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2015-02-06_GENERAL DOCUMENTS - C1981013
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2015-02-06_GENERAL DOCUMENTS - C1981013
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Last modified
8/24/2016 5:57:17 PM
Creation date
2/9/2015 1:20:38 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
General Documents
Doc Date
2/6/2015
Doc Name
Notice of Filing of Report of the Monitor in the Canadian Proceeding
From
US Bankruptcy Court
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
LDS
MPB
Media Type
D
Archive
No
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-12- <br />CLAIMS PROCEDURE <br />33. On the Filing Date, this Honourable Court issued the Claims Procedure Order that <br />approved a process for the identification and quantification of claims against the Applicants and <br />their present and former directors and officers. <br />34. As further detailed in the Monitor's Second Report, the Monitor received 4 <br />Notices of Dispute of Claim (as defined in the Claims Procedure Order) from Known Creditors, <br />one of which has been subsequently resolved. The Applicants continue to be engaged in <br />discussions with Known Creditors in order to attempt to resolve the remaining disputes. <br />35. The Monitor received a consolidated Proof of Claim with respect to the WARN <br />Act Claims on January 13, 2015. Legal counsel to the Applicants, with the assistance of the <br />Monitor, engaged in discussions with counsel to the WARN Act Plaintiffs. As further detailed in <br />the Third Goldfarb Affidavit, on January 20, 2015, the Applicants reached an agreement with <br />Class Action Counsel on the terms of a settlement to resolve their claim. As more particularly <br />described herein, such terms are reflected in the amendments contained in the Amended and <br />Restated Plan. Accordingly, the WARN Act Claims have been allowed for voting and <br />distribution purposes provided that: <br />a) the WARN Act Claims (including the associated attorneys' fees included <br />therein) shall be deemed to be unsecured and to have no security or priority <br />status; and <br />b) the Amended and Restated Plan is implemented in accordance with its terms. <br />36. The Monitor received 3 Proofs of Claims from Affected Unsecured Creditors <br />against the Applicants on or before the Claims Bar Date. Each of these claims were disallowed <br />
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