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:
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.
On March 28, 2012 an Order was granted by the Court, which among other things:
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”).
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.
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.
On June 17, 2011, the Recognition Order was approved by the Court.
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.
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.
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.
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.
On April 28, 2011, the Canadian Court made the following orders:
This Web site will be updated as information becomes available.
For more information, please contact: Jonathan Reimche, via email.