Proceedings.

KMW Energy Inc

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Active
Proceeding
NOIBIA s. 50.4
Court
Ontario Superior Court of Justice
File
35-2638322
Industry
Manufacturing · Machinery & equipment manufacturing
Filings held18
Last activity22 Jun 2020
On the record2,375 days
Secured debtSubscribers
OverviewSummary updated

KMW Energy Inc is in an active notice of intention proceeding under s. 50.4 of the BIA, commenced June 18, 2020 in the Ontario Superior Court of Justice (Commercial List, In Bankruptcy and Insolvency) under court file 35-2638322, with MNP LTD. as Proposal Trustee. The NOI lists creditors with claims of $7.033MM as at April 6, 2020, an aggregate that includes Nor-Arc Steel Fabricators' secured claim of approximately $2.778MM as of the April 11, 2020 Filing Date, held under a general security agreement dated April 12, 2011. Nor-Arc had served a s. 244(1) notice to enforce security on April 9, 2020, which KMW waived; the debt and security were assigned on April 20, 2020 to 2751602 Ontario Inc., the DIP Lender and a Nor-Arc related party. Liberty Mutual Insurance Company registered a PPSA security interest on April 17, 2020 and holds contingent exposure as issuer of a $6.413M performance bond in favour of Georges River Energy, LLC.

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Case updates18 dated entries
#Report

The officer filed report no. Second Report. KMW continues operating in the normal course while a stalking horse sale process drew no other bids, so the Stalking Horse APA became the winning bid. The Proposal Trustee reports sufficient funds to cover post-filing operating expenses and supports court approval of the sale and vesting order.

Source: Second Report (with appendices) dated June 18, 2020

#Report

The officer filed report no. Second Report. KMW continues to operate in the normal course as an NOI debtor, with the proposal trustee monitoring cash flows. The sale process drew no offers by the bid deadline, so the stalking horse bid became the winning bid and court approval of that sale is being sought.

Source: Second Report to the Court dated June 18, 2020

#Report

The officer filed report no. Second Report. KMW continued operating under NOI protection while the Proposal Trustee's stalking horse sale process failed to attract any competing qualified bids by the Bid Deadline; the Trustee now recommends court approval of the Stalking Horse APA sale of substantially all assets to the DIP Lender/Stalking Horse Bidder, who intends to retain all current employees, so the Company can exit NOI proceedings and continue as a going concern.

Source: Second Report without Appendices dated June 18, 2020

#Report

The officer filed report no. First Report. KMW continues to operate as a going concern in London, Ontario, designing and supplying biomass combustion boiler components with 12 employees and one contractor, under NOI protection while a stalking horse sale process is proposed. It faces an imminent liquidity crisis tied to the GRE turbine dispute and needs DIP financing to fund operations.

Source: First Report to Court, dated April 29, 2020

Parties

Debtor

KMW Energy Inc

Proposal trustee

MNP

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice HaineyOntario Superior Court of Justice4 orders, May 2020 – Jun 2020211 cases on record

Counsel of record

PartyCounselFirst seenSource
Proposal trusteeMNPWeisz Fell Kour LLP18 Jun 2020Application · 18 Jun 2020
DebtorKMW Energy IncChaitons LLP22 Jun 2020Application · 17 Jun 2020
CreditorGeorges River Energy, LLCCassels Brock & Blackwell LLP15 May 2020Endorsement · 15 May 2020
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
#Priority classCreditorAmountSource
4Secured462673 Ontario Inc. operating as Nor-Arc Steel Fabricators (assigned to 2751602 Ontario Inc., the DIP Lender, a party related to Nor-Arc, per assignment agreement dated April 20, 2020)as of 2020-04-11 (Filing Date) — General security agreement dated April 12, 2011 — Stated as approximately $2.778MM as of the Filing Date; does not include contingent liability under the Performance Bond plus interest, costs and fees as indemnitor. Legal counsel provided verbal opinion confirming valid and enforceable security, subject to standard assumptions and qualifications. Nor-Arc served Notice of Intention to Enforce Security under s.244(1) BIA on April 9, 2020; KMW waived the 10-day period. Debt and security later assigned to DIP Lender, a related party to Nor-Arc. — debtor: KMW Energy$2.78MFirst Report to Court - Appendices A to F
4Secured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured

76 more claims in 2 classes The stack holds Secured and Unsecured claims.

Every creditor and every amount, drawn to scale.

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RecoveriesAs stated in the filings

Unsecured creditors: no distribution.EstimatedSecond Report without Appendices · 18 Jun 2020

ClassCreditorClaimsRecoveryBasisSource
Unsecured——no distributionEstimatedper the proposal trusteeSecond Report without Appendices · 18 Jun 2020

Each row is one filing's statement, copied as it reads and never computed. "Estimated" is the officer's forecast; "Under the plan" is the plan's or proposal's own term; "Final" is a declared or paid distribution; a row with no chip states no footing. A range is the two numbers stated; "of proven claims" is the document's own denominator.

