COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : REQUIREMENTS FOR INFORMATION TOJUDICIAL SUBPOENA INCLUDE Plaintiff(s) IN THE COMBINED PLAN AND DISCLOSURE STATEMENT1 -against(Judge Rhodes) : : I. The Plan of Reorganization. II. A description of the debtor. Defendant(s) : : ...................................................... A. The debtor is: an individual (or, if a joint petition, a husband and wife); a partnership consisting of (identify the general partners and any limited partners, THE PEOPLE OF THE STATE percentage interest of each); a corporation and the OF NEW YORK (identify the state in which chartered, and the officers TO and directors). If the debtor is a corporation, state whether the debtor is reorganizing and continuing its business, or liquidating its assets and not continuing its business. GREETINGS: B. Describe the principals. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 1. Their background. , the Honorable at the Court 2. Their annual salary, compensation, draw or other located at County of remuneration, including fringe benefits. in room , on the day of , 20 , at o'clock in the noon, and at any recessed 3. Their legal relationships, if any, with the debtor, or adjourned date, to testify and give evidence as a witness in this action on the part of the e.g., lessor, lessee, creditor of the estate, debtor of the estate. a. If any such relationships exist, fully explain the details. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to relationship exists, the party on whose behalfb. subpoena a issued for a maximum penalty of $50 and all damages sustained as a this If was lessor-lessee result of your failure to comply. disclose the rental paid or received by the debtor and whether it is a fair rental. Witness, Honorable , one of the Justices of the Describe the debtor's business, its industry group and County, day of , 20 Court in C. the causes for the Chapter 11 filing. (Attorney must sign above and type name below) 1 This is an attachment to "Order Establishing Plan Deadline and Other Procedures." Attorney(s) for The disclosure statement shall provide required in the order and format listed herein. the information If any required information does not apply or is not Office and P.O. Address available, the disclosure statement shall so indicate explicitly. [Form Order Version as of May 6, 2002] 1 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : : III. Post-petition events of significance. Plaintiff(s) A. Index No. Calendar No. JUDICIAL SUBPOENA -against: Disclose all post-petition transfers outside the ordinary course of business. : : B. Provide summaries of the important details of cash Defendant(s) : and adequate . . . . . . . . . . . . . . .collateral, . . . .post-petition. . . . financing .............. ................ . protection orders. C. Explain any litigation during the case. THE PEOPLE OF THE STATE OF NEW YORK IV. Assets and Liabilities TO A. Provide a liquidation analysis, as set forth in the following hypothetical example: GREETINGS: Creditor Market Value Amount of Describe the Holding and Forced Secured and each CollateralWE COMMAND YOU, that all business and excuses being laid aside, youEquity of you attend before Lien Sale Value Claim Comments , the Honorable at the Court located at County of Equipment Hypothetical $500,000(M) 400,000 100,000(M) in room , on the day , 20 , at o'clock in the noon, and at any recessed National Bankof $200,000(FS) 0(FS) or adjourned date, to testify and give evidence as a witness in this action on the part of the Forklift A Seller Finance Company (1st) 15,000(M) 10,000(FS) 9,000 ------- Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Hypothetical -----------6,000(M) the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a National Bank (2nd) 0(FS) result of your failure to comply. Inventory Witness, Honorable Imaginary State Bank Court in County, Cash day of 300,000(M) 50,000(FS) , 20 450,000one of the Justices of theSecurity 0 , 0 interest disputed Imaginary State Bank Imaginary State Bank Accounts 20,000(M) 20,000(FS) see above 80,000(M) see above 0 20,000(FS) Attorney(s) for _________ Total equity if fair market value used = Total equity if forced sale value used = B. 0 Ditto (Attorney must sign above and type name below) 0 Ditto $106,000 $ 0 Office and P.O. Address State the risks, conditions and assumptions regarding the [Form Order Version as of May 6, 2002] 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. stated values. If appraisals : have been done, disclose JUDICIAL SUBPOENA Plaintiff(s) appraised values and the dates of the appraisals; -againstotherwise, state the basis of :the valuation (e.g., "SEV valuation.") : C. Identify all potential claims and causes of action, : including claims against insiders and avoidance actions. For each such cause of action, estimate the value of any Defendant(s) : . . . . . . . . . . . . . . .expected . . .recovery . . .and. . . the . . .expected costs of such .......... .......... ... .... litigation. (The anticipated net value of any litigation that the debtor intends to pursue should be included in the liquidation analysis contained in paragraph A above.) THE PEOPLE OF THE STATE OF NEW YORK If the debtor does not intend to pursue any such claims, state the reasons. TO D. GREETINGS: E. List and describe the priority claims including anticipated administrative expense claims of all types. Provide a total of all non-priority unsecured claims, including undersecured claims. