Toys "R" Us, Inc., et al.

Toys "R" Us, Inc., et al.
72b0a3be-96ef-49ba-a55b-69c457004bc9

In re: Toys "R" Us, Inc., et al., Case No. 17-34665
United States Bankruptcy Court, Eastern District of Virginia (Richmond Division)

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Case Information

On September 18, 2017, Toys “R” Us, Inc. and certain of its affiliates (together, the “Debtors”) filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code. The Debtors’ bankruptcy cases are jointly administered under case no. 17-34665 and pending before the Honorable Keith L. Phillips in the Richmond Division of the United States Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”). In addition, the Company’s Canadian subsidiary voluntarily commenced parallel proceedings under the Companies’ Creditors Arrangement Act (“CCAA”) in Canada in the Ontario Superior Court of Justice. The Company’s operations outside  of the U.S. and Canada, including its approximately 255 licensed stores and joint venture partnership in Asia, which are separate entities, are not part of the Chapter 11 filing and CCAA proceedings.

On March 20, 2018 Toys "R" Us Property Company I, LLC and five of its affiliates filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code with such cases being separately administered from the Debtors' Chapter 11 cases, and having a separately-appointed official committee of unsecured creditors.

Please click HERE for a Creditor Reporting Package as of April 27, 2018, based on information provided by the Debtors.

Please click HERE for a Creditor Reporting Package as of May 29, 2018, based on information provided by the Debtors.

Please click HERE for a Creditor Reporting Package as of June 29, 2018, based on information provided by the Debtors.

Please click HERE for a Creditor Reporting Package as of July 28, 2018, based on information provided by the Debtors.

Please click HERE for a Creditor Reporting Package as of September 27, 2018, based on information provided by the Debtors. 

Wind Down of Domestic Businesses and entry into Settlement Agreement. On March 15, 2018, the Debtors filed a motion (the “Wind Down Motion”) seeking Bankruptcy Court approval to, among other things, begin the process of conducting an orderly wind-down of its U.S. business and liquidation of inventory in all of the Debtors’ U.S. stores. At a hearing on March 20, 2018, the Bankruptcy Court, with certain exceptions, approved the Wind Down Motion. A copy of the approval order (the “Wind-Down Order”) was filed on March 22, 2018 at Docket No.2344

At a hearing on April 24, 2018, the Bankruptcy Court approved the "wind down budget". The order, entered at Docket No. 2853, provided for, among other things, the creation of the so-called " Merchandise Reserve" representing amounts carved out from the North American term DIP lenders' collateral. The amount of Merchandise Reserve was to be calculated based upon an amount equal to the unpaid costs of merchandise received by the Debtors on and after March 5, 2018, with the actual allocation and use of the Merchandise Reserve funds among administrative creditors to be determined at a later date, with parties reserving all rights as to who participates in the funds and the basis of participation (pro rata or otherwise).

On June 15, 2018, the Debtors filed a term sheet (Docket No.3431) reflecting a settlement among interested parties including certain North American Debtors, an ad hoc group of B-4 lenders (representing certain prepetition debt of Toys Delaware), the Committee, and an ad hoc group of postpetition vendor administrative claimants that settled a number of remaining issues relating to the liquidation of the Debtors' domestic businesses. This Term Sheet was memorialized in a Settlement Agreement filed on July 17, 2018, along with a motion by the Debtors seeking Bankruptcy Court approval of the settlement (Docket No.3814)

The Settlement Agreement and motion seeking approval of the Settlement Agreement included numerous provisions affecting creditors. 

The motion seeking approval of the Settlement Agreement was approved by the Bankruptcy Court during the August 7, 2018 hearing (Docket No.4083). 

Frequently asked questions relating to the Settlement Agreement, including an overview of the contemplated distributions to holders of administrative claims, releases, opt-out procedures, and benefits to unsecured creditors are available HERE

Toys Delaware and Geoffrey Plan & Disclosure Statement. On August 6, 2018, the Toys Delaware Debtors and Geoffrey Debtors filed their Joint Chapter 11 Plans and related Disclosure Statement. They later filed amended versions of the Plans and the Disclosure Statement that had been modified to incorporate comments from various interested parties including those from the Committee. The Disclosure Statement was approved by the Bankruptcy Court during the September 6, 2018 hearing (Docket No. 4571). During the November 13, 2018 hearing, the Bankruptcy Court confirmed the Fourth Amended Joint Chapter 11 Plans of the Toys Delaware Debtors and Geoffrey Debtors (Docket No. 5746). 

TRU Taj and TRU Inc. Plan & Disclosure Statement.  On August 4, 2018, the Taj Debtors and TRU Inc. Debtors filed their Joint Chapter 11 Plan and related Disclosure Statement. They later filed amended versions of the Plan and the Disclosure Statement that had been modified to incorporate comments from various interested parties including those from the Committee.The Disclosure Statement was approved by the Bankruptcy Court during the September 6, 2018 hearing (Docket No. 4572). During the December 13, 2018 hearing, the Bankruptcy Court confirmed the Third Amended Joint Chapter 11 Plan of the Taj Debtors and the TRU Inc. Debtors (Docket No. 5979). During the same hearing, the Bankruptcy court approved the Settlement Agreement (Docket No. 5978) among the Committee, the Debtors, an ad hoc group of Taj noteholders, and an ad hoc group of B-4 lenders that resolved inter-estate issues and certain issues the Committee had with the Plan. 

Propco II Plan & Disclosure Statement.  On June 11, 2018, Toys "R" Us Property Company II, LLC, and Giraffe Junior Holdings, LLC, filed their Joint Chapter 11 Plan and Disclosure Statement. They later filed an amended Joint Chapter 11 Plan  and Disclosure Statement  that had been modified to incorporate comments from various interested parties including those from the Committee. At the July 2, 2018 hearing, the Court approved the Disclosure Statement on a conditional basis. On August 22, 2018, the Bankruptcy Court approved the Disclosure Statement on a final basis and confirmed the PropCo II Plan (Docket No. 4298). On September 7, 2018, the Plan became effective (Docket No. 4582). 

Debtors’ Website & FAQs. The Debtors have provided answers to frequently asked questions and other information relating to the liquidation on the Toys “R” Us restructuring website. Please click the following links below for the Debtors’ information on:

Bar Dates. The bar date for general claims was April 6, 2018 at 5:00 p.m. (prevailing Eastern Time). The bar date for governmental claims was June 18, 2018 at 5:00 p.m. (prevailing Eastern Time). For additional information on filing proofs of claim, please click HERE.

