. On June 26, 2009, the Court entered an order recognizing the English Proceedings as foreign main proceedings under chapter 15 of the Bankruptcy Code.
On July 14, 2009, Nortel Networks (CALA) Inc. ("NN CALA") filed a petition with the Court seeking relief under chapter 11 of the Bankruptcy Code (Case No. 09-12515). On July 15, the Court entered an Order approving the joint administration and consolidation of NN CALA's case with the chapter 11 cases of Nortel Networks Inc. and its affiliated debtors (jointly administered under Case No. 09-10138), and the application to NN CALA of certain previously entered orders in the Debtors' chapter 11 cases.
Case Information
Section 341 Meeting of Creditors
Pursuant to section 341 of the Bankruptcy Code, the United States Trustee for the District of Delaware has continued the meeting of creditors to 11:00 a.m. (ET), on August 24, 2009 at the J. Caleb Boggs Federal Building, 844 North King Street, Room 2112, Wilmington, Delaware 19801.
Debtors
Lead Debtor:
Case No: 09-10138 Nortel Networks Inc.
Related Debtors:
Case No: 09-10139 Nortel Networks Capital Corporation
Case No: 09-10140 Nortel Altsystems Inc.
Case No: 09-10141 Nortel Altsystems International Inc.
Case No: 09-10142 Xros, Inc.
Case No: 09-10143 Sonoma Systems
Case No: 09-10144 Qtera Corporation
Case No: 09-10145 CoreTek, Inc.
Case No: 09-10146 Nortel Networks Applications Management Solutions Inc.
Case No: 09-10147 Nortel Networks Optical Components Inc.
Case No: 09-10148 Nortel Networks HPOCS Inc.
Case No: 09-10149 Architel Systems (U.S.) Corporation
Case No: 09-10150 Nortel Networks International Inc.
Case No: 09-10151 Northern Telecom International Inc.
Case No: 09-10152 Nortel Networks Cable Solutions Inc.
Case No: 09-12515 Nortel Networks (CALA), Inc.
Claim Form
Proof of Claim Forms
On August 4, 2009, the Court entered an order fixing the general bar date for the filing of proofs of claim or interest in the U.S. The deadline for filing of proofs of claim against the Debtors in these cases has been set by the Bankruptcy Court as follows:
General Bar Date: September 30, 2009 at 4:00 p.m. (prevailing Eastern Time)
Completed forms can be sent to the following addresses:
If by First-Class Mail:
Nortel Networks Inc. Claims Processing Center
c/o Epiq Bankruptcy Solutions, LLC
FDR Station, P.O. Box 5075
New York, NY 10150-5075
If by Hand Delivery or Overnight Mail:
Nortel Networks Inc. Claims Processing Center
c/o Epiq Bankruptcy Solutions, LLC
757 Third Avenue, 3rd Floor
New York, NY 10017
Instructions for filing a proof of claim can be found here.
Nortel Networks (CALA) Inc.
On December 2, 2009, the Court entered an order fixing the general bar date for filing of proofs of claim or interest against Nortel Networks (CALA) Inc. The deadline for filing of proofs of claims against Nortel Networks (CALA) Inc., case number 09-12515, has been set by the Bankruptcy Court as follows:
General NN CALA Bar Date: January 25, 2010 at 4:00 pm (prevailing Eastern Time)
Completed forms can be sent to the following addresses:
If by First-Class Mail:
Nortel Networks Inc. Claims Processing Center
c/o Epiq Bankruptcy Solutions, LLC
FDR Station, P.O. Box 5075
New York, NY 10150-5075
If by Hand Delivery or Overnight Mail:
Nortel Networks 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 for NN (CALA) Inc. can be obtained here.
Instructions for filing a proof of claim against NN (CALA) Inc. can be found here.
Asset Sales
Layer 4-7 Assets
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A copy of the Sale Motion is available here. The Asset Sale Agreement is attached as Exhibit A to the Sale Motion.
- A copy of the Bid Procedures Order is available here. The Asset Sale Agreement is attached as Exhibit A to the Sale Motion.
- A copy of the Sale Order is available here.
CDMA & LTE Assets
- A copy of the order joining NN CALA to the Sale Motion is available here.
