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2016-06-28_GENERAL DOCUMENTS - C1994082
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2016-06-28_GENERAL DOCUMENTS - C1994082
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Last modified
8/24/2016 6:24:22 PM
Creation date
6/28/2016 10:05:48 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1994082
IBM Index Class Name
General Documents
Doc Date
6/28/2016
Doc Name
Notice of Deadlines for Filing of Proofs of Claim
From
United States Bankruptcy Court Eastern District of Missouri Eastern Division
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JHB
Media Type
D
Archive
No
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surety bonds and related agreements); (i) ESIS, Inc.; 0) CNA Surety; and (k) Travelers <br />Companies.5 In addition, the Debtors may consent to the filing of a Master Proof of Claim by <br />other entities. Notwithstanding any other provision of the Bar Date Order to the contrary, upon <br />receipt of the Debtors' written consent (which the Debtors may grant or withhold in their <br />reasonable discretion), each such entity shall be authorized to file a Master Proof of Claim, <br />subject to the terms of the Bar Date Order (but notwithstanding paragraph 8(e) thereof). <br />For administrative convenience, any Master Proof of Claim authorized herein shall be <br />filed in the case of Debtor PEC (as defined in the Bar Date Order) (In re Peabody Energy <br />Corporation, Case No. 16-42529-399) (the "Lead Case") with respect to all amounts asserted in <br />such Master Proof of Claim, and such Master Proof of Claim shall be deemed to be filed and <br />asserted by the applicable entity or entities against every Debtor that is potentially liable for the <br />applicable claim so long as such authorized Master Proof of Claim sets forth in reasonable detail <br />the basis for such claim and, to the extent reasonably possible, the amount asserted against each <br />applicable Debtor. No authorized Master Proof of Claim shall be disallowed, reduced or <br />expunged solely on the basis that it is filed only in the Lead Case and only against Debtor PEC. <br />The Pension Benefit Guaranty Corporation (the "PBGC"), may file a single, consolidated <br />proof of claim on account of each of its claims, which claim shall be deemed to be filed against <br />all of the Debtors (the "PBGC Claim"); provided, however, that the PBGC Claim shall set forth <br />in reasonable detail the basis and amount of the claims asserted against each Debtor, as required <br />by the Bankruptcy Code, the Bankruptcy Rules, and any applicable order of the Court. If timely <br />filed by the applicable Bar Date, the PBGC Claim shall be deemed a valid proof of claim against <br />each Debtor described in the PBGC Claim and PBGC shall not be required to file a proof of <br />claim in the separate case of each such Debtor. The authorization for PBGC to file a single, <br />consolidated proof of claim is for procedural purposes only, intended for administrative <br />convenience and shall not be interpreted or construed to substantively affect any right, objection, <br />claim or defense of any party in interest to the PBGC Claim, including amount, extent, validity, <br />priority, perfection, or enforceability of any claim or security interest asserted by the PBGC <br />Claim. For the avoidance of doubt, the authorization granted in the Bar Date Order is without <br />prejudice to the right of any party to object to the PBGC Claim on the basis of insufficient <br />information, or to seek to disallow, and/or expunge the proof of claim to the extent it is <br />determined that all or any portion of the claims or security interests asserted in the PBGC Claim <br />are not allowable against any individual Debtor's estate. <br />Any entity asserting a Rejection Damages Claim with an administrative claim component <br />must file, along with its proof of claim, a detailed statement describing the nature and basis of <br />any portion of the Rejection Damages Claim asserting an administrative priority under <br />section 503(b) of the Bankruptcy Code (the "Administrative Claim Supplement"). <br />Under the Bar Date Order, the filing of a proof of claim form, along with an attached <br />Administrative Claim Supplement, if applicable, shall be deemed to satisfy the procedural <br />requirements for the assertion of a Rejection Damages Claim (including any administrative claim <br />The Travelers Companies include, but are not limited to Aetna Casualty & Surety, Seaboard Surety, St. <br />Paul Fire & Marine, and Travelers Casualty and Surety Company of America. <br />5 <br />
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