Attached files
EXHIBIT 99
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
In re: )
) Case No. 11-15521-MER
EPIC ENERGY RESOURCES, INC. )
EIN: 94-3363969 ) Chapter 11
)
Debtor. )
------------------------------------)
IN RE: )
) Case No. 11-15523-MER
EPIC INTEGRATED SERVICES, INC. )
EIN: 84-1365735 ) Chapter 11
)
Debtor. ) Jointly Administered Under
) Case No. 11-15521-MER
NOTICE OF ORDER ESTABLISHING PROCEDURES AND BAR DATE FOR THE FILING OF
PROOFS OF CLAIM AND/OR INTEREST PURSUANT TO BANKRUPTCY RULE 3003(c)(3) AND
REQUESTS FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIMS UNDER 11
U.S.C. ss. 503(B)(9)
TO INDIVIDUALS AND ENTITIES WHO MAY BE CREDITORS OR INTEREST HOLDERS OF THE
DEBTORS:
Please take notice that the Bankruptcy Court has entered an Order
establishing procedures and a bar date of 5:00 P.M. PREVAILING MOUNTAIN TIME ON
OR BEFORE JUNE 16, 2011 ("Bar Date") for filing proofs of claim and/or interest
pursuant to Bankruptcy Rule 3003(c)(3) and Motions or Requests for Allowance of
Administrative Expense Claims under Bankruptcy Code ss. 503(b)(9) against the
Debtors as follows:
(a) All proofs of claim and proofs of interest must be filed with the
Clerk of the Bankruptcy Court by mail or in person, such that
they are received no later than the Bar Date, at the following
address:
Clerk of the United States Bankruptcy Court
United States Customs House
721 19th Street
Denver, CO 80202.
CLAIMS AND INTERESTS ARE NOT DEEMED FILED UNTIL ACTUALLY RECEIVED
BY THE CLERK.
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(b) Any creditor believing it is entitled to an administrative
expense claim under Bankruptcy Code ss. 503(b)(9) must file a
Motion or Request for Allowance of Administrative Expense Claim,
along with proper L.B.R. 9013 Notice, with the Clerk of the
United States Bankruptcy Court for the District of Colorado,
United States Customs House, 721 19th Street, Denver, CO
80202-2508 by e-filing, in person or by mail, such that they are
received no later than the Bar Date and served on counsel for the
Debtors so as to be received by the Bar Date at the address set
forth below. MOTIONS ARE NOT DEEMED FILED UNTIL ACTUALLY RECEIVED
BY THE CLERK.
(c) ANY CLAIMS, INTERESTS, MOTION OR REQUEST FOR ALLOWANCE OF
ADMINISTRATIVE EXPENSE CLAIM UNDER BANKRUPTCY CODE ss. 503(b)(9)
FILED OR NOT TIMELY SERVED AFTER THE BAR DATE SHALL BE FOREVER
DISALLOWED. Any individual or entity that is required to file a
proof of claim, proof of interest or Motion or Request for
Allowance of Administrative Expense Claim under Bankruptcy Code
ss. 503(b)(9) by the Bar Date and that fails to do so shall not
be treated as a creditor or interest holder for the purposes of
voting or distribution, may not receive any further notices of
mailings in these Chapter 11 cases and any claim or interest of
such individual or entity shall be forever barred.
(d) IT SHALL NOT BE SUFFICIENT TO FILE A PROOF OF CLAIM ASSERTING AN
ADMINISTRATIVE EXPENSE CLAIM UNDER BANKRUPTCY CODE ss. 503(b)(9)
WITHOUT FILING AN APPROPRIATE MOTION OR REQUEST AND L.B.R. 9013
NOTICE BY THE BAR DATE.
(e) Any creditor holding a claim or interest arising prior to date of
Debtors' Chapter 11 bankruptcy filing of March 18, 2011 shall
file a proof of claim and/or interest with Court if the claim or
interest is: (i) not scheduled, (ii) scheduled as disputed,
contingent, or unliquidated, or (iii) if such creditor or
interest holder disagrees with the amount of the scheduled claim.
(f) Following the Bar Date, a creditor or interest holder shall not
be allowed to amend a claim or interest deemed filed on its
behalf pursuant to Bankruptcy Code ss. 1111(a) by virtue of the
listing of such claim or interest by Debtors in its respective
bankruptcy schedules or filings. Nor shall a creditor be
permitted to amend a Motion or Request for Allowance of
Administrative Expense Claim after the Bar Date. Allowance of
such amendments would undermine the rationale of setting a bar
date.
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(g) In order to assist in the review and reconciliation of proofs of
claim, proofs of interest, and Motions or Requests for Allowance
of Administrative Expense Claim under Bankruptcy Code ss.
503(b)(9) the requesting party should include copies of any
invoices, statements or other documents which evidence or support
the amount and basis of the claim or interest.
(h) CLAIMANTS OR INTEREST HOLDERS WHO HAVE ALREADY FILED THEIR PROOFS
OF CLAIM OR INTEREST SHOULD NOT FILE A DUPLICATE CLAIM OR
INTEREST. Claimants or interest holders who have filed a Proof of
Claim or Interest MAY file an amended Proof of Claim or Interest
by the Bar Date.
ANY CLAIM, INTEREST OR MOTION OR REQUEST FOR ALLOWANCE OF ADMINISTRATIVE
EXPENSE CLAIM NOT PROPERLY FILED WITH THE CLERK OF COURT BY THE BAR DATE WILL BE
FOREVER BARRED FROM SHARING IN THE DEBTOR'S ESTATE OR BEING TREATED AS A CLAIM
OR INTEREST HOLDER FOR PURPOSES OF VOTING OR DISTRIBUTION.
DATED: May 12, 2011 Respectfully submitted,
By: /s/ Lee M. Kutner
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Lee M. Kutner #10966
Kathryn G. Foley #41543
KUTNER MILLER BRINEN, P.C.
303 East 17th Avenue, Suite 500
Denver, CO 80203
Telephone: (303) 832-2400
Telecopy: (303) 832-1510
Attorneys for Debtor
