Catalyst Paper Corporation

CCAA Filing

Page last updated: May 23, 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.

Status of the file as of May 23, 2012

The Company held meetings of creditors for the First Lien Notes Claim Class and the Unsecured Claims Class today to vote on the Amended Plan of Compromise and Arrangement dated May 15, 2012. The First Lien Notes Claim Class approved the Amended Plan but the Unsecured Claims Class did not. Details of the vote results are contained in the Monitor's 16th report to the Court dated May 23, 2012 which is posted on this website.

The Company has advised the Monitor that it will commence the Sales and Investor Solicitation Process (the "SISP"), previously approved by the Court, immediately. In the mean time, the Company intends to continue operations consistent with its business plan. The Company's DIP facility remains in place to facilitate continued operations during this sales process.

Status of the File as of May 15, 2012

The Company has amended its Plan of Arrangement (the "Amended Plan"). The Amended Plan will be considered at the Creditor's meetings now scheduled for May 23, 2012.

A summary of the changes incorporated in the Amended Plan follows:

The amount of the New First Lien Notes to be issued to the 2016 Noteholders has been reduced from US$325 million to US$250 million. In addition, the New First Lien Coupon Notes (anticipated to total approximately US$ 44 million) have been eliminated. As a result, the amount of the new senior secured debt of the company will be nearly US$120 million less than proposed in the original plan.
The 2016 Noteholders will also be offered up to 100% of the New Common Shares of the Company compared to 80% in the original plan.
In general, the Unsecured Creditors will be offered cash as opposed to the 20% equity stake in the Company and the warrants offered in the original plan. $2.5 million Convenience Pool will continue to be available to the Convenience Creditors. The 2014 Noteholders and the General Unsecured Creditors will now be entitled to share in 50% of the net proceeds from the sale of the Company's interest in Powell River Energy Inc. and certain related assets (the "PREI Proceeds Pool"). Based on the estimated values contained in the Monitor's 9th report to the Court, the PREI Proceeds Pool could amount to approximately $15.8 million.
Unsecured Creditors will be provided the option to forego their share of the PREI Proceeds Pool in return for a share of up to 4% of the New Common Shares to be issued by the Company.

The Monitor has issued its report on the fairness and reasonableness of the Amended Plan. The Monitor considers the Amended Plan to be fair and reasonable and therefore it recommends that the creditors vote in favour of the Amended Plan.

A copy of the Amended Plan and a blacklined version comparing the Amended Plan to the Plan, has been posted on this website in the Plan of Compromise and Arrangement section. A copy of the Monitor's 15th report dated May 15, 2012 is contained in the Monitor's Report section of this website. Creditors are encouraged to refer to the Amended Plan and the Monitor's 15th Report for further details.

As a result of the amendments to the Plan, there are impacts on the elections that creditors can make as summarized below:

General Unsecured Creditors who made a Cash Election (by reducing their claim to $10,000 for distribution purposes) may choose to retain that election in which case no action is required by them. If they wish to revoke that election so that they may participate in the distribution of the PREI Proceed Pool, they must file a Cash Election Revocation Notice with the Monitor by 5pm (Vancouver time) on May 22, 2012. A copy of the Cash Election Revocation Notice is posted in the Claims and Voting Process sections of this website. By revoking a Cash Election, the creditor is no longer deemed to vote for the Plan so any creditor who decides to revoke its Cash Election will be eligible to vote in person or by proxy at the creditor meetings.
General Unsecured Creditors may still make a Cash Election to participate in the distribution of the $2.5 million Convenience Pool rather than the PREI Proceeds Pool by filing a Cash Election Form no later than 5pm (Vancouver time) on May 22, 2012. Consistent with the original plan, any creditor who makes this election will be deemed to vote in favour of the Amended Plan.
Elections previously made by Convenience Creditors to receive shares rather than participate in the Convenience Pool under the original plan have been cancelled. Previously these creditors were deemed to vote in favour of the plan. Given that their elections have been cancelled, these creditors are now eligible to vote in person or by proxy at the creditor meetings.
If the Amended Plan is approved by the Creditors and the Court, Unsecured Creditors (other than Cash Election Creditors) may elect to forego a cash distribution and receive a pro-rata share of up to 4% of the New Common Shares to be issued by the Company. These elections must be made within 21 days after the Court approves the Amended Plan. If the Amended Plan is approved, an Equity Election Notice will be sent to the Unsecured Creditors.

The process for voting on the Amended Plan remains unchanged even though the creditor meeting date and locations have changed as noted in previous updates. Creditors are entitled to vote in person or by proxy. Any creditor who has previously submitted a proxy need not re-submit their proxy unless they wish to change their voting instructions.

