Post by dmdmd1 on May 29, 2013 11:58:33 GMT -5
The following letters were faxed and emailed to the US Trustee Office, and a hard copy of the Judge's letter was submitted to the Court.
May 28, 2013
Office of the United States Trustee
Attn: MS Tracy Hope Davis
U.S. Federal Office Building
201 Varick Street, Suite 1006
New York, NY 10014
Telephone: (212) 510-0500
Facsimile: (212) 668-2255
Attn: Brian S. Masumoto
brian.masumoto@usdoj.gov
Re: Official Equity Committee formation for Case #12-10202 Eastman Kodak Company
Dear Ms. Davis and Mr. Masumoto,
This is a second supplemental letter in support of my initial Equity Committee formation request letter which was submitted on April 30, 2013.
The first supplemental in support of an Equity Committee formation was submitted to your office on May 22, 2013 by fax, and the Bankruptcy Court received and filed a letter alleging Insider Trading by 2nd Lien Lenders and other Secured & Unsecured Creditors/Debt Holders on May 24, 2013 and assigned it Docket #3774.
The attached 5 page letter will be submitted to the court to further support allegations of potential Insider Trading by the entities listed in “Exhibit-1” (I will also attach this exhibit as an Excel Spreadsheet on an email).
Please appoint an Official Equity Committee before the Chapter 11 case proceeds any further.
Sincerely,
Letter sent to Judge Gropper:
May 28, 2013
The Honorable Judge Allan L. Gropper
U.S. Bankruptcy Court for the Southern District of New York
One Bowling Green
New York, NY 10004
Case#12-10202 Eastman Kodak Company
Re: Letter in support of Potential Insider Trading by 2nd Lien Lenders and other Secured & Unsecured Creditors/Debt Holders
Dear Honorable Judge Allan L. Gropper,
This letter is in support of my initial letter that was assigned Docket #3774 filed in your court on May 24, 2013.
The following is a list of 2nd Lien Lenders and other Secured & Unsecured Creditors/Debt Holders (“Secured and Unsecured Creditors”), entities that owned and traded some or all of the listed bonds while in possession of Material Non-Public Information (“MNPI”) from January 2012 to May 2013. The Secured and Unsecured Creditors were the stakeholders that were negotiating the Junior DIP Facility/Exit Facility, and Plan Of Reorganization (“POR”). The entities are listed along with their positions in the corresponding bonds: Secured 2018 Notes, Secured 2019 Notes, Unsecured 2013 Notes, Unsecured Debt, Unsecured Claims.
The Secured 2018 and Secured 2019 Notes are the bonds that were exchanged for the $375 million in “Junior Loans” (these are the bonds that were awarded 85% of the new company equity per the POR released on April 30, 2013).
There are 6 entities from the list below that also traded in the Unsecured Claims: Barclays, Blackstone, Contrarian, Deutsche Bank, JP Morgan Securities LLC, and Serengeti.
1) Alden Global
2) Archview L.P.
3) Aristeia Horizons, L.P.
4) Avenue Capital
5) Barclays ("Unsecured Claims" = $17.953 Million)
6) Bennett Management Corp.
7) Blackstone GSO Capital Partners ("Unsecured Claims" = $135 Million)
8) Brentcourt Advisors LLC
9) Brevan Howard
10)BTG Pactual
11)Capital Ventures International
12)Chatham Capital, LLC
13)Chicago Fundamental Invest Partners LLC
14)Contrarian Capital Management, L.L.C. ("Unsecured Claims" = $152.6 Million)
15)Credit Suisse
16)CSS, LLC
17)Cyrus
18)Davidson Kempner Capital Mng LLC
19)Deutsche Bank Securities Inc.("Unsecured Claims" = $20 Million)
20)Fore Research & Management LP
21)George Karfunkel
22)GoldenTree Asset Management, LP
23)Greenlight Capital
24)Guggenheim Securities, LLC
25)Hudson Bay Capital Management LP
26)J.P. Morgan Securities LLC ("Unsecured Claims" = $15.081 Million)
27)JP Morgan Investment Management
28)Knighthead
29)KS Management
30)Linden
31)Litespeed
32)Lonestar Capital Management LLC
33)Mariner LDC
34)Mariner Tricadia Credit Strategies
35)Marneu Holding Co.
