Committee Files Liquidating Plan and Motion for Authority to Prosecute Avoidance Action

On or about February 10, 2014, following an Order from the Court directing any party in interest to file a Plan and Disclosure Statement, the Official Committee of Unsecured Creditors of Dlubak Corp. (the “Committee”) filed a liquidating Chapter 11 plan (the “Plan”).  The crux of the Plan revolves around the disbursement of any sale proceeds available to the Estate from the disposition of substantially all of the Debtor’s assets, as well as the pursuit of potential preference, fraudulent transfer, and related claims against third-parties.  A hearing has been scheduled on the Disclosure Statement for March 27, 2014, at 10:00am in the Johnstown Bankruptcy Court, or via video conference from Pittsburgh, with objections due by March 20, 2014. 

In conjunction therewith, the Committee also filed a Motion for Authority to Prosecute Avoidance Action (the “Motion”) against the Debtor with respect to potential fraudulent and/or unauthorized post-petition transfers made by the Debtor to Dlubak Glass Co. and Frank C. Dlubak.  The Committee demanded that the Debtor pursue said action valued at approximately $83,000 or otherwise that it be granted derivate standing to do so.  A hearing has been scheduled on the Motion for March 13, 2014, at 10:00am in the Johnstown Bankruptcy Court, or via video conference from Pittsburgh, with responses due by March 6, 2014.

Court Enters Order Directing Any Party to File a Plan

On or about January 14, 2014, the Court entered an Order finding that the 120-day exclusivity period for the Debtor to file a Plan of Reorganization and Disclosure Statement concluded on December 5, 2013.  As a result, the Court ordered that the Debtor or any party in interest shall file a Plan and Disclosure Statement on or before February 13, 2014.  The Court further ordered that the failure to file a Plan and Disclosure Statement within the time allotted without extension will result in a Rule to Show Cause Hearing to determine why the Bankruptcy Case should not be converted to Chapter 7 and/or dismissed.  A hearing has been scheduled for February 27, 2014, at 10:00am in the Johnstown Bankruptcy Court, or via video conference from Pittsburgh.  In the event that a Plan and Disclosure Statement are timely filed, the Rule to Show Cause Hearing will be cancelled.

Debtor Files Motion to Sell Real Estate; Public Sale Hearing Scheduled

On or about January 9, 2014, the Debtor filed a Motion to Sell Real Estate Free & Clear of Liens & Encumbrances (the “Motion”) with respect to the sale of its former operating facility located at 520 Chestnut Street, Blairsville, PA 15717.  The Debtor previously sold substantially all of its non-real estate assets to Dlubak Specialty Glass Corporation, an affiliate of Grey Mountain Partners (the “Buyer”).   As a result, the Debtor has essentially ceased doing business, while its former operating facility is being leased by the Buyer.  The Debtor now proposes to sell substantially all of its real estate assets to KMS Property Acquisition Co. (“KMS”) for the sum of $800,000.  With approximately $660,000 still reportedly owed to First Commonwealth Bank, and additional costs expected to total in excess of $75,000, including real estate taxes and a broker’s fee, there presently appears to be limited funds available from the sale for the benefit of the Bankruptcy Estate. 

The proposed sale to KMS is subject to higher bidding by qualified third-party buyers.  A Sale Hearing has been scheduled for Thursday, February 13, 2014, at 10am in the Johnstown Courtroom, or via video conference from Pittsburgh.  Responses to the Motion are due by February 6, 2014.  For additional information regarding the terms of the proposed sale or third-party buyer qualifications, please do not hesitate to contact us at dlubakcommittee@quinnfirm.com.

Debtor Files Application to Employ Broker; United Steelworkers File Priority Claim

On or about December 27, 2013, the Debtor filed an application to employ a real estate broker (the “Application”) with respect to the sale of the Debtor’s manufacturing facility.  The Debtor previously sold substantially all of its non-real estate assets to Grey Mountain and has essentially ceased doing business.  In conjunction therewith the Debtor had been attempting to procure a buyer with respect to its remaining real estate holdings, which Grey Mountain currently leases.  The Debtor now seeks to have Laurence Neish of Whyte/Stone Realty LLC appointed as broker because no purchase offers have been forthcoming.  A hearing on the Application has been scheduled for January 23, 2014, at 10am in the Johnstown Courtroom, with responses due by January 16, 2014.

Additionally, the United Steelworkers (the “USW”) filed an unsecured priority claim in excess of $224,000 (the “Claim”) based on certain pre-petition wages/benefits that have purportedly not been paid to union employees.  As alleged in the documents attached to the Claim, the Debtor has purportedly not honored certain pre-petition obligations per the terms of a collective bargaining agreement with the USW.  The Claim currently represents an unsecured priority claim that would get paid ahead of general unsecured claims.  The Claim is generally subject to further amendment and/or objection.

Bar Date to File Proof of Claim About to Expire

Updating an earlier post, the Bankruptcy Court on August 20, 2013, entered a Notice setting the deadline for all creditors to file a proof of claim in the Bankruptcy Case for December 12, 2013.  All claims must be filed by that date in order to receive potential distributions thereon.

Order Entered Resolving Dispute between Debtor, Grey Mountain, and Bank

Updating a previous post, the Court entered an Order on or about November 5, 2013, resolving the dispute between the Debtor, GMP, and First Commonwealth Bank regarding the allocation of certain monetary obligations in the wake of the Debtor’s non-real estate asset sale.  Per the terms of the Order stipulated by the Parties, the Bank will turn-over to GMP certain funds attributable to accounts receivable, and GMP will pay certain unpaid employee obligations subject to offset against its lease payments to the Bank.  As a result, the evidentiary hearing on these matters has been cancelled.