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Published on 7/24/2023 in the Prospect News Distressed Debt Daily.

Whittaker seeks 120-day extension of exclusive plan periods

By Sarah Lizee

Olympia, Wash., July 24 – Whittaker, Clark & Daniels, Inc. is asking for a 120-day extension of its exclusive periods to file and solicit votes on a Chapter 11 plan, according to a motion filed Monday with the U.S. District Court for the District of New Jersey.

Specifically, the company asked the court to extend the exclusive plan filing period through Dec. 22 and the exclusive solicitation period through Feb. 20, 2024.

The company said that while it is hopeful that it will reach a workable resolution for the benefit of present and future claimants, given the complexity of the issues presented by the cases and the competing interests among the parties, consensus on the terms of a Chapter 11 plan may take time.

As background, shortly after filing bankruptcy, Peter Protopapas, the receiver appointed by the South Carolina Court of Common Pleas for the company, and the official committee of talc claimants both moved to dismiss the case. The bankruptcy court denied their motions, and the parties have each appealed to the U.S. District Court for the District of New Jersey.

Whittaker, Clark & Daniels is a talc supplier based in Stamford, Conn. The company filed Chapter 11 bankruptcy on April 26 under case number 23-13575.


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