Updated 6/10/2015 Bar Date FAQs 1. How do I file a proof of claim? When is the Bar Date? A Bar Date Order has been entered in this case setting the General Bar Date as July 31, 2015 at 5:00 p.m. prevailing Eastern Time and the Government Bar Date as September 14, 2015 at 5:00 p.m. prevailing Eastern Time. The Bar Date Order and Bar Date Notice contain additional information regarding who is OR is not required to file a claim. They can be accessed on the Key Documents page on this website. You are encouraged to file your proof of claim through the case administration online claim filing system maintained on this website by clicking on the “Submit a Proof of Claim” tab and following the instructions to submit your claim through the Online Portal. The Online Portal provides a series of screens which solicit the information required to populate a proof of claim form and once submitted you will receive a completed, electronically-signed proof of claim form and an email confirmation of its submission. Additionally, a Proof of Claim Form is available on the case administration website at www.gardencitygroup.com/cases/kwk by clicking on the “Submit a Proof of Claim” tab and then further clicking on the link for “General Proof of Claim Form (fillable PDF format for hard copy submission)”. Once completed and signed, please send the proof of claim form and any supporting documentation either via regular mail to: Quicksilver Resources Inc., et al., c/o GCG, P.O. Box 10155, Dublin, OH 43017-3155, or via overnight mail or hand delivery to: Quicksilver Resources Inc., et al., c/o GCG, 5151 Blazer Parkway, Suite A, Dublin, Ohio 43017. Proof of claim forms will NOT be accepted by e-mail, facsimile or telecopy. If you have any further questions regarding filing a proof of claim, please consult with your own legal counsel. Please continue to check the case administration website for the most updated information. 2. Do I need to file a proof of claim? You MUST file a proof of claim to vote on a chapter 11 plan filed by the Debtors and to share in distributions from the Debtors’ bankruptcy estates if you hold a claim that arose on or before the Petition Date, including any claim under Bankruptcy Code section 503(b)(9), unless you are excused from filing a proof of claim pursuant to one of the following exceptions: you have already properly filed, with the Clerk of the Bankruptcy Court or GCG, a proof of claim against all Debtors against which you have a claim, in a form that substantially conforms to the proof of claim form tailored for these chapter 11 cases or Official Form 10; your claim is listed on the Debtors’ schedules of liabilities, provided that (i) such claim is not described as disputed, contingent, or unliquidated, (ii) you do not dispute the amount, nature, or priority of the claim as set forth in the Debtors’ schedules of 1 liabilities, and (iii) you do not dispute that such claim is an obligation of the specific Debtor as set forth in the Debtors’ schedules of liabilities; you hold a claim that is limited exclusively to the repayment of principal, interest and/or other applicable fees and charges (a “Debt Claim”) owed under any bond or note issued by the Debtors pursuant to an indenture, provided that (i) an indenture trustee under a Debt Instrument must file one proof of claim, on or before the General Bar Date, with respect to all of the amounts owed under each of the Debt Instruments, and (ii) any holder of a Debt Claim wishing to assert a claim, other than a Debt Claim, arising out of or relating to a Debt Instrument must file a Proof of Claim on or before the General Bar Date; you hold a claim that has already been allowed by an order of the Bankruptcy Court entered on or before the applicable bar date; your claim has already been paid in full by any of the Debtors or any other party; you are a direct or indirect non-Debtor subsidiary of the Debtors; you are a Debtor in these chapter 11 cases holding a claim against another Debtor; you hold a claim allowable under Bankruptcy Code sections 503(b) and 507(a)(2) as an administrative expense; you hold an interest in any of the Debtors, which interest is based exclusively upon the ownership of common stock, preferred stock, membership interests, partnership interests, or rights to purchase, sell, or subscribe to such an interest; you are a current officer or director of the Debtors asserting claims for indemnification and/or contribution arising as a result of such officers’ or directors’ pre-petition or postpetition services to the Debtors; or you are an employee whose claim was previously authorized by order of the Bankruptcy Court to be satisfied by the Debtors in the ordinary course of business as a wage or benefit; provided, however, that you must submit a proof of claim by the General Bar Date if you dispute the amount of your previously authorized claim or if your claim relates to damages arising from claims for wrongful termination, discrimination, or workers’ compensation insurance. Please note that GCG, as Claims and Noticing Agent, is unable to provide legal advice, and you should review the Bar Date Notice materials carefully. If your claim is listed as contingent, unliquidated and/or disputed, you may want to consult with an attorney regarding preparing a proof of claim. 