Administrative Claims Procedures & Bar Date.  For administrative claims against Toys-Delaware entities and Toys "R" US, Inc., arising before June 30, 2018, the bar date for filing proofs of claim was July 16, 2018. For administrative claims arising after June 30, 2018, the bar date is the earlier of: “(a) the 15th day of the month following the month in which the claim arose (i.e. a claim arising in the month of July 2018 must be filed by August 15, 2018) and (b) 14 days following any hearing on a plan of liquidation, structured settlement, or other proposed resolution to the Debtors chapter 11 cases.” The order  approving these procedures provides that until a claims reconciliation process is approved by the Bankruptcy Court, the Debtors are authorized (but not required) to reconcile and allow administrative claims without further court order in amount agreed between the Debtors and claimant after the Committee is provided seven business days' notice of such proposed reconciled and allowed amount and does not object.

SETTLEMENT AGREEMENT FREQUENTLY ASKED QUESTIONS

Neither the Debtors, the Committee, their advisors in these Chapter 11 proceedings, Prime Clerk nor JND are permitted to provide you with legal advice. The decision whether or not to file a Proof of Claim amounts to legal advice. It is recommended you seek your own legal counsel.

 

1. Question: What will administrative creditors receive under the Settlement Agreement?

Answer: Administrative Claim Holders that are eligible to participate in the Administrative Claims Distribution Pool will be eligible to receive their pro rata share of the following distributions:

  • $160 million (which will be funded by the B-4 Lenders prior to repayment of the Term DIP Facility);
  • $20 million in recoveries from Toys-Delaware (which will be funded by the B-4 Lenders immediately following the repayment of the Term DIP Facility, which is expected to be repaid by September 2018);
  • Contingent recoveries if the aggregate recovery of the B-4 Lenders from assets of Toys-Delaware and Wayne exceeds an amount equal to 50% of the B-4 Lenders’ approximately $1 billion in aggregate prepetition claims (with the Administrative Claims Distribution Pool sharing in 50% of excess assets from Toys-Delaware and Wayne after this threshold is met); and
  • Contingent recoveries equal to 80% of any recoveries from the Non-Released Claims Trust (which includes claims against the directors, officers, and managers and avoidance actions held by certain Debtor entities), subject to any sharing that is later negotiated with the creditors of Toys, Inc.
  • Aggregate distributions to Administrative Claim Holders from the Administrative Claims Pool, funded as described above, will be net of the amounts used to fund the Non-Released Claims Trust ($5 million) and the substantial contribution claim ($2 million) provided for by the Settlement Agreement.

 

2. Question: Who can participate in the Administrative Claims Distribution Pool?

 Answer: Holders of Allowed Administrative Claims who do not opt out of the Settlement Agreement can participate in the Administrative Claims Distribution Pool.  “Administrative Claim Holders” include (i) all merchandise vendors who have unpaid administrative claims arising under sections 503(b)(1) and 503(b)(9) of the Bankruptcy Code and for agreed to, but unpaid, critical vendor payments, in all such cases arising out of ordinary course sales of goods or provision of services to Toys-Delaware for the value of such goods and services, and (ii) holders of other unpaid Administrative Claims at Toys-Delaware (including merchandise vendors) not otherwise accounted for in the Wind-Down Budget (excluding professional fee claims and adequate protection claims).

 

3. Question: What are the opt-out procedures?

Answer: The opt-out procedures contemplate that Administrative Claim Holders will have 14 days from the date of service (which will be within three days of entry of the order approving the settlement, which the Settlement Parties anticipate will be entered on or about August 7, 2018) to return an opt-out form in either electronic or paper form. If you do not wish to opt out of the Settlement Agreement, you do not need to return any forms and do not need to take any further action with respect to the Settlement Agreement. In others words, you are deemed to opt in so long as you do not affirmatively opt out.

If holders of more than 7.5% in aggregate value of Administrative Claims elect to opt out, the Ad Hoc Group of B-4 Lenders and the Debtors each have a right to terminate the Settlement Agreement.

 

4. Question: How much of a payout should be expected?

Answer: Holders of Allowed Administrative Claims, who do not opt out, will share pro rata in a baseline recovery of $180 million (less the amounts necessary to fund the Non-Released Claims Trust and the substantial contribution claim) and will share in the recoveries of the Term B-4 Lenders once their recoveries exceed 50% of their prepetition claims from the assets of certain Debtors, and in 80% of the recoveries from the Non-Released Claims Trust, all subject to the terms of the Settlement Agreement. The Debtors estimate that Administrative Claims that are entitled to participate in the Administrative Claims Distribution Pool are approximately $800 million. If accurate, this would imply an estimated recovery of approximately 21% on such Administrative Claims. However, Administrative Claims are still being reviewed and reconciled and there can be no assurance that the Allowed Administrative Claims entitled to participate in the Administrative Claims Distribution Pool will be equal to or less than $800 million. If Allowed Administrative Claims exceed $800 million, the estimated recoveries on account of such Administrative Claims may be less than any estimated recovery percentages.

 

5. Question: How are amounts being distributed from the Administrative Claims Distribution Pool?

Answer: Funds available for distribution from the Administrative Claims Distribution Pool will be distributed to eligible holders of Allowed Administrative Claims on a pro rata basis.

 

6. Question: When will distributions occur?

Answer: The Settlement Agreement contemplates an initial distribution to holders of Allowed Administrative Claims that are entitled to participate in the Administrative Claims Distribution Pool by no later than September 30, 2018. Later distributions will be based upon the reconciliation of asserted Administrative Claims.

 

7. Question: What happens if the Debtors do not agree with an Administrative Claim Holder’s asserted Administrative Claim?

Answer: The Debtors’ professionals, in consultation with the Claims Oversight Representative, are working directly with holders of Administrative Claims in an effort to reconcile such claims in an expeditious manner. To the extent a consensual resolution on the validity or amount of a creditor’s Allowed Administrative Claim cannot be reached, the Debtors may file an objection to the claim for resolution by the Court and the affected creditor will be able to address the dispute before the Court.