36)Matlin Patterson Asset Management LLC
37)Merrill Lynch, Pierce, Fenner & Smith
38)Momar Corporation
39)Moore Capital Management LP
40)Morgan Stanley
41)Moses Marx
42)Nomura Corporate Research and Asset
43)Och-Ziff Capital Management Group LLC
44)Onex Credit Partners, LLC
45)P. Schoenfeld Asset Management L.P.
46)Permal Stone Lion Fund Ltd
47)Perry Capital Management Inc
48)RBS Global Banking & Markets
49)River Birch Capital
50)Scoggin LLC
51)Serengeti Asset Management LP ("Unsecured Claims" = $40 Million)
52)Silver Point Capital
53)Stone Lion Capital Partners L.P.
54)Strategic Value Partners, LLC
55)Taconic Capital Advisors LP
56)The D. E. Shaw Group
57)Tricadia Capital Management
58)UBS Securities LLC
59)United Equities Commodities Company
60)Visium Asset Management
61)Wolverine Asset Management
“Exhibit-1” was compiled from data in Docket# 153 (Debt Holdings as of Jan. 31, 2012); Docket# 1390 (Debt Holdings as of June 14, 2012); Docket# 1715 (Debt Holdings as of July 7, 2012); Docket # 2389 (Debt Holdings as of Nov. 14, 2012); Docket# 3371 (Debt Holdings as of March 14, 2013); Docket#3689 (Debt Holdings as of May 7, 2013).
Your Honor, I humbly request the appointment of an Official Equity Committee in order to represent the Common Shareholders, along with a request to appoint an Examiner to investigate potential Insider Trading by the Secured and Unsecured Creditors.
Sincerely,
May 28, 2013
Office of the United States Trustee
Attn: MS Tracy Hope Davis
U.S. Federal Office Building
201 Varick Street, Suite 1006
New York, NY 10014
Telephone: (212) 510-0500
Facsimile: (212) 668-2255
Attn: Brian S. Masumoto
brian.masumoto@usdoj.gov
Re: Official Equity Committee formation for Case #12-10202 Eastman Kodak Company
Dear Ms. Davis and Mr. Masumoto,
This is a second supplemental letter in support of my initial Equity Committee formation request letter which was submitted on April 30, 2013.
The first supplemental in support of an Equity Committee formation was submitted to your office on May 22, 2013 by fax, and the Bankruptcy Court received and filed a letter alleging Insider Trading by 2nd Lien Lenders and other Secured & Unsecured Creditors/Debt Holders on May 24, 2013 and assigned it Docket #3774.
The attached 5 page letter will be submitted to the court to further support allegations of potential Insider Trading by the entities listed in “Exhibit-1” (I will also attach this exhibit as an Excel Spreadsheet on an email).
Please appoint an Official Equity Committee before the Chapter 11 case proceeds any further.
Sincerely,
Letter sent to Judge Gropper:
May 28, 2013
The Honorable Judge Allan L. Gropper
U.S. Bankruptcy Court for the Southern District of New York
One Bowling Green
New York, NY 10004
Case#12-10202 Eastman Kodak Company
Re: Letter in support of Potential Insider Trading by 2nd Lien Lenders and other Secured & Unsecured Creditors/Debt Holders
Dear Honorable Judge Allan L. Gropper,
This letter is in support of my initial letter that was assigned Docket #3774 filed in your court on May 24, 2013.
