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 (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 order confirming the Amended Joint Plan.
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.