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HomeMy WebLinkAbout20013335 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION cl IN RE: ) Case No. 01-52107-399 ) Case No. 01-52108-399 GALAXYTELECOM;'L.P, and GALAXY TELECOM CAPITAL CORP., ) Chapter 11 ) Debtors. ) Jointly Administered Under Case No. 01-52107-399 SPECIAL NOTICE OF HEARING TO CONSIDER CONFIRMATION OF PLAN OF REORGANIZATION, INCLUDING THE ASSUMPTION AND ASSIGNMENT OF EXECUTORY CONTRACTS AND UNEXPIRED LEASES PURSUANT TO SECTION 365 OF THE BANKRUPTCY CODE NOTICE IS HEREBY GIVEN as follows: 1. On October 31, 2001(the "Petition Date"), Galaxy Telecom, L.P. ("Galaxy") and Galaxy Telecom Capital Corp. ("Galaxy Capital") (Galaxy and Galaxy Capital together, "Debtors") filed for relief under Chapter 11, Title 11 of the United States Code (the "Bankruptcy Code") with the United States Bankruptcy Court for the Eastern District of Missouri (the "Bankruptcy Court"). These bankruptcy cases have been procedurally consolidated and are being jointly administered. Galaxy Telecom, L.P., Case No. 01-52107-399 is the lead case. The Court will docket all pleadings in the lead case. All pleadings should use the caption shown above. 2. THIS SPECIAL NOTICE HAS BEEN SENT TO YOU AS A PARTY TO AN EXECUTORY CONTRACT OR UNEXPIRED LEASE WITH GALAXY. You may want to consult an attorney to protect your rights. 3. The Debtors' address is 1220 North Main, Sikeston, Missouri 63801. Galaxy's taxpayer identification number is 43-1697125 and Galaxy Capital's taxpayer identification number is 43- 1719476. 4. All documents filed in this case are on file at the Office of the Clerk of the Bankruptcy Court, Thomas F. Eagleton United States Courthouse, 111 S. