TO THE CREDITORS OF

TO THE CREDITORS OF
HICKMAN EQUIPMENT (1985) LIMITED
PricewaterhouseCoopers Inc.
Atlantic Place
Box 75, 215 Water Street, Suite 802
St.John’s, NF
Canada A1C 6C9
Telephone +1 (709) 722 3883
Facsimile +1 (709) 722 5874
A petition was filed against Hickman Equipment (1985) Limited on March 11, 2002 and a
receiving order granted on March 13, 2002 appointing PricewaterhouseCoopers Inc. as
Trustee for Hickman Equipment (1985) Limited In Bankruptcy. PricewaterhouseCoopers
Inc. was also appointed as a Court appointed Receiver on March 13, 2002.
On February 7, 2002, Hickman Equipment (1985) Limited started proceedings under the
Companies’ Creditors Arrangement Act. The Companies’ Creditors Arrangement Act
process was terminated on March 13, 2002.
BANKRUPTCY RELATED MATTERS
Attached is a statutory package for the bankruptcy containing:
•
•
•
•
Notice of Bankruptcy and First Meeting of Creditors
Stay of Proceedings
List of Creditors
Proof of Claim, checklist and proxy
RECEIVERSHIP RELATED MATTERS
•
Attached is Notice and Statement of the Receiver required by the Bankruptcy and
Insolvency Act, Sections 245(1) and 246(1) relating to the receivership.
•
As receiver, we are applying to Court to advertise for sale the assets of Show Tech
Audiovisual Rentals and Celebration Rent-Alls. Attached is a copy of the draft
tender ad.
PERSONAL PROPERTY SECURITY ACT RELATED MATTERS
We advise that a Court application has been made to abridge the 20-day Notice period
required by the Personal Property Security Act Notice of the Intention to sell the assets.
PricewaterhouseCoopers is a Canadian member firm of PricewaterhouseCoopers International Limited, an English company limited by
guarantee.
HICKMAN EQUIPMENT (1985) LIMITED
INDEX
•
Notice of Bankruptcy and First Meeting of Creditors
•
Notice of Stay of Proceedings
•
List of Creditors
•
Proof of Claim form
•
Notice and Statement of the Receiver
•
Draft Sale by Tender
FORM 33
Proof of Claim
(Subsections 50(13), 50.1(1) and 65.2(4), paragraphs 51(1)(e)
and 66.14(b); subsections 81.2(1), 102(2), 124(2) and
128(1) of the Act)
PricewaterhouseCoopers Inc.
Atlantic Place
215 Water Street Suite 802
Box 75
St. John’s Newfoundland
Canada A1C 6C9
Telephone +1 (709) 722 3883
Facsimile +1 (709) 722 5874
Direct Tel. (709) 722-3883
Direct Fax (709) 722-5874
(All notices or correspondence regarding this claim must be forwarded to the following address:
PricewaterhouseCoopers Inc., Atlantic Place, Box 75, 215 Water Street, St. John's, NF A1C 6C9
In the matter of the bankruptcy of Hickman Equipment (1985) Limited of Mount Pearl, NF and the
claim of ________________________, creditor.
I, _________________________ (name of creditor), ______________________________ (street
address/ P.O. Box number) ___________________ (city and province) _____________ (postal code)
_________________ (telephone number – including area code) hereby certify:
1. That I am a creditor of the above-named debtor (or that I am .President.. (state position or title)
of _____________________________ (name of creditor)).
2. That I have knowledge of all the circumstances connected with the claim referred to below.
3. That the debtor was, at the date of bankruptcy (or the date of the receivership, or in the case of a
proposal, the date of the notice of intention or of the proposal, if no notice of intention was filed),
namely the _____ day of ______________ 200___, and still is, indebted to the creditor in the sum of
$________________, as specified in the statement of account (or affidavit or solemn declaration)
attached and marked Schedule "A", after deducting any counterclaims to which the debtor is entitled.
(The attached statement of account, or affidavit or solemn declaration must specify the vouchers or
other evidence in support of the claim.)
4. (Check and complete appropriate category.)
( ) A. UNSECURED CLAIM OF $__________________
That in respect of this debt, I do not hold any assets of the debtor as security and
(Check appropriate description.)
( ) Regarding the amount of $ _________________, I do not claim a right to a priority.
( ) Regarding the amount of $ _________________, I claim a right to a priority under section 136 of
the Act.
(Set out on an attached sheet details to support priority claim.)
( ) A.1. CLAIM OF LANDLORD FOR DISCLAIMER OF A LEASE $____________
That I hereby make a claim under subsection 65.2(4) of the Act, particulars of which are as
follows:
(Give full particulars of the claim, including the calculations upon which the claim is based)
( ) B. SECURED CLAIM OF $_____________
That in respect of this debt, I hold assets of the debtor valued at $_________ as security,
particulars of which are as follows:
(Give full particulars of the security, including the date on which the security was given and the
value at which you assess the security, and attach a copy of the security documents.)