Status of the File as of May 11, 2012

The Creditor Meetings set to vote on the Company's Plan of Arrangement have been further rescheduled. The Creditor Meetings have been delayed and are now scheduled to be held on Wednesday, May 23, 2012. The times have not changed: the Unsecured Creditor Class meeting will be held at 10:00 am and the First Lien Noteholders meeting will be held at 11:00 am. The location has changed to the Westin Wall Centre, Vancouver Airport Hotel, 3099 Corvette Way, Richmond, B.C. Canada.

Proxies of the General Unsecured Creditors can be submitted to the Monitor up to the commencement of their respective Creditors’ Meeting. Noteholders must submit their proxies to Globic Advisors no later than 4:00 pm (EST) Tuesday, May 22, 2012 . Noteholders should consult their participating bank to coordinate the timing for submission of these proxies so they reach Globic Advisors within that timeframe.

In keeping with the previous reporting timelines, the Monitor will issue its report on the fairness and reasonableness of the Plan on or before May 16, 2012, being 7 days prior to the Creditors’ Meetings. The Monitor will file its report with the Court and post a copy of that report on this website. Creditors may wish to consult this report when determining whether to approve the Plan or not.

The Court issued its reasons on the application by five Critical Suppliers to have the Critical Supplier Order rescinded. The Court dismissed the application and the Critical Supplier Order remains in effect.

Status of the File as of May 9, 2012

A court hearing has been scheduled for May 10, 2012 to deal with the following matters:

Certain Critical Suppliers have applied to 1) Extend the Critical Supplier Charge to secure credit provided commencing January 17, 2012 and 2)set aside the Critical Supplier Order. The Monitor has published its thirteenth report to the Court today which addresses this application and includes information on the Company's cash flow in April 2012 and a revised cash flow forecast for the period May 1 to June 30, 2012.
The Company has applied for authorization to defer its annual meeting of shareholders and the approval of the Powell River Property Tax Agreement and the sale of certain lands in Power River, B.C. The Company is also seeking authority to have the proceeds from the sale of the poplar lands directed to the DIP Agent to repay amounts outstanding on the DIP Facility. The Monitor has published its fourteenth report to the court today on these matters which is posted on this website.

Status of the File as of May 8, 2012

The Creditor Meetings set to vote on the Company's Plan of Arrangement have been further rescheduled. The Creditor Meetings have been delayed three days and are now scheduled to be held on Friday May 18, 2012. The times and location have not changed: the Unsecured Creditor Class meeting will be held at 10:00 am and the First Lien Noteholders meeting will be held at 11:00 am at the Delta Vancouver Airport Hotel located at 3500 Cessna Drive, Richmond, B.C. Canada.

Proxies of the General Unsecured Creditors can be submitted to the Monitor up to the commencement of their respective Creditors’ Meeting. Noteholders must submit their proxies to Globic Advisors no later than 4:00 pm (EST) Thursday, May 17, 2012 . Noteholders should consult their participating bank to coordinate the timing for submission of these proxies so they reach Globic Advisors within that timeframe.

In keeping with the previous reporting timelines, the Monitor will issue its report on the fairness and reasonableness of the Plan on or before May 11, 2012, being 7 days prior to the Creditors’ Meetings. The Monitor will file its report with the Court and post a copy of that report on this website. Creditors may wish to consult this report when determining whether to approve the Plan or not.

Status of the File as of May 7, 2012

The Company received the approval of the Court to complete the sale of various Poplar Farms lands. In addition, the Court was advised of the new position taken by the 2016 Noteholders that they believe that their security covers the proceeds of sale of those assets that had previously been identified as excluded assets which would, in effect, give them security over all of the assets of Catalyst. The monitor was directed to note this in its report on the Plan as the Court recognized that this issue would have to be determined at subsequent hearing. Separately, a hearing has been scheduled for Thursday May 10, 2012 as a result of an application by certain Critical Suppliers to have the Critical Supplier Order rescinded.

Status of the file as of May 3, 2012

A court hearing has been scheduled for Monday, May 7, 2012 to deal with the following matters:

The Company has applied for the approval for of two additional sales of the Poplar Farms lands and to amend the approval provided by the Court on April 4, 2012 with respect to a previously approved sale. The Monitor's twelfth report to the Court comments on these sales and is posted on this website;
The Monitor is seeking directions from the Court on whether the 2016 Noteholder security extends to the leases of the Surrey Distribution Center and whether it captures the proceeds from the sale of the Excluded Assets as defined in the 2016 Notes Security. The 2016 Noteholders have recently advised the Monitor of its position that their security does extend to these assets and the Monitor is a determination from the Court on this matter to enable it to properly report to the Court and the Creditors on the fairness and reasonableness of the Company's Plan. In the event that the Court is unable to make a determination with respect to this issue on May 7, 2012, the Monitor seeks directions from the Court on the timing of the release of its report on the Plan which is currently scheduled for release on May 8, 2012; and,
Case management issues with respect to the application by the CSE&P for a determination whether the pension deficit within the Salaried Pension Plan constitutes a deemed trust pursuant to the B.C. Pension Benefits Standards Act and if so, the priority of that trust relative to the 2016 Noteholder security and other charges.

Status of the file as of April 27, 2012

The Monitor has completed its eleventh report dated April 27, 2012 which is now posted on this website. The report was prepared at the request of the Court to outline the status of payments made to certain suppliers who held pre-filing claims as permitted under the Amended and Restated Initial Order. These payments were made primarily to facilitate uninterrupted operations and the restructuring proceedings and further details are contained in the report.

Status of the file as of April 25, 2012

The Meetings of Creditors scheduled for May 2, 2012 have been rescheduled to May 15, 2012. The rescheduled meetings will be held at the same location (Delta Vancouver Airport Hotel, 3500 Cessna Drive, Richmond, B. C. at 10:00 am for the unsecured creditors and 11:00 am for the First Lien Noteholders.

The Court date to sanction and approve the plan of arrangement, subject to the vote of the creditor meetings, has also been rescheduled from May 7, 2012 to May 18, 2012.

The new dates have been set to allow for the Company to consider feedback from its creditors and to advance discussions in order to gain further support for the restructuring.

Creditors should note that proxies need not be filed with their proofs of claim. General Unsecured Creditors may file them prior to the date of the Creditor meeting. The deadline for Noteholders to submit their master proxies to Globic Advisors will now be 4pm (Eastern Time) May 14, 2012. Noteholders should coordinate their submissions in consultation with their participating bank.

In light of the new timeline, the Monitor will issue its report on the fairness and reasonableness of the Plan on or before May 8, 2012 and post it on this website. Creditors may wish to review and consider the Monitor's view on the Plan prior to submitting their proxies or voting at the Creditor's meeting.

Status of the file as of April 19, 2012

The Court granted the Company's application to have the stay of proceedings extended to June 30, 2012. The stay extension was considered necessary as this extra time would be required to allow the creditors to vote on the Plan or in the alternative, to allow the Company time to implement the SISP.

The B.C. Court of Appeal dismissed the application by Koskie Minsky LLP originally filed on March 6 (and subsequently amended), of certain paragraphs within the Amended and Restated Initial Order issued in the CCAA proceedings relating to the priorities of possible pension claims relative to certain Court ordered charges. Koskie Minskly LLP has also filed an application to have the Court determine whether the pension deficit within the Salaried Pension Plan of approximately $115 million would constitute a deemed trust pursuant to the B.C. Pension Benefits Standards Act and the priorities of that deemed trust relative to the 2016 Security and other charges. The Court is scheduled to hear this application on May 7, 2012 in the event that the Company's Plan is not approved by its Creditors.

Status of the file as of April 18, 2012

The Monitor has published its 10th report to the Court today. The report comments on the Company's operations to March 31, 2012 including its cash flow and on the Company's application for an extension of the stay of proceedings. The 10th report also comments on the legal opinion the Monitor received from US counsel on the validity of the 2016 security in the United States.

Status of the file as of April 17, 2012

The Company obtained a court order today that confirmed the re-scheduling of the creditor meetings to May 2, 2012. In addition, the Court adjusted the deadline by which Noteholders must submit their proxies. All Noteholder proxies must be submitted to Globic Advisors no later than 1pm (Pacific Time) on May 1, 2012. This time extension will provide the Noteholders an opportunity to review the Monitor's report on the fairness and reasonableness of the plan of arrangement which will be published no later than April 25, 2012 prior to submitting their proxies. This monitor's report will be posted on this website once published.

The Company will also be making an application to the Court on Thursday April 19, 2012 for an extension of the stay of proceedings which is currently scheduled to expire on April 30, 2012.

Status of the file as of April 16, 2012

The Meetings of Creditors scheduled for April 23, 2012 have been rescheduled to May 2, 2012. The rescheduled meetings will be held at the same location (Delta Vancouver Airport Hotel, 3500 Cessna Drive, Richmond, B. C. at 10:00 am for the unsecured creditors and 11:00 am for the First Lien Noteholders.

