4461029 Canada Inc. (formerly known as Böwe Bell + Howell International Ltd. (“BBH Canada” or the “Company”))

Information Officer

Page last updated: April 20, 2012

This page is for information purposes only and you should consult your professional adviser if you have any questions or are uncertain as to your rights or obligations.


On April 18, 2011, Böwe Systec, Inc., Böwe Bell + Howell Holdings, Inc., BBH, Inc., Böwe Bell + Howell Company, Böwe Bell + Howell Postal Systems Company, BCC Software, Inc. (collectively “BBH US”) and Böwe Bell + Howell International Ltd. (“BBH Canada” and collectively with BBH US, the “Chapter 11 Debtors”) filed voluntary petitions under Chapter 11 of Title 11 of the United States Code 11 U.S.C. §§ 101-1532 (the “Chapter 11 Cases”) in the United States Bankruptcy Court for the District of Delaware (the “US Bankruptcy Court”). Further information on the Chapter 11 Cases can be found on the following website www.gcginc.com/cases/bowe.

On April 21, 2011, BBH Canada (as the foreign representative of the Chapter 11 Debtors) made an application to the Ontario Superior Court of Justice (Commercial List) (the “Canadian Court”) for an interim stay of proceedings against the Chapter 11 Debtors pursuant to Part IV of the Companies’ Creditors Arrangement Act (“CCAA”). Further orders were granted by the Canadian Court on April 28, 2011 for, among other things:

  • a) recognition of the Chapter 11 Cases as foreign main proceedings and BBH Canada as the foreign representative;
  • b) an extension of the stay of proceedings and continuation of services to the Chapter 11 Debtors;
  • c) recognition of the orders brought to date in the Chapter 11 Cases (the "First Day Orders");
  • d) the appointment of PwC as Information Officer to the Canadian Court;
  • e) granting a charge (the "Administration Charge") up to $100,000 on the assets of the Chapter 11 Debtors in Canada for professional fees and disbursements of the Information Officer and its counsel; and
  • f) granting a charge (the "DIP Charge") on the assets of the Chapter 11 Debtors in Canada as security for the Company's DIP Facility.

The Chapter 11 Debtors entered into an asset purchase agreement with Contrado BBH Funding, LLC, to sell all of the Chapter 11 Debtors’ assets and assume certain liabilities. The sale closed on June 23, 2011.

Copies of future Canadian Court orders and other material relating to these proceedings will be available on this website.


Status of the File as at March 28, 2012

On March 28, 2012 an Order was granted by the Court, which among other things:

  • recognized the Chapter 11 Case Dismissal Order;
  • approved the reports of the Information Officer;
  • approved the fees and disbursements of the Information Officer for the period to March 21, 2012 and those of its legal counsel;
  • authorized the Information Officer to make an assignment in bankruptcy on behalf of BBH Canada pursuant to the provisions of the Bankruptcy and Insolvency Act (Canada (the “BIA”) and authorized PwC to act as trustee in bankruptcy of BBH Canada (the “Trustee”);
  • authorized the Trustee to accept or deny, in its discretion as permitted under the BIA, the proof of claims filed against BBH Canada in the course of the claims process conducted in the Chapter 11 Proceedings for the purposes of section 135 of the BIA without the necessity of the creditors of BBH Canada having to submit a claim in the bankruptcy proceedings of BBH Canada (after consultation with the Office of the Superintendent of Bankruptcy); and
  • terminated the proceedings and discharged PwC as Information Officer of BBH Canada, notwithstanding that PwC shall remain the Information Officer for the performance of such incidental duties as may be required to complete the administration of the proceedings.

Status of File as at March 20, 2012

On March 21, 2012, the U.S. Chapter 11 Debtors are scheduled to bring a motion to the U.S. Court in the Chapter 11 Proceeding for an order dismissing the chapter 11 cases of the Chapter 11 Debtors, including the Applicant’s case.

On March 28, 2012, BBH Canada will seek an order terminating the proceedings and discharging the Information Officer and authorizing the Information Officer to make an assignment in bankruptcy on behalf of BBH Canada pursuant to the Bankruptcy and Insolvency Act (“BIA”).

