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Welcome to the ACandS, Inc. Chapter 11 Claims Administration Website
PLEASE BE ADVISED that at a hearing held on May 6, 2008 before the Honorable Judith K. Fitzgerald, an ORDER CONFIRMING ACANDS'S SECOND PLAN OF REORGANIZATION DATED NOVEMBER 19, 2007 was entered and subsequently filed on the Court Docket on May 8, 2008. To obtain a copy of the Order, please press the appropriate button on the left-hand side of this page.
On September 16, 2002, ACandS, Inc. ("ACandS") filed a voluntary Chapter 11 petition for reorganization in the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"). The case is being administered under case number 02-12687.
The documents filed with the Bankruptcy Court are available for inspection by accessing the Court's website at
www.deb.uscourts.gov. Please contact PACER at 1-800-676-6856 to get the internet password required to gain access to the documents. You will not be able to obtain copies of documents by calling the Court directly.
On August 27, 2007, an Order was entered approving the Motion For Approval Of Settlement And Buyback Agreement Among Travelers, AcandS Parties, And Certain Other Parties (the "Travelers Motion. ") If you wish to obtain a copy of the Travelers Motion or the Notice of Hearing, please click on the appropriate buttons on the left hand side of this page.
THE PLAN AND DISCLOSURE STATEMENT
On November 20, 2007, ACandS filed Disclosure Statement Pursuant To Section 1125 of the Bankruptcy Code (the "Disclosure Statement") Relating To AcandS's Second Plan of Reorganization (the "Plan"). On January 4, 2008, the Bankruptcy Court approved the adequacy of the Disclosure Statement and issued an Order approving certain voting procedures ("Voting Procedures") for creditors to vote on the Plan ("Disclosure Statement Order"). Pursuant to that Order, ACandS caused to be mailed a customized ballot, together with the Disclosure Statement, the Plan, a Notice of Confirmation Hearing and the Disclosure Statement Order (collectively, the "Solicitation Package"), to all parties provided for by that Order.
If you would like to directly obtain a copy of the Plan, Disclosure Statement, Disclosure Statement Order and/or or Notice of Confirmation Hearing, please call the Claims Agent toll-free at (888) 455-9302. You may also wish to contact your attorney.
DEADLINE FOR VOTING ON THE PLAN
All votes to accept or reject the Plan must be actually received by the Claims Agent by 5:00 p.m., Eastern time, on March 24, 2008. Ballots may be delivered to:
IF BY MAIL:
The Garden City Group, Inc.
Claims Agent for ACandS
P.O. Box 9000-6029
Merrick, NY 11566-9000
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IF BY HAND DELIVERY OR OVERNIGHT MAIL:
The Garden City Group, Inc.
Claims Agent for ACandS
105 Maxess Road
Melville, New York 11747 |
Ballots will not be accepted by the Claims Agent by facsimile or electronic transmission.
EFFECT OF NOT VOTING ON THE PLAN
Any holder of claim (whether or not it is an Asbestos Claim) who does not submit a ballot that is received by the Claims Agent by the Voting Deadline will not be entitled to have his or her vote tabulated. However, any individual who holds a claim but who does not submit a ballot that is received by the Claims Agent by the Voting Deadline will not forfeit or lose his or her claim. In addition, holders of Asbestos Claims will still be able to file a claim at a later date against the Asbestos Settlement Trust, which will be established pursuant to the Plan.
CONFIRMATION HEARING
A hearing (the "Confirmation Hearing") to consider the confirmation of the Plan will be held at 11:30 a.m., Eastern Time, on April 21, 2008, before the Honorable Judith K. Fitzgerald at the United States District Court for the District of Delaware, located at 824 North Market Street, Wilmington, DE 19801.. The Confirmation Hearing may be continued from time to time without further notice other than the announcement by ACandS of the adjourned date(s) at the Confirmation Hearing or any continued hearing, and the Plan may be modified, if necessary, pursuant to 11 U.S.C. §1127 prior to, during, or as a result of the Confirmation Hearing, without further notice to interested parties other than by filing such modifications with the Court prior to the Confirmation Hearing or announcing any such modifications at the Confirmation Hearing.