The Court date to sanction and approve the plan of arrangement, subject to the vote of the creditor meetings, has also been rescheduled from April 25, 2012 to May 7, 2012.

The new dates have been set to allow for court scheduling issues and to provide the Monitor and Catalyst additional time to complete the review and verification of claims. Claims must still be filed by 5pm (Vancouver time) on Wednesday April 18, 2012.

Creditors should note that proxies need not be filed with their proofs of claim. General Unsecured Creditors may file them prior to the date of the Creditor meeting. Court directions will be sought to amend the deadline for proxies for the Noteholders.

In light of the new timeline, the Monitor will issue its report on the fairness and reasonableness of the Plan on or before April 25, 2012 and post it on this website. Creditors may wish to review and consider the Monitor's view on the Plan prior to submitting their proxies or voting at the Creditor's meeting.

Status of the file as of April 10, 2012

The Monitor is in the process of completing its evaluation of the Company's plan. Some of the key points that must be assessed include a confirmation of whether the security held by the 2016 Noteholders is valid and enforceable and whether sufficient value is being allocated to the unsecured creditors in the plan. Additional points are also being considered by the Monitor. As an interim step, the Monitor has issued its nineth report to the Court dated April 10 that addresses the validity of the security held by the 2016 Noteholders and the Monitor's view of value for the major assets of the Company that are not subject to the security held by the 2016 Noteholders. The Monitor's report has now been posted on this website.

Status of the file as of April 5, 2012

A settlement was reached with a number of the Critical Suppliers who had applied for the rescission of the Critical Suppliers Order and Charge. As a result, the application was adjourned. Details of the settlement are being documented but generally, the Company is to advance $1 million a week to be deposited in a trust fund administered by the Monitor. A minimum of $4 million must be advanced prior to the Creditor Meetings scheduled for April 23, 2012 and the maximum to be advanced will be $12 million. The intent is that the Critical Supplier charge on the property will be replaced by the trust fund as security for the credit extended by the Critical Suppliers.

Status of the file as of April 3, 2012

During the court hearing on April 2, 2012, the Court approved the sale of lands in Washington State and the Stalking Horse Purchase Agreement. The applications by the Critical Suppliers were adjourned until a hearing which has been scheduled for Wednesday April 4, 2012.

Status of the file as of April 2, 2012

A number of court applications are expected to be heard today, April 2, 2012 as follows:

The Company has applied for approval of the form of the Stalking Horse Purchase Agreement
The Company has applied for the approval of the sale of certain lands it owns in Washington State
A number of Critical Suppliers have applied for the rescission of the Court's previous order designating certain suppliers to the Company as Critical Suppliers and amending the CCAA commencement date for the purposes of the Claims procedure.

The Monitor has published its seventh report date March 27, 2012 which includes the Company's revised cash flow forecast and the Monitor's views on the continuation of the Critical Supplier designations. The Monitor has also published its eight report dated April 1, 2012 which addresses the stalking horse purchase agreement, the sale of the Washington State lands and the application by the Critical Suppliers scheduled to be heard on April 2, 2012. These reports are posted in the Monitor's report section of this website.

Status of the file as of March 28, 2012

The claims process has commenced. The monitor is in the process of sending a claims package to all known creditors of the Company. Copies of the documents sent to the creditors can be found in the Claims and Voting Process section of this website.

Creditors who have questions with respect to the claims process are invited to contact the Monitor.

Status of the file as of March 22, 2012

The Court made a number of orders today in response to the Company's applications. In particular, the Court approved:

The Company's proposed claims process
The filing of the Company's plan of arrangement and the process to be undertaken to hold creditors meetings to vote on the plan
The sales and investor solicitation process ("SISP") to be followed in the event that the Company's plan of arrangement is not approved.
The limited lifting of the stay of proceedings to allow the PST appeals to proceed
The Company's application for authority to enter into the agreement for the sale of the Elk Falls Mill assets

The Court recognized the some key concerns raised during the hearings including:

There was significant objection to the proposed provision that the Company could apply to the Court for an order that deemed creditor votes to be recorded as in favour of the plan if the creditor did not vote. This provision was removed from the draft order as the Court refused allow that povision.
It was recognized that the process to circulate the plan, claims and meeting materials, collect and adjudicate the claims and hold the creditor meetings included a very tight timeline. The Court directed that the Monitor carefully monitor the process and seek directions from the Court in the event that there are concerns that support extensions are required.
There was concern that insufficient information regarding the unencumbered assets was available which made it difficult to evaluate whether the plan was fair and reasonable. The court believed that it was important that the creditors were provided this information from the Monitor and was satisfied that the Monitor would report on this issue in a timely fashion.

