NOTICE OF EMPLOYEE BAR DATE REQUIRING
FILING OF PROOFS OF CLAIM ON OR
BEFORE JULY 11, 2003, AT 5:00 P.M. (EASTERN TIME)

TO ALL CURRENT OR FORMER EMPLOYEES WITH CLAIMS AGAINST ANY OF THE DEBTOR ENTITIES LISTED IN THE ANNEXED SCHEDULE A:

PLEASE TAKE NOTICE THAT on May 14, 2003, the United States Bankruptcy Court for the Southern District of New York (the “Court”) having jurisdiction over the chapter 11 cases of the debtor entities listed in the annexed schedule A (collectively, the “Debtors”) entered an order (the “Employee Bar Date Order”) establishing July 11, 2003, at 5:00 p.m. (Eastern Time) (the “Employee Bar Date”), as the last date and time for each present or former employee of any of the Debtors and, with respect to benefits claims, any spouse or beneficiary thereof, or any employee of an affiliate of any of the Debtors for which affiliate’s employee any Debtor is responsible to provide employee benefits (collectively, the “Employees”), to file a proof of claim against any of the Debtors.  The Employee Bar Date Order and the Employee Bar Date, as well as the procedures set forth below for the filing of proofs of claim, apply to the claims described below against the Debtors that arose prior to October 15, 2001, the date on which each of the Debtors commenced a case under chapter 11 of title 11, United States Code (the “Bankruptcy Code”).

1.         WHO MUST FILE A PROOF OF CLAIM

You MUST file a proof of claim to share in the estate if you are a present or former employee of one of the Debtors or, with respect to benefit claims, any spouse or beneficiary thereof, or any employee of an affiliate of any of the Debtors for which affiliate’s employee any Debtor is responsible to provide employee benefits, and have a claim that arose prior to October 15, 2001, and it is not one of the types of claims described in section 2 below.  Acts or omissions of the Debtors that arose before October 15, 2001, may give rise to claims against the Debtors notwithstanding that such claims may not have matured or become fixed or liquidated prior to such date. 

Under section 101(5) of the Bankruptcy Code and as used herein, the word “claim” means:  (a) a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (b) a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.

2.         WHO NEED NOT FILE A PROOF OF CLAIM

You need not file a proof of claim if:

A.        You have already properly filed, with the Clerk of the United States Bankruptcy Court for the Southern District of New York, a proof of claim against the applicable Debtor or Debtors utilizing a claim form which substantially conforms to the Proof of Claim form tailored for these cases or Official Form No. 10;

B.         Your claim is listed on the Debtors’ Schedules (as defined below) and is not described as “disputed,” “contingent,” or “unliquidated,” and your claim is asserted against a specific Debtor, and you do not dispute the specific Debtor against which your claim is asserted, and you do not dispute the amount or nature of your claim in each case as identified in the upper right-hand corner of the enclosed Proof of Claim.  Employees holding claims which are listed in the Schedules without reference to a particular Debtor shall be required to file a Proof of Claim.  Annexed hereto as Schedule B is a list of the names under which the Debtors conduct or previously conducted business within the previous six years, the names of associated Debtors, and their respective case numbers;

C.        Your only claim is under sections 503(b) or 507(a)(1) of the Bankruptcy Code as an administrative expense of any of the Debtors’ chapter 11 cases;

D.        Your claim has already been paid or otherwise satisfied in full by any of the Debtors; or

 

E.         You hold a claim that has been allowed by an order of the Court entered on or before the Employee Bar Date.

YOU SHOULD NOT FILE A PROOF OF CLAIM IF YOU DO NOT HAVE A CLAIM AGAINST THE DEBTORS, OR IF THE CLAIM YOU HELD AGAINST THE DEBTORS HAS BEEN PAID IN FULL, RELEASED, OR WAIVED.

THE FACT THAT YOU HAVE RECEIVED THIS NOTICE DOES NOT MEAN THAT YOU HAVE A CLAIM OR THAT THE DEBTORS OR THE COURT BELIEVE THAT YOU HAVE A CLAIM.

3.            WHEN AND WHERE TO FILE

Except as provided for herein, all proofs of claim must be filed so as to be received on or before July 11, 2003, at 5:00 p.m. (Eastern Time), at the following address:

IF SENT BY MAIL                                            IF SENT BY MESSENGER OR                                                                         OVERNIGHT COURIER

 

United States Bankruptcy Court                      United States Bankruptcy Court

Southern District of New York                         Southern District of New York
Bethlehem Steel Claims Processing               Bethlehem Steel Claims Processing

P.O. Box 5043                                                  One Bowling Green

Bowling Green Station                                    New York, New York 10004-1408

New York, New York 10274-5043    
                       
 (together, the “Bethlehem Steel Docketing Center”).

