As mentioned in my earlier posting:
(1) If you have not cashed your first check, or if you think you were due a check and did not get one, you have 12 months from the time the original checks were issued to get this straightened out. By my calculation that is approximately the beginning of October. If this applies to you, CONTACT AVAYA IMMEDIATELY..
At the end of this message is a copy of a letter sent by Avaya on January 22, 2019, to those who had not cashed their checks or whose checks were returned to Avaya. I am told that they will make one final attempt to contact people whose checks were not cashed.
If you have not received or cashed your check, or if you know of someone who is still looking for their check please make them aware of the rapidly approaching deadline.
Bob Emberger
AVAYA (logo)
January 22, 2019
Re: Notice of First Interim Distribution re: Avaya Inc. Bankruptcy Proceedings (Case No. 17-10089)
Dear (Redacted):
On August 22, 2018 Avaya Inc. and its affiliated debtors (collectively, the “Debtors”) filed the Debtors’ Motion for Entry of an Order (A) Establishing a Claims Reserve; (B) Authorizing Interim Distributions on Account of Allowed General Unsecured Claims; and (C) Granting Related Relief [Docket No. 2165] (the “Interim Distribution Motion”), seeking an authority to make an interim distribution to holders of general unsecured claims. On September 13, 2018 the Court approved the Debtors’ Interim Distribution Motion. See Docket No. 2194.
This letter is to inform you that on or around October 19, 2018, a check was sent to you in relation to this distribution process. According to our records, your check remains outstanding.
If you did not receive the check, please contact Prime Clerk immediately at 855-252-2156 or email avayainfo@primeclerk.com. Please have your claim number ready. Please note that pursuant to Article VI.F.4 of the Second Amended Joint Chapter 11 Plan of Reorganization of Avaya Inc. and its Debtor Affiliates [Docket No. 1423] (the “Plan”):
“In the event that any distribution to any Holder is returned as undeliverable, no distribution to such Holder shall be made unless and until the Reorganized Debtors have determined the then-current address of such Holder, at which time such distribution shall be made to such Holder without interest; provided that such distributions shall be deemed unclaimed property under section 347(b) of the Bankruptcy Code at the expiration of one year from the time of such distribution. After such date, all unclaimed property or interests in property shall be redistributed Pro Rata as provided under the Plan (it being understood that, for purposes of this Article VI.F.4, “Pro Rata” shall be determined as if the Claim underlying such unclaimed distribution had been disallowed) and all other unclaimed property or interests in property shall revert to the Reorganized Debtors without need for a further order by the Bankruptcy Court (notwithstanding any applicable federal, provincial, or state escheat, abandoned, or unclaimed property laws to the contrary), and the Claim of any Holder to such property or Interest in property shall be discharged and forever barred”.
“A distribution shall be deemed unclaimed if a holder has not: (a) accepted a particular distribution or, in the case of distributions made by check, negotiated such check; (b) given notice to the Reorganized Debtors of an intent to accept a particular distribution; (c) responded to the Debtors or Reorganized Debtors requests for information necessary to facilitate a particular distribution; or (d) taken any other action necessary to facilitate such distribution”.
If you did not receive your check, please contact Prime Clerk immediately using the contact information above, otherwise your right to receive payment under the plan might be impacted.