The Flintkote Company Chapter 11 Bankruptcy Administration Website
|Supplemental Voting Deadline||June 2, 2015 at 4:00 p.m. ET|
|Confirmation Objection Deadline||July 8, 2015|
|Deadline to Reply to Objections to the Plan||July 22, 2015|
|Confirmation Hearing Date||August 10, 2015 at 10:30 a.m. ET|
Welcome to The Flintkote Company Chapter 11 Reorganization Website
On May 1, 2004, The Flintkote Company filed a voluntary Chapter 11 petition in the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"). On August 25, 2004, Flintkote Mines Limited filed a voluntary Chapter 11 petition with the Bankruptcy Court. On September 9, 2004, the Bankruptcy Court entered an order directing that these cases be jointly administered for procedural purposes under case number 04-11300. These cases were assigned to the Honorable Judith K. Fitzgerald. They have since been assigned to The Honorable Mary F. Walrath.
On February, 9, 2015, The Flintkote Company and Flintkote Mines Limited filed the Amended Joint Plan of Reorganization in Respect of The Flintkote Company and Flintkote Mines Limited (As Modified February 9, 2015) (the “Amended Joint Plan”) and Supplemental Disclosure Statement Regarding Amended Joint Plan of Reorganization in Respect of The Flintkote Company and Flintkote Mines Limited As Modified February 9, 2015 (the “Disclosure Statement Supplement”). The Amended Joint Plan modifies the Prior Plan to incorporate the terms of a comprehensive settlement between The Flintkote Company, Flintkote Mines Limited and Imperial Tobacco Canada Limited ("ITCAN"). Also on February 9, 2015, The Flintkote Company and Flintkote Mines Limited filed the Debtors’ Motion for Order (I) Counting Previously Solicited Votes Pursuant to 11 U.S.C. Sec. 1127(d); (II) Approving Form, Scope, and Procedures for Resolicitation of Votes on Modified Plan of Reorganization; (III) Approving Supplemental Disclosure Document; and (IV) Scheduling the Confirmation Hearing and Deadlines In Respect Thereof (the “Resolicitation Motion”). To view these documents, you should click on the Amended Joint Plan of Reorganization and Disclosure Documents links on the left side of this page.
On March 17, 2015, Judge Walrath entered an order granting the Resolicitation Motion and approving the Disclosure Statement Supplement (the “Resolicitation Order”). As a result, votes cast on the Prior Plan will be counted as votes on the Amended Joint Plan, unless changed in accordance with the procedures approved by the Bankruptcy Court. If you are a creditor of one or both Debtors and voted on the prior version of the Debtors’ plan in 2008 (if you hold a General Unsecured Claim) or 2009 (if you hold an Asbestos Personal Injury Claim) and do not wish to change your vote, you do not need to cast another ballot on the Amended Joint Plan.
Although the primary purpose of the resolicitation is to allow creditors the opportunity to change votes previously cast on the Prior Plan, there may be creditors who did not vote previously and who now wish to cast a vote on the Amended Joint Plan. The Resolicitation Order allows these creditors to cast a vote, subject to objection. The same form of ballot should be used to cast a vote, regardless of whether the vote is a changed vote or a new vote. If you did not receive a ballot and wish to change your vote or cast a new vote, please call the Flintkote Reorganization Hotline at 1-800-290-0537 and leave a message with your contact details.
Persons or entities exposed to, or harmed by, either of the Debtors’ asbestos or asbestos-containing products may have personal injury, wrongful death or property damage claims against the Debtors. Such persons or entities need not (i) have been diagnosed, (ii) be symptomatic, or (iii) be impaired to be affected by the Amended Joint Plan.
This website will be updated to provide additional information as it becomes available. Please note that Garden City Group, LLC, the Voting Agent in these cases, is not permitted to give legal advice.