Proofs of claim will be deemed timely filed only if actually received by the Bethlehem Steel Docketing Center on or before the Employee Bar Date.  Proofs of claim may not be delivered by facsimile, telecopy transmission, or electronic mail transmission.

4.         WHAT TO FILE

If you file a proof of claim, your filed proof of claim must (i) be written in English, (ii) be denominated in lawful currency of the United States, (iii) conform substantially with the enclosed proof of claim or Official Form No. 10, (iv) indicate the Debtor against which you are asserting a claim, and (v) be signed by the claimant.

YOU SHOULD ATTACH TO YOUR COMPLETED PROOF OF CLAIM FORM COPIES OF ANY WRITINGS UPON WHICH SUCH CLAIM IS BASED.

EXCEPT WITH RESPECT TO CLAIMS OF THE TYPE SET FORTH IN SECTION 2 ABOVE, ANY EMPLOYEE WHO FAILS TO FILE A PROOF OF CLAIM ON OR BEFORE THE EMPLOYEE BAR DATE OF JULY 11, 2003, FOR ANY CLAIM SUCH EMPLOYEE HAS OR MAY HAVE OR WISHES TO ASSERT AGAINST ANY OF THE DEBTORS WILL BE FOREVER BARRED, ESTOPPED, AND ENJOINED FROM ASSERTING SUCH CLAIM (OR FILING A PROOF OF CLAIM WITH RESPECT TO SUCH CLAIM) AGAINST SUCH DEBTOR, AND SUCH DEBTOR, ITS ESTATE, AND ITS PROPERTY WILL BE FOREVER DISCHARGED FROM ANY AND ALL INDEBTEDNESS OR LIABILITY WITH RESPECT TO SUCH CLAIM, AND SUCH HOLDER SHALL NOT BE PERMITTED TO VOTE ON ANY CHAPTER 11 PLAN OR PARTICIPATE IN ANY DISTRIBUTION IN SUCH DEBTOR’S CHAPTER 11 CASE ON ACCOUNT OF SUCH CLAIM, OR TO RECEIVE FURTHER NOTICES REGARDING SUCH CLAIM.

5.         THE DEBTORS’ SCHEDULES AND ACCESS THERETO

You may be listed as the holder of a claim against one or more of the Debtors in the Debtors’ Schedules of Assets and Liabilities (collectively, the “Schedules”).  To determine if and how you are listed on the Schedules, please refer to the descriptions set forth in the upper right hand corner of the enclosed proof of claim form(s) regarding the nature, amount, and status of your claim(s).  If you received postpetition payments from the Debtors on account of your claim(s), the enclosed proof of claim form(s) will reflect the net amount of your claim(s) (i.e., reduced by the postpetition payments), as and to the extent such net amount is listed in the Schedules.  If the Debtors believe that you hold claims against more than one Debtor, you will receive multiple proofs of claim forms, each of which will reflect the nature and amount of your claim against each such Debtor, as listed in the Schedules.  As noted above, if you agree with the nature, amount, and status of your claim(s) as described in the enclosed proof of claim form(s), and you do not dispute the Debtor identified on the Proof of Claim against which your claim is asserted, you do not need to file a proof of claim.  However, if you intend to file one or more proofs of claim, you must do so before the Employee Bar Date in accordance with the procedures set forth in this Notice.

Copies of the Schedules may be examined by interested parties on the Court’s electronic docket for the Debtors’ chapter 11 cases, which is posted on the Internet at www.nysb.uscourts.gov (a PACER login and password are required).  Copies of the Schedules may also be examined by interested parties between the hours of 9:00 a.m. and 4:00 p.m. (Eastern Time), at the office of the Clerk of the Bankruptcy Court, United States Bankruptcy Court for the Southern District, One Bowling Green, Room 511, New York 10004-1408. 

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The Bethlehem Steel Docketing Center may be contacted at 1-888-498-7764 if there are questions concerning the filing, amount, nature, or processing of a proof of claim. 

A CLAIMANT SHOULD CONSULT AN ATTORNEY REGARDING ANY OTHER INQUIRIES, SUCH AS WHETHER THE CLAIMANT SHOULD FILE A PROOF OF CLAIM.

DATED:      New York, New York

                  May 14, 2003

 

Jeffrey L. Tanenbaum (JT 9797)

George A. Davis (GD2761)

WEIL, GOTSHAL & MANGES LLP

767 Fifth Avenue

New York, New York  10153

(212) 310-8000 

 

ATTORNEYS FOR THE DEBTORS
AND DEBTORS IN POSSESSION

SCHEDULE A

LIST OF DEBTOR ENTITIES