Quattro Exploration and Production Ltd.
Status update as as December 13, 2018
On December 13, 2018, the Court of Queen’s Bench of Alberta (the “Court”) granted an order discharging Hardie & Kelly Inc. as receiver and manager (the “Receiver”) of Quattro Exploration and Production Ltd. (the “Company” or “Quattro”). A copy of the Order for Discharge can be found below under the section entitled “Court Orders”.
There proved to be no funds available for distribution to creditors.
RECEIVERSHIP PROCEEDING
On February 2, 2017, the Court of granted an order (the “Receivership Order”) placing Quattro into receivership. Hardie & Kelly Inc. has been appointed as the “Receiver of the Company. A copy of the Receivership Order can be found below under the section entitled “Court Orders”.
The Receivership Order provides for a stay of proceedings such that creditors are prohibited from continuing or commencing any actions or exercising any rights against Quattro and or Quattro’s assets for payment of goods and services supplied to prior to February 2, 2017 absent seeking leave of the Court. The Receivership Order further provides that suppliers of goods and services are restrained from discontinuing the provision of goods or services to the Receiver absent leave of the Court.
Contact individual for the Receiver – Jerri Beauchamp at 403-536-8503 or jbeauchamp@insolvency.net
Operational Contact Information
The Receiver has retained Veracity Energy Services Inc. (“Veracity”) to assist with the day-to-day management and operations of Quattro’s assets. Inquiries associated with day-to-day field operations can be directed to Veracity at 403-537-1300.
Court Filings
- Application re: Appointment of Receiver – February 2, 2017
- Application re: Sale Process Procedure and Engagement of Sales Advisor – April 3, 2017
- Affidavit of Verification of Marc Kelly – April 3, 2017
- Application re: Bankruptcy Order – April 3, 2017
- Application re: Advice and Direction – filed May 1, 2017
- Application re: Approval of Sales – filed August 4, 2017
- Affidavit of M. Schmitke – August 4, 2017
- Application re: Declaratory and Remedial Relief – filed August 8, 2017
- Application re: Approval of Sales – filed September 5, 2017
- Affidavit of R. Lastockin – September 13, 2017
- Application re: Approval of Sales – filed October 6, 2017
- Application re: Approval of Sales – filed November 17, 2017
- Application re: Approval of Sales – filed January 15, 2018
- Application re: Approval of Sale – filed April 13, 2018
- Statement of Claim re: Declaratory and Remedial Relief – filed August 7, 2018
- Supplemental Affidavit of R. Lastockin – August 9, 2018
- Application re: Discharge – filed October 12, 2018
- Second Supplemental Affidavit of R. Lastockin – October 15, 2018
- Application for Dismissal – filed October 18, 2018
- Brief of the Receiver re: Application for Dismissal – filed October 18, 2018
- Index to Compendium of Materials Relied Upon by the Receiver re: Application for Dismissal
- Brief of Applicants re: Declaratory and Remedial Relief – Part 1
- Brief of Applicants re: Declaratory and Remedial Relief – Part 2
- Responding Brief re: Security for Costs
- Amended Application for Discharge – filed December 3, 2018
Court Orders
- Receivership Order – February 2, 2017
- Order re: Approval of Sales Process – April 12, 2017
- Bankruptcy Order – April 12, 2017
- Order re: Advice and Direction – May 9, 2017
- Order re: Advice and Direction – May 24, 2017
- Sale Approval & Vesting Order (Altura Energy Inc.) – August 14, 2017
- Sale Approval & Vesting Order (Tamarack Acquisition Corp.) – August 14, 2017
- Sale Approval & Vesting Order (Avila Investments Ltd.) – August 14, 2017
- Sale Approval & Vesting Order (Sojourn Energy Inc.) – August 14, 2017
- Sale Approval & Vesting Order (Proton Technologies Canada Inc.) – August 14, 2017
- Sale Approval & Vesting Order (Original Oil Inc.) – August 14, 2017
- Order re: Preservation of Position – September 14, 2017
- Sale Approval & Vesting Order (Ember Resources Inc.) – September 14, 2017
- Sale Approval & Vesting Order (Brentwood Energy Corp. #1) – September 14, 2017
- Sale Approval & Vesting Order (Brentwood Energy Corp. #2) – September 14, 2017
- Sale Approval & Vesting Order (TimberRock Energy Corp.) – October 16, 2017
- Sale Approval & Vesting Order (Kelt Exploration (LNG) Ltd.) – October 16, 2017