NON-ASBESTOS UNSECURED BAR DATE AND CLAIM FORMS
Pursuant to an order dated November 5, 2003 (the "Bar Date Order"), the Bankruptcy Court set December 8, 2003 at 4:00 p.m. Eastern Time Time (the "General Bar Date") as the last date for filing non-asbestos unsecured claims against ACandS. A signed, original completed proof of claim, together with any accompanying or supporting documentation, must have been delivered to The Garden City Group, Inc., the Debtor's Claims, Notice and Balloting Agent (the "Claims Agent") at one of the following addresses:
IF BY MAIL:
The Garden City Group, Inc.
Claims Agent for ACandS
P.O. Box 9000-6029
Merrick, NY 11566-9000
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IF BY HAND DELIVERY OR OVERNIGHT MAIL:
The Garden City Group, Inc.
Claims Agent for ACandS
105 Maxess Road
Melville, New York 11747 |
so as to be received no later than 4:00 p.m. Eastern Time on December 8, 2003 or by the Amended Schedule Bar Date, if applicable. Proofs of claim submitted by facsimile or e-mail were not acceptable. Proofs of claim were deemed filed only when actually received by the Claims Agent. Proofs of claim had to include all documentation required by Federal Rules of Bankruptcy Procedure 3001(c) and 3001(d) and the relevant proof of claim form, including an original or a copy of any written document that formed the basis of your claim.
WHO MUST HAVE FILED A PROOF OF CLAIM BY THE GENERAL BAR DATE
The following holders of non-asbestos unsecured claims must have filed a proof of claim by the General Bar Date:
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any such holder whose claim was not listed in the schedule of assets and liabilities filed by ACandS (the "Schedules"); |
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any such holder whose claim was listed in the Schedules as either contingent, unliquidated or disputed; |
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any such holder whose claim was listed in the Schedules in an amount as to which such holder disagrees; oror |
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any such holder who believed it was unclear in the Schedules as to whether its claim is disputed, contingent or unliquidated or is otherwise properly listed and classified. |
WHO NEED NOT HAVE FILED A PROOF BY THE GENERAL BAR DATE
The following holders of non-asbestos unsecured claims need not have filed proofs of claim by the General Bar Date:
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any such holder that had already properly filed a proof of claim against ACandS in accordance with the procedures described herein; |
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any such holder (i) whose claim against ACandS was not listed as contingent, unliquidated or disputed in the Schedules, and (ii) that agreed with the nature, classification and amount of its claim as identified in the Schedules; |
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any such holder whose claim against ACandS had been previously allowed by, or paid pursuant to, an order of the Court; and |
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any such holder whose claim against ACandS was limited to an administrative expense of ACandS' chapter 11 case under section 503(b) of the Bankruptcy Code. |
CONSEQUENCES OF FAILURE TO FILE PROOF OF CLAIM
Any holder of a non-asbestos unsecured claim (other than such a holder that was not required to file a proof of claim for any of the reasons set forth above) that failed to file a proof of claim by December 8, 2003 at 4:00 p.m. Eastern Time, shall be forever barred, estopped, and enjoined from asserting a claim against ACandS or voting upon, or receiving any distributions under the Plan.
QUESTIONS OR ADDITIONAL INFORMATION
If you have any questions, call the Claims Agent toll-free at (888) 455-9302. You may also wish to contact your attorney.
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Please note that the Claims Agent is not permitted to give legal advice. We strongly recommend that you read the Bar Date Order in its entirety for more complete information regarding the filing of proofs of claims, and the Plan, Disclosure Statement, Disclosure Statement Order, and Notice of Confirmation Hearing for more complete information regarding the Plan, the Voting Procedures and the confirmation process (To view any of these documents, please click on the appropriate link on the left). We also recommend that you read the instructions accompanying the proof of claim form for more information about the filing of a proof of claim.
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