| General Information | Case Information | Contact Information | Frequently Asked Questions | |
Introduction
On January 12, 2009, January 13, 2009 and February 5, 2009, Tarragon Corporation and 24 of its affiliates identified under "Case Information" above (collectively, the "Debtors"), filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the District of New Jersey (the “Bankruptcy Court”).The Debtors' cases were each assigned separate case numbers (collectively, the "Bankruptcy Cases"), which are being jointly administered under Case No. 09-10555 (DHS). The Bankruptcy Cases are pending before the Honorable Donald H. Steckroth.Shortly after the commencement of these cases, the United States Trustee for the District of New Jersey (the "UST") appointed a committee of creditors holding unsecured claims (the "Creditors' Committee”). Information about the Creditors' Committee can be found on this Web site by clicking on "Frequently Asked Questions," above.
The Bankruptcy Code (specifically including, but not limited to, 11 U.S.C. § 362) affords a debtor certain protections against its creditors. For example, the Bankruptcy Code prohibits creditors from taking certain actions against the Debtors related to debts that were incurred prior to the commencement of the Bankruptcy Cases. If you believe that you might be a creditor of the Debtors based upon debts arising prior to the date on which such Debtor filed for bankruptcy, and you are considering taking action based upon your status as a creditor, you should first seek legal advice. The staff of Epiq is not permitted to give legal advice.
On May 11, 2010, the Bankruptcy Court issued an Order approving the Debtors’ Second Amended and Restated Disclosure Statement Pursuant to Section 1125 of the Bankruptcy Code (“Disclosure Statement”). And on June 18, 2010, the Bankruptcy Court entered an order (the “Confirmation Order”) confirming the Debtors’ Second Amended and Restated Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code (the “Plan”) The Plan became effective on July 6, 2010 (the “Effective Date”).
Pursuant to the Plan and a related Liquidating Trust Agreement (the “LTA”), the Tarragon Creditor Entity (the “TCE”) was formed on the Effective Date and WBT LLC became the Trustee of the TCE (the “Trustee”). As set forth in greater detail in the Plan and the LTA, the purpose of the TCE is to resolve, liquidate and realize upon the Trust Assets (as defined in the LTA) for the benefit of the holders of Allowed Claims (as defined in the Plan). Among other things, the Trustee has responsibility for reducing the assets of each Reorganized Debtor to cash and making pro rata distributions of that cash to the holders of Allowed Claims against each Debtor. Copies of the Trustee’s periodic reports to creditors can be found on this Web site by clicking on “Case Information,” above.
This Web site was created to assist the Creditors' Committee in providing access to information to unsecured creditors and to solicit and receive comments from such creditors. Pursuant to Section 5.2 of the LTA, this Web site is presently maintained by the Trustee in order to provide periodic reports to creditors on the status of the liquidation of the Trust Assets. If you have any questions or comments you wish to share with TCE, please send an email to dalowenthal@pbwt.com or bguiney@pbwt.com.
Copies of the Plan, Disclosure Statement, Disclosure Statement Order, Confirmation Order, and LTA can be found on this Web site by clicking on “Case Information,” above.
Useful Links
| Debtors' Information Website: | http://www.kccllc.net/tarragon (This website contains, among other items, an unofficial copy of the Court Docket and the official copy of the Claims Register.) |
| Bankruptcy Court: | http://www.njb.uscourts.gov |
Website Information
From time to time, certain key documents filed in the Bankruptcy Cases or otherwise made available by the Debtors or the Creditors' Committee 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.Plan and Disclosure Statement
On May 11, 2010, the Debtors filed their Second Amended and Restated Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code ("Plan") and related Second Amended and Restated Disclosure Statement Pursuant to Section 1125 of the Bankruptcy Code for the Debtors' Chapter 11 Plan of Reorganization ("Disclosure Statement") with the Bankruptcy Court. By order dated May 11, 2010, the Bankruptcy Court entered an Order approving the Disclosure Statement and determining that it contains "adequate information" with respect to the Plan ("Disclosure Statement Order").
