1 2 3 4 5 6 7 UNITED STATES BANKRUPTCY COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 CENTRAL DISTRICT OF CALIFORNIA APPROVED FORM FOR PRODUCING A 22 23 CHAPTER 11 PLAN 24 25 26 27 28 Revised August 2005 F 3018-1 1 2 3 NAME OF ATTORNEY - State Bar No. NAME OF ATTORNEY - State Bar No. NAME OF LAW FIRM Address City, State Zip Code Telephone ( ) - 4 Attorneys for 5 6 7 UNITED STATES BANKRUPTCY COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 In re Bk. No. NAME OF DEBTOR, In a Case Under Chapter 11 of the Bankruptcy Code (11 U.S.C. § 1101 et seq.) 11 Debtor 12 1 13 - CHAPTER 11 - 2 PLAN Disclosure Statement Hearing3 14 Date: Time: Ctrm: 15 16 17 {Insert Courtroom #} {Insert Full Court Address Here} Plan Confirmation Hearing See Disclosure Statement for Voting and Objecting Procedures Date: Time: Ctrm: {Insert Courtroom #} {Insert Full Court Address Here} 18 19 20 21 22 23 24 25 26 27 28 Revised August 2005 F 3018-1 1 TABLE OF CONTENTS 2 I. INTRODUCTION 3 II. CLASSIFICATION AND TREATMENT OF CLAIMS AND INTERESTS A. General Overview . . . . . . . . . . . . . . . . B. Unclassified Claims . . . . . . . . . . . . . . 1. Administrative Expenses . . . . . . . . . . 2. Priority Tax Claims . . . . . . . . . . . . C. Classified Claims and Interests . . . . . . . . 1. Classes of Secured Claims . . . . . . . . . 2. Classes of Priority Unsecured Claims . . . 3. Class of General Unsecured Claims . . . . . 4. Class(es) of Interest Holders . . . . . . . D. Means of Performing the Plan . . . . . . . . . . 1. Funding for the Plan . . . . . . . . . . . 2. Post-Confirmation Management . . . . . . . 3. Disbursing Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . 1 1 1 2 2 3 3 4 5 5 6 6 6 6 III. TREATMENT OF MISCELLANEOUS ITEMS . . . . . . . . . . . A. Executory Contracts and Unexpired Leases . . . . . 1. Assumptions . . . . . . . . . . . . . . . . . 2. Rejections . . . . . . . . . . . . . . . . . B. Changes in Rates Subject to Regulatory Commission Approval . . . . . . . . . . . . . . . . . . . . . C. Retention of Jurisdiction . . . . . . . . . . . . 6 6 6 7 IV. . . . . . . . . 8 8 8 8 9 9 9 9 EXHIBIT A - UNEXPIRED LEASES TO BE ASSUMED . . . . . . EXHIBIT B - EXECUTORY CONTRACTS TO BE ASSUMED . . . . . 11 12 4 5 6 7 8 9 10 11 12 13 8 8 14 15 16 17 18 19 EFFECT OF CONFIRMATION OF PLAN . . . . . . A. Discharge . . . . . . . . . . . . . . B. Revesting of Property in the Debtor . C. Modification of Plan . . . . . . . . . D. Post-Confirmation Status Report . . . E. Quarterly Fees . . . . . . . . . . . . F. Post-Confirmation Conversion/Dismissal G. Final Decree . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 22 23 24 25 26 27 28 Revised August 2005 i F 3018-1 1 I. 2 INTRODUCTION 4 3 4 5 On 7 5 is the Debtor in a Chapter 11 bankruptcy case. 6 , commenced a bankruptcy case by filing Chapter 11 petition under the United States Bankruptcy 6 Code (“Bankruptcy Code”), 11 U.S.C. § 101 et seq. This document 7 is the Chapter 11 Plan (“Plan”) proposed by 8 Proponent”). 9 is the Disclosure Statement which has been approved by the Court, 10 8 (“Plan Sent to you in the same envelope as this document and which is provided to help you understand the Plan. 11 This is a 9 plan. In other words, the Proponent 12 13 Effective Date of the proposed Plan is 10 seeks to accomplish payments under the Plan by 11 . The . 14 II. 15 CLASSIFICATION AND TREATMENT OF CLAIMS AND INTERESTS 16 A. General Overview 17 As required by the Bankruptcy Code, the Plan classifies 18 claims and interests in various classes according to their right 19 to priority of payments as provided in the Bankruptcy Code. 20 Plan states whether each class of claims or interests is impaired 21 or unimpaired. 22 receive under the Plan. 23 B. 24 The The Plan provides the treatment each class will Unclassified Claims Certain types of claims are not placed into voting classes; 25 instead they are unclassified. They are not considered impaired 26 and they do not vote on the Plan because they are automatically 27 entitled to specific treatment provided for them in the 28 Bankruptcy Code. As such, the Proponent has not placed the 1 Revised August 2005 F 3018-1 1 following claims in a class. 