( ) C. CLAIM BY FARMER, FISHERMAN OR AQUACULTURIST OF $_______
That I hereby make a claim under subsection 81.2(1) of the Act for the unpaid amount of
$______________ (Attach a copy of sales agreement and delivery receipts.)
( ) D. CLAIM AGAINST DIRECTOR $____________
(To be filed when a proposal provides for the compromise of claims against directors)
That I hereby make a claim under subsection 50(13) of the Act, particulars of which are as follows:
(Give full particulars of the claim, including the calculations upon which the claim is based)
5. That, to the best of my knowledge, I am (or the above-named creditor is) (or am not or is not)
related to the debtor within the meaning of section 4 of the Act.
6. That the following are the payments that I have received from, and the credits that I have
allowed to, the debtor within the three months (or, if the creditor and the debtor are related within the
meaning of section 4 of the Act, within the 12 months) immediately before the date of the initial
(2)
bankruptcy event within the meaning of Section 2 of the Act: (Provide details of payments and
credits.)
__________________________________________________________________________________
__________________________________________________________________________________
____________________
(Applicable only in the case of the bankruptcy of an individual.)
( ) I request to be advised of any material change in the financial situation of the bankrupt,
pursuant to subparagraph 102(3)(b)(i) of the Act.
( ) I request to be advised of any amendment made regarding the amount that the bankrupt is
required to pay, pursuant to subsection 68(4) of the Act.
( ) I request that a copy of the report filed by the trustee regarding the bankrupt's application for
discharge pursuant to subsection 170(1) of the Act be sent to the above address.
Dated at ________________, this _______ day of _____________ , ___________.
________________________________
Witness
_____________________________________
Signature of Creditor
NOTE: If an affidavit or solemn declaration is attached, it must have been made before a person
qualified to take affidavits or solemn declarations.
WARNINGS: A trustee may, pursuant to subsection 128(3) of the Act, redeem a security on payment
to the secured creditor of the debt or the value of the security as assessed, in a proof of security, by the
secured creditor.
Subsection 201(1) of the Act provides severe penalties for making any false claim, proof,
declaration or statement of account.
PLEASE COMPLETE GENERAL PROXY ON REVERSE SIDE (IF APPLICABLE)
(3)
General Proxy
(Paragraphs 51(1)(e) and 66.15(3)(b) and
subsection 102(2) of the Act)
I, ________________________________________ (name of creditor), of
___________________________________________ (name of town or city),
a creditor in the above matter, hereby appoint _____________________________________,
of ____________________________________________ , to be my general proxy in the
above matter, except as to the receipt of dividends, with (or without) power to appoint another
general proxy in his or her place.
Dated at __________________, this_______ day of _____________, 20____
_______________________
Witness
____________________ ________________________
Individual Creditor
Name of Corporate Creditor
_______________________
Witness
Per: _______________________________________
Name and Title of Signing Officer
(4)
PricewaterhouseCoopers Inc.
CHECKLIST FOR PROOF OF CLAIM
PricewaterhouseCoopers Inc.
Atlantic Place
215 Water Street Suite 802
Box 75
St. John’s Newfoundland
Canada A1C 6C9
Telephone +1 (709) 722 3883
Facsimile +1 (709) 722 5874
Direct Tel. (709) 722-3883
Direct Fax (709) 722-5874
This checklist is provided to assist you in preparing the accompanying proof of claim form and, where required,
proxy form in a complete and accurate manner. Please specifically check each requirement.
GENERAL
_ The signature of a witness is required.
_ The claim must be signed personally by the individual completing this declaration
_ Give the complete address where all notices or correspondence is to be forwarded.
_ The amount on the statement of account must correspond to the amount indicated on the proof of claim.
PARAGRAPH (1) OF THE PROOF OF CLAIM
_ A creditor must state full and complete legal name of company or firm.
_ If the individual completing the proof of claim is not the creditor in person, he or she must state his or her
position or title.
PARAGRAPH (3) OF THE PROOF OF CLAIM
_ The statement of account must be complete.
NOTE: A detailed statement of account of the last three months must be attached to the proof of claim and must
show the date, the number and the amount of all the invoices or charges, together with the date, the number and
the amount of all credits or payments. A statement of account is not complete if it begins with an amount brought
forward.
PARAGRAPH (4) OF THE PROOF OF CLAIM
_ An unsecured creditor must strike out sub-paragraphs (B) and (C). Unsecured creditors must tick the box
which states "I do not claim a right to a priority."
_ A preferred creditor has priority over unsecured creditors under Section 136 of the Bankruptcy and
Insolvency Act and must strike out sub-paragraphs (B) and (C). Preferred creditors must tick the box which
states "I claim a priority ....".
_ A secured creditor must strike out sub-paragraphs (A) and (C) and must complete sub-paragraph (B) and
provide a certified true copy of the security document as registered.
Cklistpwc.doc
_
A farmer, fisherman or aquaculturist must strike out sub-paragraphs (A) and (B) and complete sub-paragraph
(C) and attach a copy of the sales agreement and delivery documents.
