Loading...
HomeMy WebLinkAboutNCGNE1045_Bunkruptcy Document_20231004 Case 23-11385-LSS Doc 99 Filed 09/21/23 Page 1 of 2 1 Debtor The Mitchell Gold Co.,LLC,et al. EIN 56-1678942(plus see below) Name Date case filed for chapter 11 8/31/2023&9/6/2023 United States Bankruptcy Court for the District of Delaware ' Case number: 23-11385(LSS)(lointly administered) Date case converted to chapter N/A Official Form 309F1 (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Cases 10/20 For the debtor listed above and each of the debtors listed below under"Jointly Administered Cases,"a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has been entered. This notice has important information about the case for creditors,debtors,and trustees,including information about the meeting of creditors and deadlines. Read both pages carefully. The filing of the case imposed an automatic stay against most collection activities.This means that creditors generally may not take action to collect debts from the debtor or the debtor's property. For example,while the stay is in effect,creditors cannot sue,assert a deficiency,repossess property,or otherwise try to collect from the debtor. Creditors cannot demand repayment from the debtor by mail,phone,or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney's fees. Confirmation of a chapter 1 I plan may result in a discharge of debt. A creditor who wants to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk's office within the deadline specified in this notice. (See line 1 l below for more information.) To protect your rights,consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below,through Public Access to Court Electronic Records at https:Hl2acer.uscourts.goy,or at https:Hdm.epiq I I.com/case/mgbwhoiiie The staff of the bankruptcy clerk's office cannot give legal advice. Do not file this notice with any proof of claim or other filing in the case. Valid Picture ID is required for access to the J.Caleb Boggs Federal Building. Additionally,Debtor(s)must also present photo ID plus original verification of his/her social security number to the Bankruptcy Trustee. If you do not have a photo ID and/or original verification of your social security number,please contact the Office of the United States Trustee's(302-573-6491). 1. Debtor's full name The Michell Gold Co.,LLC(plus see below for affiliated debtor) 2. All other names used in the last 8 years N/A(see below for affiliated debtor) Jointly Administered Cases: Debtor Name[Other names,if any,used by the Debtor Case No. E1N in the last 8 years appear in brackets and italics] SG-TMGC,LLC 23-11364(LSS) 93-1890248 3. Address 135 One Comfortable Place,Taylorsville,NC 28681 4. Debtor's attorneys: MORRIS,NICHOLS,ARSHT&TUNNELL LLP Robert J.Dehney,Esq. 1201 N.Market Street,16'h Floor,PO Box 1347 Wilmington,Delaware 19899-1347 Telephone:(302)658-9200 Email: rdehne morrisnichols.com Debtors'Claims and Noticing Agent Contact phone: (877)791-0625(U.S./Canada Toll-Free) +1 (503)836-8281(International) If you have questions about this notice, Email: mgbwhome(ct enigglobal.com please contact Epiq Global Website: https://dm.cpigll.com/case/mgbwhome/info Official Form 309F1(For Corporations or Partnerships)Notice of Chapter 11 Bankruptcy Case Page 1 Case 23-11385-LSS Doc 99 Filed 09/21/23 Page 2 of 2 Debtor The Mitchell Gold Co., LLC,et al. Case Number 23-11385 (LSS) 5. Bankruptcy Clerk's Office Hours open: Monday—Friday 8:00 AM—4:00 PM Documents in this case may be filed 824 Market Street,31d Floor at this address. Wilmington,DE 19801 Contact phone 302-252-2900 You may inspect all records filed in this case at this office or online at hul2sa/pacer.uscourts.gov or https://dm.epiq I Lconi/case/mgbwhome/info 6. Meeting of creditors October 13,2023 at 10:00 am(ET) Location:Telephonic The debtor's representative must Dial-in: 1-866-621-135 attend the meeting to be questioned The meeting may be continued or adjourned to a Passcode:7178157# under oath. later date. If so,the date will be on the court docket. Creditors may attend,but are not required to do so. 7. Proof of claim deadline Deadline for filing proof of claim: The Deadline for submitting a proof of claim will be set at a later date and you will receive notice of the deadline. A proof of claim is a signed statement describing a creditor's claim. A proof of claim form may be obtained at www.uscourts.gov or any bankruptcy clerk's office. Your claim will be allowed in the amount scheduled unless: • your claim is designated as disputed,contingent,or unliquidated; • you file a proof of claim in a different amount;or • you receive another notice. If your claim is not scheduled or if your claim is designated as disputed,contingent,or unliquidated,you must file a proof of claim or you might not be paid on your claim and you might be unable to vote on a plan. You may file a proof of claim even if your claim is scheduled. You may review the schedules at the bankruptcy clerk's office or online at https://pacer.uscourts.gov or https:Hdm.epiq 1 I.com/case/mgbwhome/info Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of claim submits a creditor to the jurisdiction of the bankruptcy court,with consequences a lawyer can explain. For example,a secured creditor who files a proof of claim may surrender important nonmonetary rights,including the right to a jury trial. 