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I don't recall reading those particular details in any of the company's 8k filings (or Horizon's, for that matter). Would appreciate if you could point me to it. Thanks.
Source of your info. regarding terms of proposal to Horizon?
Here's a copy of the court order, which was entered on the court's docket today.
http://chapter11cases.com/2014/03/27/cereplast-inc-bankruptcy-case-converted-to-chapter-7/
The court document embedded in that post provides the outcomes for each item on the agenda at the bottom of the first page.
Here's the court's report on today's hearing
http://chapter11cases.com/2014/03/26/cereplast-inc-march-26-2014-hearing-outcomes/
Hearing officially continued to March 26th beginning at 1:30 pm Eastern. Publicly-available documents don't address the issues raised by Horizon in its response to the motion to continue (getting the weekly reports required by the interim DIP order, responses to discovery requests, etc.), so can't say what resolution, if any, to those issues was reached.
Here's the entry from the court's docket:
Official Court Notice Setting (1) Continued Hearing Re: Motion to Convert to Chapter 7 filed by Whitney L Mosby on behalf of Creditor Horizon Technology Finance, Inc with an Objection filed by Debtor (2) Continued Hearing Re: Corrected Motion to Abandon, Corrected Motion for Relief from Stay filed by Whitney L Mosby on behalf of Creditor Horizon Technology Finance, Inc with an Objection filed by Debtor; (3) Continued Final Hearing Re: Debtor's First Day Motion To (A) Use Cash Collateral On An Emergency Basis Pending A Final Hearing; (B) Incur Postpetition Debt On An Emergency Basis Pending A Final Hearing; And (C) Grant Adequate Protection And Provide Security And Other Relief To Horizon Technology Finance Company filed by Tamara Marie Leetham on behalf of Debtor Cereplast, Inc with an Objection filed by Thomas C Scherer on behalf of Creditor Horizon Technology Finance, Inc and (4) Continued Final Hearing Re: Debtor's First Day Motion To Pay Pre-Petition Wages, Salaries, Withholding, And Other Taxes, Earned Vacation, Health Care Benefits, And Workers' Compensation Benefits filed by Tamara Marie Leetham on behalf of Debtor Cereplast, Inc with an Objection filed by Thomas C Scherer on behalf of Creditor Horizon Technology Finance, Inc (re: Doc # [11,33, 15, 34, 27, 37, 66, 71]). Continued Hearing to be held on 3/26/2014 at 01:30 PM EDT at Rm 103 Federal Building, New Albany. (khg) (Entered: 03/18/2014)
FYI - change in hearing date isn't granted yet, just requested. Bankruptcy judge is holding a telephone conference with Cereplast's counsel and Horizon's counsel Tuesday morning at 11:30 am Eastern.
Horizon Technology Finance Asserts Failure to Comply with Interim DIP Financing Order Obligations
Details & copy of new court filing (filed just this morning): http://chapter11cases.com/2014/03/17/horizon-technology-finance-responds-to-cereplast-motion-asserts-failure-to-comply-with-interim-dip-financing-order-obligations/
Free copies of some new court pleadings
Really interesting stuff in here:
Cereplast’s Motion to Continue the Hearing on its Proposed Interim DIP Financing & Conversion of its Case to Chapter 7: http://chapter11cases.com/2014/03/16/read-a-copy-of-cereplasts-motion-to-continue-the-hearing-on-its-proposed-interim-dip-financing-conversion-of-its-case-to-chapter-7/
Exhibit: March 13th Correspondence from Horizon's Counsel to Cereplast's Counsel: http://chapter11cases.com/2014/03/16/read-a-copy-of-correspondence-from-counsel-to-horizon-technology-finance-to-counsel-to-cereplast/
Exhibit: March 14th Correspondence from Cereplast's Counsel to Horizon's Counsel: http://chapter11cases.com/2014/03/16/read-a-copy-of-correspondence-from-counsel-to-cereplast-to-counsel-to-horizon-technology-finance/
The letters cross-reference to the interim DIP financing order, so here's a copy of that too: http://chapter11cases.com/2014/03/16/read-a-copy-of-cereplasts-interim-debtor-in-possession-financing-order/
Horizon Technology Finance’s Supplement to its Motion to Convert Cereplast’s Chapter 11 Case to Chapter 7: http://chapter11cases.com/2014/03/16/read-a-copy-of-horizon-technology-finances-supplement-to-its-motion-to-convert-cereplasts-chapter-11-case-to-chapter-7/
Ironridge Technology’s Preliminary Objection to Cereplast’s Debtor-in-Possession Financing Motion: http://chapter11cases.com/2014/03/16/read-a-copy-of-ironridge-technologys-preliminary-objection-to-cereplasts-debtor-in-possession-financing-motion/
Copy of Interim DIP Financing Order & Financial Information Comparison
Copy of complete interim DIP financing order entered by the court and budget provided below:
http://chapter11cases.com/2014/03/12/cereplast-bankruptcy-update-interim-dip-financing-order-entered-financial-information-comparison/
No problem - very interesting pleadings to be sure. With the required caveat that all court filings, other than the judges' orders and opinions, represent the position of an interested party which may present the situation in the light most favorable to that party's interests (said differently, the light least favorable to that party's opponents).
Details of Horizon's DIP Financing Objection and Employee Payment Objection
Both objections were filed yesterday. Copies of the objections are embedded in the posts linked below.
