Case 19-12269-CSS Doc 729 Filed 03/11/20 Page 1 of 71 Case 19-12269-CSS Doc 729 Filed 03/11/20 Page 2 of 71
Total Page:16
File Type:pdf, Size:1020Kb
Case 19-12269-CSS Doc 729 Filed 03/11/20 Page 1 of 71 Case 19-12269-CSS Doc 729 Filed 03/11/20 Page 2 of 71 Exhibit A Case 19-12269-CSS Doc 729 Filed 03/11/20 Page 3 of 71 Exhibit A Served Via First-Class Mail Name Attention Address 1 Address 2 City State Zip Glasscock County Interests 280 E. 96th St Ste. 210 Indianapolis IN 46240 IUC Olam Holdings LLC c/o Etienne E. Locoh 43 West 24th Street 10th Floor New York NY 10010 MTE Holdings II LLC 280 E. 96th St Ste. 210 Indianapolis IN 46240 MTE Olam Holdings LLC 24 Smith Road Ste 501A Midland TX 79705 MTE Olam Holdings LLC 280 E. 96th St Ste. 210 Indianapolis IN 46240 MTE Parent LLC 280 E. 96th St. Ste. 210 Indianapolis IN 46240 In re: MTE Holdings LLC, et al. Case No. 19-12269 (CSS) Page 1 of 1 Case 19-12269-CSS Doc 729 Filed 03/11/20 Page 4 of 71 Exhibit B Case 19-12269-CSS Doc 729 Filed 03/11/20 Page 5 of 71 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) In re: ) Chapter 11 ) MTE HOLDINGS LLC, et al.,1 ) Case No. 19-12269 (CSS) ) Debtors. ) Jointly Administered ) TO: ALL KNOWN CREDITORS OF THE FOLLOWING ABOVE-CAPTIONED DEBTOR ENTITIES (COLLECTIVELY, THE “DEBTORS”) On March 3, 2020, the United States Bankruptcy Court for the District of Delaware (the “Court”) entered an order (the “Bar Date Order”) in the Debtors’ above-captioned chapter 11 cases (the “Chapter 11 Cases”) establishing certain claims bar dates. As used in this notice, the term “claim” means, as to or against any of the Debtors and in accordance with section 101(5) of the Bankruptcy Code: (i) any right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured; or (ii) any right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured. THE BAR DATES The Bar Date Order establishes the following bar dates for filing claims in these cases (collectively, the “Bar Dates”): The General Bar Date. Pursuant to the Bar Date Order, except as described below, all persons or entities holding claims (whether secured, unsecured, priority or unsecured nonpriority, including section 503(b)(9) claims) against the Debtors that arose before October 22, 2019 for Debtor MTE Holdings LLC, October 23, 2019 for Debtors Olam Energy Resources I LLC and MTE Partners LLC, and November 8, 2019 for Debtors MDC Energy LLC, MDC Reeves Energy LLC, MDC Texas Operator LLC, and Ward I, LLC (each a “respective Petition Dates”) must file proofs of claim by April 14, 2020 at 11:59 p.m. (prevailing Eastern Time) (the “General Bar Date”). The Governmental Bar Date. Pursuant to the Bar Date Order, except as described below, all governmental units holding claims (whether secured, unsecured, priority or unsecured 1 The Debtors in these Chapter 11 Cases, along with the last four digits of each Debtor’s federal tax identification number, are: MTE Holdings LLC (7894); MTE Partners LLC (1158); Olam Energy Resources I LLC (0770); MDC Energy LLC (9140); MDC Texas Operator LLC (1087); Ward I, LLC (6817); and MDC Reeves Energy LLC (3644). The Debtors’ address is 280 East 96th Street, Suite 210, Indianapolis, Indiana 46240. 1 Case 19-12269-CSS Doc 729 Filed 03/11/20 Page 6 of 71 nonpriority, including section 502(b)(9) claims) against the Debtors that arose before the respective Petition Date must file proofs of claim by May 6, 2020 at 11:59 p.m. (prevailing Eastern Time) (the “Governmental Bar Date”). The Rejection Bar Date. Any person or entity whose claims arise out of the Court-approved rejection of an executory contract or unexpired lease, in accordance with section 365 of the Bankruptcy Code and pursuant to an order entered prior to the confirmation of a plan in the applicable Debtor’s Chapter 11 Case, must file a proof of claim on or before the later of: (i) the General Bar Date; and (ii) 30 days after the entry of the order providing for the rejection of such executory contract or unexpired lease. The later of these dates is referred to in this notice as the “Rejection Bar Date.” The Amended Schedules Bar Date. If, subsequent to the mailing date of this notice, a Debtor amends or supplements its Schedules of Assets and Liabilities (the “Schedules”) to reduce the undisputed, noncontingent and liquidated amount or to change the nature or classification of a claim against a Debtor reflected therein, any affected persons or entities that dispute such changes are required to file a proof of