 

8. Question: Who is getting a release under the Settlement Agreement?

Answer: The Settlement Agreement contemplates the granting of releases to (a) the Debtors and their estates, (b) the Creditors’ Committee and its members, (c) each member of the Ad Hoc Vendor Group, (d) the Term DIP Agent, (e) each member of the Ad Hoc Group of B-4 Lenders (whether as a Prepetition Secured Lender or as a Term DIP Lender), (f) each of the other lender parties to the Settlement Agreement, (g) each of the other administrative creditors party to the Settlement Agreement, (h) the Prepetition Term Loan Agent, (i) each of the Sponsors, (j) all holders of Administrative Claims at Toys-Delaware that do not affirmatively opt out of participating in the Administrative Claims Distribution Pool, in each case in their respective capacities as such, and (k) for each of those persons’ or entities’ identified in (b)-(j) above, such parties non-Debtor affiliates and its and their respective, directors, officers, agents, advisors, or professionals. However, the Debtors’ directors, officers, and managers (including any Sponsor-affiliated directors, officers and managers) are not being released under the Settlement Agreement.

The Settlement Agreement also contemplates the release by the Debtors of avoidance actions against non-insider creditors, as discussed in Question 9 below.

 

9. Question: Are vendors and other creditors (who are not insiders) also getting a release under the Settlement Agreement?

Answer: Yes. The Debtors and their estates are providing a release of avoidance actions (including preference claims) against all non-insider creditors (including prepetition creditors, regardless of whether they are eligible to participate in the Administrative Claims Distribution Pool, and holders of Administrative Claims who do not opt out of the Settlement Agreement). In other words, as long as you are a non-insider vendor or other non-insider creditor that does not opt out, you will get a release from avoidance actions (including preference claims) even if you do not have an Allowed Administrative Claim.

 

Note, however, that prepetition general unsecured creditors that do not have an Administrative Claim are not being solicited as to whether to “opt in” or “opt out” of the Settlement Agreement, but are still receiving the releases of avoidance actions described above.

 

10. Question: What potential liability will directors, officers, and managers face?

Answer: Directors, officers, and managers are not being released under the Settlement Agreement, and all claims against directors, officers, and managers of the Debtors (including Sponsor-affiliated directors, officers and managers) are being transferred to a litigation trust (defined as the “Non-Released Claims Trust” under the Settlement Agreement). Therefore, directors, officers and managers can be sued for pre- and post-petition conduct. However, the parties to the Settlement Agreement agreed that the personal assets of directors, officers, and managers will not be a source of recovery for the Non-Released Claims Trust. Instead, any recovery from a successful lawsuit against a director, officer, or manager will be limited to amounts available under the Debtors’ D&O insurance policies.

 

11. Question: What are the insurance policies limits?

Answer: The applicable D&O insurance policies have aggregate limits of $95 million.

 

12. Question: Why does the Settlement Agreement preserve director and officer claims with respect to only Toys R Us, Inc. and Toys-Delaware?

Answer: The Settlement Agreement represents a negotiated compromise of numerous issues, and includes the agreement by the Toys R Us, Inc. and Toys-Delaware Debtors to preserve and contribute their claims and causes of action against the directors and officers as well as any non-released avoidance actions to the Non-Released Claims Trust, subject to the terms set forth in the Settlement Agreement. Director and officer claims related to the Geoffrey Debtors are being preserved for the benefit of the Term B-4 Lenders in accordance with the terms of the Settlement Agreement. Toys-Delaware and certain of its subsidiary Debtors are anticipated to be Debtors under the Plan that will incorporate the terms of the Settlement Agreement. The treatment of the claims and/or causes of action of other Debtors (including the TRU Taj Debtors, PropCo II, and any other Debtors not addressed under or party to the Settlement Agreement) will be addressed separately in those Debtors’ respective chapter 11 plans or other resolutions of those chapter 11 cases.

 

13. Question: What needs to happen for there to be a distribution of the contingent amounts beyond the $180 million provided for in the Settlement Agreement?

Answer: Holders of Allowed Administrative Claims, who do not opt out of the Settlement Agreement, will share in 50% of any excess assets of Toys-Delaware and Wayne, after the recoveries of the Term Loan B-4 Lenders from assets of Toys-Delaware and Wayne exceed 50% on account of their prepetition claims, and will share in a certain portion of any recoveries of claims pursued by the Non-Released Claims Trust. Recoveries from assets of Toys-Delaware and Wayne may come from (i) real estate sales of Toys-Delaware and the liquidation of any other assets of Toys-Delaware, (ii) excess value from PropCo II (once all secured claims of PropCo II and its direct parent entity are paid), or (iii) excess value from PropCo I that would inure to the benefit of Wayne. Additional recoveries from the Non-Released Claims Trust include potential claims against directors and officers with recoveries from the director and officer liability insurance policies as well as other avoidance actions held by Toys, Inc. and Toys-Delaware, including potential intercompany avoidance actions.

 

14. Question: How are prepetition general unsecured creditors benefitting under the Settlement Agreement?

Answer: Prepetition general unsecured creditors are receiving a waiver by the Debtors and their estates of all potential avoidance actions that could be brought against such creditors, including potential preference actions for transfers made by the Debtors to creditors within the 90 days prior to the Petition Date of September 18, 2017. Based on the Debtors’ preliminary analysis, there was up to approximately $1 billion of potential preference exposure for prepetition general unsecured creditors and postpetition administrative creditors, subject to certain defenses that could be asserted by such creditors. All such causes of action are being waived. Prepetition general unsecured creditors who do not have Administrative Claims are not entitled to participate in the Administrative Claims Distribution Pool and will only receive a recovery if all prepetition secured claims and postpetition Administrative Claims are paid in full. Prepetition general unsecured creditors who do not have Administrative Claims are not providing any releases under the Settlement Agreement, and therefore do not need to choose whether to “opt in” or “opt out” of the Settlement Agreement, but will continue to receive the above-referenced benefits under the Settlement Agreement.

 

15. Question: Does an Administrative Claim Holder have to waive its general unsecured claims in order to opt in to the Settlement Agreement?

Answer: No. The Settlement Agreement provides for distributions on account of Allowed Administrative Claims, once reconciled. Administrative Claim Holders are not waiving their general unsecured claims under the Settlement Agreement. However, the Settlement Agreement does provide for releases of parties-in-interest, including the DIP Lenders, the prepetition secured lenders, the Creditors’ Committee and its members, and the Sponsors. Any Administrative Claim Holder that does not opt out of the Settlement Agreement will be bound by its terms (including the treatment provided to holders of Administrative Claims and the releases) and will be deemed to have consented to the treatment of Administrative Claims under the Plan. Any party that exercises its right to opt out will not be entitled to its pro rata portion of the Administrative Claims Distribution Pool.

