Fraser Papers Inc. and Subsidiaries

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CCAA Filing Information

Page last updated: October 30, 2009

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 file as of October 26, 2009

  • On June 18, 2009, Fraser Papers Inc. and all its subsidiaries ("the Companies") filed for protection from its creditors under the Companies' Creditors Arrangement Act ("CCAA") (the "Filing"). The Filing will provide the stability needed to enable the Companies to undertake the necessary steps to ensure the future viability of the Companies.

    PricewaterhouseCoopers Inc. has been appointed as monitor ("the Monitor") pursuant to the CCAA proceedings. A copy of the Initial Order of the Canadian Court is available below, as amended.

    The Companies also filed for protection pursuant to Chapter 15 of the US Bankruptcy Code in the United States, which gives the US entities bankruptcy protection in the US and recognizes the CCAA filing in Canada as the primary filing. Copies of the Chapter 15 material are available below.

    The Companies have not filed a plan of arrangement. A claims process has now been established. The claims bar date was September 30, 2009, except in respect of employee and former employee related claims, as noted below, where the claims bar date is October 30, 2009.
     
  • Status as of October 22, 2009
    On October 22, 2009, the Court issued an Order approving an extension of the Stay Period from October 23, 2009 to December 4, 2009.

    The Court also issued orders with respect to representative legal counsel appointed to represent the current members and former members of the CEP, USW and all other current and former employees. The claims bar date for all employee related claims was also extended to October 30, 2009.  
  • Status as of October 21, 2009
    On October 20, 2009, the Monitor filed its Fifth Report to Court in support of the Applicants’ request for an extension of the Stay of Proceedings and to provide the court with updates on various matters.
     
  • Status as of October 13, 2009
    On October 9, 2009, the Court issued an Order approving an extension of the Stay Period from October 15, 2009 to October 23, 2009 – this order was necessary due to the judge not sitting in the week of October 13 to 16.
     
  • Status as of September 17, 2009
    On September 17, 2009, the Court issued an Order appointing Davies Ward Phillips and Vineberg (“Davies”) as representative counsel for employees, former employees and beneficiaries not otherwise represented. A copy of this order is attached below and more information can be obtained from Davies’ web site. Current and former employees who are/were members of a union are being represented by their respective unions’ legal counsel and are therefore not being represented by Davies.

    The Applicants and the Monitor agreed to extend the Claims Bar Date as it relates only to Claims asserted by, or on behalf of, current and former employees against the Applicants or the Directors to October 23, 2009. The Applicants and the Monitor are recommending that the Court grant a further extension of the Claims Bar Date for those types of Claims only, to October 30, 2009. The Claims Bar Date of September 30, 2009 continues to apply in respect of all other Claims, and has now expired.”
     
  • [September 10, 2009]
    On September 8, 2009, the Court issued an Order approving i) the process for the determination of the value of the SERP participants’ claims; and ii) amending the Initial Order and Claims Order.
     
  • [September 9, 2009]
    On September 3, 2009, the Monitor filed its Fourth Report to Court, in support of the Applicants’ motion dated September 8, 2009, to provide the Court with information pertaining to the (i) requests for appointment of representative counsel for unrepresented employees and retirees (ii) the process for determination of the value of SERP participants’ claims; (iii) status of the Applicants’ operations; and (iv) requests for amendments to the Initial Order and Claims Order.
     
  • [August 7, 2009]
    On August 7, 2009, the Monitor sent to each known creditor of the Applicants a Proof of Claim Package. If you believe that you have a Claim against any or all of the Applicants and/or its current or former Directors you must file a Proof of Claim form with the Monitor. All Proofs of Claim for Claims arising prior to June 18, 2009 must be received by the Monitor before 5:00 pm (Eastern Standard Time) on September 30, 2009 (the “Claims Bar Date”), unless the Monitor and the Applicants agree in writing or the Court orders that the Proof of Claim be accepted after that date. All Proofs of Claim for Restructuring Claims, arising out of the restructuring, repudiation or termination after June 18, 2009 of any contract, lease or other agreement, whether oral or written, by any of the Applicants must be received by the Monitor before 5:00 p.m. (Eastern Standard Time) on the date which is the earlier of thirty (30) calendar days after the event giving rise to the Restructuring Claim or seven (7) calendar days prior to the date fixed by the Court for voting upon a Plan (the “Restructuring Claims Bar Date”).

    Proofs of Claim must be received by the Monitor by the Claims Bar Date or the Restructuring Claims Bar Date or your claim will be forever barred and extinguished and you will not be entitled to participate in any Plan.
     
  • [July 16, 2009]
    On July 15, 2009, the Court approved an Order approving a extension of the Stay Period and approving the claims process.

    The Monitor mailed Proof of Claim Document Packages to all known creditors of the Applicants'

    For companies that had a claim against the Applicants a process was established to submit their claims and the Claims Bar Date (September 30, 2009) has now passed and all other claims are now barred and extinguished forever.
     
  • [July 14, 2009]
    On July 14, 2009, the Monitor filed its Third Report to Court to provide the Court with information pertaining to the Applicants' operations during the Stay Period, the Applicants' proposed claims process, the Monitor's activities during the Stay Period and to support the extension of the Stay.
     
  • [July 8, 2009]
    The Applicants intend to seek an extension of the stay of proceedings as well as approval for a claims process at a hearing on July 15, 2009.
     