2 provided below. The treatment of these claims is 3 1. 4 Administrative expenses are claims for costs or expenses of Administrative Expenses 5 administering the Debtor’s Chapter 11 case which are allowed 6 under Code Section 507(a)(1). 7 administrative claims be paid on the Effective Date of the Plan, 8 unless a particular claimant agrees to a different treatment.12 9 The following chart lists all of the Debtor’s § 507(a)(1) 10 The Code requires that all administrative claims and their treatment under this Plan.13 11 Name Amount Owed Treatment 12 13 Clerk’s Office Fees Paid in full on Effective Date 14 Office of the U.S. Trustee Fees Paid in full on Effective Date 15 TOTAL 16 Court Approval of Fees Required: 17 The Court must approve all professional fees listed in this 18 chart. For all fees except Clerk’s Office fees and U.S. Trustee’s 19 fees, the professional in question must file and serve a properly 20 noticed fee application and the Court must rule on the 21 application. 22 be required to be paid under this Plan. Only the amount of fees allowed by the Court will 23 2. Priority Tax Claims 24 Priority tax claims are certain unsecured income, employment 25 and other taxes described by Code Section 507(a)(8)14. 26 requires that each holder of such a 507(a)(8) priority tax claim 27 receive the present value of such claim in deferred cash 28 payments, over a period not exceeding six years form the date of 2 Revised August 2005 F 3018-1 The Code 1 the assessment of such tax. 2 The following chart lists all of the Debtor’s Section 3 507(a)(8)15 priority tax claims and their treatment under this 4 Plan. 5 Description 6 Type of tax = 8 Pymt interval 17 Pymt amt/interval 18 Begin date 19 End date 20 Interest Rate % 21 Name = 7 Treatment16 Amount Owed Date tax assessed = 9 Total Payout Amount 22 = = = = = =$ % 10 Name = Pymt interval Pymt amt/interval Begin date End date Interest Rate % Total Payout Amount % 11 Type of tax = 12 Date tax assessed = 13 14 C. = = = = = =$ Classified Claims and Interests 15 1. 16 Secured claims are claims secured by liens on property of Classes of Secured Claims 17 the estate. The following chart lists all classes containing 18 Debtor’s secured pre-petition claims and their treatment under 19 this Plan23: 20 21 22 23 24 25 26 27 28 Revised August 2005 3 F 3018-1 1 CLASS# DESCRIPTION 2 INSIDERS (Y/N) 23a. Secured claim of: 3 Collateral description = 5 Collateral value = 6 Priority of security int. = 7 = = = = = = = $ = = = = = = = = $ = Pre-pet. arrearage amount = 9 Pymt interval Pymt amt/interval 24 Balloon pymt Begin date End date Interest rate % 24a Total payout % Treatment of Lien Principal owed = 8 TREATMENT Pymt interval Pymt amt/interval Balloon pymt Begin date End date Interest rate % Total payout % Treatment of Lien Name = 4 IMPAIRED (Y/N) Post-pet. arrearage amount = Total claim amount = 10 Secured claim of: 11 Name = 12 Collateral description = 13 Collateral value = 14 Priority of security int. = Principal owed = 15 16 Pre-pet. arrearage amount = 17 Post-pet. arrearage amount = Total claim amount = 18 19 2. 20 Certain priority claims that are referred to in Code 21 Classes of Priority Unsecured Claims Sections 507(a)(3), (4), (5), (6), and (7)25 are required to be 22 placed in classes. These types of claims are entitled to priority 23 treatment as follows: the Code requires that each holder of such 24 a claim receive cash on the Effective Date equal to the allowed 25 amount of such claim. 