 

16. Question: What do I get if I opt OUT?

Answer: Creditors who opt out will receive nothing under the Settlement Agreement. You will not be entitled to participate in the Administrative Claims Distribution Pool. Any Administrative Claim Holder that opts out will not (i) receive the releases of any potential avoidance actions (including preference claims) against it, or (ii) be deemed to grant any of the releases under the Settlement Agreement.

 

17. Question: What do I get if I opt IN?

Answer: So long as you do not affirmatively opt out, you are deemed to have opted into the Settlement Agreement and automatically receive the benefits of the settlement (even if you are only a general unsecured creditor). Any Administrative Claim Holder that does not affirmatively opt out following the procedures approved by the Court (i.e., opts in) will receive its pro rata share of the consideration contemplated thereby (to the extent there are no objections to the claim). Any Administrative Claim Holder that does not opt out of the Settlement Agreement (i.e., opts in) will be bound by its terms, including deemed consent to the treatment of holders of Administrative Claims under the Plan and shall be entitled to receive the releases of any potential avoidance actions (including preference claims) against it.

Prepetition general unsecured creditors that do not have an Administrative Claim are not being solicited as to whether to “opt in” or “opt out” of the Settlement Agreement, but are receiving certain benefits under the Settlement Agreement (as set forth in Question 9, above).

 

18. Question: Why should I choose not to opt out of the Settlement Agreement?

Answer: If you choose to opt out of the Settlement Agreement, you will not receive any distribution from the Administrative Claims Distribution Pool and no distribution on account of your Administrative Claims can be guaranteed. If you opt out of the Settlement Agreement, you will not be providing the releases described in the Settlement Agreement, but you will also not receive any releases in your favor and may be subject to potential avoidance actions to recover payments made within the “preference period” of 90 days prior to the Petition Date of September 18, 2017. The Debtors, the Creditors’ Committee, the Ad Hoc Vendor Group (consisting of holders of $100-150 million of Administrative Claims) and the Ad Hoc B-4 Lender Group all recommend that you not opt out of the Settlement Agreement and therefore be deemed to “opt in”.

 

We cannot provide you with any legal advice as to how to proceed with respect to the Settlement Agreement and you should consult with your own legal or financial professionals as to how to proceed with respect to the Settlement Agreement.

 

19. Question: Can a holder of Administrative Claims change its decision if the holder initially chooses to opt out of the Settlement Agreement?

Answer : Yes. Those who choose to opt out of the Settlement Agreement can later choose to opt in and receive the benefits of the Settlement Agreement by notifying the Debtors at the contact information set forth on the opt-out form prior to the opt-out deadline, which is expected to be August 24, 2018.

 

20. Question: What was the alternative to the Settlement Agreement?

Answer: The potential alternatives to the Settlement Agreement and the determination of the parties to the Settlement Agreement to enter into the various compromises of claims and causes of action are set forth in detail in the Debtors’ motion seeking approval of the Settlement Agreement, available here.

Of note, substantially all of Toys-Delaware’s assets, including possible claims and causes of action against interested parties such as avoidance actions against officers, directors, sponsors and vendors, were pledged to the B-4 Lenders to secure their $450 million Term DIP Facility and any adequate protection claim for any diminution in value of the Term B-4 Lenders’ prepetition collateral (which could have amounted to hundreds of millions of dollars in light of the significant losses incurred by the B-4 Lenders’ collateral during the chapter 11 cases). Among these causes of action include potential claims to recover approximately $1 billion in claims against vendors and other creditors for transfers made during the “preference period” of 90 days prior to the Petition Date.

 

In addition, pursuant to the negotiations that took place at the outset of the Debtors’ wind-down in March and April 2018, the parties had negotiated for the establishment of a Merchandise Reserve for holders of Administrative Claims, which was funded based on the value of goods and services provided to the Debtors on and after March 5, 2018. This Merchandise Reserve was estimated at $156 million, however, the final amount was subject to reconciliation of Administrative Claims arising after March 5 and could have ultimately been much less.

 

The Settlement Agreement protects unsecured creditors from avoidance actions, establishes a litigation trust to pursue claims against the Debtors’ directors, officers and managers; provides for a baseline $180 million in recovery for holders of Administrative Claims; and supports the development of an orderly wind-down plan that protects the Debtors’ estate assets from value-destructive behavior that could materialize without a plan and in the context of widespread litigation.

 

21. Question: What consideration are the Sponsors contributing to the Settlement Agreement?

Answer: In addition to agreeing to cooperate in connection with the implementation of the Settlement Agreement and any Plan or order of dismissal, the Sponsors are, among other things, (i) waiving and releasing all claims for further payments of any management, advisory, or other fees or expenses from the Debtors and their estates; and (ii) agreeing to not take any action that would require compliance with the equity trading order Docket No. 728 entered at the beginning of the case, thus agreeing to delay seeking to take any worthless stock deductions with respect to their equity interest in the Debtors.

 

22. Question: How will the Non-Released Claims Trust be established and governed?

Answer: The Non-released Claims Trust will be governed by a Non-Released Claims Trust Manager that, prior to making material decisions on behalf of the Trust, will consult with the Non-Released Claims Trust Oversight Committee consisting of three members that will be appointed: (i) one by the Creditors’ Committee, (ii) one by the Ad Hoc Vendor Group, and (iii) one by the Ad Hoc Group of B-4 Lenders. The Non-Released Claims Trust will initially be funded with $5 million from the amounts distributed to the Administrative Claims Distribution Pool. The identity of the Non-Released Claims Trust Manager and the Oversight Committee will be disclosed prior to the hearing on the Settlement Agreement. Any compensation arrangements for the Non-Released Claims Trust Manager and/or the members of the Oversight Committee will be determined by the Non-Released Claims Trust.

 

23. Question: When is the bar date for Administrative Claims?

 Answer: For Administrative Claims arising before June 30, 2018, the bar date for filing proofs of claim was July 16, 2018.

For Administrative Claims arising after June 30, 2018, the bar date is the earlier of: (a) the 15th day of the month following the month in which the claim arose (e.g., a claim arising in the month of July 2018 must be filed by August 15, 2018) and (b) 14 days following any hearing on a plan of liquidation, structured settlement, or other proposed resolution to the Debtors chapter 11 cases.

 

24. Question: How are professionals’ fees being treated?

Answer: The fees and expenses of estate professionals in connection with the liquidation are subject to heavily-negotiated budgets that have monthly caps as agreed with the Ad Hoc Group of B-4 Lenders. Estate professionals’ fees are also subject to review by the fee examiner that has been appointed in the chapter 11 cases.

