Frequently Asked Questions
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+ Bar Date FAQs
1. How do I file a proof of claim? When is the Bar Date?
The General Bar Date was July 31, 2015 at 5:00 p.m. prevailing Eastern Time and the Government Bar Date was September 14, 2015 at 5:00 p.m. prevailing Eastern Time. The Bar Date Order and Bar Date Notice contain additional information regarding who is OR is not required to file a claim. They can be accessed on the “Key Documents” page on this website.
You are encouraged to file your proof of claim through the case administration online claim filing system maintained on this website by clicking here and following the instructions to submit your claim through the Online Portal. The Online Portal provides a series of screens which solicit the information required to populate a proof of claim form and once submitted you will receive a completed, electronically-signed proof of claim form and an email confirmation of its submission.
Additionally, a Proof of Claim Form is available on the case administration website by clicking on the “Submit a Proof of Claim” page and then further clicking on the link for “General Proof of Claim Form (fillable PDF format for hard copy submission)”. Once completed and signed, please send the proof of claim form and any supporting documentation either via regular mail to: Quicksilver Resources Inc., et al., c/o GCG, P.O. Box 10155, Dublin, OH 43017-3155, or via overnight mail or hand delivery to: Quicksilver Resources Inc., et al., c/o GCG, 5151 Blazer Parkway, Suite A, Dublin, Ohio 43017.
Proof of claim forms will NOT be accepted by e-mail, facsimile or telecopy.
If you have any further questions regarding filing a proof of claim, please consult with your own legal counsel. Please continue to check the case administration website for the most updated information.
2. Do I need to file a proof of claim?
You MUST file a proof of claim to vote on a chapter 11 plan filed by the Debtors and to share in distributions from the Debtors’ bankruptcy estates if you hold a claim that arose on or before the Petition Date, including any claim under Bankruptcy Code section 503(b)(9), unless you are excused from filing a proof of claim pursuant to one of the following exceptions:
- you have already properly filed, with the Clerk of the Bankruptcy Court or GCG, a proof of claim against all Debtors against which you have a claim, in a form that substantially conforms to the proof of claim form tailored for these chapter 11 cases or Official Form 10;
- your claim is listed on the Debtors’ schedules of liabilities, provided that (i) such claim is not described as disputed, contingent, or unliquidated, (ii) you do not dispute the amount, nature, or priority of the claim as set forth in the Debtors’ schedules of liabilities, and (iii) you do not dispute that such claim is an obligation of the specific Debtor as set forth in the Debtors’ schedules of liabilities;
- you hold a claim that is limited exclusively to the repayment of principal, interest and/or other applicable fees and charges (a “Debt Claim”) owed under any bond or note issued by the Debtors pursuant to an indenture, provided that (i) an indenture trustee under a Debt Instrument must file one proof of claim, on or before the General Bar Date, with respect to all of the amounts owed under each of the Debt Instruments, and (ii) any holder of a Debt Claim wishing to assert a claim, other than a Debt Claim, arising out of or relating to a Debt Instrument must file a Proof of Claim on or before the General Bar Date;
- you hold a claim that has already been allowed by an order of the Bankruptcy Court entered on or before the applicable bar date;
- your claim has already been paid in full by any of the Debtors or any other party;
- you are a direct or indirect non-Debtor subsidiary of the Debtors;
- you are a Debtor in these chapter 11 cases holding a claim against another Debtor;
- you hold a claim allowable under Bankruptcy Code sections 503(b) and 507(a)(2) as an administrative expense;
- you hold an interest in any of the Debtors, which interest is based exclusively upon the ownership of common stock, preferred stock, membership interests, partnership interests, or rights to purchase, sell, or subscribe to such an interest;
- you are a current officer or director of the Debtors asserting claims for indemnification and/or contribution arising as a result of such officers’ or directors’ pre-petition or post-petition services to the Debtors; or
- you are an employee whose claim was previously authorized by order of the Bankruptcy Court to be satisfied by the Debtors in the ordinary course of business as a wage or benefit; provided, however, that you must submit a proof of claim by the General Bar Date if you dispute the amount of your previously authorized claim or if your claim relates to damages arising from claims for wrongful termination, discrimination, or workers’ compensation insurance.
Please note that GCG, as Claims and Noticing Agent, is unable to provide legal advice, and you should review the Bar Date Notice materials carefully. If your claim is listed as contingent, unliquidated and/or disputed, you may want to consult with an attorney regarding preparing a proof of claim.
