Distribution Information
Important Dates |
|
Effective Date
|
August 31, 2016 |
Key Documents
Document Name | Pleading |
Notice of Effective Date [Docket No. 1668]
|
Click Here |
Confirmation Order [Docket No. 1633] | Click Here |
Joint Chapter 11 Plan of Liquidation for Quicksilver Resources Inc. and its Affiliated Debtors [Docket No. 1416] | Click Here |
On August 16, 2016, the Court entered an order (the “Confirmation Order”) confirming the First Amended Joint Chapter 11 Plan of Liquidation for Quicksilver Resources Inc. and its Affiliated Debtors (the “Plan”). The Effective Date (as defined in the Plan) was August 31, 2016. The Plan called for the establishment of a Liquidation Trust on the Effective Date for the purposes of liquidating and administering the Liquidation Trust Assets and making distributions on account thereof.
The Liquidation Trustee made its first round of distributions from the Liquidation Trust on October 7, 2016. The second round of distributions were completed on April 7, 2017. The Plan, Confirmation Order and Notice of Effective Date are available under the Key Documents section above.
Distribution FAQs
+ 1. How will I receive my entitlements under the First Amended Plan of Liquidation?
The Liquidation Trust will make the appropriate distributions to holders of “Allowed Claims” pursuant to the First Amended Plan of Liquidation.
+ 2. What is the Liquidation Trust? What is the Liquidating Trustee?
The First Amended Plan of Liquidation calls for the establishment of a Liquidation Trust on the Effective Date for the purposes of liquidating and administering the Liquidation Trust Assets and making distributions on account thereof. The Liquidating Trustee is the person appointed to manage the Liquidation Trust. The Liquidating Trustee for Quicksilver’s Liquidation Trust is Eugene I. Davis.
+ 3. What is the Disbursing Agent?
The Plan authorizes the Liquidating Trustee to appoint a Disbursing Agent to assist with implementing the distribution provisions. In these cases, the Liquidating Trustee appointed Garden City Group, LLC (a.k.a. “GCG”) as the Disbursing Agent.
+ 4. When will the Liquidating Trustee make distributions?
The Liquidating Trustee commenced distributions on the Initial Distribution Date, which was September 16, 2016 for holders of Allowed Second Lien Claims and October 6, 2016 for holders of all other Allowed Claims.
+ 5. What will I be receiving under the plan?
GCG cannot provide legal advice about, or interpret provisions of the Plan of Liquidation. Please read First Amended Plan of Liquidation and its companion Disclosure Statement in their entirety to understand the treatment of your claim or interest, including any distributions. You can find a summary of the different classes of claims and the distributions that will be made on account of claims in Article 3 of the Plan. You can also find provisions governing distributions in Article 7 of the Plan.
Copies of Court documents, including the First Amended Plan of Liquidation, Disclosure Statement, Confirmation Order, and Notice of Effective Date are available on the case website, at http://cases.gcginc.com/kwk/.
+ 6. Why didn’t I receive a distribution?
The Liquidation Trust made (or will make) distribution on account of “Allowed Claims”. Please refer to Article 1.1.12 of the First Amended Plan of Liquidation for the definition of “Allowed Claim”. You may not have received a distribution because your claim is not (or is not yet) “Allowed” as such term is defined under the Plan.
+ 7. How will I receive my distribution?
If your claim is a General Unsecured Claim, is “Allowed”, and is held by you directly, you will receive your distribution directly from the Liquidating Trustee or the Liquidating Trustee’s Disbursing Agent in the form of a check or a wire.
If your claim is a General Unsecured Claim and on account of your holding one or more of the Senior Notes, you will receive your distribution from the indenture trustee for your Senior Notes, who will coordinate the distribution through the Depository Trust Company (“DTC”) via your broker nominee.
+ 8. Will I receive distributions after the Initial Distribution Date?
It is possible that you will receive further distributions after the Initial Distribution Date.
+ 9. I hold Senior Notes and I received an “escrow CUSIP”, what is an “escrow CUSIP”?
An escrow CUSIP is an administrative notation made to your brokerage account through DTC that will permit the indenture trustee to identify you for any future distributions.
The escrow CUSIP is not a transferable security. You cannot buy, sell, or otherwise transfer the assigned escrow CUSIP.
Please contact your indenture trustee for further information.
+ 10. I held the Senior Notes as of the Distribution Record Date of August 19, 2016, but I did not receive my distribution. Why not?
The Liquidating Trustee made distributions on account of the Senior Notes to the indenture trustee for the Senior Notes.
Please contact your indenture trustee for further information.
+ 11. What happens to my Second Lien Notes, Senior Notes, or Subordinated Notes?
Pursuant to Article 5.10 of the First Amended Plan of Liquidation, your notes will be deemed surrendered and cancelled. Please contact your indenture trustee for further information.
+ 12. Why didn’t employees and retirees get a higher priority in distributions?
Unsecured claims of employees and retirees were handled in accordance with U.S. bankruptcy laws governing Chapter 11 distributions and the First Amended Plan of Liquidation.
+ 13. How do claimants notify the Debtors of a change in their address?
Address changes for claimants, other than those holding Senior Notes through a broker nominee, can be requested by sending a written request by email or regular mail to GCG with a reference to the Quicksilver Resources, Inc. bankruptcy and your name, company’s name, phone number, email address, mailing address, and claim number to the following address:
If sent by mail, to:
Quicksilver Resources Inc., et al.
c/o GCG
P.O. Box 10155
Dublin, OH 43017-3155
If sent by email, to: KWKinfo@gcginc.com
If by overnight courier, to:
Quicksilver Resources Inc., et al.
c/o GCG.
5151 Blazer Parkway, Suite A
Dublin, Ohio 43017
+ 14. My address has changed, and I think you mailed a check to the wrong address. How do I get that check cancelled and a new check issued?
Please provide us with your name, company’s name, phone number, email address, mailing address, claim number, and check number, if available, and we will pass this information along to someone who can look into the specifics of your claim and get back to you. If you have future address changes, please send such requests, in writing, to:
If sent by mail, to:
Quicksilver Resources Inc., et al.
c/o GCG
P.O. Box 10155
Dublin, OH 43017-3155
If sent by email, to: KWKinfo@gcginc.com
Quicksilver Resources Inc., et al.
c/o GCG
5151 Blazer Parkway, Suite A
Dublin, Ohio 43017
+ 15. Will I need to submit a W-8 or W-9 to receive my entitlements under the Plan?
The Liquidating Trustee will let you know if we need a W-8 or W-9 to receive your entitlements under the Plan. The Trustee is currently utilizing the information they have, but may need to request additional information in the future.
If you have updated tax information, it is incumbent upon you to notify the Liquidating Trustee or the Disbursing Agent and the appropriate taxing authorities.
+ 16. What are the tax implications to me of the distribution?
The Liquidating Trustee or the Disbursing Agent will provide distributees (not including holders of Senior Notes) with 1099 tax forms at the conclusion of the taxable year and will report the distributions to the IRS and other appropriate taxing authorities.
GCG cannot provide tax, legal, or financial advice. Please contact your advisors.