3. Why did I receive a Bar Date Notice? The Debtors mailed the Bar Date Notice to all known and potential creditors in order to give them the opportunity to file a proof of claim to share in distributions from the Debtors’ bankruptcy estates for anyone who believes they hold a claim against the Debtors that arose on 2 or before the Petition Date. The fact that you received a Bar Date Notice does not mean that you hold a claim against the Debtors or that the Debtors or the Bankruptcy Court believe that you hold a claim against the Debtors. You should not file a proof of claim if you do not hold a claim against the Debtors. 4. Where do I send my completed proof of claim form if by mail? If sent by regular mail, completed, original proof of claim forms should be sent to: Quicksilver Resources Inc., et al. c/o GCG P.O. Box 10155 Dublin, OH 43017-3155 If delivered by hand or by overnight courier, completed, original proof of claim forms should be sent to: Quicksilver Resources Inc., et al. c/o GCG 5151 Blazer Parkway, Suite A Dublin, OH 43017 You may also submit your claim through the case administration online claim filing system located at www.gardencitygroup.com/cases/kwk. ONLY proof of claim forms sent in the manner above WILL be accepted. Email and fax is not acceptable. Do not send completed proof of claim forms directly to the Debtors. 5. Can I email or fax a proof of claim? No. Proofs of claim must be mailed or delivered by hand or overnight courier, except electronic submission at the online portal. Proofs of claim submitted via email, telecopy and fax will not be accepted. 6. Can I submit a proof of claim after the Bar Date? Proofs of claim received after the Bar Date will be processed and docketed, but may be subject to objection and disallowance. The General Bar Date in this case is July 31, 2015, at 5:00 p.m. prevailing Eastern Time, and the Government Bar Date is September 14, 2015, at 5:00 p.m. prevailing Eastern Time. Processing and docketing a claim is NOT a determination that your claim was timely received and does not have any determination as to its treatment. 7. Can I amend a claim after the Bar Date? The General Bar Date in this case is July 31, 2015, at 5:00 p.m. prevailing Eastern Time. GCG, as the Claims and Noticing Agent, will process claim amendments received after the Bar Date. Processing and docketing an amended claim is NOT a determination that your claim was timely received and does not have any determination as to its treatment. 3 8. What happens after I file my proof of claim? After the deadline to file proofs of claim expires, the Debtors and their professionals will commence a review of all filed claims. After the review of a particular claim is completed, the Debtors will decide whether to accept the claim as validly filed, or “object” to it for one or more reasons. If a creditor’s claim is the subject of an objection, the creditor will receive written notice by mail from the Debtors. The notice will set forth the grounds of the objection, set a hearing date to consider the objection, and provide a deadline for the creditor to respond to the objection. For further information on the claims process or to check the status of your claim, please visit the case website at www.gardencitygroup.com/cases/kwk. 9. How can I obtain my claim status? The “Claims Register/Creditor Search” tab, located on the case website at www.gardencitygroup.com/cases/kwk, will provide current information on filed and scheduled claims. 10. How do I file a claim online? You may submit your claim through the case administration online claim filing system located at www.gardencitygroup.com/cases/kwk by clicking on the “Submit a Proof of Claim” tab and following the instructions to submit your claim through the Online Portal. The Online Portal provides a series of screens which solicit the information required to populate a proof of claim form and once submitted you will receive a completed, electronically-signed proof of claim form and an email confirmation of its submission. 11. What can I do through the online claims portal? Filers will be given the opportunity to select from one of the following four flows once they log on to the portal: Option 1. “File a New Claim” Option 2. “Continue a Claim in Progress” Option 3. “Supplement a Claim with Additional Supporting Documentation” Option 4. “Amend a Claim”. By amending a claim, filers will also be withdrawing their underlying amended claim as part of the same option. Any party can file a claim on the Online Portal, through a process that has been reviewed and approved by the Clerk of the Court. The Online Portal provides a series of screens which solicit the information required to populate a proof of claim form. To the extent you have been sent a unique Claimant and Control Number, then the information the Debtors have will be prepopulated into the proof of claim form on the Online Portal, but will remain modifiable. After 4 submitting a proof of claim through the Online Portal, you will receive a completed, electronically-signed proof of claim form and an email confirmation of its submission. 