#Claims
Notice of Bankruptcy and First Meeting of Creditors dated November 4, 2020 — Notice to creditors
Mendocino Clothing Company Ltd.
FollowActive
- Proceeding
- NOIBIA s. 50.4
- File
- 31-2658047
- Industry
- Retail · Apparel, footwear & jewellery retail
OverviewSummary updated
Mendocino Clothing Company Ltd. filed a notice of intention to make a proposal under section 50.4 of the Bankruptcy and Insolvency Act on September 17, 2020, with KSV Kofman Inc. as Proposal Trustee and the matter before the Ontario Superior Court of Justice under court file no. 31-2658047. The proceeding remains active. A preliminary list of creditors prepared from the company's records as at July 14, 2020 shows Toronto Dominion Bank as a secured creditor owed $2,693,726.64, and unsecured claims spread across shopping centre landlords and apparel suppliers, among them American Express US at $393,283.59, OPGI Mgmt LP o/a Oxford itf Square One at $388,830.00, Ontrea Inc. - Sherway at $329,769.59, Penalta Group Ltd at $315,593.32 and Levi Strauss & Co. (Canada) Inc. at $304,683.37. US-denominated claims were converted at 1.35.
Proceedings AIOpen Proceedings AI
Case updates16 dated entries
#Sale
The court granted an approval and vesting order for the sale to Shop MBoutique Ecomm Ltd. Closing terms, as extracted: Vesting effective upon delivery of Proposal Trustee's Certificate confirming payment of Purchase Price and satisfactory completion.
#Filing
Book of Authorities of the Proposal Trustee returnable September 25, 2020 — Application / notice of application
#Report
The officer filed report no. Second Report. The Company discontinued most retail store operations, liquidated substantially all inventory, disclaimed its retail store leases, and is restructuring around an e-commerce model, with the possibility that the stalking horse purchaser may continue operating a few stores.
Source: Second Report of the Proposal Trustee dated September 17, 2020
#Filing
Mendocino Clothing Company Ltd. commenced proceedings on September 17, 2020 by filing a notice of intention to make a proposal under BIA s. 50.4 in Ontario.
#Order
Sale Process Approval and Extension Order dated August 10, 2020 was filed.
Source: Sale Process Approval and Extension Order dated August 10, 2020
#Report
The officer filed report no. First Report. The Company has been conducting a liquidation sale from most of its store locations since filing, disclaiming 17 leases, terminating employees as stores close, and restructuring toward an e-commerce model, aiming to complete the liquidation by end of August 2020.
Source: First Report of the Proposal Trustee dated August 4, 2020
#Filing
Certificate of Filing of a Notice of Intention to Make a Proposal dated July 14, 2020 — NOI certificate of filing
Parties
Debtor
Mendocino Clothing Company Ltd.
Proposal trustee
KSV
Bench and counselPer the orders and service lists on the record
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Hainey | Ontario Superior Court of Justice | 2 orders, Sep 2020 | 211 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| Proposal trusteeKSV | Goldman Sloan Nash & Haber LLP | 25 Sep 2020 | Factum · 21 Sep 2020 |
| Proposal trusteeKSV Kofman Inc | Goldman Sloan Nash & Haber LLP | 24 Jul 2020 | Order · 25 Sep 2020 |
| DebtorMendocino Clothing Company Ltd. | Chaitons LLP | 24 Jul 2020 | Service list · 24 Jul 2020 |
| CreditorbcIMC Realty Corporation | Blaney McMurtry LLP | 24 Jul 2020 | Service list · 24 Jul 2020 |
| CreditorBrookfield, Ivanhoe Cambridge and Riocan | Camelino Galessiere LLP | 24 Jul 2020 | Service list · 24 Jul 2020 |
| CreditorCadillac Fairview Corporation Limited | Torys LLP | 24 Jul 2020 | Service list · 24 Jul 2020 |
| CreditorKSV Kofman Inc | Goldman Sloan Nash & Haber LLP | 25 Sep 2020 | Order · 25 Sep 2020 |
