Document/Exhibit Description Pages Size
1: 8-K Current Report 5 18K
2: EX-2.1 Plan of Acquisition, Reorganization, Arrangement, 62 153K
Liquidation or Succession
3: EX-2.2 Plan of Acquisition, Reorganization, Arrangement, 17 43K
Liquidation or Succession
4: EX-2.3 Plan of Acquisition, Reorganization, Arrangement, 127 329K
Liquidation or Succession
EX-2.2 — Plan of Acquisition, Reorganization, Arrangement, Liquidation or Succession
Exhibit Table of Contents
EXHIBIT 2.2
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
In re: CASE NO: 00-12731-BKC-RAM
CHS ELECTRONICS, INC., CHAPTER 11 PROCEEDING
Debtor.
________________________________/
ORDER CONFIRMING CHS ELECTRONICS, INC.'S FOURTH
AMENDED LIQUIDATING PLAN OF REORGANIZATION
CHS ELECTRONICS, INC. (the "Debtor" and "Plan Proponent") filed with
the Court a Second Amended Disclosure Statement in support of Third Amended
Liquidating Plan of Reorganization, including the exhibits thereto (the
"Disclosure Statement") and a Third Amended Liquidating Plan of Reorganization,
including the exhibits thereto (the "Third Amended Plan"), both of which were
dated June 28, 2000.
A hearing was held before this Court on June 26, 2000 upon notice to
the holders of all known Claims against and Interests in the Debtor's Chapter 11
case, to consider the Disclosure Statement. The Disclosure Statement was
approved by Order of this Court dated June 29, 2000.
On July 20, 2000, a term sheet modifying the terms of the Stock
Purchase Agreement between the Debtor and Europa IT ApS (the proposed purchaser
of the European Assets under the Plan) was agreed to and executed by the Debtor,
the Official Committee of Creditors Holding Unsecured Claims and the Official
Committee of Noteholders and Europa (the "Term Sheet"). Thereafter, in
accordance with the Term Sheet certain modifications to the Plan and documents
relating to the Plan were made (the "Plan Modifications") as reflected in the
Fourth Amended Liquidating Plan of Reorganization that was filed with the Court
on July 25, 2000 (the "Plan").
CASE NO: 00-12731-BKC-RAM
All terms used in this Order that are not defined herein shall have the same
meanings ascribed to them in the Plan.
Copies of the Third Amended Plan, the Disclosure Statement, the June
29, 2000 Order Approving Disclosure Statement, Fixing Times For Filing
Acceptance or Rejections of the Plan, Fee Applications, Deadline for Filing
Objections to Confirmation of the Plan, Combined with Notices Thereof and of the
Hearing on Confirmation of the Plan (the "Scheduling Order"), and the Notice of
the List of Applicants for Final Compensation, were transmitted to the holders
of all known Claims against the Debtor. Holders of Interests in the Debtor
received notice of the commencement of this case, notice of the disclosure
statement hearing for the Plan, and a summary of the Plan terms (in a form
approved by the Court). A copy of the Term Sheet was served on July 21, 2000
upon the Committees, the United States Trustee and all parties having filed a
Notice of Appearance in the Case.
Ballots to vote to accept or reject the Third Amended Plan were also
sent to the holders of all known impaired Claims other than holders of Claims
(Class 7 and Class 8) that were deemed to have rejected the Plan. All of the
above-referenced documents (the "Solicitation Material") and the ballots were
transmitted to the holders of all known Claims against the Debtor in accordance
with Rule 3017 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy
Rules").