26 claim holders may vote to accept deferred cash payments of a 27 value, as of the Effective Date, equal to the allowed amount of 28 such claims. Revised August 2005 However, a class of unsecured priority 4 F 3018-1 1 The following chart lists all classes containing Debtor’s 2 507(a)(3), (4), (5), (6), and (7)26 priority unsecured claims 3 and their treatment under this Plan27 : 4 CLASS# 5 Priority unsecured claim pursuant 28 to 6 13 14 Paid in full in cash on Effective Date Total amt of claims = 32 9 12 Paid in full in cash 30 on Effective Date Priority unsecured claim pursuant 31 to 8 11 TREATMENT Total 29 of claims = amt 7 10 IMPAIRED (Y/N) DESCRIPTION 3. Class of General Unsecured Claims General unsecured claims are unsecured claims not entitled to priority under Code Section 507(a). The following chart identifies this Plan’s treatment of the class containing all of Debtor’s general unsecured claims: 15 16 CLASS# General unsecured claims 17 18 21 33 TREATMENT Pymt interval Pymt amt/interval Begin date End date Interest rate % 33a Total payout Total amt of claims = 19 20 IMPAIRED (Y/N) DESCRIPTION % = = = = = = $ 33b. 33c. 22 4. Class(es) of Interest Holders 23 Interest holders are the parties who hold ownership interest 24 (i.e., equity interest) in the Debtor. 25 corporation, entities holding preferred or common stock in the 26 Debtor are interest holders. 27 interest holders include both general and limited partners. 28 the Debtor is an individual, the Debtor is the interest holder. Revised August 2005 If the Debtor is a If the Debtor is a partnership, the 5 If F 3018-1 1 The following chart identifies this Plan’s treatment of the 2 class34 of interest holders: 3 CLASS # DESCRIPTION 4 6 35 Interest holders 5 D. TREATMENT IMPAIRED (Y/N) Means of Performing the Plan 7 1. 8 The Plan will be funded by the following: 9 2. Post-confirmation Management 10 3. Disbursing Agent Funding for the Plan 38 36 . 37 shall act as the 11 disbursing agent for the purpose of making all distributions 12 provided for under the Plan. 13 14 39 The Disbursing Agent shall serve bond and shall receive 40 for distribution services rendered and expenses incurred pursuant to the Plan.41 15 III. 16 TREATMENT OF MISCELLANEOUS ITEMS 17 A. Executory Contracts and Unexpired Leases 18 1. 19 The following are the unexpired leases and executory Assumptions 20 contracts to be assumed as obligations of the reorganized Debtor 21 under this Plan (see Exhibit A for more detailed information on 22 unexpired leases to be assumed and Exhibit B for more detailed 23 information on executory contracts to be assumed): 42 24 On the Effective Date, each of the unexpired leases and 25 executory contracts listed above shall be assumed as obligations 26 of the reorganized Debtor. 27 Plan shall constitute an Order approving the assumption of each The Order of the Court confirming the 28 Revised August 2005 6 F 3018-1 1 lease and contract listed above. 2 or contract to be assumed and you object to the assumption of 3 your lease or contract, you must file and serve your objection to 4 the Plan within the deadline for objecting to the confirmation of 5 the Plan. See Section {I.B.3.} of the Disclosure Statement 6 describing this Plan for the specific date. If you are a party to a lease 7 2. 8 On the Effective Date, the following executory contracts and 9 Rejections unexpired leases will be rejected: 10 43 The order confirming the Plan shall constitute an order 11 approving the rejection of the lease or contract. 12 party to a contract or lease to be rejected and you object to the 13 rejection of your contract or lease, you must file and serve your 14 objection to the Plan within the deadline for objecting to the 15 confirmation of the Plan. 16 specific date. 17 If you are a See Disclosure Statement for the THE BAR DATE FOR FILING A PROOF OF CLAIM BASED ON A CLAIM 44 18 ARISING FROM THE REJECTION OF A LEASE OR CONTRACT IS 19 Any claim based on the rejection of an executory contract or 20 unexpired lease will be barred if the proof of claim is not 21 timely filed, unless the Court later orders otherwise. 22 B. 23 . Changes in Rates Subject to Regulatory Commission Approval This Debtor 45 subject to governmental regulatory 24 commission approval of its rates45a. 25 C. 26 27 Retention of Jurisdiction. The Court will retain jurisdiction to the extent provided by law.46 28 Revised August 2005 7 F 3018-1 1 IV. 2 EFFECT OF CONFIRMATION OF PLAN 3 A. 4 Discharge47 This Plan provides that upon 48 , Debtor shall be 5 discharged of liability for payment of debts incurred before 6 confirmation of the Plan, to the extent specified in 11 U.S.C.§ 7 1141. 8 discharged. 