  
|
||||||||||||||||||||||||||||||
 |
||||||||||||||||||||||||||||||
  
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
  
 
|
|
NEWS
ACTIVE CASES The Court-Appointed Interim Receivership of Bridgeline Ropes Inc. On March 11, 2008, Bridgeline Ropes Inc. ("Bridgeline" or the "Company") filed a Notice of Intention to Make a Proposal pursuant to Section 50.4 of the Bankruptcy and Insolvency Act ("BIA"). A. Farber & Partners Inc. ("Farber") was appointed Trustee in the Proposal of the Company. On April 10, 2008 the Company obtained Court approval to extend the time to file its Proposal to May 26, 2008. On May 26, 2008 the Company obtained a second extension of time to file its Proposal to July 10, 2008. In addition, by an Order of the Honourable Madam Justice Hoy (the "Order"), dated May 26, 2008, Farber was appointed as Interim Receiver of all of Bridgeline’s current and future assets, undertaking and properties of every nature and kind whatsoever, and wherever situate including all proceeds thereof with authority limited to the provisions of the Order. For greater certainty, the Interim Receiver has been appointed for the limited purpose of conducting a sale and marketing process. The Interim Receiver shall not take possession or control of the property of the Company nor shall the Interim Receiver manage or operate the business and undertaking of the Company. The purpose of this website is to provide documents to any interested persons regarding the Proposal and Interim Receivership of the Company. The documents listed below are in .pdf format and can be viewed and/or downloaded. Notice of Intention to Make a Proposal Orders
Sale Documents
Reports
Motion Materials
Court-Appointed Interim Receivership and Proposal of Claybrooke Retail Connect Inc. On February 26, 2008 Claybrooke Retail Connect Inc. ("CRC" or the "Company") filed a Notice of Intention to make a Proposal under Section 50.4 of the Bankruptcy and Insolvency Act. A. Farber & Partners Inc. ("Farber") was appointed as Trustee in the Proposal (the "Proposal Trustee") of the Company. On March 7, 2008, Farber issued its First Report of the Proposal Trustee. By Order of the Honourable Mr. Justice Lederman dated March 14, 2008 (the "Appointment Order"), Farber was also appointed interim receiver (the "Receiver") of all of the current and future assets, undertakings and properties of every nature and kind whatsoever, and wherever situate including all proceeds thereof. Pursuant to section 9 of the Appointment Order the Receiver was authorized and directed to consolidate CRC’s inventory in accordance with the Proposal Trustee’s Report prior to determining the various claims asserted against these assets. Pursuant to the Approval and Vesting Order, also dated March 14, 2008, the Receiver was authorized to complete an asset purchase agreement for all of CRC’s racking with Entertainment One Limited Partnership. CRC failed to file a Proposal on or before March 27, 2008, resulting in the Company deemed to have made an assignment in bankruptcy on March 28, 2008. Farber was appointed as Trustee (the "Bankruptcy Trustee") of the Estate of the Bankrupt by the Official Receiver, subject to affirmation by the creditors of the Trustee's appointment or substitution of another Trustee by the creditors. The first meeting of creditors of the estate of the bankrupt was held on April 18, 2008, at which the appointment of Farber as Bankruptcy Trustee was affirmed. On April 25, 2008, by Order of the Honourable Madam Justice Hoy, all creditors and other claimants who wish to assert claims against CRC or against assets in which CRC or the Receiver have an interest, are required to file a completed proof of claim no later than May 30, 2008 (the "Claims Bar Date"). If creditors and other claimants fail to file a proof of claim by the Claims Bar Date, any and all claims which they may have will be forever barred and they will not have the right to assert any claim against CRC, its assets, or the Receiver. For further particulars on the claims process, please see Claims Bar Notice and Court Orders dated March 14, 2008 and April 25, 2008. The purpose of this website is to provide documents to any interested persons regarding the Proposal of the Company. The documents listed below are in .pdf format and can be viewed and/or downloaded. Orders Notices The Court-Appointed Interim Receivership of ICW Logistics Services Inc. On March 31, 2008, ICW Logistics Services Inc. (the "Company") filed a Notice of Intention to Make a Proposal pursuant to Section 50.4 of the Bankruptcy and Insolvency Act ("BIA"). A. Farber & Partners Inc. ("Farber") was appointed Trustee in the Proposal of the Company. In addition, by an Order made by the Honourable Mr. Justice Cumming of the Ontario Superior Court of Justice (Commercial List) dated April 16, 2008 (the "Order"), Farber was also appointed as Interim Receiver of all of the Company's current and future assets, undertaking and properties of every nature and kind whatsoever, and wherever situate including all proceeds thereof (the "Property") with