claim or amend any previously filed proof of claim in respect of the amended scheduled claim on or before the later of: (i) the General Bar Date; and (ii) 30 days after the date that notice of the applicable amendment to the Schedules is served on the claimant. The later of these dates is referred to in this notice as the “Amended Schedule Bar Date.” FILING CLAIMS 1. WHO MUST FILE Subject to terms described above for holders of claims subject to the Governmental Bar Date, Rejection Bar Date, and the Amended Schedules Bar Date, the following entities must file proofs of claim, on or before the General Bar Date: a. any person or entity whose claim against a Debtor is not listed in the applicable Debtor’s Schedules or is listed as “contingent,” “unliquidated,” or “disputed,” if such person or entity desires to share in any distribution or vote on any plan in these Chapter 11 Cases; b. any person or entity who believes that its claim is improperly classified in the Schedules or is listed in an incorrect amount and who desires to have its claim allowed in a different classification or amount other than that identified in the Schedules; c. any person or entity who believes that its prepetition claim as listed in the Schedules is not an obligation of the specific Debtor against which the claim is listed and that desires to have its claim allowed against a Debtor other than that identified in the Schedules; d. any person or entity who believes that its claim against a Debtor is or may be entitled to priority under section 503(b)(9) of the Bankruptcy Code. 2 Case 19-12269-CSS Doc 729 Filed 03/11/20 Page 7 of 71 2. WHAT TO FILE Parties asserting claims against the Debtors that arose before the respective Petition Date, including section 503(b)(9) claims, must use the copy of the proof of claim form (the “Proof of Claim Form”) included with this notice. Additional copies of the Proof of Claim Forms may be obtained at https://cases.stretto.com/MTE/file-a-claim/. 3. FILING REQUIREMENTS Persons and entities must file each Proof of Claim Form so it is received on or before the applicable Bar Dates at the following address: If by First-Class Mail: MTE Holdings Claims Processing c/o Stretto 410 Exchange, Suite 100 Irvine, CA 92602 If by Hand Delivery, Courier Service, or Overnight Mail: MTE Holdings Claims Processing c/o Stretto 410 Exchange, Suite 100 Irvine, CA 92602 Additionally, persons and entities submitting a Proof of Claim Form may file it electronically using the interface available on Stretto’s website at: https://cases.stretto.com/MTE/file-a-claim/ Each Proof of Claim shall comply with the below requirements: a. Contents. Each proof of claim must: (i) be written in English; (ii) include a claim amount denominated in United States dollars; (iii) conform substantially with the Proof of Claim Form provided by the Debtors; and (iv) be signed by the claimant or by an authorized agent or legal representative of the claimant. b. Section 503(b)(9) Claim. Any proof of claim asserting a claim entitled to priority under section 503(b)(9) must also: (i) include the value of the goods delivered to and received by the Debtors in the 20 days prior to the respective Petition Date; (ii) attach any documentation identifying the particular invoices for which the 503(b)(9) claim is being asserted; and (iii) attach documentation of any reclamation demand made to the Debtors under section 546(c) of the Bankruptcy Code (if applicable). 3 Case 19-12269-CSS Doc 729 Filed 03/11/20 Page 8 of 71 c. Original Signatures Required. Only original proofs of claim may be deemed acceptable for purposes of claims administration. Copies of proofs of claim or proofs of claim sent by facsimile or electronic mail will not be accepted. d. Identification of the Debtor Entity. Each proof of claim must clearly identify the Debtor against which a claim is asserted, including the individual Debtor’s case number. A proof of claim filed under the joint administration case number (No. 19-12269 (CSS)), or otherwise without identifying a specific Debtor, will be deemed as filed only against Debtor MDC Energy LLC. e. Claim Against Multiple Debtor Entities. Each proof of claim must state a claim against only one Debtor and clearly indicate the Debtor against which the claim is asserted. To the extent that more than one Debtor is listed on the proof of claim, such claim may be treated as if filed only against the first-listed Debtor. f. Supporting Documentation.