In the Scheduling Order, the Court established July 21, 2000 at 4:30
p.m. as the deadline for filing of ballots to accept or reject the Third Amended
Plan, and July 21, 2000 as the deadline for filing written Objections to
Confirmation of the Plan. Josef Tyl, Pavel Popliek and Richard
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CASE NO: 00-12731-BKC-RAM
Havlik; Bert McLachlan; De Lage Landen Vastgoedlease, B.V.; the United States of
America, Internal Revenue Service; and Credit Suisse filed timely Objections to
Confirmation. The United States Trustee's Office filed an untimely Objection to
Confirmation on July 25, 2000. Lasertech Computer Distributor, Inc. wrote a
letter to counsel for the Official Committee of Unsecured Trade Creditors which
has been provided to the Court.
On July 26, 2000, the Court held a hearing to consider confirmation of
the Plan (the "Confirmation Hearing"). The Official Committee of Creditors
Holding Unsecured Claims and the Official Committee of Noteholders (the
"Committees"), through their respective counsel appeared at the Confirmation
Hearing to support the Plan. The Court considered all of the foregoing,
including, without limitation, the Disclosure Statement, the Plan Modifications,
the Plan, and the Objections filed thereto, arguments of counsel presented at
the Confirmation Hearing and evidence presented by the parties present (or the
proffers of evidence offered without objection by any party and accepted as
evidence by the Court), together with the entire record of the Debtor's case.
After due deliberation and sufficient cause appearing therefor, it is FOUND
THAT:
A. Notice of the Confirmation Hearing in the form, within the time, and
in accordance with the procedures approved and prescribed by the Court in the
Scheduling Order was given and is adequate and sufficient pursuant to the
Bankruptcy Rules;
B. The Solicitation Materials and the ballots for the acceptance or
rejection of the Plan by holders of Claims in impaired Classes as defined in
Section 1124 of the Bankruptcy Code were transmitted to the holders of all
Claims against the Debtor in accordance with the
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CASE NO: 00-12731-BKC-RAM
Bankruptcy Code and the procedures used to distribute and tabulate the ballots
for acceptance and rejection of the Plan were fair and properly conducted;
C. Classes 3 and 6 are impaired under the Plan and have timely voted to
accept the Plan. Classes 1, 2 and 5 are unimpaired under the Plan and are not
entitled to vote to accept or reject the Plan. Classes 7 and 8 are deemed to
have rejected the Plan. The Trade Committee filed a motion to allow amended
ballots and deem the amended ballots as timely filed. By separate order, the
Court has granted that motion, and accordingly, by amended ballots, Class 4 has
accepted the Plan by the requisite majorities. The Plan has been accepted by the
requisite vote of Classes 3 and 4 under the Plan. The details of the balloting
(without giving effect to the amended class 4 ballots) are fully set forth in
the Plan Proponent's Certificate filed with the Court on July 25, 2000. Section
1129(a)(10) of the Bankruptcy Code has been satisfied;
D. The Plan Modifications do not adversely impact the treatment of any
Creditors or Interest holders and are in compliance with Bankruptcy Rule 3019
and Section 1127 of the Bankruptcy Code. Therefore, pursuant to Bankruptcy Rule
3019, the Plan shall be deemed accepted by all Creditors of the affected Classes
who have previously accepted the Plan.
E. The Plan complies with all applicable provisions of Chapter 11 of
the Bankruptcy Code and the Plan Proponent has complied with applicable
provisions of the Bankruptcy Code;
F. The classification of claims and interest under the Plan satisfies
Section 1122 of the Bankruptcy Code;
G. The Disclosure Statement previously approved by the Court satisfies
the requirements of Section 1125 of the Bankruptcy Code. The Plan Proponent
prepared the
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CASE NO: 00-12731-BKC-RAM
Disclosure Statement in good faith and with reasonable care and diligence. The
Debtor's post-Petition Date management has been and is authorized to file the
Plan and the Disclosure Statement and the exhibits thereto and prosecute the
confirmation of the Debtor's Plan.
H. The Plan has a reasonable prospect of success. The Plan has been
proposed in good faith and not any means forbidden by law. The Plan is feasible.