authority limited to the provisions of the Order, and for greater certainty not to manage or operate the business of the Company without further order of the Court. The Interim Receiver has been authorized to market and sell the Property of the Company pursuant to a court approved sales process. The purpose of this website is to provide documents to any interested persons regarding the Proposal and Interim Receivership of the Company. The documents listed below are in .pdf format and can be viewed and/or downloaded. Sales Process Orders The Court-Appointed Interim Receivership of Lofthouse Brass Manufacturing Limited On April 1, 2008, Lofthouse Brass Manufacturing Limited ("Lofthouse" or the "Company") filed a Notice of Intention to Make a Proposal pursuant to Section 50.4 of the Bankruptcy and Insolvency Act ("BIA"). A. Farber & Partners Inc. ("Farber") was appointed Trustee in the Proposal of the Company. In addition, by an Order of Registrar Nettie dated April 11, 2008 (the "Order"), Farber was also appointed as Interim Receiver of all of the Company's current and future assets, undertaking and properties of every nature and kind whatsoever, and wherever situate including all proceeds thereof (the "Property") with authority limited to the provisions of the Order, and for greater certainty not to manage or operate the business of the Company without further order of the Court. The Interim Receiver has been authorized to market and sell the Property of the Company pursuant to a court approved sales process. The purpose of this website is to provide documents to any interested persons regarding the Proposal and Interim Receivership of the Company. The documents listed below are in .pdf format and can be viewed and/or downloaded. Orders
Sales Process
TNG Services Inc., formerly known as NexInnovations Inc On April 8, 2008, TNG Services Inc. (the "Company") was deemed bankrupt pursuant to an Order of the Court and A. Farber & Partners Inc. (the "Trustee") was named as the Trustee in Bankruptcy. TNG was a computer hardware vendor and service support company with its head office in Mississauga, Ontario. CCAA #1: CCAA #2: Bankruptcy: The First Meeting of Creditors is scheduled for May 15, 2008 at 10:00 a.m. Toronto time and will be held in the Algonquin "A" Room at the Stage West Hotel & Theatre Restaurant, 5400 Dixie Road, Mississauga, Ontario. In order to participate in the First Meeting of Creditors, creditors will have to complete the attached Proof of Claim and return it, along with a Schedule A supporting the claim, to the Trustee at: A. Farber & Partners Inc. Employee Claims Interim dividends will be paid to the creditors that have filed a valid proof of claim with the appropriate support after the Trustee has run the claims validation process. More information on the claims validation process and timing thereof will be available at the First Meeting of Creditors. Notices Orders
Court Appointed Sales Agent of Minute Muffler Group Pursuant to the Order of the Honourable Mr. Justice Hawco entered March 25, 2008 (the "Receivership Order"), Alger & Associates Inc. was appointed as the Interim Receiver and Receiver and Manager (the "Receiver") and A. Farber & Partners Inc. was appointed as Sales Agent ("Sales Agent") of all the current and future assets, undertakings and properties of every nature and kind whatsoever, and wherever situate of the companies comprising the Minute Muffler Group (the "Property"). Minute Muffler franchised a chain of muffler and related automotive repair shops. There are currently approximately 91 franchised locations across Canada operating under the brand "Minute Muffler Brake". The Sales Agent has sold the Property for sale subject to an April 11, 2008 Order of the Court . Any creditor or franchisee queries or matters relating to the day-to-day business operations of Minute Muffler should be directed to the Receiver, Alger & Associates Inc. Attention: Mr. Ron Nordstrom at (780) 442.1989 or by email to rnordstrom@alger.ca The purpose of this website is to provide documents to any interested persons regarding the Interim Receivership of the Minute Muffler Group. The documents listed below are in .pdf format and can be viewed and/or downloaded. Notices Orders Court Material The Court-Appointed Interim Receivership of Universal Mould & Die Co. Ltd. On October 25, 2007, Universal Mould & Die Co. Ltd. ("Universal" or the "Company") filed a Notice of Intention to Make a Proposal pursuant to Section 50.4 of the Bankruptcy and Insolvency Act ("BIA"). A. Farber & Partners Inc. ("Farber") was appointed Trustee in the Proposal of the Company. In addition, by an Order of the Honourable Mr. Justice Spence (the "Order") dated November 19, 2007, Farber was also appointed as Interim Receiver of all of Universal's current and future assets, undertaking and properties of every nature and kind whatsoever, and wherever situate including all proceeds thereof (the "Property") with authority limited to the provisions of the Order, and for greater certainty not to manage or operate the business and undertaking of