9 B. 10 However, any liability imposed by the Plan will not be Revesting of Property in the Debtor Except as provided in Section {IV.E.}, and except as 11 provided elsewhere in the Plan, the confirmation of the Plan 12 revests all of the property of the estate in the Debtor. 13 C. 14 Modification of Plan The Proponent of the Plan may modify the Plan at any time 15 before confirmation. 16 disclosure statement and/or revoting on the Plan if proponent 17 modifies the plan before confirmation. 18 However, the Court may require a new The Proponent of the Plan may also seek to modify the Plan 19 at any time after confirmation so long as (1) the Plan has not 20 been substantially consummated and (2) if the Court authorizes 21 the proposed modifications after notice and a hearing. 22 D. 23 Post-Confirmation Status Report Within 120 days of the entry of the order confirming the 24 Plan, Plan Proponent shall file a status report with the Court 25 explaining what progress has been made toward consummation of the 26 confirmed Plan. 27 States Trustee, the twenty largest unsecured creditors, and those 28 parties who have requested special notice. 8 Revised August 2005 The status report shall be served on the United Further status F 3018-1 1 reports shall be filed every 120 days and served on the same 2 entities. 3 E. 4 Quarterly Fees Quarterly fees accruing under 28 U.S.C. § 1930(a)(6) to date 5 of confirmation shall be paid to the United States Trustee on or 6 before the effective date of the plan. 7 under 28 U.S.C. § 1930(a)(6) after confirmation shall be paid to 8 the United States Trustee in accordance with 28 U.S.C. 9 § 1930(a)(6) until entry of a final decree, or entry of an order Quarterly fees accruing 10 of dismissal or conversion to chapter 7. 11 F. Post-Confirmation Conversion/Dismissal 12 A creditor or party in interest may bring a motion to 13 convert or dismiss the case under § 1112(b), after the Plan is 14 confirmed, if there is a default in performing the Plan. 15 Court orders the case converted to Chapter 7 after the Plan is 16 confirmed, then all property that had been property of the 17 Chapter 11 estate, and that has not been disbursed pursuant to 18 the Plan, will revest in the Chapter 7 estate, and the automatic 19 stay will be reimposed upon the revested property only to the 20 extent that relief from stay was not previously granted by the 21 Court during this case. 22 G. 23 If the Final Decree Once the estate has been fully administered as referred to 24 in Bankruptcy Rule 3022, the Plan Proponent, or other party as 25 the Court shall designate in the Plan Confirmation Order, shall 26 file a motion with the Court to obtain a final decree to close 27 the case. 28 Date: Revised August 2005 9 F 3018-1 1 2 Signature of Party (optional unless party is pro se) 3 4 Name of Plan Proponent 5 Signature of Attorney for Plan Proponent 6 7 Name of Attorney for Plan Proponent 8 Name of Law Firm for Plan Proponent 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Revised August 2005 10 F 3018-1 EXHIBIT A - UNEXPIRED LEASES TO BE ASSUMED LEASES Description = 1 ARREARS/DMGS Default amt = 2 Actual pecuniary loss = METHODS OF CURE Method of curing default & loss = Lessor’s name = Means of assuring 3 future performance = Lessee’s name = Expiration date = Description = Default amt = Actual pecuniary loss = Method of curing default & loss = Lessor’s name = Means of assuring future performance = Lessee’s name = Expiration date = Description = Default amt = Actual pecuniary loss = Method of curing default & loss = Lessor’s name = Means of assuring future performance = Lessee’s name = Expiration date = Revised August 2005 11 F 3018-1 EXHIBIT B - EXECUTORY CONTRACTS TO BE ASSUMED CONTRACT DEFAULT/DMGS Contract description = Default amt = Contracting parties = 1. 2. Actual pecuniary loss = Contract description = Default amt = Contracting parties = 1. 2. Actual pecuniary loss = Contract description = Default amt = Contracting parties = 1. 