Walter Energy Canada Holdings, Inc.

Walter Energy Canada Holdings, Inc.

Creditor and stakeholder information

Creditor and stakeholder information

Walter Energy Canada Holdings, Inc. and certain of its subsidiaries and affiliates filed an application before the Supreme Court of British Columbia (the “Court”) pursuant to the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended (the "CCAA").

The Court made an order (the "Initial Order") on December 7, 2015, granting, amongst other relief, a stay of proceedings against the following entities (collectively, “Walter Canada”) until January 5, 2016 while Walter Canada pursues restructuring initiatives under the CCAA:

  • Walter Energy Canada Holdings, Inc.
  • Walter Canadian Coal ULC
  • Brule Coal ULC 
  • Cambrian Energybuild Holdings ULC
  • Willow Creek Coal ULC
  • Pine Valley Coal Ltd.
  • 0541237 B.C. Ltd.
  • Walter Canadian Coal Partnership
  • Wolverine Coal Partnership
  • Brule Coal Partnership
  • Willow Creek Coal Partnership

The Initial Order also granted a limited stay of proceedings against Belcourt Saxon Coal Ltd. and Belcourt Saxon Coal Limited Partnership in relation to the Belcourt Saxon Limited Partnership agreement, as set out in the Initial Order.

The Initial Order appointed KPMG Inc. as Monitor of the business and financial affairs of Walter Canada in the CCAA proceedings.

The Court granted an order on January 5, 2016 (the “January 5 Order”) which, amongst other things, extended the Stay to April 5, 2016 and approved the SISP, the KERP and the retention of both the Financial Advisor and the CRO.

The Court granted a further order on March 30, 2016 which, amongst other things, extended the stay to June 24, 2016.

The Court granted a further order on June 24, 2016 which, amongst other things, extended the stay to August 19, 2016.

On August 16, 2016 the Court granted the Approval and Vesting Order, the Stay Extension Order and the Claims Process Order, which amongst other things approved the sale transaction, extended the stay until January 17, 2017 and approved the Claims Process Order and commencement there of.

For copies of documents relating to the Claims Process please see below.

Contact Information

KPMG Inc.
PO Box 104246
777 Dunsmuir Street Vancouver BC
V7Y 1K3
Canada

Telephone:
1-855-393-3547 (Toll free within North America)
1-416-649-7580 (Locally and Abroad)

Email:
waltercanada@kpmg.ca

 

Notice to Creditors

Notice to Creditors [PDF 79 KB] - 12/11/2015

List of Creditors [PDF 236 KB] - 12/11/2015

 

Claims Process

Order of Mdm. Justice Fitzpatrick (Claims Process Order) made August 16 2016 [PDF 1.7 MB] - 8/16/2016

Instruction Form [PDF 28 KB] - 8/22/2016

Proof of Claim Form [PDF 19 KB] - 8/22/2016

Notice of Dispute Form [PDF 21 KB] - 8/22/2016

 

Service List

Service List [PDF 101 KB] - 8/10/2016

 

Court Orders

Order of Mdm. Justice Fitzpatrick (Initial Order) made Dec. 7, 2015 [PDF 1371 KB] - 12/7/2015

Order of Mdm. Justice Fitzpatrick (sealing order) made Jan 5, 2016 re the Third Affidavit of William G. Harvey [PDF 127 KB] - 1/5/2016

Order of Mdm. Justice Fitzpatrick made Jan. 5, 2016 [PDF 1597 KB] - 1/5/2016

Order of Mdm. Justice Fitzpatrick made March. 30 2016 [PDF 185 KB] - 3/30/2016

Order of Mdm. Justice Fitzpatrick made June 24 2016 [PDF 153 KB] - 6/24/2016

Order of Mdm. Justice Fitzpatrick (sealing order) made August 15 2016 [PDF 113 KB] - 8/15/2016

Order of Mdm. Justice Fitzpatrick (Stay Extension Order) made August 16 2016 [PDF 166 KB] - 8/16/2016

Order of Mdm. Justice Fitzpatrick (Approval and Vesting Order) made August 16 2016 [PDF 829 KB] - 8/16/2016

 

Court Materials

Petition Record Cover and Index [PDF 55 KB] - 12/7/2015

Notice of Hearing of Petition [PDF 140 KB] - 12/6/2015

Petition without Schedule C [PDF 834 KB] - 12/7/2015

First Affidavit of William G Harvey Sworn December 4 2015 including Exh [PDF 1192 KB] - 12/7/2015 

Blackline of Proposed Initial Order against Model Initial Order [PDF 405 KB] 12/7/2015

Proposed Initial Order [PDF 144 KB] - 12/7/2015

 

Exhibits to the First Affidavit of William G Harvey

Exhibit B to the First Affidavit [PDF 339 KB] - 12/7/2015

Exhibits C-E to the First Affidavit [PDF 953 KB] - 12/7/2015

Exhibit F - British Columbia Coal Industry Overview 2011 Part 1 [PDF 8005 KB] - 12/7/2015

