HTML Document View

Full title: Notice of Satisfaction of Claim(s) Filed by Terry S. Park. (Attachments: # (1) Exhibit 1) (Cousins, Scott)

Document posted on Oct 5, 2021 in the bankruptcy, 7 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

THEIR NAMES AND CLAIMS ON EXHIBIT 1 TO THIS NOTICE*** Terry S. Park, in his capacity as the Liquidation Trustee (the “Liquidation Trustee”) of the MEA RemainCo Holdings, LLC (f/k/a Energy Alloys Holdings, LLC) Liquidation Trust (the “Liquidation Trust”), by and through his undersigned counsel, hereby files this notice (the “Notice”) identifying certain proofs of claim filed in the above-captioned chapter 11 cases which have been satisfied post-petition in full (each a “Satisfied Claim,” and together, the “Satisfied Claims”).In support of this Notice, the Liquidation Trustee respectfully represents as follows: 1 The Debtors, together with the last four digits of each Debtor’s federal tax identification number, are MEA RemainCo Holdings, LLC (f/k/a Energy Alloys Holdings, LLC) (4144); MEA RemainCo, L.L.C. (f/k/a Energy Alloys, L.L.C.) (0377); MEA RemainCo Louisiana, LLC (f/k/a/ Energy Alloys Louisiana, LLC) (0623); MEA RemainCo Canada Holding, L.L.C. (f/k/a Energy Alloys Canada Holding, L.L.C.) (0382); MEA RemainCo Services, L.L.C. (f/k/a Energy Alloys Services, L.L.C.) (4284); MEA RemainCo Cayman Holding, L.L.C. (f/k/a Energy Alloys Cayman Holding, L.L.C.) (3484); MEA RemainCo Mexico Holding Co. – Majority, LLC (f/k/a Energy Alloys Mexico Holding Co. – Majority, LLC) (9165); MEA RemainCo Mexico Holding Co. – Minority, LLC (f/k/a Energy Alloys Mexico Holding Co. – Minority, LLC) (N/A).establishing: (a) the first business day that is 30 days after the date of service, which was February 1, 2021 at 5:00 p.m. (prevailing Eastern Time), as the last date for persons or entities other than governmental units to file proofs of prepetition claims, including administrative expense claims arising pursuant to section 503(b)(9) of the Bankruptcy Code (the “General Bar Date”); (b) March 8, 2021 at 5:00 p.m. (prevailing Eastern Time) as the last date for governmental units to file proofs of claim (the “Government Bar Date”); and (c) regarding rejection damages, the later of the General Bar Date and thirty days after a claimant is served with notice of an Order of the Bankruptcy Court authorizing the Debtors’ rejection of the applicable Executory Contract 4 Plan § IX.A.; Confirmation Order ¶ 12.As of the date hereof, the Liquidation Trustee has identified on the register of claims (the “Claims Register”), maintained by Epiq Corporate Restructuring, LLC (“Epiq”) as the claims and noticing agent, 160 proofs of claim (collectively, the “Claims”) filed in these Cases by persons purporting to be holders of Claims. Every Response must contain, at a minimum, the following information: (a) a caption setting forth the name of the Court, the above-referenced case number, and the title of this Notice; (b) the name of the Claimant, the number of their Satisfied Claim, and a description of the basis for the amount of the Satisfied Claim that the Claimant is contesting has not been satisfied in full; (c) the specific factual basis, supporting legal

List of Tables

Document Contents

IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE ) Chapter 11 In re: ) ) Case No. 20-12088 (MFW) ) MEA RemainCo Holdings, LLC, et al., ) (Jointly Administered) ) Debtors.1 ) ) Response Deadline: Oct. 20, 2021 at 4:00 p.m. ) (ET) ) LIQUIDATION TRUSTEE’S FIRST NOTICE OF CLAIMS SATISFIED IN FULL ***CLAIMANTS RECEIVING THIS NOTICE SHOULD LOCATE THEIR NAMES AND CLAIMS ON EXHIBIT 1 TO THIS NOTICE*** Terry S. Park, in his capacity as the Liquidation Trustee (the “Liquidation Trustee”) of the MEA RemainCo Holdings, LLC (f/k/a Energy Alloys Holdings, LLC) Liquidation Trust (the “Liquidation Trust”), by and through his undersigned counsel, hereby files this notice (the “Notice”) identifying certain proofs of claim filed in the above-captioned chapter 11 cases which have been satisfied post-petition in full (each a “Satisfied Claim,” and together, the “Satisfied Claims”). The Satisfied Claims are listed on Exhibit 1 attached hereto, which is incorporated herein by reference. In support of this Notice, the Liquidation Trustee respectfully represents as follows: 1 The Debtors, together with the last four digits of each Debtor’s federal tax identification number, are MEA RemainCo Holdings, LLC (f/k/a Energy Alloys Holdings, LLC) (4144); MEA RemainCo, L.L.C. (f/k/a Energy Alloys, L.L.C.) (0377); MEA RemainCo Louisiana, LLC (f/k/a/ Energy Alloys Louisiana, LLC) (0623); MEA RemainCo Canada Holding, L.L.C. (f/k/a Energy Alloys Canada Holding, L.L.C.) (0382); MEA RemainCo Services, L.L.C. (f/k/a Energy Alloys Services, L.L.C.) (4284); MEA RemainCo Cayman Holding, L.L.C. (f/k/a Energy Alloys Cayman Holding, L.L.C.) (3484); MEA RemainCo Mexico Holding Co. – Majority, LLC (f/k/a Energy Alloys Mexico Holding Co. – Majority, LLC) (9165); MEA RemainCo Mexico Holding Co. – Minority, LLC (f/k/a Energy Alloys Mexico Holding Co. – Minority, LLC) (N/A). The mailing address for the Debtors is 9450 Pinecroft Drive, P.O. Box 8819, The Woodlands, TX 77380.

