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Court Approves September 8 as "Bar Date" for Non-Governmental Proof of Claims in Diamond Case

The U.S. Bankruptcy Court for the District of Delaware has approved a bar date (deadline) of September 8, 2008, at 4 p.m., for proof of claims in the case of Diamond Glass from non-governmental entities. September 29 (at 4 p.m.) is the proposed bar date for governmental units to file proof of claims. The deadline applies to claims that arose prior to or on April 1, 2008.

According to court documents, Diamond, now known as DG Liquidation Corp., is in the process of notifying "all known entities holding potential prepetition claims." Those not required to file proofs of claim, according to the motion, are:

  • Those that have already properly filed a proof of claim against the company with either Garden City Group Inc., the company's claims agent, or with the clerk of the court;
  • Those whose claims are listed in the financial schedules filed in the case and whose claims are not described as disputed, contingent or unliquidated;
  • Professionals retained by Diamond or the Official Committee of Unsecured Creditors;
  • "Any entity that asserts an administrative expense claim against the Debtors;"
  • Current officers and directors of Diamond "who assert claims for indemnification and/or contribution arising as a result of such officers' or directors' prepetition or postpetition services to the Debtors;"
  • "Any Debtor asserting a claim against another Debtor;"
  • Any direct or indirect non-debtor subsidiary of Diamond asserting a claim against it;
  • Any entity "whose claim against [Diamond] has been allowed by an order of the Court entered on or before the applicable bar date; or
  • Any person or entity whose claim has already been paid by Diamond.

CLICK HERE for full text of order setting bar date.

CLICK HERE for full text of bar date notice.

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