Notice of Deadline to File Administrative Proofs of Claim
| Supplemental Deadline to Submit Administrative Proofs of Claim (liabilities incurred in the ordinary course of business on or after March 2, 2013 but prior to June 4, 2013) |
August 5, 2013 by 4:00 PM (prevailing Eastern Time) Click Here |
| Deadline to Submit Administrative Proofs of Claim | March 15, 2013 by 4:00 PM (prevailing Eastern Time) |
| Proof of Claim Form for Asserting Administrative Claims | Click Here |
| Order Pursuant to Sections 105 and 503 of the Bankruptcy Code and Bankruptcy Rules 2002 and 9007 (I) Setting Bar Date for Filing Proofs of Claim Asserting Administrative Claims and (II) Approving Form and Manner of Notice Thereof | Click Here |
| Notice of Deadline for Filing Proofs of Claim Asserting Administrative Claims | Click Here |
Notice of Deadline to File General and Governmental Proofs of Claim
| Prepetition Proof of Claim Form (fillable .PDF format) | Click Here |
| Deadline to Submit General Proofs of Claim | August 22, 2012 at 5:00 PM (prevailing Eastern Time) |
| Deadline to Submit Governmental Proofs of Claim | August 29, 2012 at 5:00 PM |
| Order Pursuant to 11 U.S.C. § 502(b)(9) and Fed. R. Bankr. P. 3003(c)(3) Establishing Deadline for Filing Proofs of Claim and Procedures Relating Thereto and Approving Form and Manner of Notice Thereof (the "Bar Date Order") | Click Here |
| Notice of Deadlines for Filing Proofs of Claim (the "Bar Date Notice") | Click Here |
On February 6, 2013, the Chapter 11 Trustee filed a motion to establish the Administrative Bar Date as March 15, 2013 at 4:00 PM (prevailing Eastern Time) as the last date and time for each person or entity (including, without limitation, individuals, partnerships, corporations, joint ventures, estates and trusts), to file an Administrative proof of claim against MF Global Holdings Ltd., MF Global Finance USA, Inc., MF Global Capital LLC, MF Global FX Clear LLC, MF Global Market Services LLC and/or MF Global Holdings USA Inc.
On June 28, 2012, the Bankruptcy Court entered an order establishing August 22, 2012 at 5:00 PM (prevailing Eastern Time) as the last date and time for each person or entity (including, without limitation, individuals, partnerships, corporations, joint ventures, estates and trusts), other than any governmental units (as defined in section 101(27) of the Bankruptcy Code) ("Governmental Units"), to file a proof of claim against MF Global Holdings Ltd., MF Global Finance USA, Inc., MF Global Capital LLC, MF Global FX Clear LLC, MF Global Market Services LLC and/or MF Global Holdings USA Inc. Solely as to Governmental Units, the Bar Date Order established August 29, 2012 at 5:00 PM (prevailing Eastern Time) as the last date and time for each such Governmental Unit to file a proof of claim against the Debtors.
If you would like a copy of a Proof of Claim Form sent to you, please call 1-646-568-8128 or email mfgh@mfglobalholdings.com and include your name, mailing address and phone number.