I. Any payment to be made by the Plan Proponent from Property of the
Debtor's Estate, or by any Person issuing securities or acquiring properties
under the Plan, for services or for costs and expenses in or in connection with
this Case, or in connection with the Plan and incident to this Case, has been
approved by, or will be subject to the approval of, the Court as reasonable;
J. With respect to each impaired Class of Claims and Interests under
the Plan, either each holder of a Claim or Interest of such Class has accepted
the Plan, was deemed to have rejected the Plan, or will receive or retain under
the Plan on account of such Claim or Interest Property of a value, as of the
Effective Date of the Plan, that is not less than the amount that such holder
would so receive or retain if the Debtors were liquidated under Chapter 7 of the
Bankruptcy Code on such date. The Plan establishes separate Classes of claimants
whose Claims are to be addressed by the Liquidating Trustee, and each of these
Classes which is entitled to vote has voted, by more that one-half in number and
two-thirds in amount of those voting, in favor of the Plan;
K. Except to the extent that the holder of a particular Claim has
agreed to a different treatment of such Claim, the Plan complies with the
provisions of Section 1129(a)(9) of the
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CASE NO: 00-12731-BKC-RAM
Bankruptcy Code;
L. Interest holders in Class 8 of the Plan are receiving no money or
Property under the Plan and are deemed to have rejected the Plan. Such Interest
are being extinguished under the Plan.
M. All fees payable under 28 U.S.C.ss.1930 either have been paid or
will be paid as required by law;
N. All applicable provisions of Section 1129 of the Bankruptcy Code
have been satisfied. The Plan does not discriminate unfairly, and is fair and
equitable, with respect to each class of claims or interests that is impaired
under, and has not accepted, the Plan. No class junior to Class 7 will receive
or retain any property under the Plan;
O. Confirmation of the Plan is not likely to be followed by the further
liquidation, or the need for further financial reorganization of the Debtor or
any successor to the Debtor under the Plan;
P. Europa is acquiring the European Assets as a purchaser in good faith
for value;
Q. Pursuant to the Court's order dated June 14, 2000, the Court
established procedures for placing bids for the European Assets. A bid complying
with such order was received from Actebis Holding GmbH, and bids not complying
with such order were received from (1) Baltic Holding Oy and (2) TH Systems
Czechia. The Court has considered all of the competing bids, as the same were
amended before or at the hearing on confirmation of the Plan (including those
complying and not complying with the competing transaction order) and determines
the Europa Stock Purchase Agreement (as revised pursuant to the Plan
modifications)
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CASE NO: 00-12731-BKC-RAM
to be the highest and best bid and most beneficial to Creditors of the Debtor's
Estate.
NOW, THEREFORE, IT IS ORDERED THAT:
1. The findings of this Court set forth above shall constitute Findings
of Fact and the following shall be the Court's Conclusions of Law pursuant to
Bankruptcy Rule 7052, made applicable by Bankruptcy Rule 9014;
2. All objections to the confirmation of the Plan, to the extent not
withdrawn as set forth herein or on the record at the hearing, are hereby
expressly overruled. The Plan, a copy of which is annexed hereto, is in all
respects CONFIRMED pursuant to Section 1129 of the Bankruptcy Code, and, except
as modified hereby, all of its terms and provisions are hereby approved. In the
event of any conflict between the terms and provisions of the Plan and the terms
and provisions of this Confirmation Order, the terms and provisions of this
Confirmation Order shall control;
3. The Plan and this Confirmation Order are to be binding upon the
Debtor, the Liquidating Trustee, each Creditor and Interest holder whether or
not the Claim or interest of such Creditor or Interest Holder is impaired under
the Plan and whether or not such Creditor or Interest Holder has accepted the
Plan, every entity acquiring or receiving Property under the Plan, any party to
an executory contract or unexpired lease of the Debtor and each and every other
party in interest in this Case;
4. Europa is purchasing and shall, at the Closing of the Stock Purchase
Agreement, acquire the European Assets absolutely free and clear of clear of any
liens, claims, and interests to the full extent possible under Sections 105,