the Company without further order of the Court. The Interim Receiver has been appointed to market and sell the Property, including advertising and soliciting offers in respect of the Property and to negotiate such terms and conditions of sale. The Interim Receiver shall not take possession or control of the Property nor shall the Interim Receiver manage or operate the business and undertaking of the Company. The purpose of this website is to provide documents to any interested persons regarding the Proposal and Interim Receivership of the Company. The documents listed below are in .pdf format and can be viewed and/or downloaded. Orders Sales Documents Court Appointed Interim Receiver of Vivacorp Properties Inc., et al. Pursuant to the Order of the Honourable Mr. Justice Lederman dated November 1, 2007 (the "Initial Order), Farber was appointed as Interim Receiver of all the current and future assets, undertakings and properties of every nature and kind whatsoever, and wherever situate of VivaCorp Properties Inc. and the related companies named as Respondents in the Initial Order that were subject to the security of CitiCapital Commercial Corporation. The Respondents owned and operated nine retail gas stations in Ontario and one in Glace Bay, Nova Scotia. In addition, there was one piece of land in Beeton Ontario that was held for future development into a gas station. The Initial Order terminated the employment of all the employees, so the stations were shut down as a result of the Initial Order. The Interim Receiver has sold the Properties and is completing the administration of the estate. The secured creditors will incur a shortfall on their security so there will be no funds available for distribution to the employees , suppliers or any unsecured creditors of VivaCorp Properties Inc., et al. The Interim Receiver has sold the Properties and is completing the administration of the estate. The secured creditors will incur a shortfall on their security so there will be no funds available for distribution to the employees or vendors of VivaCorp Properties Inc., et al. Queries about VivaCorp et al may be directed to John Hendriks at 416-496-3701 or by email to jhendriks@afarber.com. The purpose of this website is to provide information and documents to any interested persons regarding the Interim Receivership of the Company. The documents listed below are in .pdf format and can be viewed and/or downloaded. Notices Orders
Court Material
The Court Appointed Receiver and Trustee in Bankruptcy of Penta Farm Systems Ltd. ("Penta Farm") and Penta One Limited ("Penta One") (collectively "the Companies") Penta One and Penta Farm filed voluntary assignments in bankruptcy on June 8, 2007. At the first meeting of creditors held on June 27, 2007, the creditors of the Companies substituted and appointed A. Farber & Partners Inc. ("Farbers" or "Trustee") as trustee in bankruptcy of the estates of the Companies. Pursuant to the Order of the Honourable Mr. Justice Heeney of the Superior Court of Justice (Ontario) dated August 1, 2007, Farbers was appointed receiver and manager of the property and assets of the Companies. Pursuant to the Order of the Honourable Mr. Justice Jenkins of the Superior Court of Justice (Ontario) dated September 11, 2007, Farbers was also appointed receiver and manager of the property and assets of Penta TMR Incorporated ("TMR"). The Order in respect of TMR was subsequently rescinded by Mr. Justice Tausendfreund of the Superior Court of Justice (Ontario) at a hearing held on September 24, 2007, which also resulted in the Court approving the sale of the property and assets of the Companies. TMR and another numbered company then purchased the property and assets of Penta Farm and Penta One, except for a single property comprising land and buildings. It should be noted that TMR is free to continue its business activities and is not the subject of any proceedings under the Bankruptcy and Insolvency Act. The purpose of this website address is to provide documents to any interested persons regarding the Receiverships and Bankruptcies. The documents listed below are in PDF format and can be viewed and downloaded. Court Materials
Brute Manufacturing Limited - CCAA Proceedings On October 18th, 2007, Brute Manufacturing Limited ("Brute") sought relief under the Companies' Creditors Arrangement Act R.S.C. 1985, C-36 as amended ("CCAA"), with an order granted by the Ontario Superior Court of Justice (the " Initial Order"). Pursuant to the Initial Order, A. Farber & Partners Inc. was appointed Monitor. The Initial Order provided a 30-day stay over all creditor claims, staying all amounts outstanding effective October 17th, 2007 (i.e. all amounts outstanding at October 17, 2007 and prior). The second order dated November 15, 2007 extended the stay period to February 29, 2008. Brute has recently found itself constrained from a working capital perspective and facing a liquidity problem. The relief under the CCAA provides Brute with the stability and flexibility to allow it to attempt to affect a refinancing for the benefit