OAN Resources Ltd. (the “Company”) failed to file a proposal by the most recent deadline imposed by the Court of Queen’s Bench of Alberta (the “Court”). Consequently, the Company was deemed to have made an assignment into bankruptcy as of October 16, 2019. A copy of the Certificate of Assignment issued by the Office of the Superintendent of Bankruptcy can be found below.
Hardie & Kelly Inc. has been appointed as trustee of the bankrupt estate (the “Trustee”).
Pursuant to section 69.3(1) of the Bankruptcy and Insolvency Act (the “BIA”), creditors are prohibited from continuing or commencing any actions or exercising any rights against the Company except with leave of the Court.
The Court has agreed that the Trustee’s application seeking to approve the sale of OAN’s assets will proceed by way of desk application given the urgency of the matter arising from the limited funds in the bankrupt estate and the risk to the Orphan Well Association should the sale not proceed. If any party has any concerns, kindly advise the Trustee by noon on Monday, March 23, 2020.
- Application re: Sale Approval and Vesting Order (unfiled)
- First Report of the Trustee – March 16, 2020 (unfiled)
The Trustee had engaged Sayer Energy Advisors (“Sayer”) as its sales agent to market the oil and gas interests of the Company. A copy of the Sale Solicitation Process document outlining the terms and conditions of the sales process and Sayer’s mailer summarizing the opportunity can be found below:
Additional information in respect of the offering can be obtained from the link to Sayer’s website below. The deadline for offers to be submitted to Sayer was February 13, 2020 at 12:00 P.M. MST.
Interested parties should contact Ben Rye or Tom Pavic, of Sayer, at 403-266-6133.
First Meeting of Creditors
The first meeting of creditors was held on November 8, 2019 at 10:00 a.m. Notice of the meeting of creditors, Statement of Affairs, Proof of Claim form and form of Proxy are included in the creditor package below.
NOTICE OF INTENTION TO MAKE A PROPOSAL PROCEEDING
On June 14, 2019, the Company filed a Notice of Intention to Make a Proposal (the “NOI”) pursuant to the BIA. Hardie & Kelly Inc. was appointed as the trustee in respect of the proposal proceedings (the “Proposal Trustee”).
On August 27, 2019, the Court granted an Order further extending the time in which the Company must file a proposal through to October 12, 2019; however, the Company failed to do so and was deemed to have made an assignment into bankruptcy on October 16, 2019.
The NOI and related documents can be found below in the Initial Notification to Creditors package.
- Application re: Extension of Stay – filed June 28, 2019
- Affidavit of David Fricker – filed June 28, 2019
- Bench Brief of the Applicant re: Application for Extension of Stay – filed July 2, 2019
- Application for Second Extension of Stay – filed August 19, 2019
- Affidavit of David Fricker – filed August 19, 2019
- Brief of OAN Resources Ltd. re: Application for Second Extension – filed August 21, 2019
Proposal Trustee Reports
- Consent Order re: Builders’ Lien – June 21, 2019
- Order re: Extension of Time to File Proposal and Critical Suppliers – July 8 2019
- Consent Order re: Builders’ Lien – July 31, 2019
- Order re: Extension of Time to File Proposal – August 26, 2019
- Consent Order re: Builders’ Lien – October 23, 2019
Contact person for the Trustee – Marc Kelly at 403-536-8510 or firstname.lastname@example.org