March 30, 2020
On March 30, 2020, the U.S. Bankruptcy Court issued an Order establishing the deadlines and process for filing claims in Celadon’s U.S. bankruptcy proceedings, including claims against Hyndman Canada. The general deadline for filing Proof of Claim forms is April 30, 2020 at 4:00 p.m. (ET).
Proof of Claim forms must be received by Celadon’s claims and noticing agent on or before April 30, 2020 at 4:00 p.m. (ET). This deadline applies to claims against any of the debtors in Celadon’s U.S. bankruptcy proceedings, including Hyndman Canada and another Canadian company, Celadon Canadian Holdings Limited. Claims must comply substantially with the Proof of Claim form approved by the Court.
The Court also approved a Claims Bar Date Notice, which is to be mailed to known and suspected holders of claims to notify them of the deadlines, and a Publication Notice, which is to be posted in U.S. and Canadian newspapers. The Court ordered that the Publication Notice will constitute effective notice of the deadlines to all creditors. Any creditor who receives actual or constructive notice of the applicable deadline and fails to file a Proof of Claim form will be barred from bringing a claim and may not be entitled to receive a distribution from the debtors.
The Receiver of Hyndman Canada has advised that it does not expect to run a separate claims process in Canada and Celadon is not seeking recognition of the Order in Canada. This is expected to be the only claims process for Canadian creditors of Hyndman Canada. That being said, the Receiver is facilitating the WEPP claim process in Canada and we have been working with them in that regard. In addition, we are also advancing in the Canadian Receivership of Hyndman Canada certain claims of owner/operators totaling about $107,000 (these are amounts that were pre-paid to Hyndman by the owner/operators for fuel, maintenance etc.), but do not know whether they will be paid out by the Receiver.
In subsequent communications, the Receiver has also advised that it does not anticipate that there will be a distribution to ordinary unsecured creditors of any of the debtors in the U.S. bankruptcy proceedings, including Hyndman Canada.
We are reviewing this development and whether a claim should be filed on behalf of all Canadian employees in the U.S. claims process and will update this site in the near future.