363, 1123, 1129 and 1141 of the Bankruptcy Code,
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CASE NO: 00-12731-BKC-RAM
but subject to the exceptions to the Debtor's title to the European Assets as
set forth in the Stock Purchase Agreement. On the Effective Date, the
Liquidating Trust shall be vested with all of the Excepted Assets absolutely
free and clear of clear of any liens, claims, and interests to the full extent
possible under Sections 105, 363, 1123, 1129 and 1141 of the Bankruptcy Code. As
of the Effective Date, all holders of Claims and Interests shall be permanently
enjoined from taking any of the following actions on account of their Claims or
Interests: (a) commencing or continuing in any manner any actions or other
proceedings against Europa or the Liquidating Trustee, or any of their
respective property, (b) enforcing, attaching, collecting or recovering in any
manner any judgment, award, decree or order against Europa or the Liquidating
Trustee or any of their respective property, or (c) creating, perfecting or
enforcing any lien or encumbrance against Europa or the Liquidating Trustee or
any of their respective property;
5. On the Effective Date or as soon thereafter as practicable, the
Disbursing Agent shall distribute the Europa Senior Notes and the Europa Common
Stock to holders of Allowed Class 3 and Class 4 Claims. Solely for the purpose
of the Section 1145 of the Code (and for no other purpose) Europa is the
successor to the Debtor. Therefore, the securities Europa will issue under the
Plan (consisting of its Senior Notes and Common Stock) are entitled to the
benefit of Section 1145. To the full extent allowed by Section 1145, the
issuance and transfers of these Europa securities shall be exempt from
registration under Federal and State securities laws. The Europa Common Stock
issued to creditors under the Plan shall bear a legend on the back of each
certificate stating that the equity securities represented by the certificate
are restricted from resale except in compliance with the applicable rules of the
U.S. Securities and Exchange Commission
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CASE NO: 00-12731-BKC-RAM
or registration of the securities;
6. After the Confirmation Date, the Debtor shall make available to the
Liquidating Trustee or the Responsible Person, as the case may be, all books and
records of the Debtor and shall cooperate with the Liquidating Trustee, or the
Responsible Person as the case may be, in its administration of Excepted Assets
and the Liquidating Trust;
7. Subject to the provisions of Paragraph 13 regarding the segregation
of funds for use by the Debtor's management to consummate the Europa
transaction, on the Confirmation Date, the Debtor shall turn over possession and
control of the Excepted Assets to the Responsible Person, who on the Effective
Date shall become the Liquidating Trustee under the Liquidating Trust. Upon the
Effective Date, pursuant to the Plan and this Order, the Excepted Assets shall
be deemed transferred and contributed to the Liquidating Trust;
8. Notwithstanding any provision of the Plan to the contrary,
confirmation of the Plan shall not release or otherwise affect claims of
creditors held directly against any third party;
9. In accordance with Section 1146(c) of the Bankruptcy Code, the
issuance, transfer, or exchange of any security or payment, including the
issuance of any promissory note, mortgage or secondary agreement, under the Plan
shall not be taxed under any state or local law imposing a transfer, document
re-stamp, intangible tax or similar tax;
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CASE NO: 00-12731-BKC-RAM
10. In accordance with the provisions of Article VI of the Plan, as of
the Effective Date, the Debtor shall be deemed to have rejected, in accordance
with Section 365 of the Bankruptcy Code, any and all executory contracts and
unexpired leases to which the Debtor is a party, except: (i) executory contracts
and unexpired leases that are the subject of separate motions to assume, to
assume and assign filed pursuant to Section 365 of the Bankruptcy Code by the
Debtor before the entry of this Order; (ii) executory contracts and unexpired
leases, including executory contracts and unexpired leases which were included
in Exhibit "D" of the Plan; (iii) executory contracts and unexpired leases that
were assumed or assigned under the Plan by Order of the Court that were entered
before the Effective Date; (iv) executory contracts and unexpired leases that
are or become the subject of a dispute over the amount or manner of cure and for
which the Debtor files a motion to reject based upon the existence of such
