Daewoo Motors America Bankruptcy Documents

Scanned text below in 4 sections:
1 - Scanned text of Letter from Daewoo Motor America
2 - Scanned text of Daewoo Motor America Bankruptcy Filing
3 - Scanned text of Daewoo Motor America Claim Form Instructions
4 - Scanned text of Daewoo Motor America Bankruptcy Claim Form

Click the "image" links below to see scanned images of these documents.
See also http://group/yahoo.com/group/daewoolanos/files for copies of the following scanned source images.

1 - Scanned text of Letter from Daewoo Motor America below, click here for scanned image page 1, and page 2. (Back to top.)
DAEWOO MOTOR AMERICAN, INC.
c/o Robot L. Berger & Assoc., LLC
10351 Santa Monica Blvd., Suite 101A
PMB 1026
Los Angeles CA 90025

FIRST CLASS MAIL
PAID
GLENDALE, CA
U.S. POSTAGE
PERMIT No- 100

[DAEWOO LOGO] DAEWOO®

DAEWOO MOTOR AMERICA, INC.
1055 W. Victoria St., Compton, CA 90220 / Tel: (310) 223-5900 Fax: (310) 669-2000

September 18, 2002

Dear Daewoo Customer,

This communication is not one we ever contemplated having to write to you and it is most unfortunate we have to do so now! As you have noted, there is a notice of bankruptcy and a Proof of Claim Form enclosed with this correspondence.
So, what happened?

For many different reasons, Daewoo Motor Company, Ltd. ("DWMC") in Korea was forced to declare bankruptcy in November of 2000. Negotiating with General Motors (GM) now, DWMC has agreed to sell certain of their assets to GM. Unfortunately, this asset sale does not include Daewoo Motor America, Inc. ("DMA").

Going forward, DWMC has advised DMA that it will support manufacturer specific warranty repairs for vehicles sold in the United States until a new company (GM Daewoo Auto & Technology Company) to be formed by GM and its partners is able to assume responsibility for these warranty repairs. DWMC, as the manufacturer of the Daewoo vehicles, is responsible for the cost of providing the manufacturer's warranty repairs. Although DMA is in bankruptcy, it will continue to assist DWMC as long as DWMC provides the necessary funds to DMA to administer to the manufacturer's warranty program in the United States. DWMC, which is bankrupt, has advised DMA that it has obtained approval from its Bankruptcy Court in Korea to continue to provide financial support for warranty repairs and this support is likely to continue until the signing of the asset purchase agreement between GM and Creditors of DWMC.

As stated above, DMA was forced to file for Chapter 11 bankruptcy protection on May 16, 2002, but it is still operational and DMA is currently processing all manufacturer specific warranty claims submitted by authorized dealers. However, you may be aware that certain dealers have chosen not to perform warranty repairs. In these instances, DMA is working diligently to persuade each dealer to honor their Sales and Service Agreement and to perform warrantable repairs for all Daewoo owners.

Additionally, it is important to understand that marketing programs like Scheduled Maintenance and Roadside Assistance, while initially supported by DWMC, are not part of the manufacturer's specific warranty coverage provided by DWMC. Because DWMC is no longer supporting these marketing programs, they have been suspended, at this time.

Regarding parts availability, we have experienced some out-of-stock conditions for select parts because of our May 16, 2002 bankruptcy filing and the numerous Bankruptcy Court proceedings related to that filing. However, we are now managing to order and receive parts shipments on a more regular basis, which will continue to improve Daewoo parts availability now and in the future, as well.

If you are in need of parts or warrantable repairs vehicle service, you should contact your nearest Daewoo Dealer for assistance. Note that DMA's web site, http://www.daewoous.com continues to provide a Dealer Locator. In the event that particular dealer refuses to provide service, you should contact the next closest dealer. If you still cannot locate a servicing dealer, you should contact the DMA Customer Relations Department at (877) 362-1234, option 6. Every effort will be made to assist you in locating a dealer who will provide the needed parts/service.

While there was little we were able to do to prevent this from happening, please accept our apology for what has turned out to be a very unfortunate situation.

