July 23 status report

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July 23 status report

Postby remberger » Tue Jul 23, 2019 6:32 am

Hello everyone,

The following is a quick status on the Avaya bankruptcy proceeding:

There were 2 outstanding claims, SAE Power and a retiree who wants to go by the initials AW.
1) The SAE Power claim has just been settled for an undisclosed amount and sent to the GUC administrator for final approval.

2) Avaya basically won against AW in Judge Bernstein’s bankruptcy court and AW has appealed in the US District Civil Court. [Judge: Alison J Nathan - Case #: 1:19-cv-05987] AW must file his brief by August 8 and Avaya their reply by August 22. My guess is that this appeal will not jeopardize any final distribution.

3) As of June 5, there was $2,040,005 remaining of the $57 million set aside to pay unsecured creditors (Avaya retirees and others). I presume that does not include the SAE settlement.

4) After mid-October any uncashed GUC settlement checks will be voided and the money left in the pool will be distributed to the unsecured creditors in (what will probably be) one, small, final check. I would expect a distribution sometime in the fourth quarter. This is my best guess.

Bob Emberger
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Re: July 23 status report

Postby tfelix » Mon Oct 07, 2019 8:51 pm

Is there any update on the final distribution(s)? Is this still going to happen? I read on Prime Clerk that Wattenmaker is still trying to challenge the last ruling.
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Re: July 23 status report

Postby remberger » Wed Oct 09, 2019 3:04 pm

I have not been in contact with Avaya's attorneys about a final disposition since I wrote my original post.

I am waiting to see if Avaya publishes a quarterly financial questionnaire to the court as it has done in the past. Typically that questionnaire is posted within a week of the quarter close (i.e. any day now if one is going to be posted). That questionnaire shows how much money remains to be distributed.

I am also waiting for the one year anniversary of receiving my check. It looks like I received mine the last week of October, 2018.

If I don't hear anything by Halloween week, I will reach out to the lawyers to see if I can get a status.

As far as I can tell, all claim amounts have been finalized, either by consent or by the court.

I am not a lawyer, but I don't believe the ongoing appeals by AW will delay any final distribution.

Bob Emberger
Posts: 101
Joined: Sat Jun 17, 2017 5:53 am

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