The following is a list of 2nd Lien Lenders and other Secured & Unsecured Creditors/Debt Holders (“Secured and Unsecured Creditors”), entities that owned and traded some or all of the listed bonds while in possession of Material Non-Public Information (“MNPI”) from January 2012 to May 2013. The Secured and Unsecured Creditors were the stakeholders that were negotiating the Junior DIP Facility/Exit Facility, and Plan Of Reorganization (“POR”). The entities are listed along with their positions in the corresponding bonds: Secured 2018 Notes, Secured 2019 Notes, Unsecured 2013 Notes, Unsecured Debt, Unsecured Claims.
The Secured 2018 and Secured 2019 Notes are the bonds that were exchanged for the $375 million in “Junior Loans” (these are the bonds that were awarded 85% of the new company equity per the POR released on April 30, 2013).
There are 6 entities from the list below that also traded in the Unsecured Claims: Barclays, Blackstone, Contrarian, Deutsche Bank, JP Morgan Securities LLC, and Serengeti.
1) Alden Global
2) Archview L.P.
3) Aristeia Horizons, L.P.
4) Avenue Capital
5) Barclays ("Unsecured Claims" = $17.953 Million)
6) Bennett Management Corp.
7) Blackstone GSO Capital Partners ("Unsecured Claims" = $135 Million)
8) Brentcourt Advisors LLC
9) Brevan Howard
10)BTG Pactual
11)Capital Ventures International
12)Chatham Capital, LLC
13)Chicago Fundamental Invest Partners LLC
14)Contrarian Capital Management, L.L.C. ("Unsecured Claims" = $152.6 Million)
15)Credit Suisse
16)CSS, LLC
17)Cyrus
18)Davidson Kempner Capital Mng LLC
19)Deutsche Bank Securities Inc.("Unsecured Claims" = $20 Million)
20)Fore Research & Management LP
21)George Karfunkel
22)GoldenTree Asset Management, LP
23)Greenlight Capital
24)Guggenheim Securities, LLC
25)Hudson Bay Capital Management LP
26)J.P. Morgan Securities LLC ("Unsecured Claims" = $15.081 Million)
27)JP Morgan Investment Management
28)Knighthead
29)KS Management
30)Linden
31)Litespeed
32)Lonestar Capital Management LLC
33)Mariner LDC
34)Mariner Tricadia Credit Strategies
35)Marneu Holding Co.
36)Matlin Patterson Asset Management LLC
37)Merrill Lynch, Pierce, Fenner & Smith
38)Momar Corporation
39)Moore Capital Management LP
40)Morgan Stanley
41)Moses Marx
42)Nomura Corporate Research and Asset
43)Och-Ziff Capital Management Group LLC
44)Onex Credit Partners, LLC
45)P. Schoenfeld Asset Management L.P.
46)Permal Stone Lion Fund Ltd
47)Perry Capital Management Inc
48)RBS Global Banking & Markets
49)River Birch Capital
50)Scoggin LLC
51)Serengeti Asset Management LP ("Unsecured Claims" = $40 Million)
52)Silver Point Capital
53)Stone Lion Capital Partners L.P.
54)Strategic Value Partners, LLC
55)Taconic Capital Advisors LP
56)The D. E. Shaw Group
57)Tricadia Capital Management
58)UBS Securities LLC
59)United Equities Commodities Company
60)Visium Asset Management
61)Wolverine Asset Management
“Exhibit-1” was compiled from data in Docket# 153 (Debt Holdings as of Jan. 31, 2012); Docket# 1390 (Debt Holdings as of June 14, 2012); Docket# 1715 (Debt Holdings as of July 7, 2012); Docket # 2389 (Debt Holdings as of Nov. 14, 2012); Docket# 3371 (Debt Holdings as of March 14, 2013); Docket#3689 (Debt Holdings as of May 7, 2013).
Your Honor, I humbly request the appointment of an Official Equity Committee in order to represent the Common Shareholders, along with a request to appoint an Examiner to investigate potential Insider Trading by the Secured and Unsecured Creditors.
Sincerely,