Tarragon Corp. Files First Day Pleadings

As reported earlier, Tarragon Corp. and numerous affiliates filed for bankruptcy today (more details on the bankruptcy filing can be found here).  As is customary in large corporate bankruptcy filings, Tarragon also filed motions and applications for relief from certain bankruptcy code sections and rules in order to allow the companies to continue to operate their businesses.  The following is a list of the companies’ first day pleadings filed thus far (follow the links to view the documents using netDockets):

• Chapter 11 Voluntary Petition
• Application for Designation as a Complex Chapter 11 Case
• Motion for Joint Administration
• Motion to Extend Time to File Missing Schedules
• Motion for an Order Approving Debtors’ Filing of a Consolidated List of Their Thirty (30) Largest Unsecured Creditors
• Motion for Relief from Stay re: to the Extent Applicable, to Allow the Debtors and Third Parties to Continue Pending Arbitration and State Court Proceedings
• Motion for an Order (A) Authorizing the Debtors to Pay or Honor Prepetition Obligations Under Customer Programs; and (B) Authorizing Financial Institutions to Honor All Related Checks and Electronic Payment Requests
• Motion for an Order (A) Authorizing the Debtors to Continue Using Their Existing Cash Management System, Bank Accounts and Business Forms; (B) Authorizing Continued Intercompany Arrangements and Historical Practices; and (C) Waiving the Debtors’ Compliance with Investment Guidelines Under 11 U.S.C. Section 345(b)
• Motion for an Order: (A) Granting Interim Relief Pursuant to 11 U.S.C. Section 366(b); (B) Authorizing the Payment of Adequate Assurance for Postpetition Utility Services; (C) Fixing Final Hearing Date to Determine Adequate Assurance; and (D) Granting Other Related Relief
• Motion for Emergency and Final Orders: (I) Authorizing the Debtors to (A) Satisfy, and to the Extent Applicable, Direct ADP and any Payroll Banks to Honor, Pre-Petition Gross Salaries, Payroll Taxes and Related Employee Benefit Obligations to the Debtors’ Employees and (B) Honor, in their Discretion, Pre-Petition Sick, Vacation and Personal Days; and (II) Granting Other Related Relief
• Motion for Entry of an Order Authorizing the Debtors and their Non-Debtor Affiliates to Continue to Sell Residential Inventory in the Ordinary Course of Business and to Continue to Transfer the Sale Proceeds in Accordance with their Cash Management System
• Motion for Entry of an Order Enforcing the Protections of Section 525(a) of the Bankruptcy Code
• Motion for an Order Establishing Procedures for Sale of Assets
• Motion for an Order Pursuant to Sections 105(a), 362(a)(3) and 541 of the Bankruptcy Code (A) Limiting Certain Transfers of Equity Interests of the Debtors and Claims Against the Debtors and (B) Approving Related Notice Procedures
• Motion for an Order Authorizing the Retention and Compensation of Professionals Utilitized by the Debtors in the Ordinary Course of Their Business Nunc Pro Tunc to the Filing Date
• Motion for an Order Authorizing Debtor to Retain a Claims and Noticing Agent
• Application For Retention of Professional Cole, Schotz, Meisel, Forman & Leonard, P.A. as Bankruptcy Counsel
• Application For Retention of Professional Jones Day as Special Corporate Securities and Transactional Counsel
• Application For Retention of Professional BDO Seidman LLP as Financial Advisors
• Application For Retention of Professional Lazard Freres & Co. LLC as Investment Banker
• Application For Retention of Professional Travis Wolff & Company, LLP as Independent Auditors and Accountants
• Motion for an Administrative Order Establishing Procedures for Allowance and Interim Compensation and Reimbursement of Expenses to Professionals
• Affidavit of William S. Friedman in Support of Debtors’ “First Day Motions”
• Application for Expedited Consideration of First Day Matters

If you don’t have a netDockets account, sign up now and get your first $100 of usage completely free.  Sign up here.