of all stakeholders. Brute continues to be supported by its primary lenders, who have provided additional Debtor-in-Possession financing to allow operations to continue during the proceedings. Brute remains a fundamentally good business, with high quality products, profitable margins and great customers in strong market sectors. Management, in concert with its advisors and the Monitor, intend to work as expeditiously as possible to affect a refinancing and finalize a Plan of Arrangement under the CCAA, for the benefit of all stakeholders. A further extension of the CCAA stay period was granted by the Court to June 30, 2008. In the Monitor's Fourth Report dated April 7, 2008, a material adverse event has been reported. Both Brute and the Monitor have been in discussions with the DIP Lenders and a major customer to negotiate additional funding, to attempt to ensure no undue interruption to the business, while the refinancing recapitalization process is conducted. Those discussions are ongoing. Please review the Fourth Report below. A further extension of the CCAA Stay to August 31, 2008 is being sought by Brute on June 27, 2008 to allow a sales process to be completed. The motion materials below dated June 27, 2008 and Monitor's 5th Report set out the details of the proposed sales process, on which Brute is seeking the Courts approval. These materials confirm an Asset Purchase Agreement ("APA") has been negotiated with a party, which is in the form of a stalking horse bid. Please review the materials for an explanation of the sales process contemplated. The purpose of this website is to provide documents to any interested party regarding Brute's CCAA proceedings. The documents listed below are in PDF format and can be viewed and/or downloaded. It is confirmed that effective June 27, 2008 the Court has approved an extension of the CCAA Stay for Brute to August 15, 2008 and that the Court has approved the Sales Process as set out in the motion materials and Monitor’s 5th Report. Court Orders
Court Motion Material
Reports
The Court-Appointed Interim Receivership of Steelbank Tubular Inc. On September 18, 2007, Steelbank Tubular Inc. ("Steelbank" or the "Company") filed a Notice of Intention to Make a Proposal pursuant to Section 50.4 of the Bankruptcy and Insolvency Act ("BIA"). A. Farber & Partners Inc. ("Farber") was appointed Trustee in the Proposal of the Company. In addition, by an Order of the Honourable Mr. Justice Siegel (the "Order"), dated September 19, 2007, Farber was also appointed as Interim Receiver of all of Steelbank's current and future assets, undertaking and properties of every nature and kind whatsoever, and wherever situate including all proceeds thereof with authority limited to the provisions of the Order. For greater certainty the Interim Receiver has been appointed for the limited purpose of conducting an expedited sale and marketing process. The Interim Receiver shall not to take possession or control of the property of the Company nor shall the Interim Receiver manage or operate the business and undertaking of the Company. The purpose of this website is to provide documents to any interested persons regarding the Proposal and Interim Receivership of the Company. The documents listed below are in .pdf format and can be viewed and/or downloaded. Reports
Notice of Intention to Make a Proposal Orders Sale Documents
Fedders, Inc., its US parent, Fedders North America, Inc. and the US Affiliates and Subsidiaries1 (collectively, the "Applicants") are restructuring and have filed for protection in the United States under Chapter 11 of the United States Bankruptcy Code (the "US Proceedings") and have sought and obtained the Canadian Order under section 18.6 of the Companies' Creditors Arrangement Act (the "CCAA"), granting a stay of proceedings against the Applicants and their property. As part of the US Proceedings, the US Noticing, Claims and Balloting Agent (the "Claims Agent"), Logan and Company, have issued Notice Of Last Day To File Claim notices advising creditors that the claims bar date is March 4, 2008. There are no planned Canadian proceedings and only creditors that file their proofs of claim with the Claims Agent before the General Claims Bar Date of March 4, 2008 will be eligible to receive any distributions from the US Proceedings. This applies to Canadian creditors of the Canadian operations Fedders, Inc. as well as to Canadian creditors of Fedders North America, Inc. and its US Affiliates and Subsidiaries. To file a claim, you must do the following:
To expedite the processing of your claim, use the Proof of Claim Form approved for use in these cases. Proof of Claim Form(s) should be sent to the Claims Agent at the following address: Claims Agent Any person who wishes to receive any further information must submit their request in writing to: A. Farber & Partners Inc. Attention: Mr. John Hendriks, CA•CIRP 1. The US Affiliates and Subsidiaries of Fedders North America, Inc. are Fedders Corporation, Fedders International, Inc., Fedders Holding Company, Inc., Fedders Outlet, Inc., Fedders Investment Corporation, Emerson Quiet Kool Corporation, Eubank Coil Company, Columbia Specialties, Inc., Rotorex Company, Inc., Fedders Addison Company, Inc., Fedders Islandaire, Inc., Island Metal Fabricating, Inc., Trion, Inc., Hermidifier Company, Inc., and Envirco Corporation Notices (Canadian)