dispute; and (v) any agreement, obligation, security interest, transaction, or
similar undertaking that the Plan Proponent believes is not an executory
contract or unexpired lease and that is later determined by the Court to be an
executory contract or unexpired lease subject to assumption or rejection under
Section 365 of the Bankruptcy Code. The Plan Proponent believes that the option
referenced in Section 6.2 of the Europa Stock Purchase Agreement is not an
executory contract. Any Order entered post-Confirmation Date by the Court, after
notice and a hearing, authorizing the rejection of an executory contract or
unexpired lease shall cause such rejection to be a pre-Petition Date breach
under Sections 365(g) and 502(g) of the Bankruptcy Code, as if such relief and
such Order were entered pre-Confirmation. All Creditors which hold a Claim based
upon the rejection of an executory contract or unexpired lease as provided
herein shall have thirty (30) days from the later
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CASE NO: 00-12731-BKC-RAM
of the date of this Confirmation Order or other Order entered by the Court
thereafter authorizing the rejection of an executory contract or unexpired lease
by which to file a proof of Claim for such damages, if any;
11. The Court hereby retains jurisdiction of this Case for all purposes
until the Effective Date. From and after the Effective Date, the Court hereby
retains jurisdiction: (a) pursuant to and for the purposes of Section 105(a) and
1127 of the Bankruptcy Code; (b) for such other purposes as may be necessary or
useful to aid the Confirmation, consummation, and implementation of the Plan;
(c) to determine all matters remanded to the Court for further proceedings; (d)
to enforce the provisions of the Plan and to correct any defect, cure any
omission, or reconcile any inconsistency in the Plan or the Order Confirming the
Plan; (e) to determine any and all adversary proceedings and contested matters
and motions which are pending or are to be commenced; and (g) as set forth
further in Article XII of the Plan, the provisions of which Article are
incorporated herein by reference until there is substantial consummation of the
Plan;
12. Keith F. Cooper is hereby named Liquidating Trustee. Pursuant to
the Plan, the Liquidating Trustee shall serve as the Responsible Person until
the Effective Date. The Responsible Person is named as disbursing agent without
additional compensation, the bond is waived and the disbursing agent is directed
to cause all payments to be made pursuant to the terms of the Plan;
13. The Debtor, through its Acting Chief Financial Officer and/or
Assistant Treasurer,
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CASE NO: 00-12731-BKC-RAM
is authorized and empowered to take all actions and perform all acts reasonably
necessary to effectuate the consummation and implementation of sale of the
European Assets to Europa (including but not limited to the right to assign the
option referenced in Section 6.2 of the Europa Stock Purchase Agreement into a
wholly owned subsidiary of the Debtor that is among the European Assets) and the
Plan. In order to facilitate the consummation of the Europa transaction, the sum
of $350,000 from the Excepted Assets shall be segregated in an account
maintained and controlled by the Debtor's management, unless otherwise ordered
by the Court. The Debtor's management shall provide on or before the 10th day of
each month, an accounting of the expenditures of any such funds in the prior
month to the Responsible Person. The aforementioned segregated funds may be used
by the Debtor's management only to pay expenses, including the fees and costs of
legal and other advisors, related and necessary to the consummation of the
Europa transaction and the payment of Management Stay Bonus' (in accordance with
prior orders of the court). In the event the Debtor's management requires
additional funds to consummate the Europa transaction, the Debtor's management
may seek additional funds from the Responsible Person. If the Responsible Person
refuses to make additional funds available the Debtor's management may seek the
entry of an order from the court directing the Responsible Person to make
additional funds available. The Debtor or the Responsible Person (and their
respective agents), as the case may be, is hereby authorized, empowered and
ordered to issue, execute, deliver, file and record any documents, court papers
or pleadings, and to take any actions, that are necessary or desirable to
implement, effectuate, and consummate the transactions contemplated by the Plan,
whether or not specifically referred to
12