Sincerely,

Ben Rainwater

Ben Rainwater
Vice President,
National Parts & Service Division

2 - Scanned text of Daewoo Motor America Bankruptcy Filing below, click here for scanned image. (Back to top.)
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES DIVISION

In re

DAEWOO MOTOR AMERICA, INC.,
a Delaware corporation,
Debtor.
Address: 1055 W. Victoria Street, Compton, CA 90220
Tax I.D. No. 22-3523539

Chapter 11

Case No. LA 02- 24411 -KM

NOTICE OF BAR DATE FOR FILING PROOFS OF
CLAIM AND INTEREST

TO ALL PARTIES IN INTEREST:

PLEASE TAKE NOTICE that at the continued status conference in this Chapter 11 case held by the Court on August 7 2002 at 10:00 a.m., the Court set bar dates for filing proofs of claims and interests as described hereafter. The Court has ordered the undersigned to serve you with this Notice.

YOU ARE HEREBY NOTIFIED that the Court has established November 18, 2002 as (1) the last day to file proofs of claims against the estate of Daewoo Motor America, Inc., a Delaware corporation, the debtor and debtor in possession in the above-captioned case (the "Debtor"), and as (2) the last day to file proofs of equity interest ownership in the Debtor. The two exceptions to this deadline for filing proofs of claim and interest are (1) claims arising from rejection of executory contracts or unexpired leases, and (2) claims of governmental units.

For claims arising from rejection, pursuant to 11 U.S.C. § 365, of executory contracts or unexpired leases, the last day to file proofs of claim is 30 days after the date that the bankruptcy estate rejects such contract or lease, or November 18, 2002, whichever is later.

For claims of "governmental units", as that term is defined in 11 U.S.C. § 101(27), such claims am timely filed if filed before 180 days after the date of the Order for Relief in this case, or if filed by November 18, 2002, whichever is later. See 11 U.S.C. § 502(b)(9).

If you fail to timely file a proof of claim or interest with the Clerk of the Court for the United States Bankruptcy Court for the Central District of California where the filing is required, you will be forever barred from receiving any distribution in this Chapter 11 case, unless the Court hereafter orders otherwise.

If you are listed on the Debtor's bankruptcy schedules and your claim or interest is not scheduled as disputed, contingent, unliquidated or unknown, your claim or interest is deemed filed in the amount set forth in the bankruptcy schedules, and the filing of a proof of claim of interest is unnecessary if you agree that the amount scheduled is correct and that the category in which your claim or interest is scheduled (e.g., secured, unsecured, preferred stock, common stock, etc.) is correct. See 11 U.S.C. § 1111(a).

If your claim or interest is not listed on the Debtor's bankruptcy schedules or is scheduled as disputed, contingent, unliquidated or unknown, or you disagree with the amount or description scheduled for your claim or interest, YOU MUST FILE A PROOF OF CLAIM OR INTEREST IN THE ABOVE-CAPTIONED CHAPTER 11 CASE OR YOU WILL BE FOREVER BARRED FROM RECEIVING A DIVIDEND FROM THE ESTATE, UNLESS THE COURT LATER ORDERS OTHERWISE.

A copy of a Proof of Claim form may have been sent to your by the Court previously on the back of the Notice of Commencement of Case Under Chapter 11 of the Bankruptcy Code in May, 2002. Another copy of a Proof of Claim form that you may use to file your claim is attached to this Notice of Bar Date. Proof of Interest forms, and additional copies of the Proof of Claim forms, may be obtained from the Office of the Clerk of the United States Bankruptcy Court for the Central District of California.

Proofs of claim and interest must be timely filed by the dates specified in this Notice, with the Clerk of the United States Bankruptcy Court for the Central District of California, located at U.S. Federal Building, 300 North Los Angeles Street, First Floor, Los Angeles, California 90012. Additionally, claimant must serve the copy of the proof of claim or interest on Stutman, Treister & Glatt Professional Corporation, Attention Kendra Johnson, 3699 Wilshire Boulevard, Suite 900, Los Angeles, California 90010.

DATED: September 18, 2002

SCOTT H. YUN, a Member of
Stutman, Treister & Glatt Professional Corporation
Bankruptcy Counsel for Debtor and
Debtor in Possession

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3 - Scanned text of Daewoo Motor America Claim Form Instructions below, click here for scanned image. (Back to top.)
INSTRUCTIONS FOR PROOF OF CLAIM FORM

The instructions and definitions below we general explanations of the law. In particular types of cases or circumstances, such as bankruptcy cases that are not filed voluntarily by a debtor, there may be exceptions to these general rules.