The Monitor is working on its analysis of the plan and intends to issue information as follows:

A report is expected to be issued on March 30, 2012 regarding the valuation of the excluded assets and the results of a review of the security held by the 2016 Noteholders.
A second report is expected to be issued by April 9 regarding the fairness and reasonableness of the Company's plan of arrangement.

Creditors may wish to review these reports as part of their evaluation of the Company's plan. The reports will be posted on the Monitor's website once they are published.

As a result of the orders made by the Court, claims packages and information packages shall be distributed to the creditors shortly. All creditors must be aware of two critical dates:

April 18, 2012 is the claims bar date - In order for creditors to vote at the creditor meeting or to participate in any distribution from the plan, claims must be submitted to the Monitor by 5pm Vancouver time on this date.
April 23, 2012 is the date on which the creditor meetings are scheduled.

Creditors who have questions with respect to this process are invited to contact the Monitor.

Status of the file as of March 20, 2012

The Monitor has published its fifth report dated March 19, 2012 and its sixth report dated March 20, 2012 and each report deals with different portions of the applications that the Company is making to the Court on Wednesday March 21, 2012. Copies of these reports can be found in the Monitor's reports section of this website.

Status of the file as of March 19, 2012

As noted, previously, the Company has entered into an RSA which forms the basis of its proposed restructuring plan. In furtherance of this restructuring the Company announced today that it had reached new five year labour agreements with unions representing workers at the Crofton, Port Alberni ad Powell River mills that will become effective May 2012. The new agreements call for a 10% reduction in hourly rates along with various adjustments to vacation, health benefits and work rules to improve the Company's cost structure and are expected to provide annual savings of between $18 and $20 million.

The Company has also scheduled a court hearing for Wednesday March 21, 2012 and has applied to the court for the following:

Approval of the process to solicit and receive claims from the Company creditors for both voting and distribution purposes.
Authorization to present its plan of arrangement to the Company's creditors;
Approval of the process to be followed to hold a creditors meeting to consider the plan of arrangement;
Approval of the Information Package (including the Company's management proxy circular) to be provided to creditors outlining the details of the plan and the process to be followed by creditors wishing to vote on the plan.
Approval of a Sale and Investor Solicitation Process to be implemented in the event that the plan of arrangement is not approved.
Approval to enter into an agreement for the sale and demolition of certain assets at the Company's Elk Falls mill
Lifting of the stay of proceedings with respect to certain Provincial Sales Tax appeals.

The Monitor shall be filing its report on these applications shortly but the Company's application materials are posted in the motions materials portion of this website. The Monitor notes that the Company's timelines for the claims process and the creditor meeting are aggressive. The key dates are as follows:

Information packages to creditors on the claims process and the plan are to be sent as soon as possible after court approval
Proofs of claim must be filed no later than April 18 by creditors seeking to vote or receive a distribution under the plan. CLAIMS FILED AFTER APRIL 18 WILL BE FOREVER BARRED AND EXTINGUISHED.
The creditor meetings are scheduled for April 23 and to be held at the Delta Airport Hotel, 3500 Cessna Drive, Vancouver, B.C.. The unsecured creditor meeting is scheduled to commence at 10:00 am and the First Lien Noteholders Meeting is scheduled to commence at 11:00 am.
In the event that the creditor's approve the plan, the Company expects to apply to the court on April 25 for approval of its plan.

The Monitor will be completing its independent review of the Company's plan and will issue a report thereon. The Monitor expects that it will be posted on this website no later than April 16, 2016 so that it is available for the Creditor's review prior to voting on the plan.

Status of the file as of March 12, 2012

As a result of hearings held on Thursday March 8th and Friday March 9, 2012, the Court issued the following orders:

A D&O Charge in the amount of $28.6 million was granted
The Company is permitted to pay costs incurred by Wilmington Trust FSB as trustee for the 2016 Note holders
The KERP was approved and a charge of $8 million was granted against the Notes First Lien Collateral upon the cancellation of the letters of credit that are currently in place to secure the Company's obligations under the KERP.
The engagement of Perella Weinberg Partners LP was approved and a charge granted to secure their compensation against the Notes First Lien Collateral
The PPWC and the CEP became authorized representatives of former members (retirees) who were now entitled to ongoing benefits from the Company
The priority previously granted to the Admin Charge and the DIP charge with respect to certain pension claims was amended. Furthermore, the priority of the 2016 Notes Security was amended to reflect the priorities in place prior to the Initial Order and the Company was permitted to pay certain costs of Koskie Minsky LLP as counsel for the Catalyst Salaried Employees and Pensioners Steering Committee ("CSE&P").