| CreditorL.G.L | Fogler, Rubinoff LLP | 24 Jul 2020 | Service list · 24 Jul 2020 |
| CreditorOxford Properties Group | Gardiner Roberts LLP | 24 Jul 2020 | Service list · 24 Jul 2020 |
| CreditorTD Canada Trust | Blaney McMurtry LLP | 24 Jul 2020 | Service list · 24 Jul 2020 |
| CreditorVTC Inc | Borden Ladner Gervais LLP | 24 Jul 2020 | Service list · 24 Jul 2020 |
Capital structureAs asserted in the filings
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Toronto Dominion Bank · in 35 casesPreliminary list of creditors as at July 14, 2020, per records of the Company, without admission as to any liability or privilege — debtor: Mendocino Clothing Company Ltd. · as of 14 Jul 2020 | $2.69M | NOI Notice to Creditors dated July 17, 2020 |
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
163 more claims in 1 class The stack holds Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plansSale processAs stated in the filings
2 transactions · 2 approved — Proposal Trustee recommends the Court approve the Stalking Horse Agreement and the Sale ProcessSecond Report of the Proposal Trustee dated September 17, 2020 · 17 Sep 2020
Stalking horse
Shop Mboutique Ecomm Ltd. · Subscribers
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Stalking Horse Agreement purchaser, unnamed in operative textStalking horsethe Company's remaining inventory, intellectual property and other assets · auction | not stated | Approved10 Aug 2020 | Sale Process Approval and Extension Order dated… |
| Shop MBoutique Ecomm Ltd.the assets described in the Sale Agreement (the "Purchased Assets") · asset sale | Subscribers | Approved25 Sep 2020 | Approval and Vesting Order dated September 25,… |
AdvisorsKSV Kofman Inc. (sale agent)Sale Process Approval and Extension Order dated August 10, 2020
Closing termsVesting effective upon delivery of Proposal Trustee's Certificate confirming payment of Purchase Price and satisfactory completionApproval and Vesting Order dated September 25, 2020
Estate financialsReported figures — never derived
Total assets at filing
As at ·
Cash on hand
$952K
As at 30 Jun 2020First Report of the Proposal Trustee dated August 4, 2020
The total the debtor stated at filing
Each one as the filing states it, with its source.
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See all plansDocuments
16 filings
| Date | Document | File |
|---|---|---|
Notice of Bankruptcy and First Meeting of Creditors dated November 4, 2020
| PDF · Subscribers | |
| Bankruptcy Certificate of Appointment dated October 29, 2020 | PDF · Subscribers | |
Approval and Vesting Order dated September 25, 2020
| PDF · Subscribers | |
Book of Authorities of the Proposal Trustee returnable September 25, 2020
| PDF · Subscribers | |
Endorsement of Justice Hainey dated September 25, 2020
| PDF · Subscribers | |
Stay Extension Order dated September 25, 2020
| PDF · Subscribers | |
Factum of the Proposal Trustee returnable September 25, 2020
| PDF · Subscribers | |
Motion Record returnable September 25, 2020
| PDF · Subscribers | |
Second Report of the Proposal Trustee dated September 17, 2020
| PDF · Subscribers | |
Sale Process Approval and Extension Order dated August 10, 2020
| PDF · Subscribers | |
| Factum of the Company for a Motion returnable August 10, 2020 | PDF · Subscribers | |
First Report of the Proposal Trustee dated August 4, 2020
| PDF · Subscribers | |
Motion Record returnable August 10, 2020
| PDF · Subscribers | |
Service List as of July 24, 2020
| PDF · Subscribers | |
NOI Notice to Creditors dated July 17, 2020
| PDF · Subscribers | |
| Certificate of Filing of a Notice of Intention to Make a Proposal dated July 14, 2020 | PDF · Subscribers | |
Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.
CiteProceedings., “Mendocino Clothing Company Ltd.” (NOI), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/mendocino-clothing-company-ltd