Proceedings.

Nilex Inc. and Nilex USA Inc.

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Proceeding
NOIBANKRUPTCY AND INSOLVENCY ACT, RSC 1985, c B-3, AS AMENDED
Court
Court of King's Bench of Alberta
File
24-2878531
Industry
Wholesale & distribution · Industrial, building & equipment supply
Filings held63
Last activity12 May 2023
On the record1,470 days
Secured debtSubscribers
OverviewSummary updated

Nilex Inc. filed a notice of intention to make a proposal under section 50.4 of the Bankruptcy and Insolvency Act on 27 October 2022, in the Court of King's Bench of Alberta under file number 24-2878531, in a matter captioned Nilex Inc. and Nilex USA Inc. The proceedings remain active. A preliminary, unaudited listing of secured claims as at the filing date shows Fulcrum Capital Partners Inc. et al at $44,981,769, CIBC at $14,629,492.76 and a further CIBC/BDC claim of $2,500,000, with nominal $1 balances registered by Foss National Leasing Ltd., Leavitt Machinery Canada Inc., Element Fleet Management Inc. and Transportaction Lease Systems Inc. The unsecured list, as submitted by the company, is led by Propex Operating Company, LLC at $2,511,376.47, Solmax at $954,379.61 and Willacoochee Industrial Fabrics, Inc. at $759,070.42.

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Case updates63 dated entries
Parties

Debtor

Nilex Inc. and Nilex USA Inc.

Proposal trustee

KSV

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice HollinsCourt of King's Bench of Alberta4 orders, Nov 2022 – Dec 202226 cases on record
Justice NeilsonCourt of King's Bench of Alberta2 orders, Dec 2022 – Feb 202363 cases on record
Justice LittleCourt of King's Bench of Alberta2 orders, Nov 2022 – Dec 202259 cases on record

Counsel of record

PartyCounselFirst seenSource
Proposal trusteeKSVCassels Brock & Blackwell LLP10 Mar 2023Service list · 10 Mar 2023
ApplicantNilex Inc. and Nilex USA Inc.Blake, Cassels & Graydon LLP10 Mar 2023Service list · 10 Mar 2023
PurchaserFasken Martineau DuMoulin LLP10 Mar 2023Service list · 10 Mar 2023
CreditorArmortec Canada IncBryan & Company LLP10 Mar 2023Service list · 10 Mar 2023
Secured creditorCIBCNorton Rose Fulbright Canada LLP10 Mar 2023Service list · 10 Mar 2023
CreditorCommercial Metals Company (Tensar Internationa l)Goodmans LLP10 Mar 2023Service list · 10 Mar 2023
CreditorHugh Watt, JudgementBennett Jones LLP10 Mar 2023Service list · 10 Mar 2023
CreditorIan Wilson, JudgementMiller Thomson LLP10 Mar 2023Service list · 10 Mar 2023
CreditorLandlord (10798185 Canada Inc.) and Stellarbridg e Manageme nt IncDavis Moldaver LLP10 Mar 2023Service list · 10 Mar 2023
CreditorPropex Operating Company, LLC, Solmax, Tencate Mirafi and Groupe Solmax IncBorden Ladner Gervais LLP10 Mar 2023Service list · 10 Mar 2023
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
#Priority classCreditorAmountSource
4SecuredFulcrum Capital Partners Inc. et alpreliminary listing as at NOI filing date, unaudited — debtor: Nilex Inc. · as of 27 Oct 2022$45MNOI Notice to Creditors dated October 27, 2022
4Secured
4Secured
4Secured
4Secured
4Secured
4Secured
8Unsecured
8Unsecured
8Unsecured

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

Every creditor and every amount, drawn to scale.