12. I am listed on the Schedules of Assets and Liabilities filed by the Debtors. Does that mean I have to file a claim? You are not obligated to file a proof of claim pursuant to your claim being listed on the Debtors’ Schedules of Assets and Liabilities, provided that (i) such claim is not described as disputed, contingent, or unliquidated, (ii) you do not dispute the amount, nature, or priority of the claim as set forth in the Debtors’ Schedules of Assets and Liabilities, and (iii) you do not dispute that such claim is an obligation of the specific Debtor as set forth in the Debtors’ Schedules of Assets and Liabilities; GCG, as Claims and Noticing Agent, is unable to provide legal advice, and you should review the bar date notice materials carefully. If your claim is listed as contingent, unliquidated and/or disputed, you may want to consult with an attorney regarding preparing a proof of claim. 13. My claim is listed as on Debtors’ Schedules of Assets and Liabilities as contingent, unliquidated and/or disputed? What do I have to do? Any entity whose claim is listed in the Debtors’ Schedules as contingent, unliquidated and/or disputed and who desires to be treated as a creditor with respect to such claim for purposes of voting and distribution must file a proof of claim on or before the applicable Bar Date. If your claim is listed as contingent, unliquidated and/or disputed, you may want to consult with an attorney regarding preparing a proof of claim. 14. Can you please tell me what Debtor my account is associated with or if the company owes me money? The company has filed Schedules of Assets and Liabilities and Statements of Financial Affairs with the bankruptcy court. The Schedules of Assets and Liabilities list the amounts owing to the company’s creditors on the date of the bankruptcy filing (or such other date noted in the Global Notes to the Schedules), as reflected in the company’s books and records, and whether such amounts are classified as contingent, unliquidated, or disputed. You may access this information on the Debtor’s case administration website at www.gardencitygroup.com/cases/kwk by clicking on Key Documents and then by clicking on Schedules of Assets and Liabilities. 15. My claim is listed on the Schedules, does that mean I will be paid? U.S. bankruptcy law requires that unpaid debts for goods and services provided to the Debtors prior to the bankruptcy petition date (March 17, 2015), cannot be paid without Bankruptcy Court approval. Any such claims will be addressed as part of the process moving forward. No determination has been made as to the payment of claims at this time. If you have a claim listed on the Debtors’ Schedules of Assets and Liabilities that becomes subject to amendment, you will receive written notice by mail from the Debtors. Please continue to visit the Debtor’s case administration website at www.gardencitygroup.com/cases/kwk periodically for the most up to 5 date information. You can also check the status of your claim on the Claims Register/Creditor Search tab, which will provide current information on your claim. General/First Day FAQs 1. What is Chapter 11? Chapter 11 is the section of the Bankruptcy Code that regulates corporate reorganizations. A Chapter 11 reorganization is a legal process designed to help companies continue to operate while they develop plans to restructure their finances and address other challenges impacting their financial performance. Chapter 11 permits, and even encourages, daily business operations to continue as usual. 2. Why did Quicksilver Resources Inc. declare Chapter 11 bankruptcy? The company’s over-leveraged balance sheet and limited liquidity amid a challenging commodity price environment required us to engage in strategic alternatives to address these issues. With that, Quicksilver, with the assistance of its advisors, engaged in a marketing process covering any and all of our operating assets. With our advisors, we evaluated the bids that we received and, after discussions with various bidders, concluded that the marketing process has not produced any viable options for asset sales or other strategic alternatives that are likely to have a material impact on our capital structure or liquidity. Quicksilver believes that Chapter 11 presents the best way to manage these challenges. 3. Did Quicksilver Resources Canada file for restructuring? Our subsidiaries in Canada were not included in our filing. We anticipate that we have sufficient cash resources to carry on business in the course of ordinary operations in Canada and will not be part of the U.S. reorganization process. Operations outside of the U.S. are extremely important to Quicksilver, and we remain committed to continuing our relationships with our vendors and suppliers. Quicksilver's U.S. and Canadian operations are expected to continue as normal. We will continue to conduct business and do everything we normally do to deliver value to our customers and partners. 4. What happens while Quicksilver Resources Inc. is under Court protection? Quicksilver will continue to operate normally in the ordinary course of business under supervision of the Bankruptcy Court. The Chapter 11 filing prevents creditors from taking action against Quicksilver outside the Bankruptcy Court, and requires Quicksilver to seek Bankruptcy Court authority to take actions outside of the ordinary course of business. A Chapter 11 filing is a legal process designed to help companies continue to operate while they address their financial issues. Chapter 11 permits, and even encourages, daily business operations to continue as usual. Additional information on the restructuring is available at www.gardencitygroup.com/cases/kwk. 6 5. Where can I get more information about the Chapter 11 filing? Court documents, notices, proof of claim forms, and other information are available or will be available over the course of the case at www.gardencitygroup.com/cases/kwk. Please note that Quicksilver, its counsel, and GCG are not permitted to give legal advice. If you have further questions, you may want to consult with an attorney. 