US Claims Agent Notices (US) Orders
Proposal of ASF Ontario Production Inc. and Alliance Surface Finishing Inc. On the 12th day of December, 2006, Alliance Surface Finishing Inc. and its subsidiary, ASF Ontario Production Inc. (the "Companies") each filed a Notice of Intention to Make a Proposal ("NOI") and A. Farber & Partners Inc. consented to act as Trustee. On the 11th day of January, 2007, the Companies sought and were granted an Order by the Honourable Justice Campbell extending the time for the Companies to file their respective proposal to February 23, 2007. On the 21st day of February, 2007, the Companies sought and were granted an Order by Registrar Nettie extending the time for the Companies to file their respective proposal to April 9, 2007. On the 4th day of April, 2007, the Companies sought and were granted an Order by Registrar Nettie extending the time for the Companies to file their respective proposal to May 24, 2007. The purpose of this website is to provide documents to creditors regarding the respective proposal of the Companies. The documents listed below are in .pdf format and can be viewed and/or downloaded. Notice of Intention of Proposal
Orders
Hamilton Specialty Bar Corporation - CCAA Proceedings On January 5, 2007, Hamilton Specialty Bar Corporation ("HSB" or the "Company") sought relief under the Companies' Creditors Arrangement Act R.S.C. 1985, C-36 as amended ("CCAA"), with an order granted by the Ontario Superior Court of Justice (the " Initial Order") .Pursuant to the Initial Order, A. Farber & Partners Inc. was appointed Monitor. The effect of the Initial Order is that it provides a 30-day stay over all creditors, with amounts outstanding prior to January 5, 2007 being frozen. By Order of Justice Lax of the Ontario Superior Court of Justice dated February 1, 2007 (the "February 1 Order"), HSB be was granted an extension to its Stay Period to March 2, 2007. The February 1 Order also confirms Royal Laser Corp as the Selected Bidder, which will now move forward to negotiate and finalize an asset purchase agreement to take over the HSB business, and then close a transaction ("Transaction") on or prior to February 28, 2007. Amongst other matters, a Transaction is conditional on negotiating and finalizing a deal with the United Steelworkers. The February 1 Order and its terms can be viewed below. In addition we attach below a press release put on by the Selected Bidder, Royal Laser Corp. Through February 2007, it was ultimately determined that Royal Laser Corp. could not negotiate an agreement with the union to allow it to purchase the assets of HSB. As a result, no sale was concluded. Coincident with this, on February 23, 2007, an Order (the "Liquidation Order") was granted by the Honourable Justice Lax which approved the liquidation process (the "Liquidation Process") set out in the Monitor's Supplementary Report to the Monitor's Third Report (the "Supplementary Report"), directed the Monitor to immediately implement the Liquidation Process and wind down the business through March and April 2007. We can confirm the business has been wound down, the plant idled and the majority of the employees terminated in May 2007. Pursuant to an Order of the Court dated May 10, 2007, a process has commenced to seek proposals and/or offers for the purchase of the HSB business or underlying assets, to be submitted by June 22, 2007 (extended from June 1, 2007). As a result of that process, a going concern purchaser, Woodside Capital Partners IV, LLC (the "Purchaser"), was the party HSB moved forward with and signed an agreement of purchase and sale with on July 17, 2007 ("Sales Agreement"). This required among other matters, that the Purchaser had negotiated an agreement with the USW union. The Sales Agreement was assigned to a newly incorporated entity, Hamilton Specialty Bar (2007) Inc. The Sales Agreement was approved by the Court on July 24, 2007, with the granting of an approval and vesting order. Coincidence with that, the Court approved a lease and option agreement on some HSB property, required by the Purchaser for ongoing operations. The overall transaction is expected to close on or prior to August 15, 2007. Subject to the successful closing of the transaction, the realizations that would flow, will not be sufficient to repay all secured debt, and as a result, no funds will be available for unsecured creditors. For that reason, no CCAA claims process has been commenced to date for unsecured creditors to file claims. Given this outlook, a CCAA claims process will likely not be commenced, nor required. We confirm the Sales Agreement profiled above did close on August 17, 2007. Shortly after, on August 20, 2007, HSB was assigned into bankruptcy. A copy of the creditors' information package is attached below. The CCAA Stay has been extended to allow the Monitor to complete all outstanding administration. The Stay period will be completed when the Monitor files a certificate with the Court advising that all outstanding matters have been dealt with. The purpose of this website is to provide documents to any interested party regarding the HSB CCAA proceedings. The documents listed below are in pdf. format and can be viewed and/or downloaded. Bankruptcy Documents Court Orders