CASE NO: 00-12731-BKC-RAM
therein and without further application or order of this Court, and in each case
with like effect as if exercised and taken by unanimous action of the directors
and shareholders of the Debtor as may be necessary to cause the same to be
effective under state law;
14. The Plan Proponent or its Counsel shall serve a copy of this Order
(without its attachments), as provided in Bankruptcy Rule 2002(f)(8) to all
known Creditors of the Debtor as of the date hereof within ten (10) days from
the date of this Order;
15. The Plan Proponent shall pay the United States Trustee the
appropriate sum required pursuant to 28 U.S.C. Section 1930(a)(6) within ten
(10) days of the entry of Order confirming the Plan for pre-Confirmation periods
and simultaneously provide to the United States Trustee an appropriate affidavit
indicating the cash disbursements for the relevant period. The Debtor, the
Responsible Person and the Liquidating Trustee, as the case may be shall further
pay the United States Trustee the appropriate sum required pursuant to 28 U.S.C.
Section 1930(a)(6), based upon all post-Confirmation disbursements made by the
Debtor, until the earlier of the closing of this case by the issuance of a Final
Decree by the Court, or upon the entry of an Order by the Bankruptcy Court
dismissing this case or converting this case to another chapter under the
Bankruptcy Code, and Debtor shall provide to the United States Trustee, upon the
payment of each post-Confirmation payment an appropriate affidavit indicating
all the cash disbursements for the relevant period; and
16. The Post Confirmation Creditors' Committee shall be comprise of two
representatives from Class 4, Seagate Technology Inc., and Hewlett-Packard
Company, and one representative from Class 3, Alliance Capital Management, L.P.
In the event any of the foregoing
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CASE NO: 00-12731-BKC-RAM
becomes unwilling or unable to serve as a member of the Post Confirmation
Creditors' Committee, then the Liquidating Trustee shall poll the creditors from
the Class whose representative becomes unwilling or unable to continue to serve,
and a replacement shall be selected based on a majority of votes cast by members
of the solicited class;
17. The Liquidating Trust may be amended by a majority of the members
of the Post Confirmation Creditors' Committee; provided, however, any amendments
which would materially and adversely effect the interests of the Class 3
Creditors must be unanimously approved by the Post Confirmation Creditors'
Committee;
18. The representatives to the Board of Directors of Europa from each
of Class 3 and Class 4 shall be selected by the member(s) of the Post
Confirmation Creditors' Committee from each respective Class;
19. Notwithstanding any conflicting or inconsistent provisions of this
Order or the Plan, the Liquidating Trust shall retain all Claims and Causes of
Action (including without limited to the Retained Actions, as defined in the
Plan) against all Creditors and third parties that are held by the Debtor or the
Holder of any Claim or Equity Interest, except to the extent that a Creditor or
other third party has been specifically released from any Claims or Causes of
Action that the Debtor's Estate may have by terms of the Plan or by another
order of this Court. Moreover, neither a vote to accept the Plan by any Creditor
nor the entry of this Confirmation Order will result in the waiver or release of
any of the Debtor's Estate's Claims or Causes of Action (including without
limited to the Retained Actions, as defined in the Plan) against any such
Creditor or third party. Confirmation of the Plan and entry of this Confirmation
Order is not
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CASE NO: 00-12731-BKC-RAM
intended to and shall not have or be deemed to have any res judicata or other
effect which would preclude or inhibit prosecution of such Claims following
confirmation of the Plan. The Retained Actions include, without limitation, all
Causes of Action described in Exhibit C to the Plan and in Section H of the
Second Amended Disclosure Statement, including those avoidable transfers
described in Section I of the Second Amended Disclosure Statement, and without
limiting the forgoing, claims against underwriters involved in the issuance and
sale of the Debtor's securities before its bankruptcy and Microsoft. To the
extent that transfer of the claim from the Debtor to the Liquidating Trust would
inhibit or preclude the prosecution of the claim, the Liquidating Trust shall be
deemed the representative of the estate within the meaning of ss.1123 (b)(3)(b).