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Sale processAs stated in the filings

4 transactions · 2 closed · 2 approved — The Transaction closed with both the Canadian and US Purchasers.Fourth Report of the Proposal Trustee dated January 30, 2023 · 30 Jan 2023

Parties solicited

400

Fourth Report of the Proposal Trustee dated January 30,…

Qualified bids

4

Fourth Report of the Proposal Trustee dated January 30,…

PurchaserPriceStatusSource
Terrafix Geosynthetics Inc. and Hanes Companies, Inc.the Companies' right, title, and interest in and to the assets described in the APA (the "Purchased Assets") · asset sale · nominee/assignee: their nominee · agreement 18 Nov 2022SubscribersClosed27 Jan 2023Fourth Report of the Proposal Trustee dated…
referred to as the Canadian Purchaser under the Transaction/APA; not namedNilex Canada's assets or business · asset sale · agreement 18 Nov 2022SubscribersApprovedThird Report of the Proposal Trustee dated…
referred to as the US Purchaser under the Transaction/APA; not namedNilex USA's assets and business · asset sale · agreement 18 Nov 2022SubscribersApprovedThird Report of the Proposal Trustee dated…
Hanes Companies, Inc.the U.S. Assets · asset sale · agreement 18 Nov 2022SubscribersClosedCourt Order dated January 10, 2023
AdvisorsValitas (financial advisor)Fourth Report of the Proposal Trustee dated January 30, 2023
Closing termsNilex USA is directed to transfer the U.S. Assets on the U.S. Closing, and Purchaser is directed to pay the US Purchase Price to the Proposal Trustee on behalf of Nilex USA, all as further provided in the Sale Documents.Court Order dated January 10, 2023
Sealed materialsConfidential Appendix to second report of Proposal TrusteeSale Approval and Vesting Order dated November 28, 2022
RecoveriesAs stated in the filings

CIBC: paid in full.Fourth Report of the Proposal Trustee · 30 Jan 2023

ClassCreditorClaimsRecoveryBasisSource
SecuredCIBC—paid in fullper the proposal trusteeFourth Report of the Proposal Trustee · 30 Jan 2023
SecuredFulcrum—shortfallper the proposal trusteeMotion of the Proposal Trustee · 16 Feb 2023

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

3 engagements · 3 firms — latest: KSV Restructuring Inc., 1 Oct – 31 Dec 2022Fourth Report of the Proposal Trustee · 30 Jan 2023

FirmPeriodHoursFeesRatesSource
Cassels Brock & Blackwell LLPCounsel to the trustee6 Oct – 16 Dec 2022Sought——Fourth Report of the Proposal Trustee · 30 Jan 2023
KSV Restructuring Inc.Proposal trustee1 Oct – 31 Dec 2022Sought——Fourth Report of the Proposal Trustee · 30 Jan 2023
Lewis Roca Rothgerber Christie LLPCounsel to the trustee14 Nov – 13 Dec 2022Sought——Fourth Report of the Proposal Trustee · 30 Jan 2023

3 blurred figures above

What each firm billed — each as the filing states it, with its source.

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Estate financialsReported figures — never derived
Total assets at filing
Total liabilities at filing