2. METHODS OF CURE Actual pecuniary loss = Revised August 2005 Method of curing default & loss = Means of assuring performance = Method of curing default & loss = Means of assuring performance = Method of curing default & loss = Means of assuring performance = 12 F 3018-1 CROSS REFERENCE KEY I. Overview to Cross Reference Key This Chapter 11 Plan is a “fill in the blank form.” The user only fills in the blanks. DO NOT CHANGE THE LANGUAGE IN THE REST OF THE FORM, EXCEPT IN THE FEW PLACES WHERE THE INSTRUCTIONS EXPRESSLY TELL YOU THAT YOU MAY OMIT A SENTENCE OR CLASS IF IT IS NOT NEEDED FOR YOUR CASE. As you read this Form, you will notice blanks with numbers in them, and also numbers at the end of certain sentences or phrases. * Here is an example of a blank with a number: 1 * Here is an example of a sentence with a number: This is an example.2 These numbers refer to the numbered instructions in this “Cross Reference Key.” When you encounter one of these numbers, in the form itself, you need to refer to the “Cross Reference Key,” and read the applicable numbered instruction. In our examples above, instructions number 1 and 2 would be applicable instructions. Follow the instructions to fill in the needed information. a. Why the Instructions in this Cross Reference Key are in Two Different Types of Print When you read the numbered instructions in the “Cross Reference Key” you will see that these instructions are printed in two different types of print, Courier New 12 pt. and Helvetica 10 pt. Instructions in Courier New 12 pt. font (the font you are currently reading), mean that you are to simply provide the information requested in the endnote and insert it in the corresponding blank. For example, if instruction number 1 states “Debtor’s name”, then you should insert the Debtor’s name in blank number 1. Instructions in Helvetica 10 pt. font may contain explanations on how to use the disclosure statement form, explanations of the law, or examples of what should be inserted in a particular blank. Read and follow these instructions also. Revised August 2005 Key Page #1 F 3018-1 II. Key Notes 1 through 48 1. Name of party proposing the Plan (e.g. Debtor’s, Creditor Committee’s, etc.) 2. Put which version of the Plan this is, i.e., Original, First Amended, Second Amended, etc. Do not use the term “modified” when describing Plans subsequent to the Original Plan unless the Court directs you to do so. 3. Delete Disclosure Statement Hearing information when the Disclosure Statement has been approved and the upcoming hearing is the Plan Confirmation hearing. 4. Debtor’s name. 5. Petition date. 6. Insert the applicable information, depending on who filed the petition: Debtor’s name (a) (b) Names of the petitioning creditors 7. Insert one of the following: (a) a voluntary (b) an involuntary 8. Plan proponent’s name. 9. Insert the applicable phrases: (a) liquidating (b) reorganizing (c) combined liquidating and reorganizing 10. Provide a brief summary of how Proponent proposes to fund the Plan. 11. Effective date of the Plan. 12. Holders of administrative expenses under § 507(b) are paid before other administrative expenses. If any such expenses must be paid, so state. 13. For each chart, add more rows to the tables as necessary. 14. Denominated as Section 507(a)(7) for bankruptcy cases filed before October 22, 1994. 15. Denominated as Section 507(a)(7) for bankruptcy cases filed before October 22, 1994. 16. Section 507(a)(7) priority tax claims must be fully paid within 6 years from the date of assessment. 17. Identify the proposed payment interval (e.g., monthly, quarterly, yearly). 18. Amount of payments per payment interval. 19. The date Plan payments will commence. Revised August 2005 Key Page #2 F 3018-1 20. The date Plan payments will end. 21. The interest rate paid to a Section 507 (a)(7) priority tax claimant should be consistent with the rate provided by 26 U.S.C. § 6621. 