-
A copy of the Sale Order is available here. The Asset Sale Agreement is attached as Exhibit A to the Order.
Enterprise Solutions Business Assets
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A copy of the Sale Order is available here. The Asset and Share Sale Agreement is attached as Exhibit A to the Order.
Next Generation Packet Core Assets
GSM/GSM-R Assets
Metro Ethernet Networks Business Assets
On December 3, 2009, the Court entered an order approving the sale of the Debtors Metro Ethernet Networks business to Ciena Corporation as the successful bidder at auction.
Carrier Voice Over IP and Application Solutions Business Assets
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A copy of the Sale Order is available here. The Asset Sale Agreement is attached as Exhibit A to the Order.
Multi-Service Switch Business Assets
-
A copy of the Bidding Procedures Motion is available here. The stalking horse asset sale agreement is attached to the Bidding Procedures Motion as Exhibit A.
-
A copy of the Bidding Procedures Order is available here. The bidding procedures for the proposed sale is attached to the Bidding Procedures Order as Exhibit A.
-
A copy of the Sale Order is available here. The Asset Sale Agreement is attached to the Sale Order as Exhibits.
Residual Patent Assets
-
A copy of the Sale Order is available here. The Asset Sale Agreement is attached to the Sale Order as Exhibit A.
Key Professionals
Debtors' Counsel
Cleary Gottlieb Steen & Hamilton LLPOne Liberty Plaza
New York, NY 10006
http://www.cgsh.com
Phone: (212) 225-2000
Fax: (212) 225-3999
Attn: James L. Bromley, Esq.
Debtor's Co-Counsel
Morris, Nichols, Arsht & Tunnell LLP1201 North Market Street, 18th Floor
P.O. Box 1347
Wilmington, DE 19899-1347
http://www.mnat.com
Phone: (302) 658-9200
Fax: (302) 425-4664
Attn: Derek C. Abbott, Esq.
Counsel for the Official Committee of Unsecured Creditors
Akin Gump Strauss Hauer & Feld LLPOne Bryant Park
New York, NY 10036
Phone: (212) 872-1212
Fax: (212) 872-1002
Attn: Fred S. Hodara, Esq.
Richards, Layton & Finger, P.A.
920 N. King Street
One Rodney Square
Wilmington, DE 19801
Phone: (302) 651-7845
Fax: (302) 651-7701
Attn: Christopher M. Samis, Esq.
Official Committee of Unsecured Creditors
Pursuant to Docket No. 142, the following creditors have been appointed to the Official Committee of Unsecured Creditors in these cases by the Office of the United States Trustee:
101 Barclay Street-8 West
New York, NY 10286
Attn: Martin Feig, V.P.
Phone: (212) 815-5383
Fax: (732) 667-4756
1200 K Street, N.W.
Washington, DC 20005
Attn: Jennifer Messina
Phone: (202) 326-4000 ext. 3209
Fax: (202) 842-2643
400 Madison Ave., 4th Floor
New York, NY 10017
Attn: Robert L. Bice, II
Phone: (212) 750-6474
U.S. Trustee
Office of the United States Trustee
844 King Street, Room 2207
Wilmington, DE 19801
Phone: (302) 573-6491
Fax: (302) 573-6497
Deferred Compensation Pleadings
On December 14, 2012, the Debtors, the Official Committee of Unsecured Creditors and the Ad Hoc Group of Beneficiaries of the Nortel Networks U.S. Deferred Compensation Plan, among others, filed a Joint Motion for Order: (I) Approving Compromise Among the Debtors, the Official Committee of Unsecured Creditors, and the Ad Hoc Group of Beneficiaries of the Nortel Networks U.S. Deferred Compensation Plan (for Themselves and All Similarly Situated Participants in and Beneficiaries of the Nortel Networks U.S. Deferred Compensation Plan) Pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure; (II) Directing Payments Pursuant to 11 U.S.C. § 503(B)(1)(A) and Rule 9019; (III) Directing U.S. Bank National Association to Turn Over Assets to the Debtors; and (IV) Releasing and Settling Claims of the Deferred Compensation Plan Participants (the "Settlement Motion"). The Settlement Motion seeks entry of an order approving Resolution Terms that will resolve all claims of any participant in or beneficiary of the Deferred Compensation Plan concerning or arising out of the Deferred Compensation Plan, including without limitation all claims against the Debtors, the trust created by the Nortel Networks U.S. Deferred Compensation Plan Trust Agreement and the assets held by that trust.
