Nebraska Department of Insurance
INFORMATION PROVIDED BY U. S. BANKRUPTCY COURT
National Warranty Insurance Company Risk Retention GroupNotice Regarding Filing of Proof of Claims in a U.S.C. § 304 Proceeding
On June 20, 2003, National Warranty Insurance Company RRG filed an ancillary case under 11 U.S.C. § 304 in the U. S. Bankruptcy Court for the District of Nebraska. The petition under § 304 does not commence a full bankruptcy case, but does enable the foreign representative to seek appropriate relief.
The filing of an ancillary petition is markedly different from the filing of a regular voluntary petition. It more closely resembles the filing of a civil suit requesting that an order for relief be entered. The petition must be served with a summons and entry of the order for relief may be contested. Thus, an ancillary case will not follow the normal pattern of a case under any specific chapter of the Bankruptcy Code. There is no local trustee appointed, there is no section 341 meeting, and there is no filing of claims. About the only commonality of an ancillary case with a case filed under any of the chapters of the Bankruptcy Code is that it is initiated by the filing of a petition.
Therefore, the aforementioned § 304 proceeding is not ripe for filing proof of claims against the debtor and all electronically filed proof of claims received by this court will be stricken. You are strongly urged to refrain from filing a proof of claim until further notice. All hard copy proof of claims inadvertently filed in this case will remain unprocessed and will be retained in the Clerk's office. For additional information regarding claims against the Debtor, contact the Attorney for Debtor, Krista Kester at 402-437-8500.
Thank you.
Diane L. Zech
Clerk of Court