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Chapter 15 Petition for Recognition of a Foreign Proceeding 12/15

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Chapter 15 Petition for Recognition of a Foreign Proceeding 12/15 _________________________ 19-13096-mew Doc 1 Filed 09/27/19 Entered 09/27/19 12:31:17 Main Document Pg 1 of 154 Fill in this information to Identify the case: United States Bankruptcy Court for the: Southern District of New York Case number (if known): Chapter 15 Li Check if this is an amended filing Official Form 401 Chapter 15 Petition for Recognition of a Foreign Proceeding 12/15 If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write debtor’s name and case number (if known). Stronghold Insurance Company Limited 1. Debtor’s name 2. Debtor’s unique identifier For non-individual debtors: U Federal Employer Identification Number (EIN) — — Other 00736581 . Describe identifier company number For individual debtors: U Social Security number: xxx — xx— U Individual Taxpayer Identification number (ITIN): 9 xx — xx — U Other . Describe identifier 3. Name of foreign representative(s) Dan Yoram Schwarzmann 4. Foreign proceeding in which appointment of the foreign MATTER OF STRONGHOLD INSURANCE COMPANY LIM ITED representative(s) occurred 5. Nature of the foreign proceeding Check one: Foreign main proceeding U Foreign nonmain proceeding U Foreign main proceeding, or in the alternative foreign nonmain proceeding 6. Evidence of the foreign A certified copy, translated into English, of the decision commencing the foreign proceeding and proceeding appointing the foreign representative is attached. U A certificate, translated into English, from the foreign court, affirming the existence of the foreign proceeding and of the appointment of the foreign representative, is attached. Li Other evidence of the existence of the foreign proceeding and of the appointment of the foreign representative is described below, and relevant documentation, translated into English, is attached. 7. Is this the only foreign U No. (Attach a statement identifying each country in which a foreign proceeding by, regarding, or against the proceeding with respect to debtor is pending.) the debtor known to the foreign representative(s)? Yes Official Form 401 Chapter 15 Petition for Recognition of a Foreign Proceeding page 1 ______________________________________________________________________________________________ 19-13096-mew Doc 1 Filed 09/27/19 Entered 09/27/19 12:31:17 Main Document Pg 2 of 154 Debtor Stronghold Insurance Company Limited Case numberurkn,,wn)___________________________ a. Others entitled to notice Attach a list containing the names and addresses of: (I) all persons or bodies authorized to administer foreign proceedings of the debtor, (ii) all parties to litigation pending in the United States in which the debtor is a party at the time of filing of this petition, and (iii) all entities against whom provisional relief is being sought under § 1519 of the Bankruptcy Code. 9. Addresses Country where the debtor has the center of its Debtor’s registered office: main interests: United Kingdom 46 Rose Lane Number Street P.O. Box Norwich NR1 IPN City State/Province/Region ZIP/Postal Code United Kingdom Country Individual debtor’s habitual residence: Address of foreign representative(s): 7 More London Riverside Number Street Number Street P.O. Box P.O. Box London SE1 2RT City State/Province/Region ZIP/Postal Code City State/Province/Region ZIP/Postal Code United Kingdom Country Country 10. Debtor’s website (URL) httos://stronoholdinsco.wordpress.com/home-paoe/ 11. Type of debtor Check one: U Non-individual (check one): Corporation. Attach a corporate ownership statement containing the information described in Fed. R. Bankr. P. 7007.1. U Partnership U Other. Specify: U Individual Official Form 401 Chapter 15 Petition for Recognition of a Foreign Proceeding page 2 19-13096-mew Doc 1 Filed 09/27/19 Entered 09/27/19 12:31:17 Main Document Pg 3 of 154 19-13096-mew Doc 1 Filed 09/27/19 Entered 09/27/19 12:31:17 Main Document Pg 4 of 154 CLIFFORD CHANCE US LLP Jennifer C. DeMarco Sarah N. Campbell 31 West 52nd Street New York, New York 10022 Telephone: (212) 878-8000 Attorneys for the Foreign Representative UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------- x In re: : : Chapter 15 STRONGHOLD INSURANCE : COMPANY LIMITED (in Administration), : Case No. [_________] : Debtor in a Foreign Proceeding.1 : : --------------------------------------------------------- x STATEMENTS OF FOREIGN REPRESENTATIVE REQUIRED BY SECTION 1515(C) OF THE BANKRUPTCY CODE AND RULE 1007(A)(4) OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE Dan Yoram Schwarzmann, in his capacity as the foreign representative (the “Foreign Representative”) of Stronghold Insurance Company Limited (the “Debtor”) as a debtor in administration under English law, pursuant to the Insolvency Act 1986 (the “Foreign Proceeding”) sealed and endorsed by the High Court of Justice, the Business and Property Court of England and Wales (the "English Court"), files this list pursuant to Rule 1007(a)(4) of the Federal Rules of Bankruptcy Procedure, and makes the following statements required by section 1515(c) of title 11 of the United States Code (the “Bankruptcy Code”): 1 Stronghold Insurance Company Limited is incorporated and registered in England and Wales with company number 00736581. The Company has its registered office at 46 Rose Lane, Norwich, NR1 1PN, United Kingdom. 