On May 11, 2010, the Bankruptcy Court issued an Order approving, among other things, the Disclosure Statement. The Plan was confirmed on June 18, 2010 and became effective on July 6, 2010 (the “Effective Date”).
A copy of the Plan can be obtained by clicking here.
A copy of the Disclosure Statement can be obtained by clicking here.
A copy of the Disclosure Statement Order can be obtained by clicking here.
A copy of the Order confirming the Plan can be obtained by clicking here.
A copy of the LTA can be obtained by clicking here.
If you are a creditor of any of the Debtors, your rights may be affected by the Plan. You are strongly encouraged to review the Disclosure Statement and the Plan. The Disclosure Statement contains detailed information about the Plan and projected creditor recoveries.
TCE Trustee’s Reports to Creditors
For copies of the Trustee's Interim Reports, please click on the links below:
Trustee’s Thirteenth Interim Report, dated December 31, 2016
Trustee’s Seventeenth Interim Report, dated December 15, 2018
Trustee’s Nineteenth Interim Report, dated December 15, 2019
Trustee’s Twenty-First Interim Report, dated December 15, 2020
Trustee’s Twenty-Third Interim Report, dated December 23, 2021
Trustee’s Twenty-Fifth Interim Report, dated December 15, 2022
Trustee’s Twenty-Seventh Interim Report, dated December 15, 2023
Trustee’s Twenty-Ninth Interim Report, dated December 15, 2024
Trustee’s Thirty-First Interim Report, dated December 15, 2025
- What is
the Official Committee of Unsecured Creditors?
The Official Committee of Unsecured Creditors is appointed by the United States Trustee to represent the interests of unsecured creditors in a chapter 11 bankruptcy case.
- What is
the role of the Official Committee of Unsecured Creditors?
The basic function of the Official Committee of Unsecured Creditors is to act as both watchdog of the Debtors and advisor to its creditor constituents. The general duties of the Official Committee of Unsecured Creditors are set out in the Bankruptcy Code. The Official Committee of Unsecured Creditors may employ legal counsel or other consultants and advisors, confer with the Debtors in the administration of the bankruptcy estates, conduct investigations into the Debtors' financial affairs, participate in formation of a plan of reorganization, and generally represent the interests of unsecured creditors.
- Who are
the members of the Official Committee of Unsecured Creditors?
The current members of the Official Committee of Unsecured Creditors are: (i) Taberna Capital Management, LLC, (ii) A.J.D. Construction Co., Inc., (iii) K. Langford Lawn Care, Inc., (iv) Sovor Associates, and (v) Posner Advertising.
- Who
represents the Official Committee of Unsecured Creditors?
The Official Committee of Unsecured Creditors has retained Patterson Belknap Webb & Tyler LLP ("Patterson Belknap") and Forman Holt Eliades & Ravin LLP as its bankruptcy counsel. You can contact Daniel A. Lowenthal or Brian P. Guiney at Patterson Belknap at (212) 336-2000.
- Who is
the judge presiding over the Tarragon cases?
The Bankruptcy Cases are assigned to the Honorable Donald H. Steckroth, United States Bankruptcy Judge for the United States Bankruptcy Court for the District of New Jersey. The phone number for the United States Bankruptcy Court for the District of New Jersey is (973) 645-4764. They are located at the Martin Luther King, Jr. Federal Building, 50 Walnut Street, Newark, NJ 07102 and the mailing address is PO Box 1352, Newark, NJ 07101-1352.
- Who is
the United States Trustee in the Tarragon cases?
The United States Trustee for the Bankruptcy Cases is Donald F. MacMaster. He can be contacted at (973) 645-3014.
- What
role does the United States Trustee play in the Tarragon cases?
The United States Trustee is a public official whose general responsibility is to ensure that the public interest is being properly served in the administration of bankruptcy cases. The United States Trustee has extensive duties, including monitoring the bankruptcy case, ensuring that a debtor is properly filing its schedules and reports, watching for abuse and other illicit behavior by a debtor, creditors or other parties participating in the bankruptcy case, and assisting the U.S. Attorney in prosecuting crimes committed in the course of a bankruptcy case.
- Why am
I receiving information about Tarragon cases?