 

25. Question: Where can I find copies of the Settlement Agreement and Term Sheet?

Answer: Visit the Creditors’ Committee’s website at: http://www.jndla.com/cases/ToysCommittee to obtain a copy of the Settlement Agreement or Term Sheet

    

FREQUENTLY ASKED QUESTIONS

Neither the Debtors, the Committee, their advisors in these Chapter 11 proceedings, Prime Clerk nor JND are permitted to provide you with legal advice. The decision whether or not to file a Proof of Claim amounts to legal advice. It is recommended you seek your own legal counsel.

On September 18, 2017, Toys “R” Us, Inc., and certain of its affiliates (collectively, the “Debtors”) filed voluntary petitions (collectively, the “TRU Cases”) for relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (as amended, the Bankruptcy Code).

The questions and answers that follow provide certain general information concerning the TRU Cases, the Official Committee of Unsecured Creditors of Toys “R” Us, Inc., et al. (the “Committee”), and various topics related to the TRU Cases and the Committee.

1.       What is the Committee?

Pursuant to the Bankruptcy Code, the United States Trustee (the “UST) is authorized to appoint a committee of creditors holding unsecured claims as soon as practicable after the filing of a case.  Generally, a creditor’s committee is a group of general unsecured creditors appointed to represent, in a fiduciary capacity, the interests of all general unsecured creditors.  In such role, creditors’ committees act to protect and promote the interests of general unsecured creditors (as a whole) by, among other things, monitoring a debtor’s business operations, investigating its business and financial affairs, and negotiating the terms of a plan. The overarching goal of a creditors’ committee is to maximize value for general unsecured creditors.  The Committee does not represent the interests of individual creditors.

In accordance with this authority, on September 26, 2017, the UST appointed the Committee.

2.       What is the Committees role in the TRU Cases?

Pursuant to the Bankruptcy Code, the Committee may: (1) consult with the Debtors concerning the administration of the cases; (2) investigate the acts, conduct, assets, liabilities, and financial condition of the Debtors, the operation or the Debtors’ business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan; (3) participate in the formulation of a plan, advise those represented by the Committee of its determinations as to any plan formulated, and collect and file with the court acceptances or rejections of a plan; (4) request the appointment of a trustee or examiner under section 1104 of the Bankruptcy Code; and (5) perform such other services as are in the interest of those represented.

3.       Who are the members of the Committee?

  • The Bank Of New York Mellon,
  • Euler Hermes North America Insurance Co.,
  • Evenflo Company, Inc.,
  • Huffy Corporation,
  • KIMCO Realty Corporation,
  • LEGO Systems, Inc.,
  • Mattel, Inc.,
  • Simon Property Group, Inc., and
  • Veritiv Operating Company

4.       Who represents the Committee?

The Committee retained (i) Kramer Levin Naftalis & Frankel LLP to act as its counsel, (ii) Wolcott Rivers Gates to act as its local Virginia counsel, (iii) Bennett Jones LLP to act as its Canadian counsel, and (iv) Berwin Leighton Paisner LLP to act as its special foreign counsel.  The Committee also retained FTI Consulting as its financial advisor, Moelis & Company as its investment banker, and JND Corporate Restructuring as its information agent.

5.      Who represents the United States Trustee in the TRU Cases?

The trial attorney assigned to the TRU Cases by the UST is Lynn Kohen.

6.      What role does the United States Trustee Have in the TRU Cases?

The United States Trustee Program is a component of the Department of Justice responsible for overseeing the administration of bankruptcy cases.  For further details on the United States Trustee’s role, please visit the website of the UST at https://www.justice.gov/ust-regions-r04.

7.      Does the Committee represent individual creditors?

No.  The Committee represents the interests of all unsecured creditors through oversight of and negotiations with the Debtors.  Neither the Committee nor its counsel or other advisors represents individual creditors that may have claims in the TRU Cases.

8.      What is a Proof of Claim?

A Proof of Claim is the official form that creditors or other interested parties may use to submit a prepetition claim or demonstrate amounts owing against the Debtors prior to September 18, 2017.

Each Proof of Claim must be signed by the creditor, or by an authorized agent of the creditor if the creditor is not an individual.  It is recommended you attach any supporting documents on which the claim is based or an explanation as to why such documents are not available.

Instructions as to how to fill out the Proof of Claim form can be accessed HERE. Please read them carefully.

9.      Does my Proof of Claim need to be received or stamped by a specified deadline?

All Proofs of Claim must be received by Prime Clerk on or before the applicable bar date (Court established deadline for filing Proofs of Claim). The bar dates can be viewed on the calendar portion of this website.

More information on filing proofs of claim, including information on submitting claims electronically can be found HERE

To file a hard copy proof of claim, the proof of claim form should be sent to the following address:

Toys "R" Us Inc. Claims Processing Center
c/o Prime Clerk LLC
830 3rd Avenue, 3rd Floor
New York, NY 10022

Proofs of Claim will be deemed timely only if actually received by the Debtor’s claims agent, Prime Clerk, on or before the applicable bar date. Proofs of Claim will not be accepted by fax or email.

10.    What is the deadline for filing Proofs of Claim?

The deadline (also known as the “bar date) to file general proofs of claim in the TRU Cases was set as April 6, 2018.  The deadline for governmental units to file proofs of claim in the TRU Cases was set as June 18, 2018.  Please refer to the order establishing the bar date for more information.

Please note that pursuant to an order (the “Wind-Down Order”) at Docket No. 2334, which authorized the Debtors, among other things, to begin the process of conducting an orderly wind-down of their U.S. businesses and liquidation of inventory in all of the Debtors’ U.S. stores, the Debtors committed to file a motion by April 16, 2018 proposing procedures and deadlines governing the filing, adjudication and payment procedures for potential postpetition, administrative claims.

11.    Do I need to file a Proof of Claim or will I automatically be paid for the outstanding prepetition amount(s) that I am owed by the Debtors?

You should file a Proof of Claim if you believe you have an unpaid claim against the Debtor(s) that arose before September 18, 2017, and this claim is not listed in the Debtor's Schedules of Assets and Liabilities (the “Schedules”) (or is listed with certain qualifications).  If you have an unpaid claim that (i) is not listed in the Debtors’ Schedules or (ii) is listed in the Schedules, but is listed and qualified as “unliquidated,” “contingent” and/or “disputed” and do not file a Proof of Claim by the Bar Date, you may not be entitled to receive any payment on your claim.

