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On February 13, 2020, The McClatchy Company, et al. (collectively, the "Debtors”) filed voluntary petitions (collectively, the “Bankruptcy Cases”) for relief under Chapter 11 of the United States Bankruptcy Code (the “Bankruptcy Code”).
The questions and answers that follow provide general information concerning the Bankruptcy Cases, the Official Committee of Unsecured Creditors of The McClatchy Company, et al. (the “Committee”), and various topics related to the Bankruptcy Cases and the Committee.
Pursuant to the Bankruptcy Code, the United States Trustee (the “US Trustee”) is authorized to appoint a committee of creditors holding unsecured claims as soon as practicable after the filing of a case. Generally, a creditors’ committee is a group of general unsecured creditors appointed to represent, in a fiduciary capacity, the interests of all general unsecured creditors. In such role, creditors’ committees act to protect and promote the interests of general unsecured creditors by, among other things, monitoring a debtor’s business operations, investigating its business and financial affairs, and negotiating the terms of a plan of reorganization. The overarching goal of a creditors’ committee is to maximize value for general unsecured creditors.
In accordance with this authority, on February 26, 2020, the US Trustee appointed the Committee [Docket No. 114].
Pursuant to the Bankruptcy Code, the Committee may: (1) consult with the Debtors concerning the administration of the Bankruptcy Cases; (2) investigate the acts, conduct, assets, liabilities, and financial condition of the Debtors, the operation of the Debtors' business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan; (3) participate in the formulation of a plan, advise those represented by the Committee of its determinations as to any plan formulated, and collect and file with the court acceptances or rejections of a plan; (4) request the appointment of a trustee of examiner under section 1104 of the Bankruptcy Code; and (5) perform such other services as are in the interest of those represented.
The Committee has selected Stroock & Stroock & Lavan LLP to serve as its bankruptcy counsel. The Committee also selected Berkeley Research Group, LLC to serve as financial advisor, Dundon Advisers LLC as co-financial advisor, and Moelis & Company LLC as Investment Banker (see, [Docket No. 247], [Docket No. 248], [Docket No. 249], [Docket No. 278] ).
The United States Trustee Program is a component of the Department of Justice responsible for overseeing the administration of bankruptcy cases. For further details on the United States Trustee’s role, please visit the website of the United States Trustee at https://www.justice.gov/ust-regions-r02.
No. The Committee represents the interests of all unsecured creditors through oversight of and negotiations with the Debtors. Neither the Committee nor its counsel represents individual creditors that may have claims in the Bankruptcy Cases.
The general deadline (also known as the “General Claims Bar Date”) to file proofs of claim is July 10, 2020, pursuant to the Order Establishing Bar Dates. Click here for a link to file an electronic proof of claim on the Debtors' claims agent website.
If you believe that you or an entity you represent has a claim arising prior to February 13, 2020 against the Debtor(s), you may wish to file a proof of claim to protect your rights. You should consult your own counsel in deciding whether to file any proofs of claim in the Bankruptcy Cases.
On August 21, 2020, the Debtors filed the Joint Chapter 11 Plan of Distribution of the McClatchy Company and its Affiliated Debtors and Debtors in Possession [Docket No. 780] and the Supplemental Disclosure Statement with Respect to the Joint Chapter 11 Plan of Distribution of The McClatchy Company and its Affiliated Debtors and Debtors in Possession [Docket No. 781]. The hearing to approve the Disclosure Statement has been set for September 23, 2020, at 11:00 a.m. Eastern Time (see the Combined DS and Confirmation Hearing [Docket No. 786]).