Abengoa Bioenergy US Holding, LLC
Case No. 16-41161
On February 24, 2016, Abengoa Bioenergy US Holding, LLC and five affiliated debtors (collectively, the "Debtors") each filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Missouri. The cases are pending before the Honorable Kathy A. Surratt-States and are jointly administered under Case No. 16-41161.
On June 12, 2016, six additional debtors filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Missouri.
For information related to the chapter 15 cases of Abengoa, S.A. et al., Case No. 16-10754 pending in the United States Bankruptcy Court for the District of Delaware, please click here.
For information related to the chapter 11 cases of Abeinsa Holding Inc. Case No. 16-10790 pending in the United States Bankruptcy Court for the District of Delaware, please click here.
Important Information & Dates
The GUC Liquidating Trust (the “Abengoa Liquidating Trust”) was formed pursuant to the Third Amended Joint Plans of Liquidation of the Debtors and the Official Committee of Unsecured Creditors under Chapter 11 of the Bankruptcy Code, dated February 27, 2017, filed with the United States Bankruptcy Court for the District of Eastern Missouri (Eastern Division) in the Chapter 11 Cases of Abengoa Bioenergy US Holding, LLC and Its affiliated debtors (the "Plan") to (a) administer the Liquidating Trust Assets; (b) prosecute, compromise and resolve Causes of Action including all Avoidance Actions (except against Exempt Entities); (c) adjudicate or liquidate General Unsecured Claims and other Claims against the Liquidating Debtors (other than the MRA Guarantee Claims and DIP Claims), and (d) defend, compromise and resolve causes of action against the Liquidating Debtors; (e) distribute the MRA Guarantee Claims Fund to the holders of MRA Guarantee Claims; (f) make all other payments and distributions required under the Plan; and (g) distribute the Liquidating Trust Assets for the benefit of the Beneficiaries provided for under the Plan.
The GUC Liquidating Trust Agreement was entered into on June 30, 2017 by and among (i) Abengoa Bioenergy of Indiana, LLC; Abengoa Bioenergy of Illinois, LLC; Abengoa Bioenergy US Holding, LLC; Abengoa Bioenergy Company, LLC; Abengoa Bioenergy Engineering & Construction, LLC; Abengoa Bioenergy of Nebraska, LLC; Abengoa Bioenergy Outsourcing, LLC; Abengoa Bioenergy Trading US, LLC; Abengoa Bioenergy Funding, LLC; Abengoa Bioenergy Maple, LLC; Abengoa Bioenergy Meramec Renewable, LLC; and Abengoa Bioenergy Operations, LLC (each a “Liquidating Debtor” and, collectively, the “Liquidating Debtors”), and (ii) Drivetrain, LLC, as Liquidating Trustee.
The Plan contemplates, among other things, that the Trust is created for the benefit of Holders of General Unsecured Claims against the Liquidating Debtors. On July 7, 2017, Bankruptcy Court entered its Confirmation Order and the Plan became effective, the Causes of Action vested to the Trust, and the Litigation Trust Assets were transferred to the Trust. Included among these Causes of Action are all actions that arise under Bankruptcy Code section 544, 545, 548, 549, 550 and 551 of the Bankruptcy Code (and similar state or common law), and actions that arise under Bankruptcy Code section 547, subject to limitations.
On December 23, 2020, the Court entered the Order Granting the GUC Liquidating Trustee’s Amended Motion for an Order to Make an Interim Distribution to Holders of ABL/ABIL Claims and for Related Relief. The Liquidating Trust and Prime Clerk, as Distributing Agent, consequently made payments to the Allowed Claimant equaling 100% of the ABI/ABIL Class 2 claims. Reserves were retained for claims still in dispute, though ongoing efforts are being made to resolve these claims.
The Liquidating Trustee has submitted a motion to the Court for an Order to make an Initial Distribution to Bioenergy claimants totaling 26% of the Allowed GUC Claim amounts. The Trustee anticipates making an Initial Distribution to Allowed Claimants upon entry of the Order, reserving for Disputed Claimants and the trust’s expenses, and then making a subsequent final distribution to all Allowed Claimants following the completion of the disputed claimants’ resolutions and the wind down of the Trust.