22. Total percentage of claim proposed to be paid to claimant over the life of the Plan plus total dollar amount to be paid to the claimant over life of the plan. 23. Each secured claim should be placed in a separate class, unless the secured claims have identical collateral, priority, and terms of indebtedness. Begin numbering the classes with the number “1". The subsequent class should be numbered with the number “2". Do not use subclass, e.g., 1.1, 1.2, etc. 23a. If this class is Not Impaired, put the following in the box: “Not Impaired; claims in this class are not entitled to vote on Plan, class is deemed to have accepted Plan.” If this class is Impaired, put the following in the box: “Impaired; claims in this class are entitled to vote on the Plan”; unless this class is not retaining or receiving any value under the Plan. In this latter case only, put “Impaired, and claims in this class are deemed to have rejected Plan.” 24. Balloon payment amount, if any. 24a. Total percentage of claim proposed to be paid to claimant over the life of the plan plus total dollar amount to be paid to claimant over life of plan. 25. Omit reference to 507(a)(7) (alimony/child support priority) if case was filed before October 22, 1994 because priority would not exist for cases filed before that date. 26. Omit reference to 507(a)(7) (alimony/child support priority) if case was filed before October 22, 1994 because priority would not exist for cases filed before that date. 27. Each of the four categories of priority unsecured claims should be placed in a separate class. A separate class is not necessary for a particular category of priority unsecured claims if no claim exist in that category. 28. Insert one of the following: (a) 11 U.S.C. § (b) 11 U.S.C. § (c) 11 U.S.C. § (d) 11 U.S.C. § 29. 507(a)(3) 507(a)(4) 507(a)(5) 507(a)(6) Total amount of claims in this class. Revised August 2005 Key Page #3 F 3018-1 30. If the Plan does not provide for cash payment in full on Effective Date, Plan Proponent must be able to prove that this class has accepted deferred payments pursuant to 11 U.S.C § 1129(a)(9) before the Plan can be confirmed. 31. Insert one of the following: (a) (b) (c) (d) 11 11 11 11 U.S.C. U.S.C. U.S.C. U.S.C. § § § § 507(a)(3) 507(a)(4) 507(a)(5) 507(a)(6) 32. Total amount of claims in this class. 33. If this class is Not Impaired, put the following in the box: “Not Impaired; claims in this class are not entitled to vote on Plan, class is deemed to have accepted Plan.” If this class is Impaired, put the following in the box:“Impaired; claims in this class are entitled to vote on the Plan”; unless this class is not retaining or receiving any value under the Plan. In this latter case only, put “Impaired, and claims in this class are deemed to have rejected Plan.” 33a. Total percentage of claim proposed to be paid to claimant over the life of the Plan plus total dollar amount to be paid to claimant over life of the plan. 33b. If you have a convenience class allowed under 1122(b), then add as an additional unsecured class here, and at page 5, line 17 of the Plan form: “, except general unsecured claims placed in the convenience class described hereafter.” 33c. If you have an additional general unsecured class(es), add each here, with a separate class number. The norm is to have a single general unsecured class, or where appropriate, to have a general unsecured class plus a convenience general unsecured class (as described in footnote 33a). However, there are a few limited circumstances where it is permissible to have additional general unsecured classes, primarily where one or more general unsecured creditors are agreeing to receive worse treatment than is being given to the rest of the general unsecured creditors, then the creditors agreeing to be treated worse can be placed in a separate general unsecured class. Do not use more than one general unsecured class unless you can justify doing so under applicable law. 34. If there is more than one class of equity holders (e.g., preferred stock and common stock), put each in a separate class and change “class” to “classes.” Revised August 2005 Key Page #4 F 3018-1 35. If this class is Not Impaired, put the following in the box: “Not Impaired; claims in this class are not entitled to vote on Plan, class is deemed to have accepted Plan.” If this class is Impaired, put the following in the box: “Impaired; claims in this class are entitled to vote on the Plan”; unless this class is not retaining or receiving any value under the Plan. In this latter case only, put “Impaired, and claims in this class are deemed to have rejected Plan.” 36. Describe the source of funding for this Plan. Be specific. 