Southern Bankruptcy Documents 2013
Following are the court documents and reports regarding the bankruptcy of Southern Montana Electric Generation and Transmission Cooperative. Please click on the file name to view.
Southern's member co-ops provided a second amended Disclosure Statement and plan of liquidation.
1221 - Second Amended Disclosure Statement - Members - Filed December 31, 2013
- 1221 - 1 Exhibit 1 - Amended Plan of Liquidation - Filed Dec. 31, 2013
- 1221 - 2 Exhibit 2 - Members' Liquidation Analysis
Approval of stipulation to extend cash collateral - Filed December 31, 2013
Proposed Southern Budget - filed December 30, 2013
Fergus Electric and Beartooth electric Cooperative filed a motion to convert the Southern bankruptcy to Chapter 7 liquidation on December 27, 2013. This filing says clearly that if a conversion does not occur both Beartooth and Fergus continue to support the liquidation plan filed by the member co-ops. Additional documents are exhibits to support the argument that too much money has been wasted.
- 1211 - Motion to Convert, Fergus and BEC - Filed December 27, 2013
- 1211 - 2 - Exhibit 2. Professional Fees - Filed December 27, 2013
- 1211 - 3 - Exhibit 3. Letter from Fergus to Parks dated 10-8-13 - Filed December 27, 2013
- 1211 - 4 - Exhibit 4. Summary of Operating Reports - Filed December 27, 2013
- 1211 - 5 - Exhibit 5. Southern Bylaws - Fied December 27, 2013
Bankruptcy Update to Members - December 5, 2013
Two orders set January 14 as the revised date for the hearing on the disclosure information for the member's liquidation plan and the Beartooth case to deny use of its wholesale power contract as collateral.
- 1171 - Order Setting Hearing on Disclosure Statement - Filed December 5, 2013
- 52 - Order Setting Hearing on Motion to Dismiss - Filed December 5, 2013
Filed on December 2, 2013
- 1160 - Order to Remove Trustee - Filed November 26, 2013
- 1159 - Memorandum of Decision to Remove Trustee - Filed November 26, 2013
- 1133-Joint Members' Witness List - Filed November 6, 2013
- 1132-Joinder in Objection to Remove Trustee - Filed November 6, 2013
- 1131-Coval's Joinder in Objections to Motion to Remove Trustee - Filed November 6, 2013
- 1127-Mid Yellowstone's Joinder to Motion to Remove Trustee - Filed November 4, 2013
- 1126-BEC's Joinder to Motion to Remove Trustee - Filed November 4, 2013
- 1123-Objection by Trustee to, and Request for Summary Denial of, Motion to Remove Trustee - Filed November 4, 2013
- 1115-Notice of Hearing - Filed October 31, 2013
- 1114-UCC's Joinder to Motion to Remove Trustee - Filed October 31, 2013
- 1107-First Amended Disclosure Statement - Filed October 25, 2013
- 1106-Request to file overlength brief re: Removal of Trustee - Filed October 25, 2013
- 1101-Motion to remove Trustee - Filed October 21, 2013
- 1100-Members Plan of Liquidation - Filed October 18, 2013
- 1099-1 Exhibit 1 to Member Cooperatives' Disclosure Statement - Filed October 18, 2013
1089-2-Motion to postpone certain dates
Filed October 15, 2013
Temple Report to Trustee
Submitted October 1, 2013
Objections to Trustee's Disclosure Statement.
Filed Sept. 18, 2013.
- 1026-Objection to Disclosure Statement-Mid-Yellowstone
- 1027-Objection to Disclosure Statement-Unsecured Creditors Committee
- 1029-Objection to Disclosure Statement-PPL EnergyPlus LLC
- 1031-Objection to Disclosure Statement-Fergus Electric
- 1032-Objection to Disclosure Statement-Tongue River
- 1033-Objection to Disclosure Statement-Beartooth Electric
Memo to members re: Latest news about the SME Bankruptcy proceedings
Written August 29, 2013
990-Disclosure Statement
Filed August 14, 2013.