6. How long will the company be in Chapter 11? The length of Chapter 11 proceedings varies from case to case. The company intends to move through the reorganization process as quickly as possible but does not know for certain when they will emerge from bankruptcy. Please continue to visit the case administration website for regular updates, www.gardencitygroup.com/cases/kwk. 7. What is a Chapter 11 plan? What does a Chapter 11 plan include? A Chapter 11 plan is a formal plan setting forth, in detail, how the claims of each class of creditors and interest holders will be treated, as well as the capital structure of any reorganized company. A Chapter 11 plan must be voted on and approved by a certain percentage of creditors, and then approved or “confirmed” by the bankruptcy court to become effective. A proposed plan of reorganization will be posted on the case administration website once filed. However, Quicksilver cannot make any assurances at this time regarding its ability to successfully develop, confirm and consummate one or more plans of reorganization or other alternative restructuring transaction, including a sale of all or substantially all of our assets, that are acceptable to the Bankruptcy Court and our creditors, equity holders, and other interested parties. Please continue to visit the case administration website for regular updates, www.gardencitygroup.com/cases/kwk. 8. You have been working on a strategic alternative process for a while. What does Quicksilver intend to accomplish through this Chapter 11 process? The company believes the reorganization process provides the formal and legal framework we need to restructure, and it will provide time and flexibility to address its financial challenges while under certain protections. The objective is to move forward in an orderly way to make the company stronger and more competitive. 9. What approvals need to be obtained for the restructuring to be completed? We are in the process of negotiating with multiple stakeholders to achieve a successful restructuring. 7 10. What is the impact of the filing on pending litigation? The company is not currently a named party in any suit that we believe would have a material adverse effect on our business, operating results, financial condition or cash flows. However, under the law, the Chapter 11 filing triggers an automatic stay on any pending litigation. 11. How will the reorganization process affect day-to-day operations? Is the company going out of business? Chapter 11 is designed to allow companies to reorganize their business while preserving day‐to‐ day operations. Here, Quicksilver will continue to operate normally while being afforded the time and flexibility to address its financial challenges. It will be “business as usual” at the company, and operations will generally continue uninterrupted. In fact, Quicksilver has filed a series of motions with the Court to ensure the continuation of normal operations, including requesting Court approval to continue paying employee wages and salaries and providing employee benefits without interruption. Quicksilver has also asked for authority to continue honoring royalty obligations, working interest obligations, and other obligations related to oil and gas leases. Please monitor the case website for further updates: www.gardencitygroup.com/cases/kwk. 12. Does the company have enough cash to operate its business? Has it received additional financing? Quicksilver’s principal sources of liquidity consist of cash on hand and cash flow from operations. We presently believe our cash on hand and cash flow from operations will be adequate to meet the short-term liquidity requirements of our existing business and to fund our operations and the Chapter 11 cases until a Chapter 11 plan is confirmed by the Bankruptcy Court or other alternative restructuring transaction is approved by the Bankruptcy Court and consummated. 13. Will the company layoff additional employees during the reorganization process? At this time, we do not anticipate any additional layoffs as a result of the filing. As always, we will make adjustments in our business based on market conditions, but, at this time, we believe that Quicksilver is appropriately sized for the current volume of business following the reductions implemented on February 12, 2015. Please continue to visit the case website for further updates: www.gardencitygroup.com/cases/kwk 14. Does this mean Quicksilver is going out of business? It is not intended that Quicksilver will go out of business. Although we cannot predict the outcome of the restructuring process, we filed a voluntary petition with the goal of restructuring our debt obligations and capital structure. Quicksilver’s day-to-day operations will not be impacted during the process. 