-- DEFINITIONS --

Debtor

The person, corporation, or other entity that has filed a bankruptcy case is called the debtor.

Creditor

A creditor is my person, corporation, or other entity to whom the debtor owed a debt on the date that the bankruptcy case was filed.

Proof of Claim

A form telling the bankruptcy court how much the debtor owed a creditor at the time the bankruptcy case was fled (the amount of the creditor's claim). This form must be filed with the clerk of the bankruptcy court where the bankruptcy case was filed.

Secured Claim

A claim is a secured claim to the extent that the creditor has a lien on property of the debtor (collateral) that gives the creditor the right to be paid from that property before the creditors who do not have liens on the property.

Examples of liens we a mortgage on real estate and a security interest in a car, truck, boat, television set, or other items of property. A lien may have been obtained through a court proceeding before the bankruptcy case began, in some states a court judgment is a lien. In addition, to the extent a creditor also owes money to the debtor (has a right of setoff) the creditor's claim may be a secured claim (See also Unsecured Claim).

Unsecured Claim

If a claim is not a secured claim, it is an unsecured claim. A claim may be partly secured and parity unsecured if the property on which a creditor has a lien is not worth enough to pay the creditor in full.

Unsecured Priority Claim

Certain types of unsecured claims are given priority, so they are to be paid in bankruptcy cases before most other unsecured claims (if there is sufficient money or property available to pay these claims). The most common types of priority claims are listed on the proof of claim form. Unsecured claims that are not specifically given priority status by the bankruptcy laws are classified as Unsecured Nonpriority Claims.

Items to be completed in Proof of Claim form (if not already filed in)

Court, Name of Debtor, and Case Number:

Fill in the name of the federal judicial district where the bankruptcy case was filed (for example, Central District of California), the name of the debtor in the bankruptcy case, and the bankruptcy case number. If you received a notice of the case from the court, all of this information is near the top of the notice.

Information about Creditor:

Complete the section giving the name, address, and telephone number of the creditor to whom the debtor owes money or property, and the debtor's account number, if any. If anyone else has already filed a proof of claim relating to this debt, if you never received notices from the bankruptcy court about this case, if your address differs from that to which the court sent notice, or if this proof of claim replaces or changes a proof of claim that was already filed, check the appropriate box on the form

1. Basis for Claim:

Check the type of debt for which the proof of claim is being filed. If the type of debt is not listed, check "Other" and briefly describe the the of debt. If you were an employee of the debtor, fill your social security number and the dates of work for which you were not paid.

2. Date Debt Incurred:

Fill in the date when the debt first was owed by the debtor.

3. Court Judgments:

If you have, a court judgment for this debt, state the date the court entered the judgment.

4. Total Amount of Claim at Time Case Filed:

Fill in the total amount of the entire claim. If interest or other charges in addition to the principal amount of the claim are included, check the appropriate place on the form and attach an itemization of the interest and charges.

5. Secured Claim:

Check the appropriate place if the claim is a secured claim. You must state the type and value of property that is collateral for the claim, attach copies of the documentation of your lien, and state the amount past due on the claim as of the date the bankruptcy case was filed. A claim may be partly secured and partly unsecured (see DEFINITIONS, above).

6. Unsecured Priority Claim:

Check the appropriate place if you haw an unsecured priority claim, and state the amount entitled to priority. (see DEFINITIONS, above). A claim may be partly priority and partly nonpriority if, for example, the claim is for more than the amount given priority by the law. Check the appropriate place to specify the type of priority claim.

7. Credits:

By signing this proof of claim, you are stating under oath that in calculating the amount of your claim, you have given the debtor credit for all payments received from the debtor.

8. Supporting Documents:

You must attach to this proof of claim form copies of documents that show the debtor owes the debt claimed or, if the documents are too lengthy, a summary of those documents. If documents are not available, you must attach an explanation of why they are not available.