For questions regarding the Abengoa Liquidating Trust, please contact:
c/o Tim Daileader
410 Park Avenue, Suite 900
New York, NY 10022
Plan and Disclosure Statement:
On February 27, 2017, the Debtors and the Official Committee of Unsecured Creditors filed their Third Amended Joint Plans of Liquidation and the Disclosure Statement related thereto. On February 27, 2017, the Bankruptcy Court entered an order approving the Disclosure Statement. On June 8, 2017, the Bankruptcy Court entered an order confirming the Plan. On July 6, 2017, the Effective Date of the Plan occurred, and the Plan was consummated. To view copies of the Plan & Disclosure Statement documents, click on the link below:
Bar Date for Filing Proofs of Claim:
The Bankruptcy Court has set the following deadlines for filing proofs of claim against the Debtors:
- General Bar Date (all creditors other than Governmental Units): September 28, 2016 at 5:00 p.m. (CT)
- Administrative Claims Bar Date: August 7, 2017 at 5:00 p.m. (CT)
- Governmental Bar Date: December 12, 2016 at 5:00 p.m. (CT)
Click on "Submit a Claim" above to download a proof of claim form and for more information regarding filing a claim against the Debtors.
First Day Motions and Orders:
A hearing on the Debtors' First Day Motions was held on March 2, 2016 at 10:00 a.m. (CT) before the Honorable Kathy A. Surratt-States, United States Bankruptcy Court for the Eastern District of Missouri, Thomas F. Eagleton U.S. Courthouse, 111 S. 10th Street, 4th Floor, Courtroom 7 North, St. Louis, MO 63102.
A final hearing on certain of the First Day Motions was held on April 6, 2016.
Please click below to view and download the Debtors' First Day Motions, the First Day Motions Press Release and First Day Orders:
DLA Piper LLP (US)
203 North LaSalle Street, Suite 1900
Chicago, IL 60601
Richard A. Chesley, Esq.
DLA Piper LLP (US)
1201 North Market Street, Suite 2100
Wilmington, DE 19801
R. Craig Martin, Esq.
Armstrong Teasdale LLP
7700 Forsyth Blvd, Suite 1800
St. Louis, MO 63105
Richard W. Engel, Jr., Esq.
United States Trustee and Court Information
Office of the United States Trustee
111 South 10th Street
St. Louis, MO 63102
United States Bankruptcy Court
111 S. 10th Street, 4th Floor
St. Louis, MO 63102
|Case Number||Debtor Name||Petition Date|
|Case Number 16-41161||Debtor Name Abengoa Bioenergy US Holding, LLC||Petition Date February 24, 2016|
|Case Number 16-41163||Debtor Name Abengoa Bioenergy of Nebraska, LLC||Petition Date February 24, 2016|
|Case Number 16-41165||Debtor Name Abengoa Bioenergy Company, LLC||Petition Date February 24, 2016|
|Case Number 16-41168||Debtor Name Abengoa Bioenergy Engineering & Construction, LLC||Petition Date February 24, 2016|
|Case Number 16-41167||Debtor Name Abengoa Bioenergy Trading US, LLC||Petition Date February 24, 2016|
|Case Number 16-41171||Debtor Name Abengoa Bioenergy Outsourcing, LLC||Petition Date February 24, 2016|
|Case Number 16-44191||Debtor Name Abengoa Bioenergy Meramec Renewable, LLC||Petition Date June 12, 2016|
|Case Number 16-44192||Debtor Name Abengoa Bioenergy Funding, LLC||Petition Date June 12, 2016|
|Case Number 16-44193||Debtor Name Abengoa Bioenergy Maple, LLC||Petition Date June 12, 2016|
|Case Number 16-44194||Debtor Name Abengoa Bioenergy of Indiana, LLC||Petition Date June 12, 2016|
|Case Number 16-44195||Debtor Name Abengoa Bioenergy of Illinois, LLC||Petition Date June 12, 2016|
|Case Number 16-44196||Debtor Name Abengoa Bioenergy Operations, LLC||Petition Date June 12, 2016|