1

BACKGROUND 1. On September 9, 2020 (the “Petition Date”), the Debtors commenced these chapter 11 cases (these “Cases”) by filing voluntary petitions for relief under chapter 11 of the Bankruptcy Code in this Court. From and after the Petition Date, through the Effective Date (as defined below) of the Plan (as defined below), each Debtor possessed its assets as a debtor in possession pursuant to sections 1107 and 1108 of the Bankruptcy Code. 2. On May 18, 2021, the Debtors filed with the Court the Debtors’ Combined Disclosure Statement and Joint Chapter 11 Plan of Liquidation (as confirmed and with all exhibits thereto, the “Plan”) [Docket No. 429]. 3. On June 28, 2021, the Court entered the Order (I) Approving the Debtors’ Combined Disclosure Statement and Joint Chapter 11 Plan of Liquidation on a Final Basis and (II) Confirming the Debtors’ Combined Disclosure Statement and Joint Chapter 11 Plan of Liquidation (the “Confirmation Order”) [Docket No. 508]2 confirming the Plan. The Plan became effective on July 8, 2021 (the “Effective Date”). 4. Additional factual background regarding the Debtors, including their business operations, their corporate and capital structure, and the events leading up to the filing of these Cases, is set forth in greater detail in the Declaration of Bryan Gaston in Support of Debtors’ Chapter 11 Petitions and First Day Motions [Docket No. 11]. 5. The Plan and the Confirmation Order provide for the establishment of the Liquidation Trust on the Effective Date.3 Further, the Plan and the Confirmation Order provide for the appointment of Terry S. Park as the Liquidation Trustee whose duties shall commence as 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them by the Plan or the Confirmation Order, as applicable. 3 Plan § IX.B.; Confirmation Order ¶ 12.

2

of the Effective Date.4 Under the Plan, the Liquidation Trustee is authorized to object to Claims made against the Debtors.5 6. On November 10, 2020, the Debtors filed their schedules of assets and liabilities (the “Schedules”) and statements of financial affairs (the “Statements” and together with the Schedules, the “Schedules and Statements”) [Docket Nos. 163-178]. Additionally, in the ordinary course of business, the Debtors maintained books and records (the “Books and Records”) that reflect, inter alia, the Debtors’ liabilities and the amounts owed to their creditors. Section IX.H.2 of the Plan provides for the Liquidation Trustee’s access to and/or possession of the Books and Records. 7. On December 28, 2020, the Court entered the Order (I) Establishing Bar Dates and Related Procedures for Filing (A) Proofs of Claim (Including for Administrative Expense Claims Arising Under Section 503(b)(9) of the Bankruptcy Code) and (B) Administrative Expense Requests and (II) Approving the Form and Manner of Notice Thereof (the “Bar Date Order”) [Docket No. 276] establishing: (a) the first business day that is 30 days after the date of service, which was February 1, 2021 at 5:00 p.m. (prevailing Eastern Time), as the last date for persons or entities other than governmental units to file proofs of prepetition claims, including administrative expense claims arising pursuant to section 503(b)(9) of the Bankruptcy Code (the “General Bar Date”); (b) March 8, 2021 at 5:00 p.m. (prevailing Eastern Time) as the last date for governmental units to file proofs of claim (the “Government Bar Date”); and (c) regarding rejection damages, the later of the General Bar Date and thirty days after a claimant is served with notice of an Order of the Bankruptcy Court authorizing the Debtors’ rejection of the applicable Executory Contract 4 Plan § IX.A.; Confirmation Order ¶ 12. 5 Plan § IX.H.1.