Certain notices (the "Notices") have been sent to all potential creditors in the Bankruptcy Cases. If you received a Notice, it is likely because you have done business with one or more of the Debtors in the past, likely as a customer or as a vendor. A complete list of all the Debtors can be found on this website, under the tab entitled "Case Information." The purpose of the Notice may be to inform you of the Debtors' bankruptcy filings, and to give you an opportunity to determine whether you wish to assert a claim against one or more of the Debtors. The fact that you received a Notice does not necessarily mean that you have a claim against the Debtors. You should consult with your attorney to determine whether or not you have a claim.
For further information, you may wish to contact the Debtors' claims agent, Kurtzman Carson Consultants LLC. They can be reached toll-free at (888) 830-4662. - Do the
Debtors do business under any other names? Who is the "et al." in "Tarragon Corporation, et al."?
There are 25 separate Debtor companies being jointly administered in these Bankruptcy Cases. For a complete listing of all the companies, click on the tab entitled “Case Information” on this website. The term "et al." means "among others."
- Do I
need to file a proof of claim?
If you believe that you or an entity that you represent has a claim against one of the Debtors arising prior to the date on which such Debtor filed for bankruptcy, you should consult your own counsel in deciding whether to file a proof of claim. This website does not provide legal advice. To file a proof of claim, send it to the Debtors' Claims Agent, Kurtzman Carson Consultants LLC, along with copies of any relevant documentation supporting the claim. The address of the claims agent and a blank proof of claim form can be found on this website under Proofs of Claim.
- What is
the deadline for filing a proof of claim?
The deadline for the filing of proofs of claims is May 4, 2009 at 5:00 p.m. (prevailing Eastern time).
- Can I
send my proof of claim to the courthouse?
While the Debtors' claims agent receives copies of proofs of claim sent to the courthouse, you should send a copy of your proof of claim and the relevant supporting documentation directly to the Claims Agent, Kurtzman Carson Consultants LLC, to ensure proper processing of your claim. The address of the Claims Agent can be found on this website under Case Information.
- Have
the Debtors filed their Schedules of Assets and Liabilities and Statements of
Financial Affairs?
On February 26, 2009, the Debtors filed their Schedules of Assets and Liabilities and Statements of Financial Affairs. On April 2, 2009, Tarragon Corporation amended its Schedules.
- How can
I confirm that my proof of claim has been received?
To determine if the Claims Agent, Kurtzman Carson Consultants LLC, has received your claim, please visit http://www.kccllc.net/tarragon. Click on the menu item titled "Claims Register." If you have problems locating your claim on the website please contact the Claims Agent at (888) 830-4662.
Official Committee of Unsecured Creditors
The following creditors have been appointed to the Official Committee of Unsecured Creditors in these cases by the Office of the United States Trustee:| Taberna Capital Management, LLC 450 Park Avenue, 11 Flr. New York, NY 10022
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A.J.D. Construction Co., Inc. 948 Highway 36 Leonardo, NJ 07737
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K. Langford Lawn Care, Inc. 230 3 Street, N.W. Naples, FL 34120
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| Sovor Associates 34 Otbow Place Wayne, NJ 07470
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Posner Advertising 30 Broad Street New York, NY 10004
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Contact Information
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| Counsel for the TCE | |||||||||||||||||||||||||||||||||||
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U.S. Trustee
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General Questions & Answers
Click on the question for the answer to show:
Claims Trading
THE CREDITORS' COMMITTEE MAKES NO RECOMMENDATION AS TO WHETHER ANY CREDITOR SHOULD BUY OR SELL ANY CLAIM. IN ADDITION, THE CREDITORS' COMMITTEE MAKES NO RECOMMENDATION AS TO WHICH CLAIMS BUYER YOU SHOULD SELL YOUR CLAIM TO OR THE REASONABLENESS OF ANY PRICE BEING OFFERED FOR YOUR CLAIM.IF YOU ARE CONSIDERING SELLING YOUR CLAIM, THE COMMITTEE STRONGLY SUGGESTS THAT YOU CONSULT WITH YOUR ATTORNEY OR OTHER ADVISOR.