Status of File as at December 12, 2011

The Information Officer filed its Fifth Report, dated September 9, 2011, and Sixth Report, dated December 9, 2011, to the Court to update the Court on the status of certain proceedings and the Chapter 11 Cases, pursuant to the terms of the Supplemental Recognition Order. Copies of the reports are posted under the Information Officer’s Reports tab.

Status of File as at June 27, 2011

The sale of the Chapter 11 Debtors (including BBH Canada) closed on June 23, 2011.

The deadline to submit a General Proof of Claim in the Chapter 11 Debtors’ claims process is July 9, 2011. Claims should be submitted directly to the U.S. Claims Agent, following the instructions included in the Claims Package mailed on June 6, 2011. Note that any claims submitted must be received by the Claims Agent on or before July 9, 2011. Further information can be found on the following website: www.gcginc.com/cases/bowe.

Status of File as at June 20, 2011

On June 17, 2011, the Recognition Order was approved by the Court.

Status of File as at June 15, 2011

On June 17, 2011, the Applicant will make a motion for an Order: (i) recognizing the U.S. Corporate Names Order; (ii) that the articles of the Foreign Representative are amended in accordance with the Articles of Amendment; (iii) that, on or following the Closing Date, the Foreign Representative is authorized and directed to send the Articles of Amendment to the Director appointed under section 260 of the Canada Business Corporations Act, R.S.C. 1985, c. C-44, as amended; and, (iv) that, subject to the amendment of the articles of the Foreign Representative becoming effective, the Notice of Application dated April 20, 2011 be amended to change the title of the proceeding to reflect the name change of Böwe Bell + Howell International Ltd. to 4461029 Canada Inc.

Status of File as at June 8, 2011

On June 8, 2011, the Court issued an Order recognizing the U.S. Sale Order, the U.S. Settlement Stipulation Order and the U.S. Claims Bar Date Order. The U.S. Claims Officer sent Proof of Claim forms to all scheduled creditors and other parties in interest on June 6, 2011. All claims should be sent directly to the U.S. Claims Officer as stipulated in the Claims Package. Further information can be found on the following website www.gcginc.com/cases/bowe.

Status of File as at May 24, 2011

On May 20, 2011, the Court issued Orders recognizing the U.S. Final DIP Financing Order, the US Final Utilities Order, the US Final Cash Management Order, the US Final Employee Wage Order and the US Bidding Procedures Order, which orders are to be given full force and effect in all provinces and territories of Canada, pursuant to section 49 (1) of the CCAA.

Status of File as at May 11, 2011

On May 20, 2011, BBH Canada will make a motion for an order requesting the Court’s recognition of the U.S. Final DIP Financing Order, the U.S. Final Utilities Order, the U.S. Final Cash Management Order and the U.S. Final Employee Wage Order, which orders are to be given full force and effect in all provinces and territories of Canada, pursuant to section 49 (1) of the CCAA.

Status of File as at April 29, 2011

On April 28, 2011, the Canadian Court made the following orders:

  1. an Initial Recognition Order declaring that, inter alia: (i) BBH Canada is a “foreign representative” pursuant to Section 45 of the CCAA and is entitled to bring its application pursuant to Section 46 of the CCAA; and (ii) the Chapter 11 Proceeding in respect of the Chapter 11 Debtors is recognized as a “foreign main proceeding” for the purposes of Section 47 and 48 of the CCAA; and
  2. a Supplemental Recognition Order, inter alia: (i) recognizing in Canada and enforcing certain orders of the U.S. Court; (ii) staying and enjoining any claims, rights, liens or proceedings against or in respect of the Chapter 11 Debtors, the directors and officers of the Chapter 11 Debtors and the Chapter 11 Debtors’ property; and (iv) appointing PricewaterhouseCoopers Inc. (the “Information Officer”) as information officer in respect of this proceeding.


This Web site will be updated as information becomes available.

For more information, please contact: Jonathan Reimche, via email.