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Aero Inventory (UK) limited and Aero Inventory plc. 

On November 11, 2009, the Ontario Superior Court of Justice (Commercial List) issued an order (the “Recognition Order”) recognizing administration orders made November 11, 2009 (the “English Orders”) by the High Court of Justice (Chancery Division, Companies Court) of England and Wales in respect of each of Aero Inventory (UK) Limited and Aero Inventory plc (together, the “Foreign Debtors”), and recognizing the proceedings contemplated by the English Orders as foreign main proceedings pursuant to the Companies’ Creditors Arrangement Act, R.S.C., 1985, c. C.-36.

The English Orders contemplate the Foreign Debtors’ protection under the Insolvency Act, 1986, Schedule B1, in England and Wales. Pursuant to the English Orders, James Robert Tucker, Richard Heis and Allan Watson Graham of KPMG LLP (the “Foreign Representatives”) were appointed as joint administrators of the affairs, business and property of the Foreign Debtors. KPMG Inc. was appointed as Information Officer in Canada.

On Friday January 22, 2010, the Joint Administrators of Aero Inventory (UK) Limited ("Aero UK") and Aero Inventory Plc ("Aero Plc" and collectively the "Foreign Debtors") assigned the Foreign Debtors into bankruptcy, pursuant to the Bankruptcy and Insolvency Act (“BIA”) of Canada with KPMG Inc. being named as the Trustee in Bankruptcy of both Aero UK and Aero Plc (the “Trustee”).

 

Pursuant to an order of the Ontario Superior Court of Justice (Commercial List) (the "Canadian Court") granted on February 10, 2010, the Trustee was granted an extension of the time period to perform certain statutory obligations under the BIA including calling the first meeting of creditors for each of Aero Plc and Aero UK.

 

On February 3, 2014, the Canadian Court issued an order varying the February 10, 2010 order and, among other things, requiring the Trustee to comply with obligations to call and hold a first meeting of creditors of each of Aero Plc and Aero UK.

 

On April 7, 2014, the first meeting of creditors for Aero Plc and Aero UK were duly held and the appointment of the Trustee was affirmed and inspectors appointed.

Please click on the icon to access the corresponding folder and file.

 Appointment

Folder: Address and Service ListAddress and Service List
Folder: 2010-02 - Deferral of Trustee Duties2010-02 - Deferral of Trustee Duties
Folder: 2010-01 - Trustee appointment - Aero UK and Aero plc2010-01 - Trustee appointment - Aero UK and Aero plc
Folder: 2009-11 - Recognition Order and Appointment of Information Officer2009-11 - Recognition Order and Appointment of Information Officer

 2014 04 - First Meeting of Creditors

Folder: Aero PLCAero PLC
Folder: Aero UKAero UK

 Reports and relevant Court Materials and Orders

Folder: 2010 01 - Air Canada - Motion Record re Variation of Recognition Order2010 01 - Air Canada - Motion Record re Variation of Recognition Order
Folder: Trustee - Motion Record re Preference Claim2010 04 - Trustee - Motion Record re Preference Claim
Folder: 2010 06 - 1st Report of the Trustee and Information Officer updating the Court2010 06 - 1st Report of the Trustee and Information Officer updating the Court
Folder: Air Canada - Motion Record re Regularization of Bankruptcy2010 08 09 - Air Canada - Motion Record re Regularization of Bankruptcy
Folder: Air Canada - Responding Motion Record re Preference Claim2010 08 13 - Air Canada - Responding Motion Record re Preference Claim
Folder: 2010 09 - Trustee - Supplementary Motion Record re Preference Claim2010 09 - Trustee - Supplementary Motion Record re Preference Claim
Folder: Affidavit re Lloyds TSB Security2010 12 09 - Affidavit re Lloyds TSB Security
Folder: 2010 12 10 - Air Canada - Factum re Reg. of Bankruptcy and Trustee's Role2010 12 10 - Air Canada - Factum re Reg. of Bankruptcy and Trustee's Role
Folder: 2010 12 30 - Trustee - Factum re Reg. of Bankruptcy and Trustee's Role2010 12 30 - Trustee - Factum re Reg. of Bankruptcy and Trustee's Role
Folder: 2011 01 - 2nd Report  - Approval and Vesting Order2011 01 - 2nd Report  - Approval and Vesting Order
Folder: Court Endorsement re Regularization and Proceeds of Preference Claim2011 08 - Court Endorsement re Regularization and Proceeds of Preference Claim
Folder: Court Endorsement re ownership and uplift agreement2012 03 - Court Endorsement re ownership and uplift agreement
Folder: 2012 04 26 - 3rd Report of the Information Officer - Re Inventory consumption2012 04 26 - 3rd Report of the Information Officer - Re Inventory consumption
Folder: 2012 04 26 - 4th Report of the Information Officer - re Recovery of Inventory2012 04 26 - 4th Report of the Information Officer - re Recovery of Inventory
Folder: 5th Report of the Trustee and Information Officer updating the Court2013 01 - 5th Report of the Trustee and Information Officer updating the Court
Folder: 2013 04 - 6th Report  - Approval of Sale of the assets of the Foreign Debtors located in Canada2013 04 - 6th Report  - Approval of Sale of the assets of the Foreign Debtors located in Canada
Folder: 2013 10 - 7th Report  - Approval of Sale of certain Surplus Inventory2013 10 - 7th Report  - Approval of Sale of certain Surplus Inventory
Folder: 8th Report of the Trustee and Information Officer - Regularization Order2014 01 - 8th Report of the Trustee and Information Officer - Regularization Order
Folder: 2014 05 - Motion Record re- Air Canada Receivables2014 05 - Motion Record re- Air Canada Receivables
Folder: 2014 08 - Transition, Common Interest Agreement and Timetable Court Orders and Endorsements2014 08 - Transition, Common Interest Agreement and Timetable Court Orders and Endorsements

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Contact

Tim Montgomery
KPMG LLP | Restructuring & Turnaround
Bay Adelaide Centre
333 Bay Street, Suite 4600
Toronto, Ontario M5H 2S5
Tel: (416) 777-8615
Fax: (416) 777-3364
timmontgomery@kpmg.ca