- Sale Approval & Vesting Order (Birchcliff Energy Ltd.) – October 16, 2017
- Sealing Order re: Confidential Fifth Report and Supplement to the Fifth Report of the Receiver – October 16, 2017
- Sale Approval and Vesting Order (Sitka Exploration Ltd.) – November 28, 2017
- Sale Approval and Vesting Order (Supreme Energy Inc.) – November 28, 2017
- Sealing Order re: Confidential Sixth Report – November 28, 2017
- Sale Approval & Vesting Order (Avila Exploration and Development Canada Ltd.) – January 23, 2018
- Sale Approval & Vesting Order (Vesta Energy Ltd.) – January 23, 2018
- Sealing Order re: First and Second Confidential Supplements to the Seventh Report of the Receiver – January 23, 2018
- Sale Approval & Vesting Order (Tallahassee Exploration Inc.) – April 24, 2018
- Sealing Order and Directions re: Uncashed Royalty Cheques – April 24, 2018
- Order re: Dismissal of Application – October 25, 2018
- Order for Discharge – December 13, 2018
Receiver’s Reports
- First Report of the Receiver – April 3, 2017
- Second Report of the Receiver – May 1, 2017
- Supplement to Second Report of the Receiver- May 2, 2017
- Third Report of the Receiver – August 3, 2017
- Fourth Report of the Receiver – September 5, 2017
- Fifth Report of the Receiver – October 6, 2017
- Supplement to the Fifth Report of the Receiver – October 11, 2017
- Sixth Report of the Receiver – November 17, 2017
- Seventh Report of the Receiver – January 15, 2018
- Eighth Report of the Receiver – April 12, 2018
- Ninth Report of the Receiver – Oct 12, 2018
- Supplement to Ninth Report of the Receiver – December 3, 2018
Closing Certificates
- FILED Receiver’s Certificate re Altura Energy Inc.
- FILED Receiver’s Certificate re Tamarack Aquisition Corp.
- FILED Receiver’s Certificate re Avila Investments Ltd.
- FILED Receiver’s Certificate re Proton Technologies Canada Inc.
- FILED Receiver’s Certificate re Original Oil Inc.
- FILED Receiver’s Certificate re Sojourn Energy Inc.
- FILED Receiver’s Certificate re Ember Resources Inc.
- FILED Receiver’s Certificate re Brentwood Energy Corp. #1
- FILED Receiver’s Certificate re Brentwood Energy Corp #2
- FILED Receiver’s Certificate re Kelt Exploration (LNG) Ltd.
- FILED Receiver’s Certificate re TimberRock Energy Corp.
- FILED Receiver’s Certificate re Birchcliff Energy Ltd.
- FILED Receiver’s Certificate re Sitka Exploration Ltd.
- FILED Receiver’s Certificate re Supreme Energy Inc.
- FILED Receiver’s Certificate re Avila Exploration and Development Canada Ltd.
- FILED Receiver’s Certificate re Tallahassee Exploration Inc.
Notices of Renunciation
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BANKRUPTCY PROCEEDING
On April 12, 2017, a the Court granted a Bankruptcy Order adjudging Quattro a bankrupt. Hardie & Kelly Inc. was appointed as trustee of the bankrupt estate (the “Trustee”).
The first meeting of creditors (the “FMOC”) was held on May 17, 2017. A copy of the Trustee’s Preliminary Report to Creditors presented at the FMOC can be found below:
Copies of the relevant documents necessary for creditors to file a claim with the Trustee are as follows:
- Cover letter to creditors
- Notice of Bankruptcy (Form 68)
- Preliminary Statement of Affairs (Form 78)
- Proof of Claim (Form 31)
- Proxy (Form 36)
For further information, please contact Jerri Beauchamp at 403-536-8503 or jbeauchamp@insolvency.net
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COMPANIES’ CREDITORS ARRANGEMENT ACT PROCEEDING
On September 8, 2016, upon the application of Quattro , the Court had granted an Initial Order transferring Quattro’s restructuring proceedings originally commenced under the Bankruptcy & Insolvency Act (the “BIA”) to the Companies’ Creditors Arrangement Act (the “CCAA”). Hardie & Kelly Inc. was appointed as the monitor under the CCAA proceedings (the “Monitor”).
The Initial Order provided for the continuation of a stay of proceedings through to October 8, 2016 such that claims against Quattro for payment of goods and services supplied to Quattro prior to August 10, 2016, the date of filing of the Notice of Intention to Make a Proposal (“NOI”) under the BIA, continue to be suspended and creditors are still prohibited from continuing or commencing any actions or exercising any rights against the Company except with leave of the Court.
