Tyam Civil Constructors Ltd. (the “Company”) was deemed to be bankrupt on September 14, 2012. However, the Court-authorized Trust Claim Settlement Program is ongoing. Please see below for documents relating to the Trust Claim Settlement Program (“TCSP”) along with archived file updates that occurred prior to the bankruptcy of TCC.
On September 5, 2014, the Court authorized final distributions in the TCSP and authorized the discharge of the Proposal Trustee in this matter. Final distribution cheques will be mailed to claimants during the weeks of September 8 & 15, 2014.
Prior File Updates:
August 24, 2012: The Company obtained an Order of the Supreme Court of B.C. to extend the time period for filing its Proposal to creditors to September 13, 2012. The stay of proceedings under section 69(1) of the BIA remains in effect.
In addition, the Court has ordered that, with respect to the Trust Claim Settlement Program, the Proposal Trustee is authorized to issue an “Amended Notice of Disallowance”, nunc pro tunc, in any circumstance where the Proposal Trustee believes that it is warranted. Please refer to the Order of August 24, 2012 posted below.
July 12, 2012: The Company obtained an Order of the Supreme Court of B.C. to extend the time period for filing its Proposal to creditors to August 24, 2012. The stay of proceedings under section 69(1) of the BIA remains in effect.
May 30, 2012: The Company obtained an Order (the “May 30 Order”) of the Court that authorizes and approves the Trust Claim Settlement Program process developed by the Proposal Trustee and specifically addresses the adjudication of trust claims and lien claims to potential trust funds and holdbacks, as set out and defined in the May 30 Order. Please review a copy of the Order which is posted below in the “Court Orders” section of documents.
May 28, 2012: The Company obtained an Order of the Supreme Court of B.C. to extend the time period for filing its Proposal to creditors to July 12, 2012. The stay of proceedings under section 69(1) of the BIA remains in effect.
April 13, 2012: The Company obtained an Order of the Supreme Court of B.C. to extend the time period for filing its Proposal to creditors to May 28, 2012. The stay of proceedings under section 69(1) of the BIA remains in effect.
April 11, 2012: G-Force has sent a letter to all known creditors of the Company via regular mail to explain the Trust Claim Settlement Program and set out the process for creditors proving their claims. Please refer to the “Trustee Correspondence” section below for a copy of the letter. The pertinent claims forms, as described in the letter, are included in the “Claims Process” section below.
April 2, 2012: The Supreme Court of British Columbia in Bankruptcy made an Order declaring, among other things, that G-Force is authorized and directed to develop and co-ordinate a process on behalf of the Company to assess trust claims relating specifically to the Company’s work contracts for which funds are payable to the Company that could, upon receipt, be impressed with a trust pursuant to section 10 of the Builder’s Lien Act, SBC 1997, Chapter 45. The process will be referred to as the “Trust Claim Settlement Program”. A copy of the Court Order is included below in “Court Orders”. G-Force is now in the process of developing the Trust Claim Settlement Program and will contact creditors shortly to provide details of the program and further instructions on submitting claims.
Documents
Claims Process – Trust Claim Settlement Program
| Trust claimants | Non-trust claimants |
| Proof of Trust Claim | Proof of Claim (form 31) |
| Instructions for completing Proof of Trust claim | Instructions for completing Form 31 |
Trust Claim Lien Addendum (for creditors asserting a lien against holdbacks – see May 30 Order)
TCSP Court Reports
Proposal Trustee’s First Report to Court (November 19, 2012)
Proposal Trustee’s Supplemental Report to Court (November 29, 2012)
Proposal Trustee’s Final Report to Court (August 18, 2014)
Notice of Intention (BIA) documents
Notice of Intention to make a Proposal filed March 15, 2012
Certificate of Filing of a Notice of Intention (from the Office of the Superintendent of Bankruptcy)
Court Orders
Order re: Final Distributions and Proposal Trustee Discharge (September 5, 2014)
Order re: Interim Distributions (November 30, 2012)
Order (July 12, 2012) to extend time period for the filing of a Proposal to August 24, 2012
Order (May 28, 2012) to extend time period for the filing of a Proposal to July 12, 2012
Order (April 13, 2012) to extend time period for the filing of a Proposal to May 28, 2012
Order of the Court (April 2, 2012) re: Trust Claim Settlement Program
Trustee Correspondence
Letter to Creditors re: Claims Program (dated April 9, 2012)
Letter to the Suppliers of the Company (dated March 16, 2012)
BIA initial mailout – Notification of Notice of Intention – March 22, 2012 (including Trustee cover letter explaining proposed Trust Claim Settlement Program)