Koskie Minsky LLP has filed an amended Notice of application for leave to appeal certain decisions of Justice Sewell in the B.C. Court of Appeal. The scope of the appeal has been reduced to focus on the following:

the decision not to recognize the CSE&P and its counsel Koskie Minsky LLP as representatives of the non-union employees and retirees of the Company;
the decision to grant the D&O Charge and Critical Supplier Charge (as part of the Amended and Restated Initial Order) a priority over potential pension related claims pursuant to Section 81.5 and 81.6 of the Bankruptcy and Insolvency Act, the deemed trust provisions of the B.C. Pension Benefits Standards Act or resulting from a past or future breach of fiduciary duty.

The Company announced today that it had entered into a Restructuring and Support Agreement ("RSA") with certain holders of the 2016 Notes and the 2014 Notes with respect to a plan of arrangement to be filed in the CCAA proceedings. Further information can be obtained in the Company's press release included on this website and a copy of the RSA can be found on the Company's website, SEDAR and EDGAR.

Status of the file as of March 7, 2012

The Monitor has issued its fourth report to the Court dated March 7, 2012 and a copy is posted in the Monitor's Reports segment of this website. In addition, Koskie Minsky LLP filed a notice of application for leave to appeal certain decisions of Justice Sewell in the B.C. Court of Appeal on March 6, 2012. A copy of this notice is posted in the Motion Materials segment of this website.

Status of file as of March 6, 2012

Applications have been filed in respect of the court hearing scheduled for March 8, 2012. The Company is seeking orders from the court that:

Confirm the D&O Charge
Approve the payment by the Company of costs incurred by Wilminton Trust FSB in its capacity as Trustee relative to the 2016 Notes
Approve the Company's key employment retention plan ("KERP") and provide a charge of $8 million against property consisting of the Notes First Lien Collateral
Approve the engagement of Perella Weinberg Partners LP as financial advisors to the Company and provide a charge for their compensation

A further application is being sought by the Pulp, Paper and Woodworkers of Canada, Local 2 and various locals of the Communications, Energy and Paperworkers' Union for an order naming the respective unions as representatives of persons who were formerly members of the unions and who are no longer employees of the Company (generally former union members who are "retirees").

Separately, the Company was successful in obtaining its recognition order pursuant to Chapter 15 of the United States Bankruptcy Code on March 5, 2012. A copy of the order is posted in the US Court Orders section of this website.

Status of file as of March 5, 2012

Justice Sewell has advised he has decided that the application of Ronal Gary McCaig et al (aka the Koski Minsky application) to be appointed authorized representatives and have Koskie Minsky designated as an Assistant pursuant to paragraph 8(c) of the Amended and Restated Initial Order should be dismissed. Justice Sewell has further advised that he will issue his reasons for this decision as soon as possible.

The next scheduled court hearing is March 8, 2012 at which time, the Company is expected to apply for an extension of the D&O charge. Additional issues may be placed before the court. The notices of application will be posted as soon as they become available. Further, the Monitor expects that it will release its fourth report to the Court in advance of the hearing and it too will be posted as soon as it becomes available.

Status of file as of February 23, 2012

The Company obtained an order from the Court today that extended the $31 million D&O Charge until March 8, 2012 at which time, a further extension will be considered on a de novo basis. As expected, the Company did not proceed with an application for the approval of the KERP, a sale order or confirmation of the engagement of its financial advisor. The Monitor notes that the financial advisor continues to provide service to the Company nevertheless, under the terms of its engagement with the Company.

Koskie Minsky LLP's application to be appointed as representative counsel to the non-unionized employees and former non-unionized employees entitled to retirement benefits from either registered pension plans or unregistered pension or benefit plans was heard by the Court. Various opposition to this application was heard by the Court including counsel for Catalyst TimberWest Retired Salaried Employees Association (the "Association"). By order of the Court on February 7, 2012, the Association had already been authorized to represent the beneficiaries of the Company's Salaried Pension Plan and the Court had Ordered that the Company would pay the costs of its counsel in that regard. During the hearing, counsel for the PPWC and for the CEP advised the Court that they would act as representatives for any former union members who were members of Catalyst Pension plans. Justice Sewell reserved his decision and the timing of his decision is currently unknown. Until Justice Sewell makes his decision, members of the Company's Salaried Pension Plan can contact the Association if they have any questions with respect to the Company's restructuring proceedings and the impact, if any, on the Company's Salaried Pension Plan. The main contact at the Association is Mr. Bill Sharkey who can be reached by email at rsea@shaw.ca or my mail at P.O. Box 19084, 1153 - 56th Street, Delta, B.C. V4L 2P8.