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable If any debt is guaranteed by anyone or if anyone is at the Court F. located at County of liable with the debtor on any debt, identify: (1) the in room , on the , 20 o'clock and noon, of debt guarantor day ofcodebtor; (2), at or the nature in the amount and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the involved, (3) the collateral securing the debt or the guaranty, and (4) the value of such collateral. V. Details regarding implementation of a contempt of Your failure to comply with this subpoena is punishable asthe plan. court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a A. Provide meaningful summaries of financial information in result of your failure to comply. a consistent format for at least the following periods: 1. Three years pre-petition, if possible. Justices of the Witness, Honorable , one of the 2. Post-petition to date. Court in County, day of , 20 3. If the plan proposes that the company will continue in business, projections for the period of payment proposed by the plan (i.e. if the plan proposes (Attorney must sign above and type name below) payment even 3 years, submit projections for the following 3 years), together with assumptions underlying those projections. Attorney(s) for B. If the plan proposes that the business will continue, state who will be in charge and the compensation to be paid to each, including fringe benefits. C. State the tax ramifications for the continuing entity if Office and P.O. Address [Form Order Version as of May 6, 2002] 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : the plan is confirmed. Plaintiff(s) VI. Calendar No. : JUDICIAL SUBPOENA -against: Legal requirements, as follows: (The following 2 pages shall be copied verbatim into the : disclosure statement.) : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address [Form Order Version as of May 6, 2002] 4 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : A. Voting procedures Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA -against: Under the Bankruptcy Code, the only classes that are entitled to vote to accept or reject a plan are classes of claims, or equity interest, that are impaired under the plan. Accordingly, classes of claims or interests that are not impaired are not :entitled to vote on the plan. : Creditors that hold claims in more than one impaired class are entitled to vote separately in each class. Such a creditor will receive a separate ballot for all of its claims in each class (in Defendant(s) : . .accordance . . . . .the.records. of. the . . . . . .of. the. Court) .and .should complete and sign each ballot . . . . . . . . . . with . . . . . . . . . . . . Clerk . . . . . . . . . . . . separately. A creditor who asserts a claim in more than one class and who has not been provided with sufficient ballots may photocopy the ballot received and file multiple ballots. THE PEOPLE OF THE STATE OF NEW YORK Votes on the plan will be counted only with respect to claims: (a) that are listed on the Debtor's Schedules of Assets and Liabilities other than as disputed, contingent or unliquidated; TO or (b) for which a proof of claim was filed on or before the bar date set by the Court for the filing of proofs of claim (except for certain claims expressly excluded from that bar date or which are allowed by Court order). However, any vote by a holder of a claim will not be counted if such GREETINGS: claim has been disallowed or is the subject of an unresolved objection, absent an order of the Court allowing such claim for voting purposes pursuant to 11 U.S.C. § 502 and Bankruptcy Rule 3018. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County ofVoting on the plan by each holder of a claim or interest in an impaired class is important. in room , on the , 20 , at o'clock in the After carefully reviewing the day of disclosure statement, each holder of such a noon, andinterest plan and claim or at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the should vote on the enclosed ballot either to accept or to reject the plan, and then return the ballot by mail to the debtor's attorney by the deadline previously established by the court. Yourballot that does not appropriately indicate acceptance or rejection ofand will make not liable to Any failure to comply with this subpoena is punishable as a contempt of court the plan will you the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a be counted. result of your failure to comply. A ballot that is not received by the deadline will not be counted. Witness, Honorable , one of the Justices of the Court in If a ballot is damaged, lost, or missing, a replacement ballot may be obtained by sending County, day of , 20 a written request to the debtor's attorney. B. Acceptance (Attorney must sign above and type name below) The Bankruptcy Code defines acceptance of a plan by an impaired class of claims as acceptance by the holders of at least two-thirds in dollar amount, and more than one-half in Attorney(s) for number, of the claims of that class which actually cast ballots. The Bankruptcy Code defines acceptance of a plan by an impaired class of equity interests as acceptance by holders of at least two-thirds in number of the equity interests of that class that actually cast ballots. If no creditor or interest holder in an impaired class votes, then that class has not accepted the plan. Office and P.O. Address C. Confirmation [Form Order Version as of May 6, 2002] 5 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA 11 U.S.C. § 1129(a) establishes conditions for the confirmation of a plan. These conditions : are too numerous and -against- to be fully explained here. Parties are encouraged to seek detailed independent legal counsel to answer any questions concerning the Chapter 11 process. : Among the several conditions for confirmation of a plan under 11 U.S.C. § 1129(a) are : these: 1. Each class of impaired creditors and interest must accept the plan, as described in Defendant(s) : . . . . . . . . . . . . . . .paragraph .VI.B.,. above. . . . . . . . . . . . . . . . . . . ......... .... ...... 