Potential Insider Information Timeline (most of my information are found on Dockets 3774, 3901, 4194)
August 01, 2011-- Poison Pill Implemented by Eastman Kodak (Shareholder Letter from Antonio Perez) in order to discourage hostile takeover, and keep the NOLs intact.
August 2011 to December 2011--Repeated reassurances from Antonio Perez that Eastman Kodak will not go into bankruptcy.
January 19, 2012--Chapter 11 petition. During the town hall meeting, Antonio Perez reassuring "all stakeholders" that Ch. 11 filing was basically for purposes of decreasing liabilities. Laura Quatela, stating that DI/KISS patents would garner at least "$6 billion" (extrapolated from the previous licensing data).
January 30, 2012--Rule 2019 Disclosures of Economic Interest of 2nd Lien Holders filed by Akin Gump et al.
Blackstone/GSO Capital Partners Debt Disclosures:
Docket #153 filed by Akin Gump on 1/30/12: $11M of 2018 Notes, $47.5M of 2019 Notes, $16.9M of Unsecured 2013 Notes.
Barclays Debt Disclosures:
Docket #153 filed by Akin Gump on 1/30/12: $13.5M of 2018 Notes, $8M of 2019 Notes.
Bank of America/Merrill Lynch Debt Disclosures:
Docket #153 filed by Akin Gump on 1/30/12: No Disclosures given.
JP Morgan Securities LLC Debt Disclosures:
Docket #153 filed by Akin Gump on 1/30/12: $10M of 2018 Notes, $10M of 2019 Notes, $33M of 2013 Notes.
JP Morgan Investments Management Inc. Debt Disclosures:
Docket #153 filed by Akin Gump on 1/30/12: $53.474M of 2018 Notes.
April 02, 2012--Rule 2019 Disclosures of Economic Interest of 2nd Lien Holders filed by Akin Gump et al.
Blackstone/GSO Capital Partners Debt Disclosures:
Docket #769 filed by Akin Gump on 4/2/12: $2.5M of 2018 Notes (decreased by $8.5M), Zero of 2019 Notes (decrease by $47.5M), Zero of Unsecured 2013 Notes (decrease by $16.9M).
Barclays Debt Disclosures:
Docket #769 filed by Akin Gump on 4/2/12: Zero of 2018 Notes (decreased by $13.5M), $5.5M of 2019 Notes (decreased by $2.5M).
Bank of America/Merrill Lynch Debt Disclosures:
Docket #769 filed by Akin Gump on 4/2/12: $1.257M of 2018 Notes (New), $7.5M of 2019 Notes, $1.829M Unsecured 2013 Notes.
JP Morgan Securities LLC Debt Disclosures:
Docket #769 filed by Akin Gump on 4/2/12: $36.295M of 2018 Notes (increased by $26.295M), $7.8M of 2019 Notes (decreased by $2.2M), $9.684M of 2017 Notes (New), Zero of Unsecured 2013 Notes (decreased by $33M), Shorted 20.031K shares of common stock (New) .
JP Morgan Investments Management Inc. Debt Disclosures:
Docket #769 filed by Akin Gump on 4/2/12: $27.428M of 2018 Notes (decreased by $26.046M), $23.85M of DIP Credit Agreement (New).
July 18, 2012--Rule 2019 Disclosures of Economic Interest of 2nd Lien Holders filed by Akin Gump et al.
Blackstone/GSO Capital Partners Debt Disclosures:
Docket #1696 filed by Akin Gump on 7/18/12: $50.5M of 2018 Notes (increased by $48M), $16.5M of 2019 Notes (increased by $16.5M), $4.8M of DIP Credit Agreement (increased by $4.8M).
Barclays Debt Disclosures:
Docket #1696 filed by Akin Gump on 7/18/12: No Disclosures given.
Bank of America/Merrill Lynch Debt Disclosures:
Docket #1696 filed by Akin Gump on 7/18/12: No Disclosures given.
Contrarian Capital Management, LLC Debt Disclosures:
Docket #1696 filed by Akin Gump on 7/18/12: $3M of 2018 Notes, $30M of 2019 Notes (NEW DISCLOSURE).
JP Morgan Investments Management Inc. Debt Disclosures:
Docket #1696 filed by Akin Gump on 7/18/12: $22.0M of 2018 Notes (decreased by $5.428M), Zero of DIP Credit Agreement (decreased by $23.85M).
