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Published on 9/24/2013 in the Prospect News Distressed Debt Daily.

Former Coda Holdings wins disclosure statement OK; confirmation Nov. 1

By Jim Witters

Wilmington, Del., Sept. 24 - Adoc Holdings, Inc., formerly Coda Holdings, Inc., received approval of the disclosure statement for its Chapter 11 plan of liquidation during a Sept. 24 hearing in the U.S. Bankruptcy Court for the District of Delaware.

The central component of the Chapter 11 plan is the establishment of a liquidation trust to liquidate the company's assets, including specified causes of action.

WARN settlement

The debtor also announced a settlement with claimants under the Worker Adjustment and Retraining Notification Act that removed one obstacle to the confirmation of a plan.

Julia B. Klein, attorney for the WARN claimants, said there is an agreement in principal but some terms remain under negotiation.

A motion for court approval of the WARN settlement will come by Sept. 27, attorneys said.

The agreement calls for the WARN claimants to be recognized as a class entitled to an allowed priority claim of $430,000 and a general unsecured claim of about $1.1 million.

Creditor treatment

Treatment of creditors under the proposed plan includes:

• Administrative claims, priority tax claims and priority claims will be paid in full in cash;

• Holders of other secured claims will either receive the proceeds from the sale of the collateral securing the claims, be paid in cash or receive the collateral securing the claims;

• Holders of deficiency claims will receive a share of lender beneficial interests and liquidating trust distributions;

• Holders of general unsecured claims will receive a share of general unsecured creditor beneficial interests in the liquidating trust and receive liquidating trust distributions; and

• Holders of equity interests and subordinated claims will receive no distribution.

The plan confirmation hearing is scheduled for 11 a.m. ET on Nov. 1.

Coda, a Los Angeles-based manufacturer of electric cars and energy products based on lithium-ion batteries, filed for bankruptcy on May 1. Its Chapter 11 case number is 13-11153.


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