On February 13, 2019 (the "Petition Date"), Imerys Talc America, Inc. ("ITA"), Imerys Talc Vermont, Inc. ("ITV") and Imerys Talc Canada Inc. ("ITC" and together with ITA and ITV, the "Debtors"), commenced voluntary reorganization proceedings (the "Chapter 11 Proceedings") in the United States Bankruptcy Court for the District of Delaware (the "US Court") by each filing a voluntary petition for relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101-1532 (the "Bankruptcy Code").
Also on the Petition Date, the Debtors filed various motions for interim and/or final orders (the orders entered by the US Court in respect thereof, the "First Day Orders") in the Chapter 11 Proceedings to permit the Debtors to advance their reorganization. The First Day Orders included an order authorizing ITC to act as the foreign representative (in such capacity, the "Foreign Representative") of the Debtors for the within proceedings (the "Foreign Representative Order").
On February 14, 2019, the US Court granted the Foreign Representative Order and other First Day Orders. On February 15, 2019, ITC, in its capacity as Foreign Representative, commenced an application before the Ontario Superior Court of Justice (Commercial List) (the "Canadian Court") pursuant to Part IV of the Companies' Creditors Arrangement Act (R.S.C. 1985, c. C-36, as amended) (the "CCAA").
On February 20, 2019, the Canadian Court granted an initial recognition order, inter alia: (i) declaring that ITC is a "foreign representative" as defined in section 45 of the CCAA; (ii) declaring that the Chapter 11 Proceedings are recognized as a "foreign main proceeding" under the CCAA; and (iii) granting a stay of proceedings against the Debtors in Canada. Also on February 20, 2019, the Canadian Court granted a supplemental order, pursuant to section 49 of the CCAA, inter alia: (i) recognizing and giving full force and effect in Canada to certain of the First Day Orders; (ii) appointing Richter Advisory Group Inc. ("Richter") as the information officer (the "Information Officer") in respect of these proceedings.
On January 26, 2021, pursuant to an order by the Canadian Court, Richter was discharged from its duties as Information Officer and KPMG Inc. was substituted as Information Officer of the Debtors in respect of these proceedings.
All materials which were previously posted to Richter's website and have been posted to this website such that a full record is maintained.
On January 27, 2021, the Debtors filed with the US Court the Ninth Amended Joint Chapter 11 Plan of Reorganization (the “Ninth Amended Plan”) and the Disclosure Statement for the Ninth Amended Plan (the “Disclosure Statement”).
Information on the Chapter 11 Proceedings can be found on the Prime Clerk website at: https://cases.primeclerk.com/imerystalc/Home-Index