Court Motion Materials
Reports
The Proposal of Sklar-Peppler Furniture Corporation On August 8, 2006, Sklar-Peppler Furniture Corporation ("SPFC" or the "Company") commenced proceedings under the Companies' Creditors Arrangement Act ("CCAA"). On October 30, 2006, SPFC obtained an Order from the Ontario Superior Court of Justice effectively terminating the proceedings previously commenced under the CCAA and, upon its filing of a Notice of Intention to Make a Proposal ("NOI"), continuing the proceedings under Section 50 of the Bankruptcy and Insolvency Act ("BIA"). Accordingly, on October 30, 2006, SPFC filed a NOI and A. Farber & Partners Inc. was appointed Trustee. On November 29, 2006, the Company filed the Proposal with the Official Receiver pursuant to Section 62 of the BIA. The purpose of this website is to provide documents to creditors regarding the Proposal of the Company. The documents listed below are in .pdf format and can be viewed and/or downloaded.
CCAA Proceeding of Cantar Pool Products Limited/Produits de Piscines Cantar Limitée On October 17, 2006, by Order of the Honourable Justice Cummings, an initial Order (the "Initial Order") under the CCAA was granted for Cantar Pool Products Limited/Produits de Piscines Cantar Limitée ("Cantar" or the "Company"). Pursuant to the Initial Order, A. Farber & Partners Inc. was appointed Monitor. The effect of the Initial Order is that it provides a 30-day stay over all creditors, with amounts owing to creditors effective October 17, 2006 frozen. Cantar management, its advisors and the Monitor are working diligently toward formulating a CCAA Plan of Compromise or Arrangement (the "Plan"). This will ultimately be filed with the Court and sent to the Cantar creditors. The Company hopes to be in a position to file such a Plan in the near term. On November 16, 2006, by Order of the Honourable Justice Campbell, the CCAA was extended from November 16, 2006 to January 18, 2007. Also on November 16, 2006, Justice Campbell approved a Claims Procedure and Meeting Order which governs the process for calling for claims and eligibility to vote on and approval of the Plan, and thereafter participation in a distribution. On November 23, 2006, a CCAA Plan (the "Plan") was filed. A Sanction Hearing has been scheduled for January 18, 2007 at the Court for Court Approval of the Plan. On January 18, 2007, the Plan was approved by the Court. On January 30, 2007, all conditions precedent were completed and the Plan became effective. A copy of the Plan and the notice to creditors dated February 5, 2007 is attached below. The purpose of this website is to provide documents to any interested party regarding the Cantar CCAA proceedings. The documents listed below are in pdf. format and can be viewed and/or downloaded. CCAA Plan and Notice to Creditors Court Orders
Motions
Monitor Reports
The Court-Appointed Interim Receivership of Coby's Cookies, Inc. On September 26, 2006, Coby's Cookies, Inc. ("Coby's" or the "Company") filed a Notice of Intention to Make a Proposal pursuant to Section 50.4 of the Bankruptcy and Insolvency Act ("BIA"). A. Farber & Partners Inc. ("Farber") was appointed Trustee in the Proposal of the Company. In addition, by an Order of the Honourable Madam Justice Pepall (the "Order"), dated September 26, 2006, Farber was also appointed as Interim Receiver of all of Coby's current and future assets, undertaking and properties of every nature and kind whatsoever, and wherever situate including all proceeds thereof with authority limited to the provisions of the Order but, for greater certainty, not to manage or operate the business and undertaking of the Debtor without further order of the Court. The purpose of this website is to provide documents to any interested persons regarding the Proposal and Interim Receivership of the Company. The documents listed below are in .pdf format and can be viewed and/or downloaded. Notice of Intention to Make a Proposal Orders
Sale Agreement Reports
The Court-Appointed Interim Receivership of Just Great Bakers Inc. On September 26, 2006, Just Great Bakers Inc. ("Just Great Bakers" or the "Company") filed a Notice of Intention to Make a Proposal pursuant to Section 50.4 of the Bankruptcy and Insolvency Act ("BIA"). A. Farber & Partners Inc. ("Farber") was appointed Trustee in the Proposal of the Company. In addition, by an Order of the Honourable Madam Justice Pepall (the "Order"), dated September 26, 2006, Farber was also appointed as Interim Receiver of all of Coby's current and future assets, undertaking and properties of every nature and kind whatsoever, and wherever situate including all proceeds thereof with authority limited to the provisions of the Order but, for greater certainty, not to manage or operate the business and undertaking of the Debtor without further order of the Court. The purpose of this website is to provide documents to any interested persons regarding the Proposal and Interim Receivership of the Company. The documents listed below are in .pdf format and can be viewed and/or downloaded. Notice of Intention to Make a Proposal Orders