2. Either each holder of a claim or interest in a class must accept the plan, or the plan must provide at least as much value as would be received upon liquidation under Chapter 7 of OF NEW YORK THE PEOPLE OF THE STATE the Bankruptcy Code. D. TO Modification The debtor reserves the right to modify or withdraw the plan at any time before confirmation. GREETINGS: E. Effect of confirmation WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable plan is confirmed by the Court: at the Court If the located at County of1. Its terms are binding on the debtor, all creditors, shareholders and other parties in in room , on the day of 20 , at o'clock in the noon, and at any recessed interest, regardless of whether, they have accepted the plan. or adjourned date, to testify and give evidence as a witness in this action on the part of the 2. Except as provided in the plan: (a) In the case of a corporation that is reorganizing and continuing business: (1) All claims and interests will be discharged. Your failure to comply with this subpoena is punishablewillabe prohibited from asserting their liable to (2) Creditors and shareholders as contempt of court and will make you the party on whose behalf this subpoena was issued for a maximum penalty of $50assets. damages sustained as a claims against or interest in the debtor or its and all result of your failure to comply. case of a corporation that is liquidating and not continuing its (b) In the business: Witness, Honorable , one (1) Claims and interests will not be discharged.of the Justices of the (2) Creditors and shareholders will not be prohibited from asserting Court in County, day of , 20 their claims against or interests in the debtor or its assets. (c) In the case of an individual or husband and wife: (1) Claims will be discharged, (Attorney as provided and11 U.S.C. §§ 523 except must sign above in type name below) and 727(a). (2) Creditors will be prohibited from asserting their claims except as to those debts which are not Attorney(s) for dischargeable under 11 discharged or U.S.C. §§ 523 and 727(a). See Part II-A of this Disclosure Statement to determine which of the above paragraphs applies in this case. Office and P.O. Address [Form Order Version as of May 6, 2002] 6 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : UNITED STATES BANKRUPTCY COURT Calendar No. EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION : JUDICIAL SUBPOENA Plaintiff(s) -against- : IN RE: : Case No. Debtor. ______________________________/ Defendant(s) : Chapter 11 : ...................................................... ORDER GRANTING PRELIMINARY APPROVAL OF THE DISCLOSURE STATEMENT THE PEOPLE OF THE STATE OF NEW YORK filed a combined disclosure statement and On ________________, the debtor plan. The Court has reviewed the disclosure statement and has decided to grant it TO preliminary approval. ACCORDINGLY, IT IS ORDERED THAT the disclosure statement is granted preliminary approval, subject to any timely and proper objections filed pursuant to this Court's "Order Establishing Dates and Deadlines," previously entered. GREETINGS: IT IS FURTHER ORDERED that the debtor shall within 3 days arrange for WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before service by mail to creditors, equity security holders and other parties who have , the Honorable service, a copy of this Order ApprovingCourt at the requested Disclosure Statement, the located at and Disclosure Statement, and ballot. It is County of Combined Plan of Reorganization infurther ordered the room , on that the of day debtor shall useat an updated in the ofnoon, and at any recessed , 20 , o'clock copy the matrix, oravailable from testifyClerk. evidence as a witness infile with the part of the promptly as adjourned date, to the and give The debtor shall this action on the court as possible a Certificate of Service which shall set forth to whom notice has been given. Your deadline to return ballots on punishable as as well as to file will make you liable to The failure to comply with this subpoena is the plan, a contempt of court and objections the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a to final approval of the disclosure statement and objections to confirmation of result of your failure to comply. the plan, is [35 days after ¶ 1d]. The completed ballot form shall be returned by mail to the debtor's attorney: [Name, Address, City, State, Zip]. Witness, Honorable , one of the Justices of the The hearing on objections to final approval of the disclosure statement and Court in day of , [7 confirmation of County, the plan shall be held on 20 days after ¶ 1e] at 10:00 a.m., in Room 1825, 211 W. Fort Street, Detroit, Michigan. At the confirmation hearing, the debtor shall submit to type name below)for (Attorney must sign above and the Court filing a signed ballot summary indicating the ballot count under 11 U.S.C. § 1126(c) & (d). All original ballots shall be attached to this summary. ________________________ Attorney(s) for Entered: _______________ STEVEN W. RHODES U.S. Bankruptcy Judge Office and P.O. Address [Form Order Version as of May 6, 2002] Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com