Merisant Worldwide Files First Day Pleadings

As reported earlier, Merisant Worldwide, Inc. and five affiliates filed for bankruptcy on Friday, January 9, 2009 (more details on the bankruptcy filing can be found here).  As is customary in large corporate bankruptcy filings, yesterday Merisant filed motions and applications for relief from certain bankruptcy code sections and rules in order to allow the companies to continue to operate their businesses.  The following is a list of the companies’ first day pleadings filed thus far (follow the links to view the documents using netDockets):

• Motion of the Debtors for an Order Directing Joint Administration of Related Chapter 11 Cases
• Application to Employ/Retain  Epiq Bankruptcy Solutions as Claims and Noticing Agent
• Motion of the Debtors for a Bridge Order and a Final Order Pursuant to Sections 105(a) and 366(b) of the Bankruptcy Code (I) Prohibiting Utility Providers from Altering, Refusing, or Discontinuing Utility Services, (II) Deeming Utility Providers Adequately Assured of Future Performance, and (III) Establishing Procedures for Determining Adequate Assurance of Payment
• Motion of the Debtors for an Order Authorizing, but Not Directing, the Payment of Certain Prepetition Sales, Use, Franchise, and Property Taxes
• Motion for an Order (I) Authorizing: (A) Payment of Prepetition Employee Wages, Salaries, Production Bonuses, and Other Compensation; (B) Payment of Prepetition Compensation Owed to Independent Contractors and Temporary Workers; (C) Reimbursement of Prepetition Employee Business Expenses; (D) Payments for Which Prepetition Payroll and Tax Deductions Were Made; (E) Contributions to Prepetition Employee Benefit Programs and Continuation of Such Programs in the Ordinary Course; (F) Payment of Workers Compensation Obligations; and (G) Payment to Third Parties of All Costs and Expenses Incident to the Foregoing payments and Contributions; and (II) Authorizing and Directing Applicable Banks and Other Financial Institutions to Honor and Pay All Checks and Transfers Drawn on the Debtors Payroll Accounts to Make the Foregoing Payments
• Motion of the Debtors for an Order (I) Approving Cash Management System, (II) Authorizing Use of Prepetition Bank Accounts and Business Forms, (III) Waiving Requirements of 11 U.S.C. Section 345(b) on an Interim Basis, and (IV) Granting Administrative Expense Status to Intercompany Claims
• Motion of the Debtors for (I) an Order Authorizing, on an Emergency Basis, Payment of Certain Prepetition Claims of Critical Vendors and (II) an Order Authorizing, but Not Directing, After Notice and a Hearing, Debtors to pay Certain Obligations Arising in Connection with Goods Received by the Debtors within the Twenty Day Period Before the Petition Date
• Motion of the Debtors for an Order Pursuant to 11 U.S.C. Sections 105(a), 363(b) and 363(c) Authorizing, but Not Requiring, the Debtors to Continue to Operate in the Ordinary Course, Including Payment of Prepetition Obligations with Respect to Non-Debtor Brokers
• Motion of the Debtors for an Order Authorizing, but Not Requiring, the Debtors to Honor Certain Prepetition Obligations to Customers and to Otherwise Continue Prepetition Customer Programs and Practices in the Ordinary Course of Business
• Motion of the Debtors for an Order Authorizing, but Not Directing, the Payment of Prepetition Claims of Shippers, Shipping Coordinators and Warehousemen
• Motion for Interim and Final Orders (I) Authorizing the Debtors to Obtain Postpetition Secured Financing; (II) Authorizing Debtors to Use Cash Collateral; (III) Granting Adequate Protection to  Prepetition Lenders; (IV) Modifying the Automatic Stay; and (V) Scheduling the Final Hearing on the Debtors Motion to Incur Such Financing on a Permanent Basis and Approving the Form and Method of Notice Thereof
• Exhibit – Notice of Filing of Amended Exhibit to the Motion of the Debtors for an Order (I) Approving Cash Management System, (II) Authorizing Use of Prepetition Bank Accounts and Business Forms, (III) Waiving Requirements of 11 U.S.C. Section 345(b) on an Interim Basis, and (IV) Granting Administrative Expense Status to Intercompany Claims
• Motion for Order Granting the Debtors Additional Time to File Schedules and Statements of Financial Affairs
• Affidavit of Paul Block, President, Chief Executive Officer, and Chairman of the Board of Merisant Worldwide, Inc. in Support of First Day Motions