The intent of the Plan is to transfer all of the authority, rights, powers and
duties previously vested with the Debtor to the Liquidating Trust. This transfer
includes the transfer of any and all privileges that were likewise vested with
the Debtor, including, without limitation, all attorney-client and work product
privileges;
20. Therefore, any and all privileges that were previously vested with
the Debtor, including, without limitation all attorney-client and work-product
privilege, as of the Effective Date will be property of the Trust and the
Liquidating Trustee has the power to assert and/or waive said privileges;
21. Any and all professionals and/or individuals, including, without
limitation, accountants and attorneys, who at any time represented and/or were
retained or otherwise employed by the Debtor are directed to communicate with
the Liquidating Trustee, produce
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CASE NO: 00-12731-BKC-RAM
documents requested by the Liquidating Trustee and respond to inquiries from the
Trustee;
22. The form and substance of the Stock Purchase Agreement with Europa
and the transactions contemplated thereby are hereby approved in all respects.
After the date of entry of the Confirmation Order, the Debtor and Europa, with
the unanimous written consent of the Post-Confirmation Creditors' Committee, may
modify or amend the Stock Purchase Agreement, and all related, collateral or
closing documents, as contemplated by the Stock Purchase Agreement and as they
may deem necessary to consummate the Closing thereunder without further Court
approval; provided, however, that no such modification or amendment shall change
the treatment proposed to any Class of Claims, Creditors, or Equity Interests
under the Plan. The Debtor is authorized and directed to execute, deliver and
perform all agreements, documents and acts necessary or appropriate to evidence
or consummate the foregoing;
23. Section 8.4 of the Plan is amended to delete therefrom all
provisions of such Section except the first sentence thereof;
24. Pursuant to the Plan, from and after the Confirmation Date, the
Committees shall be dissolved and the Post-Confirmation Creditors' Committee
shall be constituted;
25. Section 1129 (a) 13 does not apply to this case;
26. Pursuant to Section 1141, the Debtor shall not receive a discharge;
27. This Order shall be deemed to modify or amend the Plan as expressly
provided herein.
28. Nothing in the Plan or Liquidating Trust Agreement shall be
construed to affect
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CASE NO: 00-12731-BKC-RAM
any Post Confirmation liability of the Liquidating Trustee and his agents under
the Internal Revenue Code.
ORDERED in the Southern District of Florida this 26th day of July,
2000.
/S/ ROBERT A. MARK
--------------------------------
Chief Judge Robert A. Mark
United States Bankruptcy Court
Copy to:
Thomas R. Lehman, P.A.
(Mr. Lehman is directed to serve a conformed copy of this Order (without the
Plan) as directed herein and file a certificate of service in the Court file
evidencing such service.) Any party wishing to obtain a copy of the Plan may do
so by contacting counsel for the Debtor.
17
Dates Referenced Herein and Documents Incorporated by Reference
| Referenced-On Page |
|---|
| This ‘8-K’ Filing | | Date | | First | | Last | | | Other Filings |
|---|
| |  |
| Filed on: | | 8/9/00 | | | | | | | None on these Dates |
| For Period End: | | 7/26/00 | | 3 |
| | 7/25/00 | | 1 | | 4 |
| | 7/21/00 | | 2 |
| | 7/20/00 | | 1 |
| | 6/29/00 | | 1 | | 2 |
| | 6/28/00 | | 1 |
| | 6/26/00 | | 1 |
| | 6/14/00 | | 6 |
| List all Filings |
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