3. Why did I receive a Bar Date Notice?
The Debtors mailed the Bar Date Notice to all known and potential creditors in order to give them the opportunity to file a proof of claim to share in distributions from the Debtors’ bankruptcy estates for anyone who believes they hold a claim against the Debtors that arose on or before the Petition Date. The fact that you received a Bar Date Notice does not mean that you hold a claim against the Debtors or that the Debtors or the Bankruptcy Court believe that you hold a claim against the Debtors. You should not file a proof of claim if you do not hold a claim against the Debtors.
4. Where do I send my completed proof of claim form if by mail?
If sent by regular mail, completed, original proof of claim forms should be sent to:
Quicksilver Resources Inc., et al.
c/o GCG
P.O. Box 10155
Dublin, OH 43017-3155
If delivered by hand or by overnight courier, completed, original proof of claim forms should be sent to:
Quicksilver Resources Inc., et al.
c/o GCG
5151 Blazer Parkway, Suite A
Dublin, OH 43017
You may also submit your claim through the case administration online claim filing system located here. ONLY proof of claim forms sent in the manner above WILL be accepted. Email and fax is not acceptable. Do not send completed proof of claim forms directly to the Debtors.
5. Can I email or fax a proof of claim?
No. Proofs of claim must be mailed or delivered by hand or overnight courier, except electronic submission at the online portal. Proofs of claim submitted via email, telecopy and fax will not be accepted.
6. Can I submit a proof of claim after the Bar Date?
Proofs of claim received after the Bar Date will be processed and docketed, but may be subject to objection and disallowance. The General Bar Date in this case was July 31, 2015 at 5:00 p.m. prevailing Eastern Time, and the Government Bar Date was September 14, 2015 at 5:00 p.m. prevailing Eastern Time. Processing and docketing a claim is NOT a determination that your claim was timely received and does not have any determination as to its treatment.
7. Can I amend a claim after the Bar Date?
The General Bar Date in this case was July 31, 2015 at 5:00 p.m. prevailing Eastern Time and the Government Bar Date in this case was September 14, 2015 at 5:00 p.m. prevailing Eastern Time. GCG, as the Claims and Noticing Agent, will process claim amendments received after the Bar Date. Processing and docketing an amended claim is NOT a determination that your claim was timely received and does not have any determination as to its treatment.
8. What happens after I file my proof of claim?
After the deadline to file proofs of claim expires, the Debtors and their professionals will commence a review of all filed claims.
After the review of a particular claim is completed, the Debtors will decide whether to accept the claim as validly filed, or “object” to it for one or more reasons.
If a creditor’s claim is the subject of an objection, the creditor will receive written notice by mail from the Debtors. The notice will set forth the grounds of the objection, set a hearing date to consider the objection, and provide a deadline for the creditor to respond to the objection.
For further information on the claims process or to check the status of your claim, please continue to visit this website.
9. How can I obtain my claim status?
The "Claims Register/Creditor Search" tab, located here, will provide current information on filed and scheduled claims.
10. How do I file a claim online?
You may submit your claim through the case administration online claim filing system located here or by clicking on the “Submit a Proof of Claim” tab and following the instructions to submit your claim through the Online Portal. The Online Portal provides a series of screens which solicit the information required to populate a proof of claim form and once submitted you will receive a completed, electronically-signed proof of claim form and an email confirmation of its submission.
11. What can I do through the online claims portal?
Filers will be given the opportunity to select from one of the following four flows once they log on to the portal:
Option 1. “File a New Claim”
Option 2. “Continue a Claim in Progress”
Option 3. “Supplement a Claim with Additional Supporting Documentation”
Option 4. “Amend a Claim”. By amending a claim, filers will also be withdrawing their underlying amended claim as part of the same option.
Any party can file a claim on the Online Portal, through a process that has been reviewed and approved by the Clerk of the Court. The Online Portal provides a series of screens which solicit the information required to populate a proof of claim form. To the extent you have been sent a unique Claimant and Control Number, then the information the Debtors have will be prepopulated into the proof of claim form on the Online Portal, but will remain modifiable. After submitting a proof of claim through the Online Portal, you will receive a completed, electronically-signed proof of claim form and an email confirmation of its submission.
12. I am listed on the Schedules of Assets and Liabilities filed by the Debtors. Does that mean I have to file a claim?
You are not obligated to file a proof of claim pursuant to your claim being listed on the Debtors’ Schedules of Assets and Liabilities, provided that (i) such claim is not described as disputed, contingent, or unliquidated, (ii) you do not dispute the amount, nature, or priority of the claim as set forth in the Debtors’ Schedules of Assets and Liabilities, and (iii) you do not dispute that such claim is an obligation of the specific Debtor as set forth in the Debtors’ Schedules of Assets and Liabilities; GCG, as Claims and Noticing Agent, is unable to provide legal advice, and you should review the bar date notice materials carefully. If your claim is listed as contingent, unliquidated and/or disputed, you may want to consult with an attorney regarding preparing a proof of claim.