Fees and ratesAs stated in the filings

5 engagements · 2 firms — latest: Weisz Fell Kour LLP, 10 Apr – 17 Jun 2020Second Report (with appendices) · 18 Jun 2020

FirmPeriodHoursFeesRatesSource
MNP Ltd.Trusteeperiod 3 of 318 Mar – 31 May 2020Second Report (with appendices) · 18 Jun 2020
MNP Ltd.Trusteeperiod 2 of 330 Apr – 29 May 20204 peopleSecond Report (with appendices) · 18 Jun 2020
4 people — MNP Ltd., 30 Apr – 29 May 2020 · 14 blurred figures
NameTitleHoursRateFees
Sheldon TitleCorporate InsolvencyPartner
Robbie EpsteinCorporate FinanceSenior Associate
Akhil KapoorCorporate InsolvencyManager
Jessie HueCorporate InsolvencyEstate Administrator
TOTAL——
MNP Ltd.Trusteeperiod 1 of 318 Mar – 29 Apr 20205 peopleSecond Report (with appendices) · 18 Jun 2020
5 people — MNP Ltd., 18 Mar – 29 Apr 2020 · 17 blurred figures
NameTitleHoursRateFees
Sheldon TitleCorporate InsolvencyPartner
Matthew LemCorporate InsolvencyPartner
Akhil KapoorCorporate InsolvencyManager
Michael LitwackCorporate InsolvencyManager
Jessie HueCorporate InsolvencyEstate Administrator
TOTAL——
Weisz Fell Kour LLPCounselperiod 2 of 210 Apr – 17 Jun 2020—2 peopleSecond Report (with appendices) · 18 Jun 2020
2 people — Weisz Fell Kour LLP, 10 Apr – 17 Jun 2020 · 6 blurred figures
NameYear of callHoursRateFees
Caitlin Fell2011
Christopher McGoey2020
Weisz Fell Kour LLPCounselperiod 2 of 21 May – 17 Jun 2020—2 peopleFirst Report to Court - Appendices A to F · 29 Apr 2020
2 people — Weisz Fell Kour LLP, 1 May – 17 Jun 2020 · 6 blurred figures
NameYear of callHoursRateFees
Caitlin Fell2011
Christopher McGoey2020

56 blurred figures above

What each firm billed, and each person’s hours and rate — each as the filing states it, with its source.

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Estate financialsReported figures — never derived
Total liabilities at filing

As at ·

Cumulative receipts

$77K

As at 18 Jun 2020Second Report without Appendices dated June 18, 2020

Cumulative disbursements

As at

Cash on hand

As at

Professional fees

As at

3 more reported figures, and the total the debtor stated at filing

Each one as the filing states it, with its source.

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Documents
18 filings
DateDocumentFile
Order - Motion to Lift Stay of Proceedings dated June 22, 2020
  • Presiding officer Justice Hainey
PDF · Subscribers
Motion Record dated June 18, 2020
  • Commencement date 18 June 2020
  • Counsel Weisz Fell Kour LLP
  • Court SUPERIOR COURT OF JUSTICE
  • Court file no 35-2638322
  • + 1 more extracted fact
PDF · Subscribers
Second Report (with appendices) dated June 18, 2020
  • Cash on hand · Disbursements · Fee schedule · Financial position Subscribers
  • + 6 more extracted facts
PDF · Subscribers
Second Report to the Court dated June 18, 2020
  • Cash on hand · Disbursements · Fee schedule · Financial position Subscribers
  • + 6 more extracted facts
PDF · Subscribers
Second Report without Appendices dated June 18, 2020
  • Operational summary KMW continued operating under NOI protection while the Proposal Trustee's stalking horse sale process failed to attract any competing qualified bids by the Bid Deadline; the Trustee now recommends court approval of the Stalking Horse APA sale of substantially all assets to the DIP Lender/Stalking Horse Bidder, who intends to retain all current employees, so the Company can exit NOI proceedings and continue as a going concern.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 5 more extracted facts
PDF · Subscribers
Motion Record Returnable June 22, 2020 dated June 17, 2020
  • Counsel Chaitons LLP
PDF · Subscribers
Georges River Energy, LLC - Final Motion Record Lift Stay Returnable June 22, 2020PDF · Subscribers
Factum of Georges River Energy, LLC - Lift Stay Motion Retunrable May 15 2020
  • Counsel Cassels Brock & Blackwell LLP
PDF · Subscribers
Order and Endorsement - GRE Lift Stay Motion - May 15 2020
  • Counsel Cassels Brock & Blackwell LLP
  • Presiding officer Justice Hainey
PDF · Subscribers
Order and Endorsement Lift Stay Motion May 15 2020
  • Counsel Cassels Brock & Blackwell LLP
  • Presiding officer Justice Hainey
PDF · Subscribers
Motion Record of Georges River Energy - Lift Stay Motion Returnable May 15 2020
  • Applicant Georges River Energy, LLC
  • Commencement date 5 May 2020
  • Court SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) (IN BANKRUPTCY AND INSOLVENCY)
  • Court file no 35-2638322
PDF · Subscribers
Endorsement of Justice Hainey dated May 1, 2020PDF · Subscribers
Order dated May 1, 2020
  • Presiding officer Justice Hainey
PDF · Subscribers
First Report to Court - Appendices A to F
  • Fee schedule · Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
First Report to Court, dated April 29, 2020
  • Operational summary KMW continues to operate as a going concern in London, Ontario, designing and supplying biomass combustion boiler components with 12 employees and one contractor, under NOI protection while a stalking horse sale process is proposed. It faces an imminent liquidity crisis tied to the GRE turbine dispute and needs DIP financing to fund operations.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Motion Record (returnable May 1, 2020) dated April 24, 2020
  • Appointee MNP LTD.
  • Appointee role Proposal Trustee
  • Court ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) (IN BANKRUPTCY AND INSOLVENCY)
  • Court file no 35-2638322
  • + 1 more extracted fact
PDF · Subscribers
Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
Certificate of Filing of the Notice of Intention to Make a ProposalPDF · Subscribers

Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.

CiteProceedings., “KMW Energy Inc” (NOI), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/kmw-energy-inc-prp

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Sources last checked · summary updated 19 August 2026 · Report a correction · Printed from proceedings.ca/case/kmw-energy-inc-prp

Facts and summaries are extracted automatically from the court filings linked on each page; the filings remain the authoritative record. Suggested corrections are reviewed against the source filings.