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Corporate Restructuring :
Active Cases
: Truvo USA LLC, et al.
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In re Truvo USA LLC, et. al., Case No. 10-13513 (JMP) Jointly Administered
United States Bankruptcy Court, Southern District of New York |
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General Information:
On July 1, 2010, each of the Debtors filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code (the "Bankruptcy Code"). The five cases were assigned the case numbers listed below (collectively, the "Bankruptcy Cases") and were jointly administered under Case No. 10-13513. On August 15, 2011, all the Bankruptcy Cases were closed expect for that of Truvo Acquisition Corp., which remains pending before the Honorable James M. Peck of the United States Bankruptcy Court for the Southern District of New York.
| Debtor Name |
Debtor Case Number |
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| Truvo Parent Corp. |
10-13514 |
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| Truvo Intermediate LLC |
10-13515 |
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| Truvo Subsidiary Corp. |
10-13516 |
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| Truvo Acquisition Corp. |
10-13517 |
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Pursuant to the Bankruptcy Code (specifically including, but not limited to, 11 U.S.C. § 362), a debtor is afforded certain protection against its creditors; the Bankruptcy Code prohibits creditors from taking certain actions related to debts that may have been owing prior to the commencement of the Bankruptcy Cases. If you believe that you might be a creditor of the Debtor(s) based upon debts arising prior to July 1, 2010, and you are considering taking action based upon your status as a creditor, you may wish to seek legal advice. The staff of the Clerk of the Bankruptcy Court and the staff of Kurtzman Carson Consultants LLC are not permitted to give legal advice.
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Plan of Reorganization: The Second Amended Joint Plan of Reorganization of Truvo USA LLC, et al., Debtors Under Chapter 11 of the Bankruptcy Code has gone effective as of November 30, 2010. Please find the notice of the Effective Date here. |
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Plan Confirmation: On October 26, 2010, the Bankruptcy Court entered an order confirming the Second Amended Joint Plan of Reorganization of Truvo USA LLC, et al., Debtors Under Chapter 11 of the Bankruptcy Code, dated October 22, 2010, a copy of which can be found here. A copy of the Confirmation Order can be found here. |
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Important Dates, Deadlines & Documents: Some dates, deadlines and documents in the Debtors' Bankruptcy Cases that may be relevant to interested parties are set forth below: |
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| Debtors' Chapter 11 Petition Date |
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July 1, 2010 |
| Meeting of Creditors |
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August 2, 2010
(1:00 p.m. ET) |
| Deadline to File Proofs of Claim |
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August 12, 2010
(5:00 p.m. ET) |
| Disclosure Statement Hearing |
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September 1, 2010
(10:30 a.m. ET) |
| Voting Deadline |
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October 1, 2010
(4:00 p.m. ET) |
| Hearing on Disclosure Statement Supplement and Voting Procedures for Second Amended Plan |
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October 6, 2010
(9:30 a.m. ET) |
| New Voting Deadline and Confirmation Objection Deadline for the Senior Lenders only |
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October 21, 2010
(4:00 p.m. ET) |
| Confirmation Hearing |
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October 26, 2010
(10:00 a.m. ET) |
| Effective Date of Plan |
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November 30, 2010 |
| Status Conference |
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December 21, 2011
(9:30 a.m. ET) |
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Preliminary Injunction: The Debtors have commenced an adversary proceeding seeking injunctive relief under Sections 105(a) and 362(a) of the Bankruptcy Code enjoining creditors from pursuing claims to enforce or collect on guarantees or security interests issued by certain of the Debtors' foreign subsidiaries in connection with obligations under (i) the Senior Facility Agreement dated May 23, 2007, and (ii) the senior notes issued pursuant to the indenture dated December 7, 2004 (together, the "Guaranteed Debt"). The Bankruptcy Court entered a temporary restraining order granting such relief on July 1, 2010, and after a hearing on July 14, 2010 entered a preliminary injunction granting such relief. Copies of the preliminary injunction order are available here. On November 8, 2010, the Bankruptcy Court entered an order extending the term of the injunction for an additional 45 days, through December 26, 2010. Copies of that extension order are available here.
While the preliminary injunction is in effect, all acts or actions against certain of the Debtors' foreign subsidiaries relating to the Guaranteed Debt are enjoined, including without limtiation (i) commencement of insolvency or similar proceedings, (ii) attachment of the property of such foreign subsidiaries, and/or (iii) enforcement or perfection of security interests against such foreign subsidiaries. Further details, including copies of the preliminary injunction and the relevant pleadings, are available here.
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Meeting of Creditors: The meeting of creditors pursuant to section 341 of the Bankruptcy Code (the "Meeting of Creditors") was held on Monday, August 2, 2010 at 1:00 p.m. (ET) at the following location: |
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Office of the United States Trustee (SDNY)
80 Broad Street
Fourth Floor
New York, NY 10004
Rule 9001(5) of the Federal Rules of Bankruptcy Procedure requires that a representative of the Debtors appear at the Meeting of Creditors for the purpose of being examined under oath by a representative of the Office of the United States Trustee and by any interested parties that attend the meeting. Creditors are welcome, but not required, to attend the meeting. The Meeting of Creditors may be continued or adjourned by notice at the meeting, without further written notice to creditors.
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Parties and Addresses: |
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Truvo Claims Processing Center
c/o Kurtzman Carson Consultants LLC
2335 Alaska Avenue
El Segundo, CA 90245
T: 877-660-6673
Please file proof(s) of claim, if any, via US Mail or other hand delivery system. Facsimile and other electronic delivery methods are not acceptable. You must file an originally executed proof of claim. If you would like a copy of your claim returned to you as proof of receipt, please enclose an additional copy and a self-addressed postage-paid envelope.
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Counsel for the Debtors and Debtors in Possession
Thomas J. Moloney, Esq.
Sean A. O'Neal, Esq.
Cleary Gottlieb Steen & Hamilton LLP
One Liberty Plaza
New York, NY 10006
T: 212-225-2000
F: 212-225-3999
http://www.cgsh.com |
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United States Trustee
Office of the United States Trustee
U.S. Department of Justice
33 Whitehall Street, 21st Floor
New York, NY 10004-2111
T: 212-510-0500
F: 212-668-2255
http://www.usdoj.gov/ust/r02/ |
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Counsel to the Unsecured Creditors' Committee
Gregory M Petrick, Esq
Ingrid Bagby, Esq
Sharon J Richardson, Esq
Cadwalader Wickersham & Taft LLP
One World Financial Center
New York, NY 10281
T: 212-504-6373
F: 212-504-6666
http://www.cadwalader.com |
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Truvo Restructuring Information Line: The Truvo Restructuring Information Line can be reached toll free at 877-660-6673. International dialers may call 732-491-0413. |
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Note:
Kurtzman Carson Consultants LLC ("KCC”) maintains this website at the direction of Cleary Gottlieb Steen & Hamilton LLP, counsel to the Debtors. KCC maintains this website for the public's convenience and, while KCC makes every attempt to assure the accuracy of the information contained herein, this website is not the website of the United States Bankruptcy Court and does not contain the complete, official record of the Bankruptcy Court. All documents filed with the Court, including lists of the Debtors' assets and liabilities, are available for inspection at the Clerk of the Bankruptcy Court, Southern District of New York.
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