Exhibit F - British Columbia Coal Industry Overview 2012 Part 2 [PDF 5514 KB] - 12/7/2015

Exhibit F - British Columbia Coal Industry Overview 2013 Part 3 [PDF 7030 KB] - 12/7/2015

Exhibit F - British Columbia Coal Industry Overview 2014 Part 4 [PDF 6671 KB] - 12/7/2015

Exhibits G-J to the First Affidavit [PDF 1283 KB] - 12/7/2015

Exhibit K Part 1 to the First Affidavit [PDF 6216 KB] - 12/7/2015

Exhibit K Part 2 to the First Affidavit [PDF 22153 KB] - 12/7/2015

Exhibit L to the First Affidavit [PDF 399 KB] - 12/7/2015

Exhibit M First Part to the First Affidavit [PDF 39875 KB] - 12/7/2015

Exhibit M Second Part to the First Affidavit [PDF 4080 KB] - 12/7/2015

Exhibits N-P to the First Affidavit [PDF 1272 KB] - 12/7/2015

Blackline of Revised Stay Extension Order Jan 5, 2015 [PDF 152 KB] - 1/5/2016

Second Affidavit of William G Harvey sworn December 31 2015 including ex [PDF 4146 KB] - 1/5/2016

Application Record Index Jan 5th Hearing [PDF 27 KB] - 1/4/2016

Notice of Application returnable Jan 5 2016 [PDF 1949 KB] - 12/31/2015

Blackline of Walter Stay Extension Order against Served Stay Extension Order [PDF 195 KB] - 12/31/2015

First Affidavit of Randy Gatzka Sworn December 24 2015 [PDF 6731 KB] - 1/4/2016

First Affidavit of M. Domínguez Sworn Jan 4 2016 [PDF 4374 KB] - 1/4/2016

First Affidavit of Susan Wood Sworn Jan 6 2016 [PDF 630 KB] - 1/7/2016

Response of United Steelworkers, Local 1-424  filed Jan 4 2016 [PDF 359 KB] - 1/4/2016

Response of 1974 Plan Jan 4 2016 [PDF 696 KB] - 1/5/2016

Justice Fitzpatrick re Walter Energy Canada Holdings Inc Reasons for Judgment [PDF 303 KB] - 1/26/2016

Application Record Index March 30 2016 Hearing [PDF 24 KB] - 3/24/2016

Notice of Application returnable March 30, 2016 [PDF 620 KB] - 3/22/2016

First Affidavit of William E Aziz Sworn March 22 2016 [PDF 1093 KB] - 3/22/2016

Second Affidavit of M.Domínguez Sworn March 29 2016 [PDF 5522 KB] - 3/29/2016

Response of the 1974 Plan March 29 2016 [PDF 195 KB] - 3/29/2016

Application Record Index June 24th Hearing [PDF 29 KB] - 6/24/2016

Pleadings Binder Index [PDF 32 KB] - 6/22/2016

Notice of Application returnable June 24 2016 [PDF 522 KB] - 6/17/2016

Second Affidavit of William E Aziz Sworn June 17 2016 [PDF 2.1 MB] - 6/17/2016

First Affidavit of Daniel Will Sworn June 22 2016 [PDF 335 KB] - 6/22/2016

Response of the United Steelworkers, Local 1-424 Unfiled June 22 2016 [PDF 368 KB] - 6/22/2016

Application Record Index August 15th Hearing [PDF 37 KB] - 8/12/2016

Notice of Application returnable August 15 2016 [PDF 2.7 MB] - 8/09/2016

Third Affidavit of William E Aziz Sworn August 9 2016 [PDF 6.7 MB] - 8/09/2016

Response of the 1974 Plan August 11 2016 [PDF 654 KB] - 8/11/2016

Response of Kevin James August 12 2016 [PDF 65 KB] - 8/12/2016

First Affidavit of Kevin James Part #1 August 12 2016 [PDF 4.5 MB] - 8/12/2016

First Affidavit of Kevin James Part #2 August 12 2016 [PDF 2.5 MB] - 8/12/2016

First Affidavit of Tijana Gavric August 13 2016 [PDF 403 KB] - 8/13/2016

 

Monitors Reports

Pre-filing Report of the Proposed Monitor - Dec 6 2015 [PDF 925 KB] - 12/6/2015

First Report of the Monitor - December 31 2015 [PDF 1280 KB] - 12/31/2015

Second Report of the Monitor – March 24 2016 [PDF 1310 KB] - 3/24/2016

Third Report of the Monitor - June 22 2016 [PDF 813 KB] - 6/22/2016

Fourth Report of the Monitor - August 11 2016 [PDF 899 KB] - 8/11/2016

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