UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT of NEW YORK ------X : Chapter 11 in RE: : : Case No
Total Page:16
File Type:pdf, Size:1020Kb
12-11076-shl Doc 338 Filed 07/20/12 Entered 07/20/12 19:02:05 Main Document Pg 1 of 213 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x : Chapter 11 IN RE: : : Case No. 12-11076 (SHL) ARCAPITA BANK B.S.C.(c), et al., : : Debtors. : Jointly Administered : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss COUNTY OF NASSAU ) I, Donna M. Zeiser, being duly sworn, depose and state: 1. I am a Senior Project Manager with GCG, Inc., the claims and noticing agent for the debtors and debtors-in-possession (the “Debtors”) in the above-captioned proceeding. Our business address is 1985 Marcus Avenue, Suite 200, Lake Success, New York 11042-1013. 2. On July 13, 2012, at the direction of Gibson, Dunn & Crutcher LLP (“Gibson Dunn”), counsel for the Debtors, I caused true and correct copies of the following documents to be served by first class mail on all known creditors and other parties in interest, as set forth below: Notice of (I) Deadlines Requiring Filing of Proofs of Claim on or Before the Bar Date or the Governmental Bar Date and (II) Date, Time and Location of Initial Meeting of Creditors [English and Arabic versions1, collectively, the “Notice”]; and Proof of Claim form (the “Claim Form”). 3. The Notice was sent to all creditors on Schedule D and certain creditors on Schedules E and F of the Debtors’ Schedules of Assets and Liabilities (the “Schedules”), as forth on the service list annexed hereto as Exhibit B, with a Claim Form pre-printed with said creditor’s name, address, claim amount and classification, in addition to the Contingent, Unliquidated or Disputed status (“CUD Status”) of such claim, if applicable. 1 Both versions are annexed hereto as Exhibit A. 12-11076-shl Doc 338 Filed 07/20/12 Entered 07/20/12 19:02:05 Main Document Pg 2 of 213 4. The Notice was sent to certain other creditors on the Schedules identified by the Debtors as investors or employees, which parties’ names and addresses appeared in redacted format on the Schedules to preserve the confidentiality of that information. Accordingly, the Claim Forms sent to those parties were customized with claim amount, classification, and CUD Status, as applicable, but not with a name and address (for mailing purposes, name and address information appeared on a separate sheet of paper which was displayed through a window on the mailing envelope). Those parties are set forth, in redacted format, on the service list annexed hereto as Exhibit C2. 5. The Notice and a Claim Form, pre-printed with the recipient’s name and address, were sent to certain parties in the creditor matrix as set forth on the service list annexed hereto as Exhibit D. 6. The Notice was sent to certain other parties in the creditor matrix, identified by the Debtors as investors or employees, with a Claim Form that was not pre-printed with the recipient’s name and address (for mailing purposes, name and address information appeared on a separate sheet of paper which was displayed through a window on the mailing envelope). The names and addresses of those parties appear in redacted format on the service list annexed hereto as Exhibit E. 7. The Notice and a blank Claim Form were sent to all parties on the Master Service List, which includes all parties that filed a Notice of Appearance, as set forth on the service list annexed hereto as Exhibit F. /s/Donna M. Zeiser Donna M. Zeiser Sworn to before me this 20th day of July, 2012 /s/ Kevin M. Doyle Kevin M. Doyle Notary Public, State of New York No. 02DO6173767 Qualified in Suffolk County Commission Expires September 4, 2015 2 On July 19, 2012, the Notice and a Claim Form were sent to an additional creditor whose address information had not previously been available. That creditor is included in the service list annexed as Exhibit C. 12-11076-shl Doc 338 Filed 07/20/12 Entered 07/20/12 19:02:05 Main Document Pg 3 of 213 EXHIBIT A 12-11076-shl Doc 338 Filed 07/20/12 Entered 07/20/12 19:02:05 Main Document Pg 4 of 213 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------x : IN RE: : Chapter 11 : ARCAPITA BANK B.S.C.(c)., et al., : Case No. 12-11076 (SHL) Debtors. : : Jointly Administered : --------------------------------------------------------------- x NOTICE OF (I) DEADLINES REQUIRING FILING OF PROOFS OF CLAIM ON OR BEFORE THE BAR DATE OR THE GOVERNMENTAL BAR DATE AND (II) DATE, TIME AND LOCATION OF INITIAL MEETING OF CREDITORS TO ALL PERSONS AND ENTITIES WITH CLAIMS AGAINST ANY OF THE DEBTOR ENTITIES LISTED ON PAGE 1 AND 2 OF THIS NOTICE: PLEASE TAKE NOTICE THAT, on July 11, 2012, the United States Bankruptcy Court for the Southern District of New York (the “Court”), having jurisdiction over the chapter 11 cases (the “Chapter 11 Cases”) of Arcapita Bank B.S.C.