If you don’t have a netDockets account, sign up now and get your first $100 of usage completely free.  Sign up here.

Tronox Corp. First Day Pleadings Filed

As reported earlier, Tronox Corporation and certain affiliates filed for bankruptcy earlier today (more details on the bankruptcy filing can be found here).  As is customary in large corporate bankruptcy filings, Tronox also filed motions and applications for relief from certain bankruptcy code sections and rules in order to allow the companies to continue to operate their businesses.  The following is a list of the companies’ first day pleadings filed thus far (follow the links to view the documents using netDockets):

• Voluntary Petition (Chapter 11)
• Motion for Entry of an Order Directing Joint Administration of Their Related Chapter 11 Cases
• Declaration of Gary Barton, Senior Director at Alvarez & Marsal North America LLC, in Support of First Day Motions
• Motion of the Debtors for Entry of Interim and Final Orders (A) Authorizing The Debtors To Obtain Superpriority Priming Postpetition Secured Financing And Utilize Cash Collateral; (B) Authorizing The Debtors To Repay Their Receivables Securitization Facility; (C) Granting Adequate Protection To Prepetition Secured Lenders; And (D) Scheduling Final Hearing
• Ex Parte Motion of the Debtors for Entry of an Order (A) Authorizing the Debtors to File Under Seal the Confidential Exhibit to the Debtor in Possession Financing Motion and (B) Limiting Notice Thereof
• Motion of the Debtors for Entry of an Order Authorizing the Debtors to: (A) Continue (I) Using Their Existing Cash Management System, Bank Accounts and Business Forms, and Paying Any Related Fees; (II) Transferring Funds Between the Debtors and Their Foreign Subsidiaries; (III) Use of Electronic Debit, Wire Transfers and Automated Clearing House Payments; (IV) Investing Excess Funds Pursuant to Section 345 of the Bankruptcy Code on an Interim and Final Basis; (B) Grant Postpetition Intercompany Claims Administrative Expense Priority Pursuant to Sections 364, 503(b)(1) and 507(a)(2) of the Bankruptcy Code; and (C) Continue Intercompany Arrangements in Accordance with Historical Practices
• Motion of the Debtors for Entry of an Order (A) Establishing Notification And Hearing Procedures for Transfers of Certain Common Stock and (B) Granting Related Relief
• Motion of the Debtors for Entry of Interim and Final Orders Authorizing, but not Directing, the Debtors to (A) Pay Certain Prepetition Compensation and Reimbursable Employee Expenses, (B) Pay and Honor Employee Medical and Other Benefits and (C) Continue Employee Wage and Benefit Programs
• Motion of the Debtors for Entry of Interim and Final Orders (A) Authorizing, But Not Directing, the Debtors to Pay Prepetition Claims of Critical Vendors and Service Providers and (B) Approving Procedures Related Thereto
• Motion of the Debtors for Entry of Interim and Final Orders Authorizing, But Not Directing, the Debtors to Pay Prepetition Claims of Foreign Vendors
• Motion of the Debtors for Entry of an Order Authorizing, but not Directing, the Debtors to Pay Prepetition Claims of Carriers, Warehousemen and Other Lien Claimants
• Motion of the Debtors for Entry of Interim and Final Orders Determining Adequate Assurance of Payment for Future Utility Services
• Motion of the Debtors for Entry of Interim and Final Orders Authorizing the Debtors to (A) Continue Prepetition Insurance Policies, (B) Continue Prepetition Insurance Bond Programs and (C) Obtain New Insurance Policies and Bonds
• Motion of the Debtors for Entry of an Order Authorizing, but not Directing, the Debtors to Continue their Customer and Sales Commission Programs and Honor Prepetition Commitments Related Thereto
• Motion of the Debtors for Entry of Interim and Final Orders Authorizing, but Not Directing, the Debtors to Remit and Pay Certain Taxes and Fees
• Motion of the Debtors for an Order Establishing Certain Notice, Case Management and Administrative Procedures
• Motion of the Debtors for an Order Granting an Extension of Time To File (A) Statements of Financial Affairs and Schedules of Assets and Liabilities, (B) Schedules of Current Income and Expenditures, (C) Statements of Executory Contracts and Unexpired Leases and (D) Lists of Equity Security Holders
• Motion of the Debtors for Authority to (A) Prepare a List of Creditors in Lieu of Submitting a Formatted Mailing Matrix; (B) File a Consolidated List of the Debtors’ 30 Largest Unsecured Creditors; and (C) Mail Initial Notices
• Application of the Debtors for an Order Authorizing and Approving the Retention of Kurtzman Carson Consultants LLC as Notice and Claims Agent
• Application of the Debtors for an Order Authorizing the Employment and Retention of Kirkland & Ellis LLP as Attorneys for the Debtors and Debtors in Possession Nunc Pro Tunc to the Petition Date
• Application of the Debtors for Entry of an Order Authorizing the Employment and Retention of Rothschild Inc. as Financial Advisor and Investment Banker Nunc Pro Tunc to the Petition Date
• Motion of the Debtors for Entry of an Order Authorizing the Retention and Compensation of Certain Professionals Utilized in the Ordinary Course of Business
• Motion of the Debtors for an Order Establishing Procedures for Monthly Compensation and Reimbursement of Expenses for Professionals and Members of Official Committees
• Consolidated List of Creditors Holding the 30 Largest Unsecured Claims
• Notice of Hearing on First Day Motions
• Agenda for January 13, 2009 Hearing
• Application to Employ Togut, Segal & Segal, LLP as Conflicts Counsel to the Debtors and Debtors in Possession