JP Morgan Securities LLC Debt Disclosures:
Docket #1696 filed by Akin Gump on 7/18/12: $22.79M of 2018 Notes (decreased by $13.505M), $13.8M of 2019 Notes (increased by $13.8M), $16.23M of 2017 Notes (increased by $6.546M), $1.873M of 2013 Notes (New), $202K of General Unsecured Claims, $82K of Administrative Claims.
July 20, 2012--Rule 2019 Disclosures of Economic Interest of 2nd Lien Holders filed by Akin Gump et al.
Blackstone/GSO Capital Partners Debt Disclosures:
Docket #1715 filed by Akin Gump on 7/20/12: $50.5M of 2018 Notes (no change), $16.5M of 2019 Notes (no change), No disclosure on DIP Credit Agreement.
Barclays Debt Disclosures:
Docket #1715 filed by Akin Gump on 7/20/12: No Disclosures given.
Bank of America/Merrill Lynch Debt Disclosures:
Docket #1715 filed by Akin Gump on 7/20/12: $5.49M of 2018 Notes (increased by $4.233M), Zero of 2019 Notes (decreased by $7.5M), $1M of Unsecured 2017 Notes (New), $1.78M of Unsecured 2013 Notes (decreased by $49K).
Contrarian Capital Management, LLC Debt Disclosures:
Docket #1715 filed by Akin Gump on 7/20/12: $3M of 2018 Notes, $30M of 2019 Notes.
JP Morgan Investments Management Inc. Debt Disclosures:
Docket #1715 filed by Akin Gump on 7/20/12: $22.0M of 2018 Notes (no change).
JP Morgan Securities LLC Debt Disclosures:
Docket #1715 filed by Akin Gump on 7/20/12: $22.79M of 2018 Notes (no change), $13.8M of 2019 Notes (no change), $16.23M of 2017 Notes (no change), Shorted $1.873M of 2013 Notes (as of 7/18/12 there was $1.873M of 2013 Notes thus that position was sold and a new short position was opened two days later), $202K of General Unsecured Claims, $82K of Administrative Claims (no change).
September 2012--DI/KISS patents (1,100 patents) auction started with two big consortia. First consortium was headed by Apple, and the second consortium was headed by Samsung. Eventually, as the auction extended into October, the two consortia allegedly colluded and formed one big consortium, therefore potentially rigging the bidding the process to make sure the bids were artificially low.
November 15, 2012--Rule 2019 Disclosures of Economic Interest of 2nd Lien Holders filed by Akin Gump et al.
Blackstone/GSO Capital Partners Debt Disclosures:
Docket #2389 filed by Akin Gump on 11/15/12: No disclosures provided.
Barclays Debt Disclosures:
Docket #2389 filed by Akin Gump on 11/15/12: $1.5M of 2018 Notes (increased by $1.5M), Zero of 2019 Notes (decreased by $5.5M), $9.475M of 2017 Notes (New and an increase of $9.475M from Docket #769).
Bank of America/Merrill Lynch Debt Disclosures:
Docket #2389 filed by Akin Gump on 11/15/12: Zero of 2018 Notes (decreased by $5.49M), $2M of 2019 Notes (decreased by $5.5M), $2.5M of 2017 Notes (increased by $1.4M), Zero of Unsecured 2013 Notes (decreased by $1.78M).
Contrarian Capital Management, LLC Debt Disclosures:
Docket #2389 filed by Akin Gump on 11/15/12: $3M of 2018 Notes, $31.5M of 2019 Notes (increased by $500K).
JP Morgan Investments Management Inc. Debt Disclosures:
Docket #2389 filed by Akin Gump on 11/15/12: No Disclosures.
JP Morgan Securities LLC Debt Disclosures:
Docket #2389 filed by Akin Gump on 11/15/12: No Disclosures.
Late November 2012--First offer by 2nd Lien Holders to provide Junior DIP financing (approximately $830 million).
December 19, 2012--Announcement of DI/KISS 1,100 patents sold to a consortium of 12 big technology companies headed by Intellectual Ventures for $527 Million.
March 14, 2013--Rule 2019 Disclosures of Economic Interest of Unsecured Bond Holders filed by Kasowitz Benson et al.
George Karfunkel Debt Disclosures:
Docket #3371 filed by Kasowitz Benson on 3/20/13: $105M of 2017 Notes, $9M of 2018 Notes.
United Equities Commodities Co. Disclosures:
Docket #3371 filed by Kasowitz Benson on 3/20/13: $64.7295M of 2017 Notes, $1M of 2018 Notes, $500K of Unsecured 2013 Notes.