(c) (“Arcapita”) and certain of its subsidiaries, as debtors and debtors in possession (collectively, the “Debtors” and each, a “Debtor”) entered an order (the “Bar Date Order”) establishing August 30, 2012, at 5:00 p.m. (prevailing U.S. Eastern Time) (the “Bar Date”) as the last date and time for each person or entity (including, without limitation, individuals, partnerships, corporations, joint ventures and trusts, but excluding governmental units (as defined in section 101(27) of the Bankruptcy Code) (“Governmental Units”)) to file a proof of claim (a “Proof of Claim”) based on prepetition claims against any of the Debtors. PLEASE TAKE FURTHER NOTICE THAT the Office of the United States Trustee has scheduled the initial meeting of creditors pursuant to 11 U.S.C. § 341 of the Bankruptcy Code for August 10, 2012 at 11:00 am prevailing U.S. Eastern Time at 80 Broad Street, New York, NY 10004. Pursuant to the Bar Date Order, September 17, 2012, at 5:00 p.m. (prevailing U.S. Eastern Time) (the “Governmental Bar Date”) is the last date and time for each Governmental Unit to file a Proof of Claim based on prepetition claims against any of the Debtors. The Debtors include the following entities: DEBTOR CASE NUMBER Arcapita Bank B.S.C.(c) 12-11076 12-11076-shl Doc 338 Filed 07/20/12 Entered 07/20/12 19:02:05 Main Document Pg 5 of 213 DEBTOR CASE NUMBER Arcapita Investment Holdings 12-11077 Limited Arcapita LT Holdings Limited 12-11078 WindTurbine Holdings Limited 12-11079 AEID II Holdings Limited 12-11080 RailInvest Holdings Limited 12-11081 Falcon Gas Storage Company, Inc. 12-11790 The Bar Date or the Governmental Bar Date, as applicable, and the procedures set forth below for the filing of Proofs of Claim apply to all claims against the Debtors that arose prior to the applicable Petition Date, on which the Debtors commenced their respective Chapter 11 Cases under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”), except for those claims listed in Section 4 below that are specifically excluded from the Bar Date filing requirement. As used herein, “Petition Date” means: (a) with respect to all Debtors other than Falcon Gas Storage Company, Inc. (“Falcon”) and all claims against such Debtors, March 19, 2012; and (b) with respect to Falcon and all claims against Falcon, April 30, 2012. If you have any questions relating to this Notice, please feel free to contact GCG, Inc. (“GCG”), the Debtors’ court-appointed noticing and claims agent, at 1-800-762- 7029 (for Domestic callers) or 1-440-389-7311 (for International callers) or [email protected]. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS, INCLUDING WHETHER YOU SHOULD FILE A PROOF OF CLAIM. NEITHER THE ATTORNEYS FOR THE DEBTORS NOR GCG, THE DEBTORS’ COURT APPOINTED NOTICING AND CLAIMS AGENT, ARE AUTHORIZED TO PROVIDE YOU WITH ANY LEGAL ADVICE. 1. WHO MUST FILE A PROOF OF CLAIM You MUST file a Proof of Claim in order to be eligible to vote on a chapter 11 plan of reorganization filed in the Chapter 11 Cases or to share in any distribution from the Debtors’ estates if you have a claim that arose prior to the applicable Petition Date and it is not one of the other types of claims described in Section 4 below. Claims based on acts or omissions of the Debtors that occurred before the applicable Petition Date must be filed by the Bar Date (or the Governmental Bar Date, if such a claim is held by a Governmental Unit), even if such claims are not now fixed, liquidated or certain or did not mature or become fixed, liquidated or certain before the applicable Petition Date. Pursuant to section 101(5) of the Bankruptcy Code and as used in this Notice, the word “claim” means: (a) a right to payment, whether or not such right is reduced to judgment, 2 12-11076-shl Doc 338 Filed 07/20/12 Entered 07/20/12 19:02:05 Main Document Pg 6 of 213 liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (b) a 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. 2. WHAT TO FILE The Debtors have enclosed a proof of claim form for use in these cases (the “Proof of Claim Form”); if your claim is scheduled by the Debtors, the Proof of Claim Form also sets forth the amount of your claim as scheduled by the Debtors, the specific Debtor against which the claim is scheduled and whether the claim is scheduled as disputed, contingent or unliquidated.