Claims Procedure Update as at February 2, 2017
Pursuant to the terms of the Receivership Order, the Claims Procedure has been suspended. Neither the Receiver, the Monitor nor any claimants shall have any further obligation or requirement to continue with the determination or resolution of any claims filed pursuant to the Claims Procedure Order.
Claims Procedure and Claims Package
Pursuant to the terms of the Receivership Order, the Claims Procedure has been suspended.
On November 23, 2016, the Court granted a Claims Procedure Order, whereby both Pre-Filing and Subsequent Creditors (as defined in the Claims Procedure Order) are required to submit Claims by 5:00 MT December 21, 2016 (the “Claims Bar Date”), or, in the case of Subsequent Creditors, the later of the Claims Bar Date and 15 days from the date the Monitor sends them a Claims Package. The Monitor has prepared a Claims Package in accordance with the Claims Procedure Order. A copy of the Claims Package can be found below:
- Monitor’s Cover Letter to Creditors re: Claims Package – November 23, 2016
- Notice to Creditors
- Proof of Claim Form
- Instruction Letter
- Order re: Claims Procedure – November 23, 2016
Claims Procedure Update – On January 5, 2017, the Court granted an Order extending the time for which the Monitor shall notify creditors by way of the issuance of Notices of Revision or Disallowance to those creditors having filed claims by the Claims Bar Date to January 23, 2017.
Court Orders
- Initial Order – September 8, 2016
- Order re: Extension of Stay – October 7, 2016
- Order re: Extension of Stay – November 23, 2016
- Order re: Claims Procedure – November 23, 2016
- Order re: Amending Interim Financing Agreement – November 23, 2016
- Order re: Extension of Stay – December 14, 2016 (pending)
- Sale Approval and Vesting Order – December 14,2016
- Order re: Stay Extension and Sealing – January 3, 2017
- Order re: Extension of Stay, Sealing, Amending Interim Financing and Amending Claims Procedure – January 5, 2017
- Receivership Order – February 2, 2017
Court Filings
- Originating CCAA Application returnable September 8, 2016
- Affidavit of Leonard B. Van Betuw – September 2, 2016
- Affidavit of Leonard B. Van Betuw – September 2, 2016 – Exhibits “A” to “D”
- Affidavit of Leonard B. Van Betuw – September 2, 2016 – Exhibits “E” to “H”
- Affidavit of Leonard B. Van Betuw – September 2, 2016 – Exhibits “I” to “M”
- Affidavit of Leonard B. Van Betuw – September , 2016 – Exhibits “N” to “T”
- Application re: Extension of Stay of Proceedings – September, 27-2016
- Affidavit of Leonard B. Van Betuw -September 27, 2016
- Supplemental Affidavit of Leonard B. Van Betuw – September 29, 2016
- Application re: Extension of Stay of Proceedings and Claims Process – November 15, 2016
- Affidavit of Leonard B. Van Betuw – November 15, 2016
- Supplemental Affidavit of Leonard B. Van Betuw – November 16, 2016
- Application re: Extension of Stay and Approval and Vesting Order – December 9, 2016
- Affidavit of Leonard B. Van Betuw – December 9, 2016
- Application re: Extension of Stay – December 23, 2016
- Affidavit of Leonard B. Van Betuw – December 23, 2016
- Affidavit of Derek Church – December 29, 2016
- Application re: Appointment of Receiver and Manager – December 30, 2016
- Supplemental Affidavit of Leonard B. Van Betuw – January 5, 2017
- Application re: Appointment of Receiver – February 2, 2017
Monitor’s Reports and Correspondence
- Proposed Monitor’s Report – September 6, 2016
- Monitor’s Initial Letter to Creditors – September 13, 2016
- Listing of Creditors
- First Report of Monitor – September 30, 2016
- Second Report of Monitor – November 4. 2016
- Third Report of Monitor – November 17, 2016
- Fourth Report of Monitor – December 12, 2016
- Fifth Report of Monitor – December 30, 2016
- Supplement to the Fifth Report of the Monitor – January 4, 2017
- Sixth Report of Monitor – February 1, 2017
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NOTICE OF INTENTION TO MAKE A PROPOSAL PROCEEDING
On August 10, 2016, Quattro had originally filed an NOI (the “Proposal Proceedings”). Hardie & Kelly Inc. had been appointed as Trustee under the proposal proceedings (the “Proposal Trustee”). The Initial Order granted in the CCAA proceeding on September 8, 2016 provided for the termination of the Proposal Proceedings and the discharge of the Proposal Trustee.
The NOI and related documents can be found below in the Initial Creditor Notification package.