13. My claim is listed as on Debtors’ Schedules of Assets and Liabilities as contingent, unliquidated and/or disputed? What do I have to do?
Any entity whose claim is listed in the Debtors’ Schedules as contingent, unliquidated and/or disputed and who desires to be treated as a creditor with respect to such claim for purposes of voting and distribution must file a proof of claim on or before the applicable Bar Date. If your claim is listed as contingent, unliquidated and/or disputed, you may want to consult with an attorney regarding preparing a proof of claim.
14. Can you please tell me what Debtor my account is associated with or if the company owes me money?
The company has filed Schedules of Assets and Liabilities and Statements of Financial Affairs with the bankruptcy court. The Schedules of Assets and Liabilities list the amounts owing to the company’s creditors on the date of the bankruptcy filing (or such other date noted in the Global Notes to the Schedules), as reflected in the company’s books and records, and whether such amounts are classified as contingent, unliquidated, or disputed. You may access this information on the Debtor’s case administration website at www.gardencitygroup.com/cases/kwk by clicking on Key Documents and then by clicking on Schedules of Assets and Liabilities.
15. My claim is listed on the Schedules, does that mean I will be paid?
U.S. bankruptcy law requires that unpaid debts for goods and services provided to the Debtors prior to the bankruptcy petition date (March 17, 2015), cannot be paid without Bankruptcy Court approval. Any such claims will be addressed as part of the process moving forward. No determination has been made as to the payment of claims at this time. If you have a claim listed on the Debtors’ Schedules of Assets and Liabilities that becomes subject to amendment, you will receive written notice by mail from the Debtors. Please continue to visit the Debtor’s case administration website at www.gardencitygroup.com/cases/kwk periodically for the most up to date information. You can also check the status of your claim on the Claims Register/Creditor Search, which will provide current information on your claim.
+ General FAQs
1. How can I become a member of the Master Service List/2002 List to receive pleadings in this case? How do I remove myself from the 2002 List?
To become a member of the Master Service List, an applicant must file a 2002 Notice Request with the Bankruptcy Court. To be removed from the 2002 List, you will need to file a Notice of Withdrawal of Appearance with the Bankruptcy Court.
2. Is there a direct contact number that I can call if my question is not answered by the provided Frequently Asked Questions?
Yes, if you still have questions after reviewing these Frequently Asked Questions, you may call the restructuring hotline at (877) 940-2410 or email the restructuring information box at KWKInfo@gcginc.com. Garden City Group is available to answer case specific inquiries between the hours of 9:00 a.m. – 5:00 p.m. Eastern Standard Time, Monday - Friday.
+ Cure Notice FAQs
1. Why did I get a Cure Notice?
If you received a cure notice, it is because either you or someone you represent has a contract that the Debtors believe they might seek to assume and assign in connection with a Sale Transaction. If you agree with the cure amount, then no action is required on your part. If you disagree, then you may file a Designated Contract Objection as outlined in the notice you received.
2. What is the Designated Contracts List/DCL?
It is the list of contracts that the Debtors believe they might seek to assume and assign in connection with a Sale Transaction.
3. What is a cure/cure cost/cure amount?
A cure amount is the proposed amount, if any, the Debtors believe are owed to the counterparty to the Designated Contract to cure any defaults or arrears existing under the Designated Contract. Please note that a cure amount of $0 indicates that the Debtors believe that, as of the date of the notice, there is no cure cost associated with the contract.
4. How do I find the designated contract list?
Please visit the "Key Documents" tab, located here, then click "Sale Motion and Bidding Procedures", then click "Designated Contracts List."
5. My cure amount is listed as $0.00. What does that mean?
The Debtors believe that, as of the date of the notice, there is no cure cost associated with your contract.
6. How do I object to my contract being assumed?
You must object in the manner and on the parties described in the bottom of page 2 and the top of page 3 of the notice you received. If you need another copy of the notice, it may be accessed online by visiting the "Key Documents" tab, located here, then clicking "Sale Motion and Bidding Procedures", then clicking "Designated Contracts List" or "Supplemental Designated Contracts List."
7. What happens if I don’t object?
You will be deemed to have consented to the assumption and potential assignment of the Designated Contract, but the Debtors are not obligated to assume your contract. Please visit the "Key Documents" tab, located here, then click "Sale Motion and Bidding Procedures," then review the documents therein for more information.
8. How can I get more information about the Sale Process?
Please visit the "Key Documents" tab, located here, then click "Sale Motion and Bidding Procedures," then review the documents therein for more information.