DEBTORS' MOTION TO ESTABLISH SEPT. 21 AS GENERAL BAR DATE
To complete the reorganization process and make distributions under any plan of reorganization, the Debtors require complete and accurate information regarding the nature, validity and amount of all claims that will be asserted in their Chapter 11 cases, Corrine Ball, Esq., at Jones Day, in New York, relates.
Accordingly, to avoid any delay in their reorganization process, the Debtors ask the Court to establish Bar Dates and related claims procedures. Pursuant to Rule 3003(c)(3) of the Federal Rules of Bankruptcy Procedure, the Debtors ask the Court to establish September 21, 2006, as the last day for all creditors, including governmental units, to file prepetition claims. The Debtors propose that they actually will serve the notice of the Bar Dates and the proof of claim form no later than August 7, 2006. If the Debtors amend or supplement their Schedules of Assets and Liabilities after the Service Date, the Debtors propose that they will give notice of any amendment or supplement to the holders of claims affected, including notice of the Amended Schedules Bar Date to file proofs of claim in response to the amendment or supplement to the Schedules.
The Debtors seek that the Amended Schedule Bar Date be established as the later of: (i) the General Bar Date; and (ii) 30 days after the date that notice of the applicable amendment or supplement to the Schedules is served on the claimant.
The Debtors propose that for any claim relating to a Debtor's rejection of executory contracts or unexpired lease pursuant to a Court order entered prior to confirmation of the applicable Debtor's plan of reorganization, the Rejection Bar Date for that claims will be the later of: (i) the General Bar Date; and (ii) 30 days after the entry of the Rejection Order. The Debtors require these persons or entities to file a Proof of Claim on or before the Bar Date:
* Any entity whose claim is listed as disputed, contingent, or unliquidated in the Debtors' Schedules and that desires to participate in any of the Debtors' Chapter 11 cases or share in any distribution in those Chapter 11 cases; or
* Any entity whose claim is improperly classified in the Debtors' Schedules or is listed in an incorrect amount and that desires to have its claim allowed in a classification or amount other than that listed in the Schedules.
Proofs of claim will be deemed filed only when actually received by the Debtors' claim agent, The BMC Group, Inc., on or before the applicable Bar Date. Proofs of claim must be signed, include supporting documentation, be in the English language, and be denominated in United States currency.
Any entity holding an interest in the Debtors do not need to file a proof of interest on or before the General Bar Date. However, Interest Holders who wish to assert claims that relate to the ownership or purchase of an Interest must file proofs of claim on or before the General Bar Date. Pursuant to Bankruptcy Rule 3003(c)(2), any entity that is required to file a proof of claim but fails to timely do so by the applicable Bar Date will be forever barred, estopped and enjoined from:
(a) asserting any claim that:
* exceeds the amount identified in the Schedules as undisputed, non-contingent, and liquidated; or
* is of a different nature, classification or priority than any claim identified in the Schedules; and
(b) participating in any distribution from any Debtor's estate with respect to that Unscheduled Claim.