19-13096-mew Doc 1 Filed 09/27/19 Entered 09/27/19 12:31:17 Main Document Pg 5 of 154 A. Statement Required by Section 1515(c) of the Bankruptcy Code The Foreign Representative submits that there is no foreign proceeding with respect to the Debtor known to him other than the Foreign Proceeding. B. Administrators in Foreign Proceeding Concerning the Debtor Dan Yoram Schwarzmann is the only authorized foreign representative in the Foreign Proceeding. The Foreign Representative’s address is as follows: PricewaterhouseCoopers LLP 7 More London Riverside London SE1 2RT C. All Parties to Litigation Pending in the United States in which the Debtor is a Party at the Time of Filing of the Petition Attached as Schedule I is a list of names and addresses of all known parties to litigation pending in the United States in which the Debtor is a party as at the time of filing this chapter 15 case. D. Entities Against Whom Provisional Relief of Sought None. - 2 - 19-13096-mew Doc 1 Filed 09/27/19 Entered 09/27/19 12:31:17 Main Document Pg 6 of 154 Schedule I In compliance with the requirements of Bankruptcy Rule 1007(a)(4)(B), the following is a list of all known parties to litigation pending in the United States in which the debtor, Stronghold Insurance Company Limited, is party at the time of filing this Chapter 15 Petition: 1. Certain Underwriters at Lloyd’s, London et al. v. AT&T, Corp. et al. Supreme Court, County of New York (Justice Cohen), Index No. 653090/2013. PARTY/ENTITY ADDRESS/CONTACT Attorneys for Plaintiffs-Counterclaim Defendants: MENDES & MOUNT, LLP Certain Underwriters at Lloyds, London, Certain Eileen T. McCabe, Esq. London Market Insurance Companies, AIU Insurance Michael F. Buckley, Esq. Company, American Home Assurance Company, Jourdan I. Dozier, Esq. Columbia Casualty Company, Continental Insurance Jenna Bontempi, Esq. Company (for itself and as successor in interest to 750 Seventh Avenue Fidelity& Casualty Company of New York, Harbor New York, New York 10019 Insurance Co. and Pacific Insurance Co.), Granite Tel: 212-261-8000 State Insurance Company, Illinois National Insurance Fax: 212-261-8750 Company, Lexington Insurance Company, National [email protected] Union Fire Insurance Company of Philadelphia, PA, [email protected] OneBeacon America Insurance Company (as successor [email protected] in interest to Employers Liability Insurance Company [email protected] and Employers Surplus Lines Insurance Company), Starr Indemnity & Liability Co. (as successor to Republic Insurance Company), and Stonewall Insurance Company Attorneys for Defendants: AT&T Corp., AT&T Inc., REED SMITH and Nokia of America Corporation (formerly known as Ann V. Kramer, Esq. Alcatel-Lucent USA, Inc.) Douglas C. Rawles, Esq. Lisa A. Szymanski, Esq. Anthony Newman, Esq. 599 Lexington Avenue New York, New York 10022 Tel: 212-205-6057 Fax: 212-521-5450 [email protected] [email protected] [email protected] [email protected] Attorneys for Defendants: Fairmont Premier Insurance STEWART SMITH, LLC Company, North River Insurance Company, TIG Michael J. Smith, Esq. Insurance Company (as successor in interest to Michael Murphy, Esq. International Insurance Company solely with respect to Catherine Begley, Esq. policy numbers 5220361476 and 5220361485, and as 300 Four Falls Corporate Center, Suite 670 successor in interest to Transamerica Insurance 300 Conshohocken State Road Company), U.S. Fire Insurance Company, Everest West Conshohocken, PA 19428 Reinsurance Company, Mt. McKinley Insurance Tel: 212-858-9970 Company Fax: 212-858-9971 [email protected] [email protected] [email protected] Attorneys for Defendant: Federal Insurance Company KENNEDYS CMK Margaret Catalano, Esq. 750342-4-12908-v0.5 US-3000-BF 19-13096-mew Doc 1 Filed 09/27/19 Entered 09/27/19 12:31:17 Main Document Pg 7 of 154 Heather Simpson, Esq. 120 Mountain Boulevard Basking Ridge, New Jersey 07920 Tel: 908-848-6300 Fax: 908-848-6310 [email protected] [email protected] Attorneys for Defendant: Great American Insurance TRESSLER LLP Company Anthony Tessitore, Esq. 744 Broad Street, Suite 1510 Newark,
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