37. For each entity who will be involved in post-confirmation management, state or explain the following: (a) (b) (c) (d) Identity Post-confirmation managerial duties Amount of compensation paid pre-petition and to be paid post-confirmation Description of expertise 38. Name and identity of disbursing agent. 39. Select one: (a) with (b) without 40. Explain whether Disbursing Agent will be compensated or reimbursed for services and expenses rendered and incurred in connection with making distributions under the Plan. If Disbursing Agent will compensated or reimbursed, specify the exact amount and the interval of payment. NOTE: If disbursing agent will be compensated or reimbursed, be sure to account for these additional costs when evaluating feasibility of the Plan. 41. If the Disbursing Agent will be making distributions from a fund created under the Plan, the Plan and Disclosure Statement should provide that the fund will be maintained in a segregated interest- bearing account. 42. List the unexpired leases and executory contracts in sufficient detail to enable the reader to determine which Leases and contracts will be assumed. This list will enable a party to a lease or contract to quickly ascertain whether he or she needs to refer to Exhibit C or D. Exhibits C and D are intended to provide detailed information on each Lease or contract to be assumed so that the court and any party to a particular Lease or contract can decide whether assumption is proper and desirable. 43. List all executory contracts and unexpired Leases to be rejected in sufficient detail to enable a reader to quickly ascertain whether any particular Lease or contract will be rejected. 44. Deadline for filing proof of claim based on claim arising from rejection of contract or lease. (Note: Typically, this date will be 30 days from Effective Date.) Revised August 2005 Key Page #5 F 3018-1 45. Select one: (a) is (b) is not 45a. See 11 U.S.C. § 1129(a)(6). This section is only applicable if Debtor’s business is regulated by a governmental regulatory commission. Examples include certain transportation companies and public utility companies. If Debtor is not regulated by a governmental commission, insert an affirmative statement to that effect in the Disclosure Statement. If debtor is regulated, state this and Plan must comply with 11 U.S.C. § 1129(a)(6). 46. Do not change the language in this section unless the judge to whom your case is assigned has different or additional language that judge wishes to use in this section and directs you to insert that judge’s specific language. 47. NOTE: If the Debtor is not entitled to a discharge pursuant to 11 U.S.C. 1141(d), change this heading to “NO DISCHARGE.” Read and follow instruction #48. 48. Choose on of the following: (a) (b) (c) (d) confirmation of the Plan payment in full of proposed plan payments to the unsecured creditors substantial consummation of plan other. You must state what the other condition for or date of discharge is. Alternatively, if debtor does not meet the test of 11 U.S.C. 1141(d)(3) for getting a discharge, then the debtor is not entitled to any discharge, and the whole paragraph under “Discharge” must be omitted and replaced with: (e) Debtor will not receive any discharge in this case because debtor does not meet the test for receiving a discharge specified under 11 U.S.C. § 1141(d)(3). NOTE: More evidence regarding feasibility of the Plan may be required if the Plan Proponent seeks discharge upon Plan confirmation. Revised August 2005 Key Page #6 F 3018-1 Instructions Relating to Exhibits A & B 1. Description of leased property or asset, including address of real property, if applicable. 2. Actual pecuniary loss consists of damages other than lease payment default, if any. 3. Describe how the Debtor is assuring performance on the remaining obligation under the lease, e.g., addition of guarantor. Revised August 2005 Key Page #7 F 3018-1