The decision to file a Proof of Claim is a legal decision. Neither the Debtors, the Committee, their advisors in these Chapter 11 proceedings, Prime Clerk nor JND is permitted to advise or assist you in this process.  Rather, it is a decision you must make on your own.  To the extent necessary, it is recommended you seek your own legal counsel in making this decision.

12.   How will I know if my claim has been approved or disallowed?

Your Proof of Claim will be considered an allowed claim on the official claims register unless Debtor’s counsel files a claim objection regarding your Proof of Claim.  The objection will be filed with the Court and you will receive notification via first-class mail at the address listed on your Proof of Claim form.  To contest the objection, the Claimants must file a written response to the objection with the Bankruptcy Court.  The claim objection may seek to modify or expunge your claim from the claims register.

13.   Have the Debtors filed any chapter 11 plan(s) or disclosure statement(s)?

Not as of the date herein.

14.   How long will the TRU Cases take?

There is no specific time estimate for the TRU Cases.  Large bankruptcy cases, such as these, can take many months (and in some cases years) to complete.

15.   Who is the judge presiding over the TRU Cases?

The TRU Cases are assigned to the Honorable Keith Phillips, United States Bankruptcy Judge for the Eastern District of Virginia.

16.   Where can I go for more information?

If you need additional information beyond the scope of these FAQs please contact the JND team at 855-612-3123 or by email at toyscommitteeinfo@jndla.com.

Again, Neither the Debtors, the Committee, their advisors in these Chapter 11 proceedings, Prime Clerk nor JND are permitted to provide you with legal advice. The decision whether or not to file a Proof of Claim amounts to legal advice. It is recommended you seek your own legal counsel.

DEBTORS
Calendar
Date Time Description Documents
9/18/2017   Petition Date Voluntary Petitions
9/19/2017 11:00 a.m. ET First Day Hearing First Day Motions
12/6/2017 10:00 a.m. ET Meeting of Creditors  
4/6/2018 5:00 p.m. ET General Claims Bar Date Amended Bar Date Order
6/18/2018 5:00 p.m. ET Governmental Bar Date Amended Bar Date Order
7/16/2018 5:00 p.m. ET Administrative Claims Bar Date (1) Administrative Claims Bar Date Order

(1) Applicable to administrative claims arising on or prior to June 30, 2018. For administrative claims arising after June 30, 2018, see paragraph 5(b) of the Administrative Claims Bar Date Order.

Court Docket
CREDITORS' COMMITTEE FILED PLEADINGS

 