A hearing is scheduled on the first day motions and applications on January 13, 2009 at 11:00 a.m.

If you don’t have a netDockets account, sign up now and get your first $100 of usage completely free.  Sign up here.

Tarragon Corp. Files for Bankruptcy in New Jersey

Tarragon Corporation and a number of affiliates filed voluntary chapter 11 petitions today in the United States Bankruptcy Court for the District of New Jersey. 

You can find the rest of this posting at our new blog location: www.netdocketsblog.com.

Shane Co. Files for Bankruptcy in Colorado

Shane Co. filed for bankruptcy protection today in the United States Bankruptcy Court for the District of Colorado.  Shane Co. is a family-owned jewelry retailer and operates 23 stores in 14 states.  The company listed assets and liabilities of between $100 and $500 million on its voluntary petition and is represented by Skadden, Arps, Slate, Meagher & Flom LLP.

UPDATE: Shane Co. has filed various “first day” motions and applications seeking relief from the bankruptcy court to allow the company to continue operating in the ordinary course.  Details of these motions and applications (and access to copies of the documents) can be found here.

Access every document filed in Shane Co.’s bankruptcy case and the bankruptcy cases of over 440 other major corporations using netDockets.  Sign up now for a free trial account and $100 of free research.

Tronox Inc. Files for Bankruptcy in New York

Tronox Incorporated and certain affiliates filed voluntary chapter 11 bankruptcy petitions this morning in the United States Bankruptcy Court for the Southern District of New York.  Tronox manufactures and markets titanium dioxide and electrolytic and other specialty chemicals and is the third-largest maker of titanium dioxide (a whitening pigment used in paper, plastics and paint), which is an $11 billion annual market worldwide.  The companies employ 1,845 employees worldwide, 48% of whom are covered by collective bargaining agreements, and generated $1.17 billion in revenues in the first nine months of 2008.

