The Hertz Corporation Creditors' Committee

Case No. 20-11218


Case Background

On May 22, 2020, The Hertz Corporation and certain affiliates (“Hertz” or the “Debtors”) filed voluntary Chapter 11 bankruptcy petitions (the “Hertz Cases”) in the Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”).  Certain international affiliates of the Debtors filed a Scheme of Arrangement in the United Kingdom on December 7, 2020, and one affiliate filed a Chapter 15 petition in the Bankruptcy Court on December 22, 2020.

The questions and answers that follow provide general information concerning the Hertz Cases, the Official Committee of Unsecured Creditors of The Hertz Corporation (the “Committee”), and various topics related to the Hertz Cases and the Committee.  Please note that nothing contained herein is or is intended to be legal advice to any party in the Hertz Cases, and is being provided for convenience only; you should consult with your own lawyer regarding your rights in the bankruptcy cases, as applicable.

What is the Committee?

Pursuant to the Bankruptcy Code, the United States Trustee (the “UST”) is authorized to appoint a committee of creditors holding unsecured claims as soon as possible after the filing of a case.  Generally a creditors’ committee is a group of general unsecured creditors appointed to represent, in a fiduciary capacity, the interests of all general unsecured creditors.  In such role, creditors’ committees act to protect and promote the interests of general unsecured creditors by, among other things, monitoring a debtor’s business operations, investigating its business and financial affairs, and negotiating the terms of a plan of reorganization. 

In accordance with this authority, on June 11, 2020, the UST appointed the Committee [Docket No. 392].

The Committee does not represent individual creditors; it is an estate fiduciary that represents the interests of all unsecured creditors through oversight of and negotiations with the Debtors.  Neither the Committee nor its counsel represents individual creditors that may have claims in the Hertz Cases.

What is the Committee’s role in the Hertz Cases?

Pursuant to the Bankruptcy Code, the Committee may: (1) consult with the trustee or debtor in possession concerning the administration of the cases; (2) investigate the acts, conduct, assets, liabilities, and financial condition of the Debtors, the operation or the Debtors’ business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan; (3) participate in the formulation of a plan, advise those represented by the Committee of its determinations as to any plan formulated, and collect and file with the court acceptances or rejections of a plan; (4) request the appointment of a trustee of examiner under section 1104 of the Bankruptcy Code; and (5) perform such other services as are in the interest of those represented.

Who are the members of the Committee?

  • American Automobile Association, Inc.
  • Emma Bradley
  • Janice Dawson
  • International Brotherhood of Teamsters
  • Pension Benefit Guaranty Corporation
  • Sirius XM Radio Inc.
  • Southwest Airlines Co.
  • U.S. Bank National Association, as indenture trustee
  • Wells Fargo Bank, N.A., as indenture trustee

Who represents the Committee?

The Committee has retained (i) Kramer Levin Naftalis & Frankel LLP to act as its co-counsel, (ii) Benesch, Friedlander, Coplan & Aronoff LLP to act as its Delaware co-counsel, (iii) Berkeley Research Group, LLC to act as its financial advisor, and (iv) UBS Securities LLC to act as its investment banker.

Plan and Disclosure Statement

On March 2, 2021, the Debtors filed their Plan of Reorganization and the related Disclosure Statement.  Objections are due April 9, 2021.  The Bankruptcy Court will hold a hearing to consider the approval of the Disclosure Statement on April 16, 2021.  The Committee is evaluating the Plan of Reorganization, which is subject to change.

Please click below to view and download documents related to the proposed Plan and Disclosure Statement:

Deadline to File Claims

The Bankruptcy Court has set the following deadlines for filing proofs of claim:

  • General Bar Date (including claims pursuant to section 503(b)(9) of the Bankruptcy Code): October 21, 2020, at 5:00 p.m. (prevailing Eastern Time)
  • Governmental Bar Date: November 18, 2020, at 5:00 p.m. (prevailing Eastern Time)

For more information on submitting a claim, please visit the Debtors’ restructuring website here.

International Proceedings

Additional information about the Scheme of Arrangement in the United Kingdom can be found here.

Additional information about the Chapter 15 proceeding can be found here.