PARAGRAPH (5) OF THE PROOF OF CLAIM
_ All claimants must indicate if they are related or not to the debtor, as defined in Section 4 of the Bankruptcy
and Insolvency Act.
PARAGRAPH (6) OF THE PROOF OF CLAIM
_ All claimants must attach a detailed list of all payments or credits received or granted, as follows:
(a) within the three (3) months preceding the bankruptcy or proposal in the case where the claimant and the
debtor are not related.
(b) within the twelve (12) months preceding the bankruptcy or proposal, in the case where the claimant and
the debtor are related.
**** PROXY ****
NOTE: The Bankruptcy and Insolvency Act permits a proof of claim to be made by a duly authorized agent for
a creditor but this does not give such a person power to vote at the first meeting of creditors or to act as the proxy
of the creditor.
GENERAL
_ A creditor may vote either in person or by proxy.
_ A debtor may not be appointed a proxy to vote at any meeting of his creditors.
_ The Trustee may be appointed as a proxy for any creditor.
_ A corporation may vote by an authorized agent at a meeting of creditors.
_ In order for a duly authorized person to have a right to vote, he must himself be a creditor or be the holder of
a properly executed proxy. The name of the creditor must appear in the proxy.
(2)
District of Newfoundland
Division No. 01
Court No. 2002 01T 0352
Estate No. 101046
NOTICE AND STATEMENT OF THE RECEIVER
(Subsection 245(1) and 246(1) of the Act)
IN THE MATTER OF THE RECEIVERSHIP OF
HICKMAN EQUIPMENT (1985) LIMITED
The receiver gives notice and declares that:
1. On the 13th day of March, 2002, we, PricewaterhouseCoopers Inc., became the
receiver in respect of the property of Hickman Equipment (1985) Limited, that is
described below.
Accounts receivable and tax receivable
Parts Inventory
Heavy equipment inventory
Other Inventory
Cash on Hand
TOTAL
$ 2,000,000.00
$ 6,500,000.00
$30,000,000.00
$ 2,201,863.00
$ 175,695.00
$40,877,558.00
2. We became receiver by taking possession or control of the property described
above or by virtue of being appointed by Supreme Court of Newfoundland and
Labrador pursuant to Court Order.
3. The undersigned took possession or control of the property described above on
the 13th day of March, 2002.
4. The following information relates to the receivership:
(a)
(b)
(c)
(d)
Address of bankrupt: 1269 Topsail Road, Mt. Pearl, NF A1N 3C8
Principal line of business: Heavy Equipment Sales and Service
Location(s) of Business: Mount Pearl, Newfoundland
Corner Brook, Newfoundland
Grand Falls-Windsor, Newfoundland
Happy Valley-Goose Bay, Newfoundland
Amount owed by the bankrupt to each creditor who holds a security on
the property described above:
See attached Statement of Affairs (summary)
FOR SALE BY TENDER
MOBILE AND PORTABLE STAGING
AUDIO VISUAL EQUIPMENT
PA AND DJ EQUIPMENT
TRADE SHOW EQUIPMENT
FOOD SERVICE, WEDDING AND
PARTY RENTAL EQUIPMENT AND TENTING
PricewaterhouseCoopers Inc., in its capacity as Court Appointed Receiver for Hickman Equipment
(1985) Limited (“Hickman”), will receive sealed Tenders until 12:00 noon, Thursday, April 25, 2002 for
the purchase of the Receiver’s interest in the assets of Show Tech Audio Visuals and Celebration RentAlls, divisions of Hickman, located in St. John’s, NF, as described below:
! Stageline SL320 40’ X 40’ Mobile Stage c/w stairs, skirting, wind
walls, rails and related equipment;
! Touring PA System comprised of mid/hi cabinets & subs, amplifiers,
consoles, effects, processing & related equipment;
! Various audio/visual and lighting equipment for events, conferences
etc.;
! Selection of tenting, portable flooring, walls, tools & related tent
products designed for weddings and special events;
! Trade show equipment including pipe & drape, tables, chairs, carpets
and related equipment;
! Inventory of glassware, dishes, flatware, food service and party
equipment rentals;
! Parts and supplies inventory for both the Show Tech and the
Celebration divisions;
! Warehouse racking and equipment; and
! Office furniture and equipment
The Terms and Conditions of Sale by Tender may be obtained from our website at
www.pwcglobal.com/brs-hel
To obtain the terms and conditions of sale and complete information package and an appointment to view,
please contact Wilbur J. Rice or Melody Curran at the following address:
PricewaterhouseCoopers Inc.
Receiver of Hickman Equipment (1985) Ltd.
Suite 802, Atlantic Place, Box 75
215 Water Street
St. John’s, Newfoundland
A1C 6C9
Attention: Wilbur J. Rice, CA, CIRP
(709) 722-3883 or 1-800-291-3883
(709) 722-5874 (fax)
[email protected]