The process of reaching a settlement under the extraordinary administration procedure of Agrokor is one of the most complex in Croatia and in Europe due to the complexities of Agrokor as a business and the total amount of the debt as well as the large number of creditors, 5.700 of them. This section contains all the news on the process of reaching of a settlement for all the key stakeholders, as well as the latest details and developments.
Notice of Recognition Hearing on Foreign Recognition Proceedings
13. Jul 2018.
Agrokor d.d. and eight of its affiliates (Agrokor Trgovina d.o.o.; Belje d.d.; Ledo d.d.; Jamnica d.d.; Konzum d.d.; PIK-Vinkovci d.d.; Vupik d.d.; Zvijezda d.d.) have filed a Chapter 15 petition with the United States Bankruptcy Court for the Southern District of New York seeking U.S. recognition of Agrokor’s Settlement Plan, which was recently approved by creditors and the Commercial Court of Zagreb.
What follows is the notice of recognition hearing, which will be held on August 27, 2018, at 10:00 a.m.:
NOTICE OF RECOGNITION HEARING
ON FOREIGN RECOGNITION PROCEEDINGS
PLEASE TAKE NOTICE that on July 12, 2018, Fabris Peruško, as the authorized foreign representative (the “Foreign Representative”) of the above-captioned debtors (collectively, the “Debtors”), whose extraordinary administration proceedings under Croatian law are currently pending in Zagreb, Republic of Croatia (the “Croatian Proceedings”), filed a Verified Petition for (I) Recognition of Foreign Main Proceedings, (II) Recognition of Foreign Representative, and (III) Related Relief under Chapter 15 of the Bankruptcy Code (the “Verified Petition”) pursuant to 11 U.S.C. §§ 1504, 1515, and 1517 with the United States Bankruptcy Court for the Southern District of New York.
PLEASE TAKE FURTHER NOTICE that, among other things, the Debtors seek entry of an order recognizing the Croatian Proceedings as foreign main proceedings pursuant to section 1517 of title 11 of the United States Code (the “Bankruptcy Code”) and granting certain additional relief pursuant to sections 105(a), 1507, 1510, 1515, and 1521 of the Bankruptcy Code.
PLEASE TAKE FURTHER NOTICE that the Court has scheduled a hearing with respect to the Verified Petition (the “Recognition Hearing”) for 10:00 a.m. (prevailing Eastern Time) on August 27, 2018.
PLEASE TAKE FURTHER NOTICE that any party-in-interest wishing to submit a response or objection to the Verified Petition must do so in accordance with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the Court, and such response or objection must be in writing and set forth the basis therefor, which response or objection must be filed with the Court in accordance with General Order M-399 and shall be served upon United States counsel for the Foreign Representative: Kirkland & Ellis LLP, 601 Lexington Avenue, New York, New York 10022, Attn.: Daniel Rudewicz and Kirkland & Ellis LLP, 300 North LaSalle, Chicago, Illinois 60654, Attn.: Adam C. Paul, P.C., and Brad Weiland, so as to be actually received no later than August 20, 2018, at 12:00 p.m. (prevailing Eastern Time), with a courtesy copy served upon the Chambers of the Honorable Martin Glenn, United States Bankruptcy Judge, United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004-1408.
Please take further notice that copies of the Verified Petition filed by the Foreign Representative may be obtained by visiting the Court’s website at http://www.nysb.uscourts.gov (a PACER login and password are required to retrieve a document) or upon written request to the Foreign Representative’s United States counsel addressed to: Kirkland & Ellis LLP, 601 Lexington Avenue, New York, New York 10022, Attn.: Daniel Rudewicz and Kirkland & Ellis LLP, 300 North LaSalle, Chicago, Illinois 60654, Attn.: Adam C. Paul, P.C., and Brad Weiland.
Please take further notice that hearings in this matter, including the Recognition Hearing, shall take place at the United States Bankruptcy Court of the Southern District of New York, One Bowling Green, New York, New York 10004‑1408.
Please take further notice that at such hearing the Court may order the scheduling of a case management conference to consider the efficient administration of these chapter 15 cases.
PLEASE TAKE FURTHER NOTICE that your rights may be affected. You should read the Verified Petition carefully and discuss it with your attorney, if you have one in connection with these chapter 15 cases. If you do not have an attorney, you may wish to consult one.
PLEASE TAKE FURTHER NOTICE that if you do not want the Court to grant the relief requested by the Foreign Representative, or if you want the Court to consider your views on any matter requested at the Recognition Hearing, then you or your attorney must attend such hearing. If you or your attorney do not take these steps, the Court may decide that you do not oppose the relief sought by the Foreign Representative and may enter an order granting the relief requested.