2926 4/30/2018 Certificate of Service (Re: related document(s)[2814] Statement filed by Official Committee of Unsecured Creditors) filed by Olga Antle of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Antle, Olga)
2867 4/26/2018 Motion to Appear Pro Hac Vice of Nathaniel Allard filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
2814 4/23/2018 Supplemental Statement of Official Committee of Unsecured Creditors in Response to Debtors' North American DIP Amendment and Wind Down Budget Motion (Re: related document(s)[2618] Statement filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
2751 4/17/2018 Certificate of Service (Re: related document(s)[2618] Statement filed by Official Committee of Unsecured Creditors) filed by Olga Antle of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Antle, Olga)
2618 4/10/2018 Statement of Official Committee of Unsecured Creditors in Response to Debtors' North American DIP Amendment and Wind Down Budget Motion (Re: related document(s)[2189] Motion to Authorize filed by Toys "R" Us, Inc.) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
2527 4/4/2018 Certificate of Service (Re: related document(s)[2461] Order Directing, [2463] Order Directing, [2465] Order Directing) filed by Joshua David Stiff of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Stiff, Joshua)
2408 3/26/2018 Certificate of Service (Re: related document(s)[2218] Objection to Motion/Application filed by Official Committee of Unsecured Creditors) filed by Joshua David Stiff of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Stiff, Joshua)
2218 3/19/2018 Limited Objection to and Reservation of Rights of Official Committee of Unsecured Creditors with Respect to Debtors' Wind Down Motion (Re: related document(s)[2050] Motion to Authorize filed by Toys "R" Us, Inc.) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1937 3/6/2018 Notice of Withdrawal of Appearance (Re: related document(s)[1213] Order on Motion to Appear Pro Hac Vice) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1705 2/5/2018 Certificate of Service (Re: related document(s)[1464] Statement filed by Official Committee of Unsecured Creditors, [1472] Statement filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1555 1/22/2018 Reply to -Official Committee of Unsecured Creditors in Support of Debtors' Motion for Entry of an Order (I) Authorizing the Debtors to Provide Consideration to Landlords in Exchange for Extending the Section 365(d)(4) Deadline, (II) Approving the Extension Letter, and (III) Granting Related Relief (Re: related document(s)[1450] Motion to Authorize filed by Toys "R" Us, Inc.) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1513 1/17/2018 Certificate of Service (Re: related document(s)[1452] Application to Employ filed by Official Committee of Unsecured Creditors, [1453] Notice of Motion and Notice of Hearing filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1511 1/17/2018 Motion to Expedite Hearing on Motion of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing the Committee to Redact and File Certain Confidential Information Under Seal (Related Document(s)[1510] Motion to File Documents(s) Under Seal filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1510 1/17/2018 Motion to File Document(s) Under Seal Motion of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing the Committee to Redact and File Certain Confidential Information Under Seal (Related Document(s)[1509] Objection to Motion/Application filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1509 1/17/2018 Objection to (I) Debtor Toys "R" Us, Inc.'s Application to Employ Ducera Partners LLC as its Financial Advisor, and (II) Debtors TRU Taj LLC and TRU Taj Finance, Inc.'s Application to Employ Centerview Partners LLC as their Financial Advisor (Re: related document(s)[1410] Application to Employ filed by Toys "R" Us, Inc., [1413] Application to Employ filed by TRU Taj Finance, Inc., TRU Taj LLC) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1472 1/11/2018 Statement - Notice of Subpoena filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1464 1/10/2018 Statement - Notice of Subpoena filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1453 1/9/2018 Notice of Motion and Notice of Hearing- Notice of and Notice of Hearing on Application of the Official Committee of Unsecured Creditors, Pursuant to Sections 328 and 1103 of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 2014 for an Order Approving the Retention and Employment of Bennett Jones LLP as Canadian Counsel to the Committee Nunc Pro Tunc to January 3, 2018 (Re: related document(s)[1452] Application to Employ filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. Hearing scheduled for 1/23/2018 at 11:00 AM at Judge Phillips' Courtroom, 701 E. Broad St., Rm. 5100, Richmond, Virginia. (Speckhart, Cullen)
1452 1/9/2018 Application to Employ Bennett Jones LLP as Attorney - Application of the Official Committee of Unsecured Creditors, Pursuant to Sections 328 and 1103 of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 2014 for an Order Approving the Retention and Employment of Bennett Jones LLP as Canadian Counsel to the Committee Nunc Pro Tunc to January 3, 2018 filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1449 1/9/2018 Statement - Notice of First Supplemental Declaration of Matthew Diaz in Support of the Application Authorizing the Employment and Retention of FTI Consulting, Inc. as Financial Advisor to the Official Committee of Unsecured Creditors Nunc Pro Tunc to September 26, 2017 (Re: related document(s)[1448] Declaration filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1448 1/9/2018 Supplemental Declaration - First Supplemental Declaration of Matthew Diaz in Support of the Application Authorizing the Employment and Retention of FTI Consulting, Inc. as Financial Advisor to the Official Committee of Unsecured Creditors Nunc Pro Tunc to September 26, 2017 (Re: related document(s)[869] Application to Employ filed by Official Committee of Unsecured Creditors, [1078] Order on Application to Employ) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1409 1/2/2018 Notice of Hearing -Notice of and Notice of Hearing on Application (Re: related document(s)[1408] Application to Employ filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. Hearing scheduled for 1/23/2018 at 11:00 AM at Judge Phillips' Courtroom, 701 E. Broad St., Rm. 5100, Richmond, Virginia. (Speckhart, Cullen)
1408 1/2/2018 Application to Employ Berwin Leighton Paisner LLP as Special Foreign Counsel Nunc Pro Tunc to December 4, 2017 filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1394 12/31/2017 Certificate of Service (Re: related document(s)[1297] Reply to Motion/Application filed by Official Committee of Unsecured Creditors, [1298] Statement filed by Official Committee of Unsecured Creditors, [1299] Statement filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1298 12/18/2017 Statement - Notice of Filing of Revised Proposed Order Granting Application of the Official Committee of Unsecured Creditors for Entry of an Order (A) Authorizing the Committee to Retain JND Corporate Restructuring as Information Agent Nunc Pro Tunc to November 21, 2017 and (B) Granting Related Relief (Re: related document(s)[1164] Application to Employ filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1297 12/18/2017 Reply to - The Official Committee of Unsecured Creditors' Reply in Further Support of its Motion for an Order Pursuant to Bankruptcy Rule 2004 (Re: related document(s)[1162] Motion for 2004 Examination filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1207 12/11/2017 Certificate of Service (Re: related document(s)[1162] Motion for 2004 Examination filed by Official Committee of Unsecured Creditors, [1164] Application to Employ filed by Official Committee of Unsecured Creditors, [1165] Motion to Approve filed by Official Committee of Unsecured Creditors, [1166] Notice of Motion and Notice of Hearing filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1193 12/8/2017 Certificate of Service (Re: related document(s)[1131] Statement filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1179 12/6/2017 Motion to Appear Pro Hac Vice --Claudia Pak filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1178 12/6/2017 Motion to Appear Pro Hac Vice --Natan M. Hamerman filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1177 12/6/2017 Motion to Appear Pro Hac Vice --Kurt M. Denk filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1176 12/6/2017 Motion to Appear Pro Hac Vice --Steven S. Sparling filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1175 12/6/2017 Motion to Appear Pro Hac Vice --Daniel B.Goldman filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1166 12/6/2017 Notice of Motion and Notice of Hearing (Re: related document(s)1162 Motion for 2004 Examination filed by Official Committee of Unsecured Creditors, 1165 Motion to Approve filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. Hearing scheduled for 12/19/2017 at 02:00 PM at Judge Phillips' Courtroom, 701 E. Broad St., Rm. 5100, Richmond, Virginia. (Speckhart, Cullen)