Tronox was formerly the chemicals business of Kerr-McGee Corporation, but was spun-off by Kerr-McGee on March 31, 2006.  Kerr-McGee had initially sought a buyer for the chemicals business beginning in 2005, but failed to complete a sale allegedly as a result of potential buyers’ (including Apollo Investment Corp.) unwillingness to assume certain legacy liabilities.  Tronox ultimately assumed $550 million in liabilities in the spin-off.  Tronox asserts that many of the legacy liabilities assumed by it in the spin-off are unrelated to Tronox’s businesses.  Tronox states in its first day declaration that it determined to file for bankruptcy in order “to, among other things, reduce Tronox’s Legacy Liability obligations by reallocating them to their rightful obligors.”

UPDATE: Tronox has filed various “first day” motions and applications seeking relief from the bankruptcy court to allow the company to continue operating in the ordinary course.  Details of these motions and applications (and access to copies of the documents) can be found here.

Download copies of every document filed in Tronox’s bankruptcy cases and the bankruptcy cases of over 440 other major corporations using netDockets.  Sign up now for a free trial account.

The Parent Co./eToys Direct Creditors’ Committee Appointed

The United States Trustee has appointed the members of the Official Committee of Unsecured Creditors in the eToys Direct/The Parent Company bankruptcy cases.  The Parent Company filed for bankruptcy in the District of Delaware on December 28, 2008.  The members of the Creditors’ Committee are:

• United Parcel Service
• Quad/Graphics, Inc.
• Zheijang Xinyun Wood Industry Group
• The Step2 Company LLC
• MADD International, Ltd.
• National Products, Ltd.
• Chicco USA, Inc.

Download a copy of every pleading filed in The Parent Company’s bankruptcy cases using netDockets.  Sign up now for a free trial account and $100 of free downloads and research.

Deadline (Bar Date) Set for Filing Claims Against SemCrude

The bankruptcy court has set a deadline (or bar date) for the filing of proofs of claim against SemCrude, L.P., SemGroup, L.P. and certain of their affiliates for certain types of claims.  The deadline for the filing of proofs of claim on account of most claims arising before the companies filed for bankruptcy is March 3, 2009 at 5:00 p.m. (prevailing Pacific time).  Please note that certain claims are excluded from the bar date.

Download a copy of the court’s order, which includes all of the procedures that must be followed for the filing of claims, using netDockets.  Sign up now for a free trial.

DESA Heating/DHP Holdings II Creditors’ Committee Appointed

The United States Trustee has appointed the members of the Official Committee of Unsecured Creditors in the DHP Holdings II Corp. (DESA Heating) bankruptcy cases.  DHP Holdings filed for bankruptcy in the District of Delaware on December 29, 2008.  The members of the Creditors’ Committee are:

• Winnspec International Co.
• Winners Products Engineering Ltd.
• Garden Flame Gas Appliance Co., Ltd.
• Construction Bolt & Fasteners Inc.
• KBK Financial, Inc.
• Maas-Hansen Steel Corp.
• Burner Systems International

Download a copy of every pleading filed in DHP Holdings’ bankruptcy cases using netDockets.  Sign up now for a free trial account and $100 of free downloads and research.

NWL Holdings Files Schedules of Assets and Liabilities

NWL Holdings, Inc. (National Wholesale Liquidators) filed its Schedules of Assets and Liabilities and its Statement of Financial Affairs on Friday.  The Schedules and Statement describe the company’s assets and liabilities in significant detail and include a list of all of the company’s known creditors (including disputed claims).

Download a copy of NWL’s Schedules and Statement here.  Try our system completely free.