Status of file as of February 21, 2012

On February 14, 2012, the Company advised the Court that it intended to return on February 23, 2012 to seek orders on a number of matters. The Company intends to defer many of the matters scheduled for the February 23, 2012 hearing. A summary of these matters follows:

As the Company and its stakeholders continue discussions, the Company will not be seeking an order to approve an agreement or a sale order as the discussions have not advanced sufficiently;
The Company will seek an extension of the D&O Charge on the same terms as provided in the February 14, 2012 Court Order. Representative counsel for the 2016 note holders has indicated that they will consent to this extension;
The Company will delay its application for the approval of the KERP and the confirmation of its continued engagement of its financial advisors (Perella Weinberg Partners LLP);

The Company has been advised that the application by the Steelworkers International Union ("USW") will not be pursued. However, the application for the appointment of Koskie Minsky LLP as representative counsel for the non-unionized employees and former non-unionized employees entitled to retirement benefits from either registered pension plans or unregistered pension or benefit plans is expected to proceed.

Status of file as of February 14, 2012

A court hearing today was held during which a number of Orders were made. The Orders will be posted on the website as soon as they are available. In summary, however, the Order's included the following:

The stay of proceedings was extended until April 30, 2012
The DIP financing charge and its priority was confirmed
Confirmation that service had been effected in accordance with the terms of the Initial Order
The Company is required to provide notice to the B.C. Superintendent of Pensions confirming that it has made a required normal cost contribution to the pensions plans registered under the Pension Benefits Standards Act.
The Directors and Officer's charge has been continued temporarily until a further hearing on February 23, 2012 when it, along with the Key Employee Retention Plan (the "KERP"), will be reviewed on de novo basis
The application by the Steelworkers International Union (representing certain employees at the Snowflake mill in Arizona) for the creation of a trust fund as security for wages owing has been adjourned until February 23, 2012
Leave was granted to for a motion to be heard on February 23 to have Koskie Minskie LLP appointed as representative counsel for salaried employees and members of the salaried pension plans.

Readers are cautioned that they should consult the Order for specific details.

During the court hearing, the Company advised the judge that it was working diligently to move along the restructuring process as quickly as possible. Further, that it was working with representatives for the 2016 bondholders and the 2014 bondholders and holding discussions with other stakeholders. It planned to return to Court next week with the terms of a restructuring plan and seek permission from the Court to hold a creditor meeting or, in the alternative, seek another Order to advance the restructuring (and it suggested that an order to conduct a sales process was a possibility).

Status of file as of February 13, 2012

Over the weekend, the Company served a Notice of Application for the Comeback Hearing to be held on Tuesday February 14, 2012 supported by the affidavit of Anthony Purgas and the 4th affidavit of Brian Baarda. The purpose of the hearing is to confirm the Initial Amended and Restated Order with some minor modifications and extend the stay of proceedings to April 30, 2012. A further Notice of Application was served by counsel representing the Steelworkers International Union to seek some minor modifications to the Initial Amended and Restated Order and also a requirement that the Company place sufficient monies in trust to provide security for wages owing to members of the Steelworkers International Union. Copies of the notices and the affidavits are included in the Motion Materials section of this website. The Monitor will be issuing a report by the end of Monday February 13 and it will be posted on this website as soon as possible after it is served.

Status of file as of February 8, 2012

The Company obtained an order today from the US Bankruptcy Court that gives full force and effect to the Amended Initial CCAA Order dated February 6, 2012 made by the Supreme Court of British Columbia. In particular, the US Bankruptcy Court confirmed the Canadian Court's authorization of the DIP loan facility, the DIP Charge and the priorities of the various charges ordered by the Canadian Court. For further details, please refer to the materials filed in court and the court Order filed in the US Motion Materials and US Court Order sections of this website.

The Toronto Stock Exchange has determined that the Company's common shares will be de-listed at the close of the market on March 8, 2012 as the Company no longer meets the TSX continued listing requirements due to its financial condition. Trading of the common shares on the TSX will remain suspended. Shareholders with questions regarding this development may contact the Company personnel listed on the Company's press release dated February 8, 2012 and filed in the Press Release section of this website.