8 15. Will there be any changes in the management team or Board of Directors as a result of the filing? Quicksilver’s existing management team and Board of Directors remains in place and will be leading the Company through this process. 16. Will the filing change the company’s corporate office location? No. We are not expecting changes to our principal office locations at this time. 17. Will this have any effect on production volume? We are not expecting disruptions in our production for an extended period of time. It is intended to be business as usual at Quicksilver throughout the debt restructuring process. 18. Is the company planning to continue to operate a drilling rig in the Barnett? A single rig is currently operating in the Barnett, and we will review our options to maintain the rig as we proceed through the chapter 11 process. We also expect to utilize a workover rig for much of the year. 19. Does the company plan to host its annual shareholder meeting as usual? The annual shareholder meeting will be deferred until completion of the restructuring process. 20. Will the company’s common stock continue to trade as usual? As a result of the chapter 11 filing, Quicksilver’s common stock will transition from the OTCQB marketplace to the OTC Pink open marketplace beginning March 19, 2015 under the ticker symbol “KWKAQ”. Level 2 quotes will continue to be visible on www.otcmarkets.com. 21. How will employees be affected? Quicksilver intends to retain its current workforce and pay wages and other benefits in the ordinary course. Please continue to visit the case administration website for regular updates, www.gardencitygroup.com/cases/kwk. 22. How many people does Quicksilver employ? In the U.S.? Canada? Approximately 300 total employees. The breakdown is approximately 215 in the U.S. and approximately 85 in Canada. 23. What are the Company’s assets and liabilities? The Debtors filed their Schedules of Assets and Liabilities on June 8, 2015; you may access this information on the Debtor’s case administration website at www.gardencitygroup.com/cases/kwk by clicking on Key Documents and then by clicking on Schedules of Assets and Liabilities. 9 24. Who are Quicksilver’s largest creditors? The List of Top Creditors is available in the chapter 11 petitions, which may be accessed by visiting www.gardencitygroup.com/cases/kwk. 25. What is a Notice of Commencement? Why did I receive this legal notice? The Notice of Commencement (“NOC”) is a legal document indicating that a chapter 11 bankruptcy case was filed. It is a customary notice that provides a variety of details about the case, including the case numbers, the filing date, and the time and date of the first meeting of creditors (known as the Section 341 meeting). Distribution of the NOC is a routine part of every Chapter 11 case. A wide range of parties receive the NOC, including creditors as well as any party who has had a recent association with Quicksilver Resources Inc. or its filing subsidiaries. Please keep in mind that if you received the NOC, this does not necessarily mean that you have a claim or may need to take any further action with respect to this notice. 26. What is a “Section 341 Meeting”? The Section 341 Meeting is an informational meeting attended by representatives of the Debtors, the Debtors’ counsel, and the United States Trustee. The meeting is open to creditors and the general public. Parties who believe they have a claim against the Debtors may attend, but are not required to do so. The Section 341 Meeting is strictly an informational meeting; it is not a Court hearing – the Bankruptcy Judge will NOT be present. The date, time and location of the Section 341 Meeting is generally included in the Notice of Commencement which will be posted on the case administration website, at www.gardencitygroup.com/cases/kwk. 27. Why am I not part of the Debtors’ top thirty unsecured creditors? The Top 30 Unsecured Creditors are derived from the amounts owed by all of the Debtors on a consolidated basis to unsecured creditors as of the date of the filing of the bankruptcy petitions. You were not included in the Top 30 Unsecured Creditors as there were at least 30 other unsecured creditors who, according to the Debtors’ books and records, were owed more than your company by the Debtors on a consolidated basis as of the date of the filing of the bankruptcy petitions. 28. How can I become a member of the Master Service List/2002 List to receive pleadings in this case? How do I remove myself from the 2002 List? To become a member of the Master Service List, an applicant must file a 2002 Notice Request with the Bankruptcy Court. To be removed from the 2002 List, you will need to file a Notice of Withdrawal of Appearance with the Bankruptcy Court. 10 29. Is there a direct contact number that I can call if my question is not answered by the provided Frequently Asked Questions? Yes, if you still have questions after reviewing these Frequently Asked Questions, you may call the restructuring hotline at (877) 940-2410 or email the restructuring information box at KWKInfo@gcginc.com. Garden City Group is available to answer case specific inquiries between the hours of 9:00 AM – 5:00 PM Eastern Standard Time, Monday- Friday. For additional information you may also visit Quicksilver’s restructuring website at www.qrinc.com/restructuring and Garden City Group’s case administration website at www.gardencitygroup.com/cases/kwk. 11
© Copyright 2024