Objection to Debtor-in-Possession Financing & Use of Horizon's Cash Collateral: http://chapter11cases.com/2014/03/04/secured-creditor-horizon-technology-finance-corp-objects-to-cereplasts-dip-financing-motion/
Objection to Cereplast's Payment of Employee Claims: http://chapter11cases.com/2014/03/04/secured-creditor-horizon-technology-finance-corp-objects-to-cereplasts-motion-to-pay-its-employees/
Cereplast Files Schedules of Assets & Liabilities, Financial Details with Bankruptcy Court: http://chapter11cases.com/2014/03/03/cereplast-inc-files-schedules-of-assets-liabilities-statement-of-financial-affairs/
Links to Free copies of THQ bankruptcy court documents.
http://courtreads.com/?orderby=date&postcount=20&s=%23BKR100302
ATP Oil & Gas voluntarily filed for chapter 11 bankruptcy protection Friday in the Southern District of Texas. We've posted free copies of some of the key "first day" bankruptcy court documents from the case on our blog.
Links:
ATP Oil's Voluntary Chapter 11 Bankruptcy Petition -
http://chapter11cases.com/atp-oil-bankruptcy-filing-atp-oils-voluntary-chapter-11-bankruptcy-petition/
ATP Oil's 30 Largest Unsecured Creditors -
http://chapter11cases.com/atp-oil-bankruptcy-filing-atp-oils-30-largest-unsecured-creditors/
Bankruptcy Court Declaration of ATP Oil's Chief Financial Officer -
http://chapter11cases.com/atp-oil-bankruptcy-filing-bankruptcy-court-declaration-of-atp-oils-chief-financial-officer/
ATP Oil's Motion to Limit Stock and Claim Trading -
http://chapter11cases.com/atp-oil-bankruptcy-filing-atp-oils-motion-to-limit-stock-and-claim-trading/
ATP's Motion to Pay Claims of Critical Vendors -
http://chapter11cases.com/atp-oil-bankruptcy-filing-atps-motion-to-pay-claims-of-critical-vendors/
ATP's Motion to Pay Employee Claims -
http://chapter11cases.com/atp-oil-bankruptcy-filing-atps-motion-to-pay-employee-claims/
The Proposed Plan of Reorganization - No Recovery for Shareholders
New Blog Post:
Details of FiberTower's Proposed Plan of Reorganization - Unsecured Creditors & Shareholders to Receive No Recovery
http://chapter11cases.com/details-of-fibertowers-proposed-plan-of-reorganization-agreement-with-holders-of-2016-notes/
Major Bankruptcy Court Pleadings To Date From FiberTower Chapter 11 Cases
List of all major bankruptcy court filings to date:
http://chapter11cases.com/shop/?filter_debtor-name=11746
List of 30 Largest Unsecured Creditors
We've also posted the list of the largest 30 unsecured creditors of FiberTower and its affiliates on a consolidated basis. This list was filed with the bankruptcy court earlier today. You can find the list here:
http://chapter11cases.com/fibertower-corporation-list-of-30-largest-unsecured-creditors/
Copies of All Four Bankruptcy Petitions
We've posted copies of all four chapter 11 petitions filed today on our blog. You can find them here (one each for each company that filed: FiberTower Corp., FiberTower Network Services Corp., FiberTower Licensing Corp., and FiberTower Spectrum Holdings, LLC):
http://chapter11cases.com/fibertower-corporation-copies-of-the-companies-voluntary-chapter-11-bankruptcy-petitions/
Court Sets Schedule to Consider Removing Management
http://blog.ch11cases.com/2011/08/bankruptcy-court-sets-schedule-for.html
Bankruptcy court filings listed assets & liabilities as of Sept. 30, 2010 (in other words, almost a year ago), and state that investigation hasn't been completed.
With those caveats, bankruptcy court filings listed $295 million assets and $181 million liabilities: http://blog.ch11cases.com/2011/08/shengdatech-inc-sdthpk-files-for.html
Court Filings: Financial Records Possibly "Falsified in Whole or in Part", Sales May Have Been "Vastly Overstated"
In a new filing with the bankruptcy court on Saturday, a declaration by Sheldon B. Saidman, an independent member of ShengdaTech's board of directors, details the findings to date of the investigation and the allegations that led the special committee to remove the company's officers and authorize the bankruptcy filing. The company also filed an adversary complaint against Xiangzhi Chen (its former President and Chief Executive Officer and largest shareholder) and a host of other defendants
Details from the declaration and the complaint: http://blog.ch11cases.com/2011/08/shengdatech-sdthpk-bankruptcy-update.html
ShengdaTech, Inc. Files for Chapter 11 Bankruptcy Protection in Nevada, Board of Directors Removes Officers
More information regarding the bankruptcy filing, including about actions taken by a special committee of the board of directors today:
http://blog.ch11cases.com/2011/08/shengd...
Petitioning Creditors Ask Court to Remove Management & Appoint a Trustee
Article:
http://blog.ch11cases.com/2011/08/waste2energy-holdings-bankruptcy-update.html
FYI: Four Alleged Creditors File Involuntary Chapter 11 Bankruptcy Petition Against Waste2Energy Holdings, Inc.
http://blog.ch11cases.com/2011/08/four-alleged-creditors-file-involuntary.html