Sale Agreement Reports
IN THE MATTER OF THE PROPOSAL OF D.A.R.T. WAREHOUSING AND DISTRIBUTION INC. A COMPANY DULY INCORPORATED PURSUANT TO THE LAWS OF THE PROVINCE OF ONTARIO WITH A HEAD OFFICE IN THE CITY OF TORONTO IN THE PROVINCE OF ONTARIO Attached is a copy of the proposal ("Proposal") by D.A.R.T. Warehousing and Distribution Inc. ("DART" or the "Company") under Part III, Division I of the Bankruptcy and Insolvency Act (the "BIA"). The Proposal was lodged with A. Farber & Partners Inc. (the "Trustee") and filed with the Official Receiver in Toronto, Ontario on September 15, 2006. On August 16, 2006, the Company filed a notice of intention to make a proposal (the "Notice of Intention") to its creditors and A. Farber & Partners Inc. was appointed Trustee. On September 15, 2006, the Company filed the Proposal with the Official Receiver pursuant to Section 62 of the BIA. A Creditors' Meeting will be held on October 6, 2006 at 10:00 A.M. EST at the Office of the Trustee, A. Farber & Partners Inc., 150 York Street, Suite 1600, Toronto, Ontario, M5H 3S5 to review and vote on the Proposal. In he event you have any further queries with respect to the Proposal set out below or require further information, you should contact: A. Farber & Partners Inc. at (416) 496-3839 (Attention: Christine Moreira).
Court Appointed Receivership re: 131 Scarlett Road
Court Appointed Receivership re: 36 Queens Avenue The Court-Appointed Interim Receivership of Rumble Automation Inc. On December 12, 2005, Rumble Automation Inc. (the "Company") filed a Notice of Intention to Make a Proposal under Section 50.4 of the Bankruptcy and Insolvency Act ("BIA"). A. Farber & Partners Inc. ("Farber") was appointed as Trustee in the Proposal of the Company. In addition, by an Order of the Honourable Mr. Justice Lederman dated December 13, 2005, Farber was also appointed as Interim Receiver of all of Rumble's current and future assets, undertaking and properties of every nature and kind whatsoever, and wherever situate including all proceeds thereof with authority limited to the provisions of the Order but, for greater certainty, not to manage or operate the business and undertaking of the Debtor without further order of the Court. On January 9, 2006, the Company sought and was granted an extension of 45 days in which to file a Proposal pursuant to Section 50.4 of the BIA, so that it must file a Proposal within 75 days of the day in which it filed a Notice of Intention to Make a Proposal. On February 27, 2006, the Company filed a Proposal with the Official Receiver pursuant to Section 62 of the BIA. The first meeting of creditors was held on March 20, 2006. At the meeting a requisite majority of creditors, in number and value, voted to accept the Proposal. On April 24, 2006, the hearing for the approval of the Proposal of the Company was heard before Deputy Registrar Nettie. The Court, on hearing Counsel for the Company and with no opposition from Farber or other creditors, granted an adjournment of the sanction hearing to May 25, 2006. At the adjourned sanction hearing, the Court refused, pursuant to section 61(2) of the BIA, to approve and sanction the Proposal of Rumble, and declared that Rumble was deemed to have made an assignment in bankruptcy. The First Meeting of Creditors of the Bankrupt will be held on June 20, 2006 at 10:30 in the forenoon at the Ramada Hotel, 185 Yorkland Blvd., North York, Ontario. In addition, the Order dated December 13, 2005 was amended on May 25, 2006 to expressly empower and authorize the Interim Receiver to, inter alia, manage, operate and carry on the business of the Debtor. On June 9, 2006, the Interim Receiver obtained Court approval to enter into an asset purchase agreement ("APA") to sell certain assets (the "Purchased Assets") of the Company to RKO Automated Solutions Ltd.(the "Purchaser"). In addition, the Court granted approval for the Interim Receiver to enter into an accounts receivable collection agreement (the "Collection Agreement") with the Purchaser and RPG Receivable Collection Group Inc. On completion of the transaction, the Interim Receiver filed its Interim Receiver's Certificate with the Court which had the effect of immediately vesting all of the Company's and the Interim Receiver's right, title and interest, if any, in and to the Receiver Purchased Assets to the Purchaser. The purpose of this website is to provide documents to any interested persons regarding the Proposal, Interim Receivership and Bankruptcy of the Company. The documents listed below are in pdf format can be viewed and downloaded.