  • [June 30, 2009]
    On June 30, 2009, Madam Justice Pepall issued an order prohibiting the Applicants to make past service contributions or special payments in respect of its pension plans, in addition to other requested relief.
     
  • [June 18, 2009]
    The Companies obtained Stays of Proceedings.
     

This Web site will be updated as information becomes available.

For more information, please contact: Jonathan Zidel.

CCAA:

Service List:

If you would like to be added to the service list, you must provide the following:

  • Counsel name, address and email address
  • Telephone Number
  • Fax Number
  • Name of party being represented

78 KB Service List as of October 19, 2009

Canadian Court Orders:

78 KB Justice Pepall Order - USW, October 22, 2009
78 KB Justice Pepall Order - CEP Union, Caleywray Counsel, September 17, 2009
78 KB Order extending Stay Period to December 4, 2009 and amending Claims Order with Endorsement of Madam Justice Pepall
78 KB Order appointing Davies Ward Phillips & Vineberg LLP
78 KB Order extending Stay Period to October 23, 2009
78 KB Justice Pepall Order, dated September 8, 2009.
78 KB Order extending Stay Period and Amendments to Initial Order and Justice Pepall Endorsement, dated July 15, 2009.
78 KB Claims Order, dated July 15, 2009.
78 KB Justice Pepall Pension Order dated June 30, 2009 & Reasons for Decision dated July 16, 2009.
78 KB Initial Order dated June 18, 2009 and Justice Morawetz Endorsement dated June 22, 2009.

Representative Counsel Motions:

78 KB Order appointing Davies Ward Phillips & Vineberg as certain employees’ representative
78 KB Order confirming the USW’s representation of its members and retirees
78 KB Order confirming the CEP’s representation of its members and retirees

Monitor Reports:

78 KB Monitor’s Fifth Report to the Court, dated October 20, 2009.
78 KB Monitor's Fourth Report to the Court, dated September 3, 2009.
78 KB Monitor's Third Report to the Court, dated July 14, 2009.
78 KB Appendix 1 of 2 to the Monitor's Third Report
78 KB Appendix 2 of 2 to the Monitor's Third Report
78 KB Monitor's Second Report to the Court, dated June 25, 2009.
78 KB Pre-Filing Proposed Monitor's Report, dated June 18, 2009.

Statutory Notices:

78 KB Notice to Creditors, dated June 25, 2009.

Canadian Court Motion Materials:

78 KB Notice of Motion, returnable October 22, 2009 and Affidavit of J. Peter Gordon sworn October 19, 2009
78 KB October 9, 2009 Notice of Motion, returnable October 9, 2009
78 KB September 1, 2009 Motion Record, Part 1, returnable September 8, 2009
78 KB September 1, 2009 Motion Record, Part 2, returnable September 8, 2009
78 KB July 15, 2009 Notice of Motion
78 KB Affidavit of J. Peter Gordon, sworn July 14, 2009.
78 KB June 26, 2009 Amended Notice of Motion re Pensions
78 KB June 26, 2009 Motion — Exhibits "A" to "F".
78 KB June 26, 2009 Motion — Exhibits "G" to "M"
78 KB Initial Hearing — Part 1, dated June 18, 2009.
78 KB Initial Hearing — Part 2, dated June 18, 2009.
78 KB Affidavit of J. Peter Gordon, dated June 18, 2009.

Claims Procedure:

All proofs of claims should be completed and filed in accordance with the Canadian claims process. No claims will be reviewed under the US Chapter 15 proceedings.

78 KB Claims Order
78 KB Notice to Creditors (Publication)
78 KB Creditor Proof of Claim Package
78 KB Employee Proof of Claim Package
78 KB SERP Proof of Claim Package
78 KB Proof of Claim Form
78 KB Notice of Dispute

Chapter 15 Material:

US Court Orders:

78 KB Order Recognizing Canadian Claims Order, dated August 5, 2009.
78 KB Order Recognizing Initial Order Amended and Restated, dated August 3, 2009.
78 KB Order Granting Recognition and Relief, dated July 13, 2009.
78 KB Order for Preliminary Injunction, dated June 26, 2009.
78 KB US Chapter 15 TRO, dated June 19, 2009.
78 KB Fraser Initial Notice, dated June 19, 2009
78 KB Fraser Timber Ltd. Petition
78 KB Fraser Papers Limited Petition
78 KB Fraser Papers Inc. Petition
78 KB Fraser Papers Holdings Inc. Petition
78 KB Fraser N.H. LLC Petition
78 KB FPS Canada Inc. Petition
78 KB Statement of Foreign Representative
78 KB Motion for Recognition & Injunctive Relief
78 KB Memorandum in Support of Recognition & Injunctive Relief
78 KB Consolidated Rule 1007 List
78 KB J. Peter Gordon Declaration without Exhibits
78 KB Scheduling Notice Order

Press Releases:


78 KB Further Extension of CCAA Protection, dated October 22, 2009.
78 KB Credits Allocated under Federal Green Transformation Program, dated October 13, 2009.
78 KB Account Representative for Specialty Packaging, dated October 7, 2009.
78 KB Restart of Edmundston Pulp Mill, dated August 11, 2009.
78 KB Extension of CCAA Protection, dated July 15, 2009.
78 KB Confirmation of delist, dated June 22, 2009.
78 KB CCAA filing, dated June 18, 2009.

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