March 15, 2013-- Article titled “Eastman Kodak Company Announces the Expiration of the Offer to Subscribe for Loans and Exchange Notes for Loans”
Exchange $375 Million of 2018 and 2019 Secured Notes for new "Junior Loans" that was "oversubscribed". (Per the April 30, 2013 POR, This was the debt instrument that was given 85% of the new company equity).
May 10, 2013--Rule 2019 Disclosures of Economic Interest of 2nd Lien Holders filed by Akin Gump et al.
Blackstone/GSO Capital Partners Debt Disclosures:
Docket #3689 filed by Akin Gump on 5/10/13: $66.3M of 2018 Notes (increased by $16.2M), $38.1M of 2019 Notes (increased by $21.6M), $35.1M of New Money DIP Loans (New), $23.4M of Roll Up Loans (New), $135M of General Unsecured Claims (New).
Barclays Debt Disclosures:
Docket #3689 filed by Akin Gump on 5/10/13: $48,485 of New Money DIP Loans, $1.945M of Rolled Up Loans (Second Lien Notes that were converted into junior post petition financing loans under the Supplemental DIP Facility), Zero of 2018 Notes (decreased by $1.5M) and Shorted $3.572M of 2018 Notes (New), $5.252M of 2019 Notes (increased by $5.252M), Shorted $773K of 2017 Notes (New), Shorted $1.565M of 2013 Notes (New), $17.953719M of General Unsecured Claims.
Bank of America/Merrill Lynch Debt Disclosures:
Docket #3689 filed by Akin Gump on 5/10/13: $8.835M of 2018 Notes (increased by $8.835M), Shorted $5.373M of 2019 Notes (New), $400K of 2017 Notes (decreased by $2.1M), $214K of 2013 Notes (New).
Contrarian Capital Management, LLC Debt Disclosures:
Docket #3689 filed by Akin Gump on 5/10/13: $4.5M of 2018 Notes (increased by $1.5M), $5.5M of 2019 Notes (decreased $26M), $152.6M of Unsecured Claims (New).
JP Morgan Investments Management Inc. Debt Disclosures:
Docket #3689 filed by Akin Gump on 5/10/13: No Disclosures given.
JP Morgan Securities LLC Debt Disclosures:
Docket #3689 filed by Akin Gump on 5/10/13: $66K of 2018 Notes (decreased by $22.724M since Docket #1715),Zero of 2019 Notes (decreased by 18 since Docket #1715), $3.616M of 2017 Notes (decreased by $12.614M since Docket #1715), $1.575M of 2013 Notes, $5M of New Money DIP Loans (New), $4.247M of Rolled Up Loans (New), $202,138.59 of Administrative Claims, $15.081549 of General Unsecured Claims (New).
April 30, 2013--Release of the initial Disclosure Statment and POR which stated that 85% of the new company equity goes to the 2nd Lien Holders of the 2018 & 2019 Secured Notes and 15% of the new company equity goes to the Unsecured Bond Holders/Creditors.
The Debtors themselves have even alluded to the fact that there has been "substantial trading activity with respect to the 2nd Lien Notes". Here is the complete excerpt from the initial and amended Disclosure Statements.
Docket #3651 Disclosure Statement filed April 30, 2013, on page 16 of 182:
"The Debtors believe that there has been substantial trading activity with respect to the Second Lien Notes since the Debtors entered into the DIP Term Loan Credit Agreement and the Junior Loans were issued in exchange for $375,000,000 of the 2018 Notes and 2019 Notes."
June 18, 2013--Rights offering of $406 Million backstop by GSO Capital Partners, BlueMountain Capital, George Karfunkel, United Equities Group and Contrarian Capital.
www.passfail.com/news/daily-finance/kodak-seeks-approval-for-406-million-rights-offering-including-backstop-equity-commitment-from-cre/kodak-seeks-approval-for-406-million-rights-offering-including-backstop-equity-commitment-from-cre-9623898.htmJune 20, 2013--$895 Million Exit Financing by Barclays, Bank of America, JP Morgan
"Kodak secured post-emergence credit facilities of up to $895 million with J.P. Morgan (JPM), Bank of America Merrill Lynch (BAC) and Barclays (BCS) on Thursday, further paving the way for it to emerge from bankruptcy later this year.”
www.foxbusiness.com/industries/2013/06/20/kodak-borrows-85m-from-bofa-jp-morgan-for-chpt-11-exit/June 21, 2013--Amended Disclosure and POR released.
June 25, 2013--Approval of Disclosure Statement by Judge Allan L. Gropper
Read more:
kodak.boards.net/thread/6091/timeline-alleged-securities-fraud?page=1&scrollTo=43448#ixzz2Xuo33LGR