The Court-Appointed Interim Receivership of Echo Advertising & Marketing Inc. On November 21, 2005, the Ontario Superior Court of Justice (in Bankruptcy and Insolvency) made an Order pursuant to Section 47.1(1) of the Bankruptcy and Insolvency Act appointing A. Farber & Partners Inc. as Interim Receiver of Echo's cash on hand and certain outstanding accounts receivable. The Order was obtained on motion by Echo in response to concerns expressed by both Echo's suppliers and customers, in order to ensure that customers of Echo pay balances owing only to the Interim Receiver or as otherwise authorized pursuant to the Order. The purpose of this website is to provide documents to any interested persons regarding the Interim Receivership. The documents listed below are in pdf format can be viewed and downloaded.
Contact Information
The Court-Appointed Interim Receiver Of Salim Damji And Others On May 7, 2002, A. Farber & Partners Inc. was appointed the Interim Receiver of Salim Damji, STS Instant White and others (the "Defendants") and of all monies related to the funds allegedly raised by the Defendants from investors. The purpose of this website is to provide documents to any interested persons regarding the receivership. The documents listed below can be viewed and downloaded.
For enquiries or to obtain information or documents, the Interim Receiver can be contacted at:
Marlow Group Private Portfolio Management Inc., Marlow Group Securities Inc., Marlow Group Inc., Private Estate Builders Inc. (collectively the "Corporate Debtors") and Terrence W. Marlow A. Farber & Partners Inc. ("Farber") was appointed, on March 9, 2005, as Receiver over:
As Receiver, Farber took control of the assets and records of Marlow and the Corporate Debtors. Farber completed an assessment of the financial affairs of Marlow and the Corporate Debtors and report back to the Ontario Superior Court of Justice. On February 23, 2006, Farber also became the Trustee in Bankruptcy of the Corporate Debtors, pursuant to the Order of Court made on January 17, 2006 authorizing and directing the Receiver to assign the Corporate Debtors into bankruptcy. The Estates of Marlow Group Private Portfolio Management Inc. and Marlow Group Securities Inc. are being administered in accordance with Part XII of the Bankruptcy & Insolvency Act. The purpose of this website is to provide documents to any interested persons regarding the receivership and the bankruptcies of the Corporate Debtors. The documents listed below are in pdf format can be viewed and downloaded. The motion for receipt of the First Report of the Trustee in Bankruptcy and Directions is scheduled to be heard on Friday, April 21, 2006. The following information regarding that Motion is posted on this website and is scheduled to be heard at 10:00am on Friday, April 21, 2006 at 393 University Avenue, 8th Floor, Toronto.
The following is a compilation of other documents that were posted during the course of the Receivership and Bankruptcy:
Court Orders
Reports and other documents
Notices of Motion
Contact Information
Adobe Reader is required to read PDF documents TOPThe Court Appointed Receiver of Sound Medical Research Inc. ("SMRC") and Sound Medical Research, Inc. ("SMRUS") A. Farber & Partners Inc. ("Farber") was appointed, on October 3, 2003, as Court Appointed Receiver by the Superior Court of Justice (Ontario) to realize on the assets of SMRC and SMRUS. Farber had been appointed the Trustee in Bankruptcy of SMRC on July 30, 2003. The purpose of this website address is to provide documents to any interested persons regarding the receivership. The documents listed below are in PDF format and can be viewed and downloaded.
Contact Information
Adobe Reader is required to read PDF documents [ CORPORATE ] [ PERSONAL ] [ LOCATIONS & CONTACTS ] [ CAREERS ]
Copyright © 2004 A. Farber & Partners Inc. All rights reserved.
|
|
||||||||||||||||||||||||||
