Avaya filed with the U.S. Bankruptcy Court a notice of presentment of joint stipulation and agreed order permitting Pension Benefit Guaranty Corporation to file consolidated claims under one case number.
The stipulation notes, “Debtor Avaya is the contributing sponsor of (a) the Avaya Inc. Pension Plan for Salaried Employees; and (b) the Avaya, Inc. Pension Plan (together, the ‘Qualified Pension Plans’). PBGC asserts that each other Debtor is a member of Avaya’s controlled group as defined in 29 U.S.C. section 1301(a)(14). PBGC has, therefore, concluded that it must file six separate proofs of claim against each of the Debtors, representing the claims for which PBGC asserts that the Debtors are jointly and severally liable to the Qualified Pension Plans and PBGC under 29 U.S.C. sections 1306, 1307 and 1362. Since 18 Debtors have filed petitions for relief to date, PBGC would be required to file at least 108 separate proofs of claim. These multiple claims would impose a significant and unnecessary administrative burden on the Debtors, PBGC, and the Court. Notwithstanding anything to the contrary set forth in the Bar Date Order, the Bar Date Notices, the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure or local bankruptcy rules that would otherwise require PBGC to file a separate proof of claim against each Debtor on account of each claim against such entity, any proof of claim or amendment thereto against Debtor Avaya filed by PBGC on its own behalf or on behalf of the Qualified Pension Plans in the Lead Case shall be deemed to be filed against such Debtor in such case and also against each of the other 17 Debtors in their respective cases.” The Court scheduled a May 3, 2017 hearing with objections due by April 26, 2017.