Abengoa Bioenergy US Holding, LLC

Case No. 16-41161


Case Background

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

Liquidating Trust: 

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.

For questions regarding the Abengoa Liquidating Trust, please contact:

Liquidating Trustee
c/o Tim Daileader
Drivetrain, LLC
410 Park Avenue, Suite 900
New York, NY 10022
tdaileader@drivetrainllc.com

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:

Plan & Disclosure Statement

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:

First Day Motions

First Day Motions Press Release

First Day Orders


Dates

July 6 2017 Effective Date ___________ Notice and / ... Add to Calendar
+ SHOW ALL DATES
February 24 2016 __
March 2 2016 10:00 AM (CT)
April 6 2016 10:00 AM (CT)
Final Hearing on First Day Motions First Day Motions Add to Calendar
April 12 2016 11:00 AM (CT)
May 18 2016 11:30 AM (CT)
September 28 2016 5:00 PM (CT)
General Claim Bar Date Bar Date Notice Add to Calendar
October 17 2016 5:00 PM (CT)
Administrative Claim Motion Bar Date Notice Add to Calendar
December 12 2016 5:00 PM (CT)
Governmental Claim Bar Date Bar Date Notice Add to Calendar
February 27 2017 2:00 PM (CT)
June 6 2017 9:00 AM (CT)
July 6 2017 __

Parties

Debtors' Counsel

  • DLA Piper LLP (US)

    203 North LaSalle Street, Suite 1900
    Chicago, IL   60601
    https://www.dlapiper.com/en/us/
    Phone: 312.368.4000
    Fax: 312.236.7516

    Richard A. Chesley, Esq.

  • DLA Piper LLP (US)

    1201 North Market Street, Suite 2100
    Wilmington, DE   19801
    https://www.dlapiper.com/en/us/
    Phone: 302.468.5700
    Fax: 302.394.2341

    R. Craig Martin, Esq.

  • Armstrong Teasdale LLP

    7700 Forsyth Blvd, Suite 1800
    St. Louis, MO   63105
    http://www.armstrongteasdale.com/
    Phone: 314.621.5070
    Fax: 314.621.5065

    Richard W. Engel, Jr., Esq.

United States Trustee and Court Information

Debtors

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