- 990-3 Exhibit 2, Part 1 of the Disclosure Statement
- 990-3 Exhibit 2, Part 2 of the Disclosure Statement
- 990-4 Exhibit 3 of the Disclosure Statement
989-First Amended Chapter 11 Plan
Filed August 14, 2013.
979-Order to Deny Motion to Convert
The court denied converting the case to Chapter 7. Filed August 7, 2013.
970-1 Southern cash flow projections
This exhibit shows cas flow projections through July 2014. Filed July 29, 2013.
969-Reponse to TRECO objection
This was response, filed on July 29, 2013, is to the objection filed on July 19 by the Tongue River Electric Cooperative.
947-Objection to Converion
Tongue River objects to Chapter 7 conversion, filed July 19, 2013.
945-Notice of Joinder in Motion to Convert
Fergus Electric joins motion to convert to Chapter 7 filed July 18, 2013.
926-Notice of Reservation of Rights
Beartooth Notice of Reservation of Rights filed July 8, 2013.
Southern Bankruptcy Background
BEC/Southern Timeline of Events
2012 Court Documents
2011 Court Documents
918-Adjourning Filing and Appraisal
Motion filed to adjourn the hearing scheduled for July 28. Filed on June 28, 2013.
Southern 2013 Financials
Southern's Financial report as of May 2013.
Analysis of the Souther Trustee's Proposal
PowerPoint presentation by EES Consulting.
820-Protective Order
The protective order was filed on April 22, 2013.
816-Trustee's Motion for Valuation of Security, 816-1 Valuation of Highwood Generating Station, 816-2 Valuation of WPC
These filings represent the first step in the process set by the court to value the collateral for Prudential's secured claim for their $85 million HGS loan. The collateral consists of the Highwood Generating Station and the all-requirements contracts Southern has with its member systems, including Beartooth. Prudential will not reach the same valuation conclusions and will no doubt file evidence supporting higher valuations of the plant and the contracts that have been presented as security for the loan. Prudential and the trustee could settle on a value and take that to the court. More likely, the hearing set for July 29 will begin to hear both sides and the judge will reach a decision about value. If the process finds Prudential's claim undersecured, they may elect to file (1111B) to declare their claim secured. This would open prospects for several lines of legal argument by all impacted parties, including Beartooth. Filed on April 19, 2013.
806-Stipulation for Rejection of Gas Transport Agreement
The court recognizes the termination of natural gas transport service agreement between Southern and Nova Gas Transmission Ltd. Filed April 15, 2013.
800-1 Proposed Scheduling Order
The order establishes a schedule for future filings and hearings. Filed April 12, 2013.
707-Beartooth objection to Trustee's motion for a protective order
A motion filed by the Beartooth attorney argues that the Trustee does not meet the procedural requirements for a protective order under Rule 7026 and does not meet any other standard of good cause for a protective order or sealing documents filed with the Court. The Court should deny the Trustee’s request for a protective order. Filed March 4, 2013.
701 Reply to Motion for Protective Order doc 699
The City of Great Falls and Electric City Power objection to the proposed protective order. The City of Great Falls wants access to Southern's books, records and information. Published: 03-04-13.
699-1 Proposed Protective Order
Southern trustee's motion to protect documents from disclosure. The trustee has filed a motion for a protective order to prohibit public disclosure of specific documents. He also proposes an order to allow prohibitions on a broad range of documents and other information in this case. Published: 03-04-13.
The Southern Trustee's reorganization plan filed with the bankruptcy court on 02-15-13.
Court document filed with Southern Trustee's reorganization plan on 02-15-13.
Court document filed with Southern Trustee's reorganization plan on 02-15-13.
Court document filed with Southern Trustee's reorganization plan on 02-15-13.
Court document filed with Southern Trustee's reorganization plan on 02-15-13.