The settlement agreement containing the Resolution Terms is available here. The hearing on the Settlement Motion is scheduled for January 23, 2013 at 10:00 a.m. (ET), and objections to the Settlement Motion are due January 9, 2013 at 4:00 p.m. (ET).
As referenced in the Debtors’ Motion for Entry of an Order Approving Settlement Procedures to Resolve Claims of Beneficiaries of the Nortel Networks U.S. Deferred Compensation Plan, the following are certain core documents filed with the Bankruptcy Court in connection with the litigation regarding the Debtors' deferred compensation plan. Other documents filed with the Bankruptcy Court, including additional documents related to the deferred compensation plan, are available here.
Retiree Settlement Documents
On December 31, 2012, the Debtors filed the Debtors' Motion for Entry of Orders Pursuant to 11 U.S.C. 105, 363 and 1114 and Fed. R. Bankr. P. 9019 (A) Approving Settlement Notification Procedures and, Subsequently, (B) Approving a Settlement Agreement with the Official Committee of Retired Employees, seeking to approve a settlement agreement (“Settlement Agreement”) between the Debtors and the Official Committee of Retired Employees.
On January 23, 2013, the court entered an order that set March 12, 2013, at 4:00 pm (Eastern Time) as the deadline to object to the Settlement Agreement and set April 2, 2013, at 10:00 a.m., as the hearing date to consider approving the Settlement Agreement (“Preliminary Order”). In the Preliminary Order the court also approved notice procedures by which the Debtors and the Retiree Committee communicated with and provided notice to interested parties about the Settlement Agreement.
On April 2, 2013, the court entered an order approving the Settlement Agreement (“Approval Order”).
Parties may review the Settlement Agreement, the Preliminary Order and the Approval Order by clicking on the relevant hyperlinks below.
Settlement Agreement Preliminary Order Approval OrderLTD Settlement Documents
On January 18, 2013, the Nortel U.S. Debtors and the Official Committee of Long-Term Disability Participants (the "LTD Committee") filed a Joint Motion to Preliminarily Approve the Settlement Agreement Regarding Long-Term Disability Plans and Claims, Certify a Class for Settlement Purposes Only, Approve the Notice Procedures for the Settlement, Schedule a Fairness Hearing on the Settlement Agreement; and also seeking an Order from the Court Finally Approving the Settlement Agreement and Authorizing the Debtors to Terminate the LTD Plans (the "Settlement Motion").
On February 14, 2013, the court entered an order that set April 19, 2013, at 4:00 p.m. (Eastern Time) as the deadline to object to the settlement agreement between the Debtors, the LTD Committee and certain members of the LTD Committee (the “Settlement Agreement”) and set April 30, 2013, at 10:00 a.m. (Eastern Time) as the fairness hearing date to consider the approval of the Settlement Agreement (the “Preliminary Order”). In the Preliminary Order, the court also approved notice procedures by which the Debtors and the LTD Committee communicated with and provided notice to interested parties about the Settlement Agreement.
On May 1, 2013, the court entered an order finally approving the Settlement Agreement, finally certifying a class for settlement purposes only and authorizing the Debtors to terminate the LTD Plans, as defined in the Settlement Agreement, as of June 30, 2013 (the “Approval Order”).
Parties may review the Settlement Agreement, the Preliminary Order and the Approval Order by clicking on the relevant hyperlinks below.
Settlement Agreement
Preliminary Order
Approval Order
Useful Links
Debtor's Website: http://www.nortel.com
Canadian Monitor's Website: http://www.ey.com/ca/nortel
Website Information
As stated above, an unofficial version of the Main Case Docket can be accessed through this website by selecting "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 Debtor 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 toll free at 1-866-897-6435 in the United States and Canada and 646-282-2400 outside the United States and Canada.