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MF Global Holdings Ltd. et al./Proof of Claim Process
Frequently Asked Questions (“FAQs”)
On June 28, 2012, the United States Bankruptcy Court for the Southern District of New York entered an order (the “Bar Date Order”) [Docket No. 740] establishing August 22, 2012 at 5:00 p.m. (Prevailing Eastern Time) (the “General Bar Date”) as the last date and time for each person or entity (including, without limitation, individuals, partnerships, corporations, joint ventures, estates and trusts), other than any governmental units (as defined in section 101(27) of the Bankruptcy Code) (“Governmental Units”); to file a proof of claim against MF Global Holdings Ltd. (“Holdings Ltd.”), MF Global Finance USA, Inc. (“FinCo”), MF Global Capital LLC (“Capital”), MF Global FX Clear LLC (“FX Clear”), MF Global Market Services LLC (“Market Services”) and/or MF Global Holdings USA Inc. (individually, “Holdings USA”, and collectively with Holdings Ltd., FinCo, Capital, FX Clear and Market Services, the “Debtors”). Solely as to Governmental Units, the Bar Date Order established August 29, 2012 at 5:00 p.m. (Prevailing Eastern Time) as the last date and time for each such Governmental Unit to file a proof of claim against the Debtors (the “Governmental Bar Date”, and together with the General Bar Date, the “Bar Dates”). Further, pursuant to a stipulation between the Chapter 11 Trustee appointed in the Debtors’ cases and the plaintiffs in the adversary proceeding styled Todd Thielmann, et al., v. MF Global Holdings Ltd., et al., adversary proceeding no. 11-02880 (MG) (the “WARN Action”), the deadline to file a proof of claim solely with respect to claims against the Debtors for alleged violations of the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq., the New York Labor Law § 860 et seq., and the Illinois Wage Payment and Collection Act Il. St. Ch. 820 § 115/1 et seq. (collectively, the “Alleged WARN Claims”) has been extended to the later of: (1) the date that is forty-five (45) days from the entry of an order on the motion to dismiss the WARN Action filed by Holdings Ltd., Holdings USA and FinCo (collectively, the “WARN Action Defendants”); or (2) the date of the filing and service of the Warn Action Defendants’ answer to the plaintiff’s amended complaint (the “WARN Claim Bar Date”).
Below are some FAQs about the proof of claim process.
The foregoing only applies to proofs of claim against any of the Debtors. If you believe you have a claim against MF Global, Inc. or have questions relating to the MF Global, Inc. SIPA Proceeding (Case No. 11-2790 (MG)(SIPA)), information can be found at the SIPA Trustee's case administration website, http://www.mfglobaltrustee.com.
Keep in mind that neither the Plan Administrator nor Garden City Group, LLC, the claims agent in the Debtors’ chapter 11 cases, can provide legal advice about the Debtors’ chapter 11 cases. Although you do not need an attorney to file a claim, anyone with questions about whether he or she is a creditor or about how to pursue a potential claim against the Debtors should contact his or her own attorney for legal advice. Unless otherwise defined, capitalized terms used in these FAQs shall have the meaning set forth in the Bar Date Order.
1. Q: If I received a Bar Date Notice, does this mean that I have a claim?
A: Receipt of the Bar Date Notice and Proof of Claim Form does not necessarily mean that you have a claim against any of the Debtors. Only parties who believe they have a right to payment from the Debtors should timely submit a proof of claim. If you have questions about whether you are a creditor or about how to pursue a potential claim, you should contact your attorney for legal advice.
2. Q: If I am a shareholder of one of the Debtors, do I need to file a proof of claim?
A: If you hold an equity interest in any of the Debtors, which is based exclusively upon the ownership of common stock, membership interests, partnership interests, or warrants or rights to purchase, sell or subscribe to such a security or interest, you do not need to file a proof of claim. If, however, a shareholder contends that it has a right to payment from any of the Debtors, it must file a proof of claim on or before the applicable Bar Date, unless it is exempt pursuant to another exception set forth in the Bar Date Order.
3. Q: Will shareholders receive a distribution from the Debtors’ estates on account of their ownership of common stock?
A: Under the Bankruptcy Code, shareholders may be entitled to a distribution on account of their ownership of common stock of the Debtors only after all of the Debtors’ secured and unsecured creditors are paid in full. At this time, it is uncertain whether all of the Debtors’ secured and unsecured creditors will be paid in full.
4. Q: If I am the holder of notes issued by the Debtors, do I need to file a proof of claim?
A: You do not need to file a proof of claim prior to the applicable Bar Date if your claim is limited exclusively to a claim for repayment by the applicable Debtor(s) of principal, interest, and/or other applicable fees and charges on or under (i) the 9.00% Convertible Senior Notes due June 20, 2038, (ii) the 1.875% Convertible Senior Notes due February 1, 2016, (iii) the 3.375% Convertible Senior Notes due August 1, 2018, or (iv) the 6.25% Senior Notes due August 8, 2016 (collectively the “Notes”), with claims relating to the Notes and/or their respective indentures (collectively, the “Note Indentures”) being referred to as the “Note Claims”; provided, however, that (i) the foregoing exclusion shall not apply to the indenture trustee (the “Indenture Trustee”) under the applicable Note Indenture, (ii) each such Indenture Trustee shall be required to file a proof of claim against the applicable Debtor, on or before the applicable Bar Date, on account of all Note Claims against such Debtor under the applicable Note Indenture, and (iii) any holder of a Note Claim that has a claim arising out of or relating to a Note Indenture other than a Note Claim must file a proof of claim with respect to such claim on or before the applicable Bar Date, unless another exception identified in the Bar Date Order applies.
