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.

On October 26, 2016 a Court hearing took place before Madame Justice Fitzpatrick concerning the procedure for adjudicating the United Mine Workers of America (UMWA) 1974 Pension Plan Claim.

On November 28, 2016 a Court hearing too place before Madam Justice Fitzpatrick in relation to the evidence to be advanced in the summary trial determination of the claim of the UMWA 1974 Pension Plan and Trust.

A Court hearing is scheduled before Madam Justice Fitzpatrick on December 7, 2016 in respect of, amongst other things, Walter Canada’s application for approval to enter into a restructuring transaction as described in the Notice of Application Returnable December 7, 2016 and the Fifth Affidavit of William E. Aziz Sworn December 2, 2016, both of which are available below. Additional materials in respect of this court application, including one or more reports of the Monitor, shall be posted on this website as they become available. The Monitor recommends to interested parties that they visit this website regularly over the coming days for updates regarding this court application and possible future court applications.

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 80 KB] - 11/28/2016

 

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

Case Plan Order made October 26, 2016 [PDF 123 KB] - 10/26/2016

 

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

1974 Plan Notice of Civil Claim August 26 2016 [PDF 2.7 MB] - 8/26/2016

Response to 1974 Plan Notice of Civil Claim September 23 2016 [PDF 1 MB] - 09/23/2016

The Monitor's Response to 1974 Plan Notice of Civil Claim September 26 2016 [PDF 847 KB] - 09/26/2016

Response of the United Steelworkers, Local 1-424 to the 1974 Plan Notice of Civil Claim filed [PDF 783 KB] - 09/26/2016

1974 Plan Response to the USW, Local 1-424 Response to Notice of Civil Claim [PDF 543 KB] - 10/5/2016

Notice of Application returnable October 26, 2016 [PDF 2.8 MB] - 10/21/2016

Application Record Index October 26 2016 Hearing [PDF 129 KB] - 10/24/2016

1974 Plan Amended Notice of Civil Claim previously filed August 26 [PDF 3.4 MB] - 11/09/2016

Amended Response to 1974 Plan Notice of Civil Claim previously filed September 23 2016 [PDF 342 KB] - 11/10/2016

Amended Response of United Steelworkers, Local 1-424 to 1974 Plan Notice of Civil Claim previously filed September 26 2016 [PDF 279 KB] - 11/16/2016

Service letter dated Nov. 14, 2016 [PDF 130 KB] - 11/15/2016

Notice of Application dated Nov. 14, 2016 [PDF 1.3 MB] - 11/15/2016

Notice to Admit dated Nov. 14, 2016 [PDF 358 KB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 1) - [PDF 2.3 MB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 2) - [PDF 4.6 MB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 3) - [PDF 8 MB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 4) - [PDF 1.1 MB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 5) - [PDF 4.9 MB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 6) - [PDF 854 KB] - 11/15/2016

Notice of Address United Steelworkers, Local 1-424 [PDF 205 KB] - 11/16/2016

Application Record Index November 28 2016 Hearing [PDF 17 KB] - 11/23/2016

Notice of Application of the 1974 Plan returnable November 28 2016 [PDF 1023 KB] - 11/23/2016

Third Affidavit of M. Dominguez Sworn Nov 23. 2016 [PDF 2.7 MB] - 11/23/2016

Amended Application Record Index November 28 Hearing [PDF 23 KB] - 11/25/2016

First Affidavit of Dale Stover November 29, 2016 [PDF 7.2 MB] - 11/29/2016

1974 Plan Application Response November 24 2016 [PDF 899 KB] - 11/24/2016

Fourth Affidavit of M. Dominguez November 24, 2016 [PDF 9.7 MB] - 11/24/2016

Expert Report of Judith Mazo November 24 2016 [PDF 1.3 MB] - 11/24/2016

Response of the United Steelworkers, Local 1-424 to the Nov. 14 Notice of Application [PDF 370 KB] - 11/24/2016

Pleadings Index of Mdm. Justice Fitzpatrick Nov 24. 2016 [PDF 42 KB] - 11/24/2016

First Affidavit of S. Danielisz Sworn Nov 27. 2016 [PDF 774 KB] - 11/27/2016

Response of the Applicant to the 1974 Plan's Notice of Application [PDF 671 KB] - 11/27/2016

1974 Plan Response to Notice to Admit [PDF 407 KB] - 11/27/2016

Fifth Affidavit of M. Dominguez Sworn Nov 28 2016 [PDF 1.4 MB] - 11/28/2016

Response of the United Steelworkers, Local 1-424 to the 1974 Plan's Notice of Application [PDF 339 KB] - 11/30/2016

Pleadings Index of Mdm. Justice Fitzpatrick December 1. 2016 [PDF 46 KB] -12/01/2016

Revised November 28 Hearing Application Record Index [PDF 11 KB] - 12/01/2016

Expert Report of Allan L. Gropper December 1 2016 [PDF 1.8 MB] - 12/01/2016

Book of Authorities re Expert Report of Allan Gropper- Part 1 [PDF 12.1 MB] - 12/01/2016

Book of Authorities re Expert Report of Allan Gropper - Part 2 [PDF 7.7 MB] - 12/01/2016

Sixth Affidavit of M. Dominguez Sworn Dec 2 2016 [PDF 2.4 MB] - 12/02/2016

Notice of Application of the 1974 Plan returnable January 9 2017 [PDF 977 KB] - 12/02/2016

Fifth Affidavit of William E. Aziz Sworn December 2 2016 [PDF 3 MB] - 12/02/2016

Notice of Application returnable Dec. 7 2016 [PDF 3.2 MB] - 12/02/2016

Sixth Affidavit of William E. Aziz Sworn December 2 2016 [PDF 3.3 MB] - 12/02/2016

Application Record Index December 7 2016 Hearing [PDF 25 KB] - 12/06/2016

 

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

Monitor's Certificate - September 9 2016 [PDF 443 KB] - 09/09/2016

Fifth Report of the Monitor - October 20 2016 [PDF 577 KB] - 10/20/2016

Fifth Report of the Monitor - Completed Appendices - October 20 2016 [PDF 9 MB] - 10/20/2016

Sixth Report of the Monitor - December 5, 2016 [PDF 779 KB] - 12/05/2016

Connect with us

 

Request for proposal

 

Submit

KPMG CreditorLinks

KPMG is acting as Monitor, Receiver and Manager, Liquidator, or Trustee in Bankruptcy

 
Read more

Services

KPMG combines our multi-disciplinary approach with deep, practical industry knowledge to help clients meet challenges and respond to opportunities.

 
Read more

Contact

Deal Advisory

We Think like an Investor

 
Read more