1165 12/5/2017 Motion to Approve -Motion of the Official Committee of Unsecured Creditors to (A) Clarify Requirement and Establish Information Sharing Procedures, and (B) Obtain Related Relief filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1164 12/5/2017 Application to Employ JND Corporate Restructuring as Information Agent to the Official Committee of Unsecured Creditors Nunc Pro Tunc to November 21, 2017 filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
1162 12/5/2017 Motion for 2004 Examination -Motion by the Official Committee of Unsecured Creditors for an Order Pursuant to Bankruptcy Rule 2004 Authorizing the Issuance of Document Requests, Notices or Subpoenas for the Production of Documents and the Provision of Testimony by the Debtors and Others filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit A-Proposed Order) (Speckhart, Cullen)
1122 12/1/2017 Notice of Rescheduled Hearing (Re: related document(s)867 Application to Employ filed by Official Committee of Unsecured Creditors, 1017 Hearing continued) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. Hearing scheduled for 12/5/2017 at 12:00 PM at Judge Phillips' Courtroom, 701 E. Broad St., Rm. 5100, Richmond, Virginia. (Attachments: # 1 Exhibit(s) A # 2 Exhibit(s) B)(Speckhart, Cullen)
1116 11/30/2017 Amended Declaration -Amended Supplemental Declaration of Cullen D. Speckhart in Support of Application of the Official Committee of Unsecured Creditors Under 11 U.S.C. 1103, Fed. R. Bankr. P. 2014 and Local Bankruptcy Rule 2014-1, For Order Authorizing Retention and Employment of Wolcott Rivers Gates, P.C. as Local Co-Counsel (Re: related document(s)968 Reply to Motion/Application filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
989 11/16/2017 Motion to Appear Pro Hac Vice --P. Bradley O'Neill filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
985 11/15/2017 Statement - Notice of Filing of Revised Proposed Order Authorizing Retention of FTI Consulting As Financial Advisor for the Official Committee of Unsecured Creditors (Re: related document(s)869 Application to Employ filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit A # 2 Exhibit B)(Speckhart, Cullen)
981 11/15/2017 Statement - Notice of Filing of Revised Proposed Order Granting Application of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing Employment and Retention of Moelis & Company LLC as Its Investment Banker and For Related Relief (Re: related document(s)868 Application to Employ filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit A # 2 Exhibit B)(Speckhart, Cullen)
979 11/15/2017 Notice of Motion and Notice of Hearing (Re: related document(s)976 Motion to Quash filed by Official Committee of Unsecured Creditors, 977 Motion to Expedite Hearing filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. Hearing scheduled for 11/16/2017 at 02:00 PM at Judge Phillips' Courtroom, 701 E. Broad St., Rm. 5100, Richmond, Virginia. (Speckhart, Cullen)
977 11/15/2017 Motion to Expedite Hearing (Related Document(s)976 Motion to Quash filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
976 11/15/2017 Emergency Motion to Quash - Emergency Motion of the Official Committee of Unsecured Creditors to Quash, Or In The Alternative, For a Protective Order Concerning Subpoenas Served by Tavenner & Beran (Related Document(s)867 Application to Employ filed by Official Committee of Unsecured Creditors, 968 Reply to Motion/Application filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
973 11/15/2017 Supplemental Declaration of Barak Klein in Support of Application of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing Employment and Retention of Moelis & Company as Its Investment Banker and for Related Relief (Re: related document(s)868 Application to Employ filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
968 11/15/2017 Reply to - The Official Committee of Unsecured Creditors' (I) Reply in Support of Application for Order Authorizing Retention and Employment of Wolcott Rivers Gates as Its Local Co-Counsel; and (II) Request for Reimbursement of Attorneys' Fees and Costs (Re: related document(s)867 Application to Employ filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit A - Supplemental Declaration of Cullen D. Speckhart # 2 Exhibit B) (Speckhart, Cullen)
900 11/9/2017 Certificate of Service (Re: related document(s)866 Application to Employ filed by Official Committee of Unsecured Creditors, 867 Application to Employ filed by Official Committee of Unsecured Creditors, 868 Application to Employ filed by Official Committee of Unsecured Creditors, 869 Application to Employ filed by Official Committee of Unsecured Creditors, 870 Notice of Hearing filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
870 11/2/2017 Notice of Hearing - Notice of Applications and Notice of Hearing (Re: related document(s)866 Application to Employ filed by Official Committee of Unsecured Creditors, 867 Application to Employ filed by Official Committee of Unsecured Creditors, 868 Application to Employ filed by Official Committee of Unsecured Creditors, 869 Application to Employ filed by Official Committee of Unsecured Creditors) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. Hearing scheduled for 11/16/2017 at 02:00 PM at Judge Phillips' Courtroom, 701 E. Broad St., Rm. 5100, Richmond, Virginia. (Speckhart, Cullen)
869 11/2/2017 Application to Employ FTI Consulting, Inc. as Financial Advisor to the Official Committee of Unsecured Creditors Nunc Pro Tunc to September 26, 2017 filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
868 11/2/2017 Application to Employ Moelis & Company LLC as Investment Banker Nunc Pro Tunc to October 2, 2017 filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
867 11/2/2017 Application to Employ Wolcott Rivers Gates as Local Co-Counsel to the Official Committee of Unsecured Creditors Nunc Pro Tunc to October 2, 2017 filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
866 11/2/2017 Application to Employ Kramer Levin Naftalis & Frankel LLP as Counsel to the Official Committee of Unsecured Creditors Nunc Pro Tunc to September 26, 2017 filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
659 10/23/2017 Statement - Statement of Official Committee of Unsecured Creditors in Response to (I) Debtors' Motions Seeking Authority to Obtain Postpetition Financing and Related Relief and (II) Certain Other "First Day" Motions (Re: related document(s)29 Motion to Approve filed by Toys "R" Us, Inc., 32 Motion to Approve filed by Toys "R" Us, Inc.) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
562 10/17/2017 Motion to Appear Pro Hac Vice --Kenneth H. Eckstein filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit B) (Speckhart, Cullen)
558 10/16/2017 Motion to Appear Pro Hac Vice --Adam C. Rogoff filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit B-Application) (Speckhart, Cullen)
557 10/16/2017 Motion to Appear Pro Hac Vice --David E. Blabey, Jr., filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit B-Application) (Speckhart, Cullen)
556 10/16/2017 Motion to Appear Pro Hac Vice --Gregory A. Horowitz filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit B-Application) (Speckhart, Cullen)
555 10/16/2017 Motion to Appear Pro Hac Vice --Rachael Ringer filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit B-Application) (Speckhart, Cullen)
554 10/16/2017 Motion to Appear Pro Hac Vice --Robert Schmidt filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit B-Application) (Speckhart, Cullen)
553 10/16/2017 Motion to Appear Pro Hac Vice --Stephen D. Zide filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Attachments: # 1 Exhibit B-Application) (Speckhart, Cullen)
367 10/6/2017 Notice of Appearance and Request for Notice and Service of Papers filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of Official Committee of Unsecured Creditors. (Speckhart, Cullen)
271 10/2/2017 Notice of Withdrawal of Appearance (Re: related document(s)46 Notice of Appearance filed by LEGO Systems, Inc.) filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of LEGO Systems, Inc.. (Speckhart, Cullen)
60 9/19/2017 Motion to Appear Pro Hac Vice of Kelly DiBlasi filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of LEGO Systems, Inc.. (Attachments: # 1 Exhibit B-Application) (Speckhart, Cullen)
59 9/19/2017 Motion to Appear Pro Hac Vice of Matthew S. Barr filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of LEGO Systems, Inc.. (Attachments: # 1 Exhibit B-Application) (Speckhart, Cullen)
46 9/19/2017 Notice of Appearance and Request for Service of Papers filed by Cullen Drescher Speckhart of Wolcott Rivers Gates on behalf of LEGO Systems, Inc.. (Speckhart, Cullen)
Contact Info

 

COUNSEL TO THE OFFICIAL COMMITTEE            
OF UNSECURED CREDITORS
KRAMER LEVIN NAFTALIS & FRANKEL LLP        
1177 Avenue of the Americas
New York, New York 10036
Telephone: 212-715-9100
Fax: 212-715-8000
Rachael Ringer, Esq.  (RRinger@kramerlevin.com)
Nathaniel Allard, Esq.  (NAllard@kramerlevin.com)
Rama Douglas, Esq. (RDouglas@kramerlevin.com)

 

LOCAL COUNSEL TO THE OFFICIAL
COMMITTEE OF UNSECURED CREDITORS
Cullen D. Speckhart, Esq.
WOLCOTT RIVERS GATES
919 E. Main Street, Suite 2010
Richmond, VA 23219
Telephone: 757-497-6633

OFFICE OF THE UNITED STATES TRUSTEE
Shannon Pecoraro, Esq.
OFFICE OF THE U.S. TRUSTEE - REGION 4
701 East Broad Street, Suite 4304
Richmond, VA 23219
Telephone: 804-771-2310
Fax: 804-771-2330
 

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