Parties

Committee's Counsel

  • Kramer Levin Naftalis & Frankel LLP

    1177 Avenue of the Americas
    New York, NY   10036
    https://www.kramerlevin.com/en/
    Phone: 212.715.9100
    Fax: 212.715.8000

    Thomas Moers Mayer
    Amy Caton
    Alice Byowitz

  • Benesch, Friedlander, Coplan & Aronoff LLP

    222 Delaware Avenue, Suite 801
    Wilmington, DE   9801
    https://www.beneschlaw.com/
    Phone: 302.442.7010
    Fax: 302.442.7012

    Jennifer R. Hoover
    Kevin M. Capuzzi
    John C. Gentile

United States Trustee and Court Information

  • Office of the United States Trustee

    844 King Street
    Suite 2207
    Wilmington, DE   19801
    www.justice.gov/ust/r03/wilmington/index.htm
    Phone: 302.573.6485
    Fax: 302.573.6497

    Linda Richenderfer

  • United States Bankruptcy Court

    District of Delaware
    824 Market Street North, 3rd Floor
    Wilmington, DE   19801
    www.deb.uscourts.gov
    Phone: 302.252.2900



Debtors

Case Number Debtor Name Petition Date
Case Number 20-11218 Debtor Name The Hertz Corporation Petition Date May 22, 2020
Case Number 20-11220 Debtor Name Thrifty Rent-A-Car System, LLC Petition Date May 22, 2020
Case Number 20-11221 Debtor Name Thrifty, LLC Petition Date May 22, 2020
Case Number 20-11222 Debtor Name Dollar Thrifty Automotive Group, Inc. Petition Date May 22, 2020
Case Number 20-11223 Debtor Name Firefly Rent A Car LLC Petition Date May 22, 2020
Case Number 20-11224 Debtor Name CMGC Canada Acquisition ULC Petition Date May 22, 2020
Case Number 20-11225 Debtor Name Hertz Aircraft, LLC Petition Date May 22, 2020
Case Number 20-11226 Debtor Name Dollar Rent A Car, Inc. Petition Date May 22, 2020
Case Number 20-11227 Debtor Name Dollar Thrifty Automotive Group Canada Inc. Petition Date May 22, 2020
Case Number 20-11228 Debtor Name Donlen Corporation Petition Date May 22, 2020
Case Number 20-11229 Debtor Name Donlen FSHCO Company Petition Date May 22, 2020
Case Number 20-11230 Debtor Name Hertz Canada Limited Petition Date May 22, 2020
Case Number 20-11231 Debtor Name Donlen Mobility Solutions, Inc. Petition Date May 22, 2020
Case Number 20-11232 Debtor Name DTG Canada Corp. Petition Date May 22, 2020
Case Number 20-11233 Debtor Name DTG Operations, Inc. Petition Date May 22, 2020
Case Number 20-11234 Debtor Name Hertz Car Sales LLC Petition Date May 22, 2020
Case Number 20-11235 Debtor Name DTG Supply, LLC Petition Date May 22, 2020
Case Number 20-11236 Debtor Name Hertz Global Services Corporation Petition Date May 22, 2020
Case Number 20-11237 Debtor Name Hertz Local Edition Corp. Petition Date May 22, 2020
Case Number 20-11238 Debtor Name Hertz Local Edition Transporting, Inc. Petition Date May 22, 2020
Case Number 20-11239 Debtor Name Donlen Fleet Leasing Ltd. Petition Date May 22, 2020
Case Number 20-11240 Debtor Name Hertz System, Inc. Petition Date May 22, 2020
Case Number 20-11241 Debtor Name Smartz Vehicle Rental Corporation Petition Date May 22, 2020
Case Number 20-11242 Debtor Name Thrifty Car Sales, Inc. Petition Date May 22, 2020
Case Number 20-11243 Debtor Name Hertz Technologies, Inc. Petition Date May 22, 2020
Case Number 20-11244 Debtor Name TRAC Asia Pacific, Inc. Petition Date May 22, 2020
Case Number 20-11245 Debtor Name Hertz Transporting, Inc. Petition Date May 22, 2020
Case Number 20-11246 Debtor Name Rental Car Group Company, LLC Petition Date May 22, 2020
Case Number 20-11247 Debtor Name Rental Car Intermediate Holdings, LLC Petition Date May 22, 2020