NOTICE OF INTENTION TO MAKE A PROPOSAL PROCEEDING
On March 7, 2019, Commerx Corporation (the “Company”) filed a Notice of Intention to Make a Proposal (the “NOI”) pursuant to the Bankruptcy and Insolvency Act (the “BIA”). Hardie & Kelly Inc. has been appointed as the trustee in respect of the proposal proceedings (the “Proposal Trustee”).
S. 69(1) of the BIA provides the Company certain relief including the imposition of an initial 30-day Stay of Proceedings (the “Stay”) against the Company and its assets. Claims against the Company for payment of goods and services supplied to the Company prior to March 7, 2019 are suspended and creditors are prohibited from continuing or commencing any actions or exercising any rights against the Company except with leave of the Court of Queen’s Bench of Alberta (the “Court”).
The NOI and related documents can be found below in the Initial Notification to Creditors package.
On August 16, 2019, Commerx filed its proposal to its creditors (the “Proposal”) . The meeting of creditors (the “Meeting”) to consider the Proposal is scheduled for Friday, September 6, 2019 at 11:00 a.m. at the office of Bennett Jones LLP located at 4500, Bankers Hall East, 855 – 2nd Street SW, Calgary, Alberta.
Attendance at the Meeting is not mandatory; however, in order to participate in the Proposal process and be eligible to receive any distributions contemplated under the Proposal, you must file a Proof of Claim form with the Proposal Trustee prior to the commencement of the Meeting subject to any order of the Court otherwise allowing such claim.
If you are unable or do not wish to attend the Meeting, you may cast your vote by submitting a properly completed Proof of Claim form and Voting Letter to the Proposal Trustee in advance of the Meeting by email to email@example.com, mail or facsimile to 403-640-0591.
A copy of the Proposal, Proof of Claim form, Voting Letter and the Proposal Trustee’s Report on the Proposal are included in the Creditor Package found below.
- Application re: Extension of Time to File Proposal and Stay of Proceedings – filed March 28, 2019
- Affidavit of Robert Kulhawy – filed March 28, 2019
- Application re: Further Extension of Time to File Proposal and Stay of Proceedings – filed May 15, 2019
- Affidavit of Robert Kulhawy – filed May 15, 2019
- Application re: Further Extension of Time to File Proposal and Stay of Proceedings and transfer of shares – filed June 17, 2019
- Affidavit of Robert Kulhawy – filed June 17 2019
Proposal Trustee’s Reports
- First Report of the Proposal Trustee – March 29, 2019
- Second Report of the Proposal Trustee – May 16, 2019
- Third Report of the Proposal Trustee – June 18, 2019
- Order re: Extension of Time to File Proposal and Stay of Proceedings – April 2, 2019
- Order re: Extension of Time to File Proposal and Stay of Proceedings – May 16, 2019
- Order re: Extension of Time to File Proposal and Stay of Proceedings and Litigation Plan schedule – June 19, 2019
Contact for the Proposal Trustee – Marc Kelly at 403-536-8510.