Status of file as of February 7, 2012

On February 6, 2012, the Court amended the Initial Order further to provide amended provisions with respect to Critical Suppliers. 16 Critical Suppliers were identified and ordered to supply goods and services on the same terms that existed on January 27, 2012. Each Critical Supplier shall provide trade credit to an amount specific to the Critical Supplier and 16 individual suppliers charges totalling 130% of the credit granted were ordered with each individual supplier charge ranking pari passu with each other. The Critical Suppliers will be entitled to interest on credit granted at the rate of the DIP loan rate plus 2%. The Critical Suppliers were granted leave to apply to the Court after March 11, 2012 to amend or rescind this Order and the four Critical Supplier Groups were entitled to reimbursement of their costs of the Critical Supplier proceedings in the amount of $15,000.

The Monitor also confirms that no claims process has been ordered for this proceeding at this time. Once the Court orders that a claims process be undertaken, creditors will be notified and provided with proofs of claim for submission.

Status of file as of February 3, 2012

On February 3, 2012, the Court approved the DIP Lender charge and authorized draws on the DIP credit facility. The application to permit payments pursuant to the Company's key employee retention program has been adjourned to the comeback hearing scheduled for February 14, 2012. The Company's application for the designation of certain suppliers as Critical Suppliers and a Critical Supplier charge was adjourned until 2pm on Monday February 6, 2012. The Monitor intends to issue a report on the Critical Supplier issue by noon Monday February 6 in advance of the court hearing.

Notice to creditors of the Company have been mailed and a copy is contained in the creditor communication section of this website. All creditors should note that pursuant to the Initial Order made on January 31, 2012, a hearing is scheduled for 9:45 am on Tuesday February 14, 2012 to confirm the Initial Order as amended (the "Comeback Hearing"). Materials to be filed in support of this hearing shall be posted on this website once they become available. Creditors are encouraged to visit this website to obtain current information on the progress of the Company's restructuring process.

Status of file as of February 2, 2012

Concurrent with Canadian proceedings the Company has commenced proceedings under Chapter 15 of the US Bankruptcy Code. An update on those proceeding follows:

The Company commenced its restructuring proceedings in Canada pursuant to the the Canada Business Corporations Act ("CBCA") and sought provisional relief for the US Bankruptcy Court pursuant to Chapter 15 on January 19, 2012. The Canadian proceedings were recognized as foreign main proceedings and a stay of proceeding was ordered.

On January 31, 2011, the company filed an application under the Companies' Creditors Arrangement Act ("CCAA") to change restructuring legislation, and to continue its restructuring under the CCAA. Amended Petitions and Pleadings were filed in the US Court on January 31, 2012, and an Amended Order granting provisional relief in respect of the CCAA proceeding was granted on February 1, 2012.

The stay of proceedings in the United States continues and an application for the Recognition Order has been scheduled for March 5, 2012. Further, another hearing is scheduled for February 8, 2012, during which the Company will seek an Order in aid of enforcement of the Canadian Court Order expected to be made on February 3, 2012.

A copy of all Petitions, Pleadings and Orders can be found under the US Court Orders and US Motion Materials tabs.

Status of file as of February 1, 2012

Notice has now been served for the hearing scheduled for Friday February 3, 2012 at 9:30 am. The Company will be seeking an order that:

amends the initial order dated January 31, 2012 to permit advances to be made pursuant to the DIP facility and activate the DIP Lender's Charge
designates certain suppliers as critical suppliers, creates a suppliers charge and requires those suppliers to supply goods and services to Catalyst on certain terms
approves the payment of certain amounts which may become due and owing pursuant to a retention program for senior executives of the Company Copies of the notice and an affidavit of Bob Lidstrom that lists the proposed critical suppliers is filed under Motion Materials

The Company is also applying today for a Chapter 15 recognition order. Materials will be posted in respect of this application as soon as they are available.

Status of file as of January 31, 2012

On January 31, 2012, Catalyst Paper Corporation et.al. (the "Company") applied for, and received, an initial order pursuant to the CCAA from the Supreme Court of British Columbia which includes, among other points, a stay of proceedings against the Company. A further application is scheduled for Friday February 3, 2012 during which the Company will be seeking an order granting a charge for the DIP financing agreement approved by the court on January 31, 2012, designating certain critical suppliers and creating a charge in favour of these suppliers, and approval for a key employee retention program. A hearing for the extension of the stay period is scheduled for Tuesday February 14, 2012 at 9:45 am.

This Web site will be updated as information becomes available.

For more information, please contact: Patricia Marshall, Telephone: +1 604 806 7070, Fax: +1 604 806 7806, or via Email.