Nortel Networks, Inc.
NOTE: Pursuant to the Final Decree (I) Closing the Remaining Chapter 11 Cases of Nortel Networks Inc. and Certain of its Affiliates, (II) Terminating Certain Claims and Noticing Services, (III) Granting Related Relief with Respect to Unclaimed Distributions, and (IV) Granting Related Relief, entered on February 5, 2024 [Docket No. 19001], the Chapter 11 Cases of the Wind-Down Debtors are closed. This site is left up for archival purposes.
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 reassigned to the Honorable Mary F. Walrath. 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.
On July 26, 2016, Nortel Networks India International Inc. ("NN III") filed a petition with the Court seeking relief under chapter 11 of the Bankruptcy Code (Case No. 16-11714). On August 16, 2016, the Court entered an Order approving the joint administration and consolidation of NN III'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 III 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 held a meeting of creditors at 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.
Case No: 16-11714 Nortel Networks India International Inc.
Plan Confirmation
On January 24, 2017 the Bankruptcy Court confirmed a Chapter 11 Plan for all of the Debtors (except Nortel Networks India International Inc.). For a copy of the order confirming the Plan, please click here. For a copy of the confirmed Plan, please click here. For a copy of the Disclosure Statement for the confirmed Plan, please click here.
On October 13, 2021 the Bankruptcy Court confirmed a Chapter 11 Plan for Nortel Networks India International Inc. For a copy of the order confirming the Plan, please click here. For a copy of the confirmed Plan, please click here. For a copy of the Disclosure Statement for the confirmed Plan, please click here.
Administrative Expense Claims Bar Date
The deadline for filing Administrative Expense Claims against Nortel Networks India International Inc. in this case was established by the Bankruptcy Court as Monday, January 10, 2022 at 5:00pm (EST).
General Claims Bar Dates
On August 4, 2009, the United States Bankruptcy Court for the District of Delaware entered an Order establishing the General Bar Date for each person or entity (including individuals, partnerships, corporations, joint ventures, trusts and governmental units) to file a proof of claim against Nortel Networks Inc., Nortel Networks Capital Corporation, Nortel Altsystems Inc., Nortel Altsystems International Inc., Xros, Inc., Sonoma Systems, Qtera Corporation, CoreTek, Inc., Nortel Networks Application Management Solutions Inc., Nortel Networks Optical Components Inc., Nortel Networks HPOCS Inc., Architel Systems (U.S.) Corporation, Nortel Networks International Inc., Northern Telecom International Inc. and Nortel Networks Cable Solutions Inc., as September 30, 2009 at 4:00 p.m. (prevailing Eastern Time).
Nortel Networks (CALA) Inc.
On December 2, 2009, the Bankruptcy Court entered an order establishing the General Bar Date for filing of proofs of claim or interest against Nortel Networks (CALA) Inc., Case No. 09-12515, as January 25, 2010, at 4:00 pm (prevailing Eastern Time).
Nortel Networks India International Inc.
On August 16, 2016, the Bankruptcy Court entered an order establishing the General Bar Date for filing of proofs of claim or interest against Nortel Networks India International Inc., Case No. 16-11714, as September 19, 2016, at 4:00 pm (prevailing Eastern Time).
U.S. Allocation Appeal Documents
Canadian Creditors Committee Appellee’s Response and Cross-Appellant’s Opening Brief
U.S. Allocation Appeal - Opening Brief of Official Committee of Unsecured Creditors
U.S. Allocation Appeal - Opening Brief of U.S. Debtors
U.S. Allocation Appeal - Opening Brief of Ad Hoc Group of Bondholders
U.S. Allocation Appeal - Opening Brief of the Nortel Trade Claims Consortium
Brief of Appellees the UK Pension Claimants
The Joint Administrators’ Opposition Brief on Appeal and Opening Brief on Cross-Appeal
Cross-Appeal Opposition Brief of the UK Pension Claimants
Opposition and Reply Brief of Law Debenture Trust Company of New York, as Indenture Trustee
Asset Sales
Layer 4-7 Assets
On March 26, 2009, the Court entered an order approving the sale of the Layer 4-7 assets to Radware Ltd. as the successful bidder at auction.
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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
On July 28, 2009, the Court entered an order approving the sale of CDMA and LTE-related assets to Telefonaktiebolaget LM Ericsson (Publ) ("Ericsson") as the successful bidder at auction.
- A copy of the order joining NN CALA to the Sale Motion is available here.
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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.
Enterprise Solutions Business Assets
On September 16, 2009, the Court entered an order approving the sale of the Enterprise Solutions business to Avaya Inc. as the successful bidder at auction.
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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
On October 28, 2009, the Court entered an order approving the sale of assets associated with Nortel's Next Generation Packet Core network components to Hitachi, Ltd.
GSM/GSM-R Assets
On December 2, 2009, the Court entered an order approving the sale of assets associated with Nortel's GSM/GSM-R business to Telefonaktiebolaget LM Ericsson (Publ) and Kapsch Carriercom AG as the successful bidder at auction.
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
On March 4, 2010, the Court entered an order approving the sale of certain assets of Nortel's Carrier Voice Over IP and Application Solutions business to GENBAND Inc.
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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
On September 30, 2010, the Court entered an order approving the sale of certain assets of Nortel's Multi-Service Switch business to Ericsson.
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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.
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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.
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A copy of the Sale Order is available here. The Asset Sale Agreement is attached to the Sale Order as Exhibits.
Residual Patent Assets
On April 4, 2011, the Debtors filed a Sale Motion to approve their entry into a stalking horse agreement with Ranger Inc., a subsidiary of Google Inc.
On July 11, 2011, the Court entered an order approving the sale of Nortel's Residual Patent Assets to Rockstar Bidco, LP.
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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 LLP
One 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 LLP
1201 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 LLP
One 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. 17796, 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
2711 Centreville Road
Wilmington, DE 19808
Attn: Sandra Horwitz
Phone: 302-636-5860
Fax: 302-636-8666
U.S. Trustee
Office of the United States Trustee844 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: www.nortel-us.com
Canadian Monitor's Website: http://www.ey.com/ca/nortel