5. Q: If I am a current or former employee of any of the Debtors and I am owed wages, accrued vacation pay, reimbursement of business expenses or other employee-related compensation from a Debtor, do I need to file a proof of claim prior to the General Bar Date?
A: Yes, if your claim for wages, accrued vacation pay, reimbursement of business expenses or other employee-related compensation arose prior to (i) October 31, 2011 in the case of Holdings Ltd. and/or FinCo, (ii) December 19, 2011 in the case of Capital, FX Clear and/or Market Services, and (iii) March 2, 2012 in the case of Holdings USA.
As noted above, however, a later WARN Claim Bar Date has been established solely with respect to Alleged WARN Claims.
6. Q: If I previously filed a proof of claim against one or more of the Debtors, do I need to file another proof of claim?
A: No. If you have separately filed a claim against each of the Debtors against whom you have a claim, you do not need to file an additional claim, regardless of whether you received multiple proof of claim forms or received a proof of claim form after you filed your claim.
7. Q: If I previously filed a proof of claim against MF Global, Inc. in the SIPA proceeding (Case No. 11-2790 (MG) (SIPA)), do I need to file a proof of claim against the Debtors?
A: You must only file an additional proof of claim if you have a claim against any of the Debtors in addition to your claim against MF Global, Inc.
8. Q: I received multiple proof of claim forms in the mail; do I need to file each of them?
A: No. You only need to timely file one claim against each of the Debtors against whom you assert a claim. However, if you have a claim against more than one Debtor, you must file a separate proof of claim against each Debtor. By way of example, if you have a claim against Holdings Ltd. and Holdings USA, you must timely file a proof of claim against both Holdings Ltd. and Holdings USA. Conversely, if your claim is solely against Holdings Ltd., you only need to file one claim against Holdings Ltd. If you received multiple claim forms with different bar codes, it does not matter which form you use to file a claim against a particular Debtor.
9. Q: If I received separate proof of claim forms indicating my status as a shareholder of one of the Debtors, on the one hand, and a current or former employee of any of the Debtors, on the other hand, do I need to file each of such forms?
A: See questions 2 and 5 above.
10. Q: If I need an additional proof of claim form, where can I get one?
A: You can obtain additional proof of claim forms on the website maintained by the Plan Administrator, http://www.mfglobalcaseinfo.com.
11. Q: Can the Plan Administrator give me advice about the nature and/or extent of my claim against the Debtors?
A: No. As noted, anyone with questions about whether they are creditors or about how to pursue a potential claim against the Debtors should contact their own attorney for legal advice.
12. Q: What do I need to attach to my proof of claim?
A: Any supporting documentation evidencing the claim.
13. Q: Will my filed proof of claim be publicly available?
A: Yes. If your claim or the attachment to your claim includes your social security number, taxpayer identification number, financial-account number or similar information that you do not want disclosed, you should redact such information before submitting the claim. Pursuant to Bankruptcy Rule 9037(g), any person or entity that files a proof of claim is deemed to consent to the display of all information that has not been otherwise redacted on its claim or any attachments to the claim.
14. Q: What is the process after my claim is filed?
A: The Plan Administrator and its professionals will review and reconcile all proofs of claim filed against the Debtors. Thereafter, objections to any disputed claims will be filed with the Bankruptcy Court and served on the creditor at the address listed in the proof of claim. The anticipated time frame for this process is uncertain. Claimants may consult the website maintained by the Plan Administrator, http://www.mfglobalcaseinfo.com, for updates on the claims reconciliation and objection process.