As at ·

The 2 totals the debtor stated at filing

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

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Documents
63 filings
DateDocumentFile
Court Order Granting Proposal Trustee's Final Report and Motion to Close Chapter 15 Case dated May 12, 2023PDF · Subscribers
Notice of Bankruptcy and First Meeting of Creditors dated May 1, 2023
PDF · Subscribers
Certificate of Appointment April 27, 2023PDF · Subscribers
Certificate of Appointment dated April 27, 2023PDF · Subscribers
Notice Filed by Nilex USA Inc. dated April 3, 2023PDF · Subscribers
Proposal Trustee's Final Report and Motion to Close Chapter 15 Case dated April 3, 2023PDF · Subscribers
Application re Motion returnable March 20, 2023PDF · Subscribers
Extension Order dated March 20, 2023
  • Presiding officer Justice Douglas R. Mah
PDF · Subscribers
Court Order Approving Interim Distribution dated March 17, 2023PDF · Subscribers
Affidavit of Trevor Derksen sworn March 10, 2023PDF · Subscribers
Fifth Report of the Proposal Trustee dated March 10, 2023PDF · Subscribers
Service List as at March 10, 2023
  • Counsel Goodmans LLP
PDF · Subscribers
Motion of the Proposal Trustee dated February 16, 2023
  • Recovery outcome Entries: per unstated; per unstated · Table missing:
PDF · Subscribers
Notice of Motion of the Proposal Trustee dated February 16, 2023PDF · Subscribers
Proposal Trustee's Certificate dated February 8, 2023
  • Closing confirmed Closed · 19 Dec 2022 · Terrafix Geosynthetics Inc. and Hanes Companies, Inc.
PDF · Subscribers
Application re Motion returnable February 7, 2023PDF · Subscribers
Extension Order dated February 7, 2023
  • Presiding officer Justice J.T. Neilson
PDF · Subscribers
Affidavit of Jeff Allen sworn January 30, 2023PDF · Subscribers
Fourth Report of the Proposal Trustee dated January 30, 2023
  • Closing confirmed Closed · 19 Dec 2022 · Terrafix Geosynthetics Inc.; Closed · 27 Jan 2023 · Hanes Companies, Inc.
  • Process results 400 solicited · 4 qualified bids · 4 bids · as of 18 Nov 2022
  • Purchaser Terrafix Geosynthetics Inc. · the Nilex Debtors' business and assets · asset sale · closed; Hanes Companies, Inc. · the Nilex Debtors' business and assets · asset sale · closed
  • Fee schedule Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Court Order Granting Recognition as a Foreign Main Proceeding and Related Relief dated January 10, 2023PDF · Subscribers
Court Order dated January 10, 2023
  • Closing terms Nilex USA is directed to transfer the U.S. Assets on the U.S. Closing, and Purchaser is directed to pay the US Purchase Price to the Proposal Trustee on behalf of Nilex USA, all as further provided in the Sale Documents.
  • Order date 10 January 2023
  • Purchaser Hanes Companies, Inc. · the U.S. Assets · asset sale · approved
  • Sale outcome Sale approved — The relief requested in the U.S. Sale Motion is GRANTED. The transaction contemplated by the U.S. Sale Motion is approved as set forth in this Order.
  • + 1 more extracted fact
PDF · Subscribers
Extension Order dated December 14, 2022
  • Presiding officer Justice J.S. Little
PDF · Subscribers
Application re Motion returnable December 13, 2022PDF · Subscribers
Certificate of Service Filed by Chad S. Caby dated December 13, 2022PDF · Subscribers
Court Order re Interim Distribution dated December 13, 2022
  • Presiding officer Justice J.T. Neilson
PDF · Subscribers
Notice Pursuant to Rule 9012-1 Filed by Chad S. Caby on December 13, 2022PDF · Subscribers
Notice Pursuant to Rule 9013-1 Filed by Chad S. Caby on December 13, 2022PDF · Subscribers
Order and Notice of Evidentiary Hearing by Videoconference dated December 9, 2022PDF · Subscribers
Preliminary Injunction Order dated December 9, 2022PDF · Subscribers
Order to Show Cause with Temporary Restraining Order dated December 8, 2022PDF · Subscribers
Affidavit of J. Allen sworn December 7, 2022PDF · Subscribers
Third Report of the Proposal Trustee dated December 7, 2022
  • Process results 400 solicited · 4 qualified bids · 4 bids · as of 18 Nov 2022
  • Purchaser referred to as the Canadian Purchaser under the Transaction/APA; not named in the visible text · Nilex Canada's assets or business · asset sale · approved; referred to as the US Purchaser under the Transaction/APA; not named in the visible text · Nilex USA's assets and business · asset sale · approved
  • Recovery outcome Entries: per estimated; per estimated · Stated on: 2022-12-07 · Table missing:
  • Sale advisor Valitas Capital Partners (financial advisor)
  • + 2 more extracted facts
PDF · Subscribers
Court Order and Notice of Hearing dated December 6, 2022PDF · Subscribers
Certified Copy of Canadian Ancillary Order 2022.12.02
  • Presiding officer Justice M.H. Hollins
PDF · Subscribers
Certified Copy of Canadian Approval and Vesting Order 2022.12.02
PDF · Subscribers
Certified Copy of NOI Certificate of Filing 2022.12.02PDF · Subscribers
Chapter 15 Petition for Recognition of Foreign Proceeding 2022.12.02PDF · Subscribers
Declaration of Robert Kofman 2022.12.02PDF · Subscribers
Entry of Appearance and Request for Notice Filed by Brent R. Cohen 2022.12.02PDF · Subscribers
Entry of Appearance and Request for Notice Filed by Chad S. Caby 2022.12.02PDF · Subscribers
Ex Parte Motion for Order to Show Cause with TRO and after Notice and a Hearing_ Preliminary Injunctive Relief 2022.12.02PDF · Subscribers
List of Creditors (Matrix) 2022.12.02
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
Motion for Entry of an Order Approving Sale of Assets Free and Clear filed by Chad Caby 2022.12.02PDF · Subscribers
Motion to Expedite Hearing Filed by Brent R. Cohen 2022.12.02PDF · Subscribers
Petition for Recognition as Foreign Main Proceeding 2022.12.02PDF · Subscribers
Statement Pursuant to Bankruptcy Rule 1007(a)(4) 2022.12.02
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
Application re Motion returnable November 28, 2022
  • Applicant NILEX INC.
  • Appointee KSV Restructuring Inc.
  • Appointee role Proposal Trustee
  • Commencement date 27 October 2022
  • + 4 more extracted facts
PDF · Subscribers
Procedural Consolidation Order dated November 28, 2022
  • Presiding officer Justice M.H. Hollins
PDF · Subscribers
Sale Approval and Vesting Order dated November 28, 2022
  • Closing terms Vesting upon delivery of Proposal Trustee's Certificate following Canadian Closing or US Closing
  • Order date 28 November 2022
  • Presiding officer Justice M.H. Hollins
  • Purchaser Terrafix Geosynthetics Inc. and Hanes Companies, Inc. · nominee/assignee their nominee · the Companies' right, title, and interest in and to the assets described in the APA (the "Purchased Assets") · asset sale · approved
  • + 3 more extracted facts
PDF · Subscribers
Sealing Order dated November 28, 2022
  • Presiding officer Justice M.H. Hollins
PDF · Subscribers
NOI Notice to Creditors dated November 25, 2022PDF · Subscribers
Affidavit of Lindsay Farr sworn November 24, 2022PDF · Subscribers
Certificate of Filing a Notice of Intention to Make Proposal dated November 24, 2022PDF · Subscribers
Proposed Unsigned OrderPDF · Subscribers
Affidavit of J. Allen sworn November 21, 2022 with exhibitsPDF · Subscribers
Second Report of the Proposal Trustee dated November 21, 2022
  • Process results 400 solicited
  • Purchaser Terrafix Geosynthetics Inc. · substantially all of the Companies' business and assets · asset sale · proposed; Hanes Companies, Inc. · substantially all of the Companies' business and assets · asset sale · proposed
  • Recovery outcome Entries: per estimated; per estimated · Stated on: 2022-11-21 · Table missing:
  • Sale advisor Valitas (financial advisor)
  • + 2 more extracted facts
PDF · Subscribers
Application re Motion returnable November 9, 2022
  • Applicant Nilex Inc.
  • Court COURT OF KING'S BENCH OF ALBERTA
  • Court file no 24-2878531
  • Proceeding type bia_noi
  • + 1 more extracted fact
PDF · Subscribers
Extension Order dated November 8, 2022
  • Presiding officer Justice J.S. Little
PDF · Subscribers
Bench Brief of Nilex Inc. dated November 7, 2022PDF · Subscribers
Affidavit of J. Allen sworn October 31, 2022 with exhibitsPDF · Subscribers
First Report of the Proposal Trustee dated October 31, 2022PDF · Subscribers
Certificate of Filing a Notice of Intention to Make Proposal dated October 27, 2022PDF · Subscribers
NOI Notice to Creditors dated October 27, 2022
  • Financial position · Secured creditors · Unsecured creditors Subscribers
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., “Nilex Inc. and Nilex USA Inc.” (NOI), Court of King's Bench of Alberta. Retrieved 4 November 2026, https://proceedings.ca/case/nilex-inc-and-nilex-usa-inc

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Sources last checked · summary updated 21 August 2026 · Report a correction · Printed from proceedings.ca/case/nilex-inc-and-nilex-usa-inc

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.