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.
A Joint Plan of Reorganization (the “Joint Plan”) and Disclosure Statement Regarding the Joint Plan were filed with the Court on June 18, 2007. Several amendments and supplements to the Joint Plan (the “Amended Joint Plan”) and to the Disclosure Statement were subsequently filed with the Court. You may view all of these documents by clicking on the Amended Joint Plan of Reorganization or Amended Disclosure Statement links on the left side of this page.
The Modified Amended Plan dated July 17, 2009 provided for a Trust to be set up to liquidate and, as appropriate, pay all eligible asbestos personal injury claims against the Debtors. Persons or entities with personal injury, wrongful death or property damage claims relating to exposure to asbestos or asbestos-containing products manufactured, distributed or sold by any of the Debtors, were entitled to vote to accept or reject the Modified Amended Plan on or before 5:00 p.m. on September 21, 2009. Lawyers for holders of these claims may have voted on the Modified Amended Plan on behalf of their clients. If you are unsure whether your lawyer was authorized to vote on your behalf, please contact your lawyer.
On January 7, 2011, an Order Reopening the Record on Confirmation was entered by this Court. The hearing to confirm the
Amended Joint Plan of Reorganization in Respect of The Flintkote Company and Flintkote Mines Limited (Docket No. 6336) (as Modified August
30, 2011) (the "Confirmation Hearing") was held on September 12-13, 2011 and September 19, 2011. The Confirmation Hearing was subsequently
deemed concluded by the Bankruptcy Court.
On December 21, 2012, the Bankruptcy Court entered an Opinion, among other things, overruling objections to the Amended Joint Plan (Docket No. 7253) (the "Confirmation Opinion") and issued an Order confirming the Amended Joint Plan (Docket No. 7254) (the "Confirmation Order"), recommending that the District Court of Delaware affirm confirmation of the Amended Plan and that they issue an injunction under § 11 U.S.C 524(g) in support thereof.
On January 4, 2013, Imperial Tobacco Canada Limited and certain of its wholly-owned subsidiaries, including Genstar
Corporation , (“ITCAN”) filed a notice of appeal from the Confirmation Opinion and the Confirmation Order (Docket No. 7286). On July 10,
2014, The District Court entered its Order Affirming Confirmation of the Amended Plan (District Court Docket No. 48) (the “District Court
Confirmation Order”). On July 18, 2014, ITCAN filed its notice of appeal from the District Court Confirmation Order (District Court Docket
No. 49), but has not sought a stay. The appeal is currently pending before the Third Circuit as Case No. 14-3367.
The Debtors continue in possession of their respective properties and have continued to operate and manage their
respective businesses as debtors-in-possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code.
All documents filed with the Bankruptcy Court are available for inspection by accessing the Bankruptcy Court's website at www.deb.uscourts.gov. Please contact PACER at www.pacer.psc.uscourts.gov to obtain the internet password required to gain access to the documents. You will not be able to obtain copies of documents by calling the Bankruptcy Court directly. To view documents related to this Notice, you should click on the Amended Joint Plan of Reorganization and Amended Disclosure Statement links on the left side of this page.
Please note that The Garden City Group, Inc., the Voting Agent in these cases, is not permitted to give legal advice.