3

(the “Rejection Damages Bar Date” and, together with the General Bar Date and the Government Bar Date, the “Bar Dates”). 8. As of the date hereof, the Liquidation Trustee has identified on the register of claims (the “Claims Register”), maintained by Epiq Corporate Restructuring, LLC (“Epiq”) as the claims and noticing agent, 160 proofs of claim (collectively, the “Claims”) filed in these Cases by persons purporting to be holders of Claims. The Liquidation Trustee, along with BDO as financial advisor to the Liquidation Trustee, are in the process of comprehensively reviewing and reconciling the Claims with the Books and Records to determine the validity of the Claims. CLAIMS SATISFIED AFTER THE PETITION DATE 9. In connection with the review of the Books and Records, the Liquidation Trustee has identified 23 Satisfied Claims which have been satisfied in full post-petition, as set forth on Exhibit 1 attached hereto. 10. Accordingly, the Liquidation Trustee intends to designate on the Claims Register the Satisfied Claims listed on Exhibit 1 as being satisfied in full. Out of an abundance of caution, the Liquidation Trustee will serve this Notice on all holders of the Satisfied Claims to provide them with an opportunity to object to the Liquidation Trustee’s determination that the Claims have been fully satisfied. RESPONSES TO THIS NOTICE 11. By this Notice, the Liquidation Trustee requests that any holder of a Satisfied Claim (each a “Claimant”), who disputes the determination by the Liquidation Trustee that the Claim has been satisfied in full must file and serve a written response (the “Response”) with the United States Bankruptcy Court for the District of Delaware, 824 North Market Street, 3rd Floor, Wilmington, Delaware 19801. In addition, such Claimant must serve its Response upon the

4

following entity, so that the Response is received no later than October 20, 2021 at 4:00 p.m. (ET) (the “Response Deadline”): Cousins Law LLC, Brandywine Plaza West, 1521 Concord Pike, Suite 301, Wilmington, Delaware 19803, Attn: Scott D. Cousins (scott.cousins@cousins-law.com). 12. Every Response must contain, at a minimum, the following information: (a) a caption setting forth the name of the Court, the above-referenced case number, and the title of this Notice; (b) the name of the Claimant, the number of their Satisfied Claim, and a description of the basis for the amount of the Satisfied Claim that the Claimant is contesting has not been satisfied in full; (c) the specific factual basis, supporting legal argument and any supporting documentation, to the extent such documentation was not included with the Satisfied Claim previously filed with the Court or Epiq, upon which the Claimant will rely in opposing this Notice and the Liquidation Trustee’s determinations set forth therein; and (d) the name, address, telephone number, electronic mail address and fax number of the person(s) (who may be the Claimant or a legal representative thereof) to whom the Liquidation Trustee should communicate with respect to the Satisfied Claim or the Notice and who possesses authority to reconcile, settle, or otherwise resolve any issues relating to the Satisfied Claim on behalf of the Claimant. 13. If a Response is properly and timely filed and served in accordance with the above procedures, the Liquidation Trustee will then make a good faith effort to review the relevant Satisfied Claim in light of such Response, to determine whether there is a basis upon which to sustain the Claimant’s assertion that its Claim is not a Satisfied Claim. In the event the parties are unable to reach a resolution, the Liquidation Trustee will schedule a hearing on the Satisfied Claim. The Liquidation Trustee reserves the right to contest any new assertions of liability against the Liquidation Trust made by the holders of the Satisfied Claims with respect to their Claims.

5

14. If a Claimant fails to file and serve a timely Response by the Response Deadline, (i) the Claimant is deemed to have consented to the Notice and the Liquidation Trustee’s determination with respect to its Satisfied Claim, as set forth therein, and (ii) Epiq shall immediately, and without further notice to any party (including the Claimant), mark such Satisfied Claim as fully satisfied on the Claims Register. RESERVATION OF RIGHTS 15. The Liquidation Trustee expressly reserves the right to amend, modify, or supplement this Notice, and to file additional objections to any claims filed in these Cases that may be asserted against the Liquidation Trust. 16. Notwithstanding anything contained in this Notice or the attached Exhibit 1, nothing herein shall be construed as a waiver of any rights that the Liquidation Trustee may have. [Remainder of page left intentionally blank]

6

Dated: October 6, 2021 Wilmington, Delaware /s/ Scott D. Jones Scott D. Cousins (No. 3079) Scott D. Jones (No. 6672) COUSINS LAW LLC Brandywine Plaza West 1521 Concord Pike, Suite 301 Wilmington, Delaware 19803 Telephone: (302) 824-7081 Facsimile: (302) 295-0331 Email: scott.cousins@cousins-law.com scott.jones@cousins-law.com Counsel to Terry S. Park, solely in his capacity as the Liquidation Trustee of the MEA RemainCo Holdings, LLC (f/k/a Energy Alloys Holdings, LLC) Liquidation Trust

7