Address of Court:
Clerk of the United States
Bankruptcy Court
300 North Los Angeles Street
Los Angeles, CA 90012

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4 - Scanned text of Daewoo Motor America Bankruptcy Claim Form below, click here for scanned image. (Back to top.)
PROOF OF CLAIM

------------------------------

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT PROOF OF CLAIM COURT OF CALIFORNIA (Los Angeles Division)

------------------------------

PROOF OF CLAIM


THIS SPACE FOR COURT USE ONLY

------------------------------

Name of Debtor DAEWOO MOTOR AMERICA, INC., a Delaware Corporation

------------------------------

Case Number LA 02-24411 -KM

------------------------------

NOTE: This form should not be used to make a claim for an administrative expense arising after the commencement of the case. A "request" for payment of an administrative expense may be filed pursuant to 11 U.S.C. § 503.

------------------------------

Name of Creditor (the person or other entity to whom the debtor owes money or property):


______________________________


------------------------------

Name and address where notices should be sent


______________________________


Telephone number: ______________________________


------------------------------

[ ] Check box it you we aware that anyone else has filed a proof of claim relating to your claim. Attach copy of statement giving particulars.

[ ] Check box if you have never received any notices from the bankruptcy court in this case.

[ ] Check box it the address differs from the address on the envelope sent to you by the court.

------------------------------

Account or other number by which creditor identifies debtor:


______________________________


------------------------------

Check here it this claim

[ ] replaces

[ ] amends

a previously filed claim dated: ________________


------------------------------

1. Basis for Claim

[ ] Goods sold

[ ] Services performed

[ ] Money loaned

[ ] Personal injury/wrongful death

[ ] Taxes

[ ] Other

[ ] Retiree benefits as defined in I I U.S.C. § 1114(a)

[ ] Wages, salaries, and compensation (fill out below)

Your SS #:_______ __________ ________

Unpaid compensation for services performed

from to (date) __________ to (date) __________


------------------------------

2. Date debt was incurred:


______________________________


------------------------------

3. It court judgment, dated obtained:


______________________________


------------------------------

4. Total Amount of Claim at Time Case Filed: $ __________
if all or part of your claim is secured or entitled to priority, also complete Item 5 or 6 below.

[ ] Check this box if claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement of all interest or additional charges.


------------------------------

5. Secured Claim.

[ ] Check this box if your claim is secured by collateral (including a right of setoff )

Brief Description of Collateral:

[ ] Real Estate [ ] Motor Vehicle [ ] Other __________

Value of Collateral: $ __________

Amount of arrearage and other charges at time case filed included in secured claim, if any: $ __________


------------------------------

6. Unsecured Priority Claim.

[ ] Check this box If you have an unsecured priority claim

Amount entitled to priority $ __________

Specify the priority of the claim:

[ ] Wages, salaries or (up to $4,000)* earned within 90 days before filing of the bankruptcy petition or cessation of the debtor's business, whichever is earlier - 11 U.S.C. § 507(a)(3).

[ ] Contributions to an employee benefit plan - 11 U.S.C. § 507(a)(4).

[ ] Up to $1,800* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use - 11 U.S.C. § 507(a)(6).

[ ] Alimony, maintenance, or support owed to a spouse, former spouse, or child 11 U.S.C. § 507(a)(7).

[ ] Taxes or penalties owed to governmental units - 11 U.S.C. § 507(a)(8).

[ ] Other - Specify applicable paragraph of " U.S.C. § 507(a)(_____).

* Amounts we subject to adjustment on 4/1/98 and every 3 years thereafter with respect to cases commenced on of after the date of adjustment.


------------------------------

7. Credits: The amount of all payments on this claim has been credited and deducted for the purpose of making this proof of claim.

8. Supporting Documents: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, and evidence of perfection of lien. DO NOT SEND ORIGINAL DOCUMENTS. If the documents are not available, explain. If the documents are voluminous, attach a summary.

9. Date-Stamped Copy: To receive an acknowledgment of the filing of your claim, enclose a stamped, self-addressed envelope and copy of this proof of claim.

------------------------------

Date


______________________________


------------------------------

Sign and print the name and title, if any, of the creditor or other person authorized to file this claim (attach copy of power of attorney, if any):


______________________________


------------------------------

THIS SERVICE IS FOR COURT USE ONLY

------------------------------

Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. § 152 and 3571.

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