8. Exception to discharge If§523(c)applies to your claim and you seek to have it excepted from discharge,you must start a judicial Deadline proceeding by filing a complaint by the deadline stated below. The bankruptcy clerk's office must receive a complaint and Deadline for filing the complaint: To be Determined any required filing fee by the following deadline. 9. Creditors with a foreign If you are a creditor receiving notice mailed to a foreign address,you may file a motion asking the court to address extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have any questions about your rights in this case. 10. Filing a Chapter 11 Chapter I I allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless the court bankruptcy case confirms it.You may receive a copy of the plan and a disclosure statement telling you about the plan,and you may have the opportunity to vote on the plan.You will receive notice of the date of the confirmation hearing, and you may object to confirmation of the plan and attend the confirmation hearing.Unless a trustee is serving,the debtor will remain in possession of the property and may continue to operate its business. 11. Discharge of debts Confirmation of a chapter 11 plan may result in a discharge of debts,which may include all or part of your debt. See 11 U.S.C.§1141(d).A discharge means that creditors may never try to collect the debt from the debtor except as provided in the plan.If you want to have a particular debt owed to you excepted from the discharge and§523(c)applies to your claim,you must start a judicial proceeding by filing a complaint and paying the filing fee in the bankruptcy clerk's office by the deadline. Official Form 309F1(For Corporations or Partnerships)Notice of Chapter 11 Bankruptcy Case Page 2 Case 23-11385-LSS Doc 97 Filed 09/21/23 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 The Mitchell Gold Co., LLC, et al., ' Case No. 23-11385 (LSS) Debtors. (Jointly Administered) 341 Date: October 13,2023 341 Time: 10:00 a.m. NOTICE OF TELEPHONIC SECTION 341 MEETING PLEASE TAKE NOTICE that the meeting of creditors pursuant to 11 U.S.C. §§ 341 and 343 (the "section 341 meeting") in this case, scheduled for Friday, October_13,2023, at 10:00 a.m. (ET)will be held telephonically. J If you are receiving this notice,you have been identified as a party who may be a creditor, i.e. someone who may be owed money by the Debtor. Creditors will receive subsequent notice regarding any deadline for submitting a claim for monies owed, as well as the procedures for doing so. Your telephonic participation in the 341 meeting is not required,is completely optional,and failure to attend will not affect your eligibility to file a claim later. The purpose of the 341 meeting is to provide creditors and parties in interest an opportunity to examine the Debtor's financial affairs. It is not the purpose of the 341 meeting to address the specific circumstances of each creditor. PLEASE FOLLOW the instructions below to ensure a smooth and efficient telephonic section 341 meeting of creditors. • You must use a touch-tone phone. • If you have a choice,use a landline phone, instead of a cell phone. • Dial the call-in number, 1-866-621-1355, and then enter the passcode 7178157,followed by a# sign. • Make the call from a quiet area where there is as little background noise as possible. • Mute your phone and do not speak until the U.S. Trustee counsel asks you to identify yourself or indicates you may ask questions. You will still be able to listen even when your phone is muted. • Unmute your phone when speaking. • When speaking, identify yourself. • Do not put the phone on hold at any time after the call is connected. • Once the meeting of creditors is finished, please hang up. • If you become disconnected before the meeting is finished, please call back. 'The Debtors in these chapter 11 cases,along with the Debtors' federal tax identification numbers are:The Mitchell Gold Co.,LLC(8942)and SG-TMGC,LLC(0248).The Debtors'addresses are,respectively, 135 One Comfortable Place, Taylorsville, North Carolina 28681 and P.O. Box 3417, Little Rock, Arkansas 72203. Case 23-11385-LSS Doc 97 Filed 09/21/23 Page 2 of 2 • The section 341 meeting of creditors will be recorded by the U.S. Trustee. Any other recordings are prohibited. • Neither the U.S. Trustee nor the Debtor may provide legal advice to any creditors. If you have any questions,you may contact Epiq Corporate Restructuring, LLC, by calling the following toll-free numbers: U.S. #: (877) 791-0625,or Non U.S. #: +1 (503) 836- 8281. You may also find additional information at the Debtors' claims agent website: https://dm.epigl Lcom/mgbwhome. Dated: September 21, 2023 ANDREW R. VARA UNITED STATES TRUSTEE REGIONS 3 AND 9 By: /s/Linda J. Casey Linda J. Casey,Esq. Trial Attorney United States Department of Justice Office of the United States Trustee J. Caleb Boggs Federal Building 844 N.King Street, Room 2207, Lockbox 35 Wilmington, DE 19801 E-Mail: linda.casey(a�usdoi.g_ov 2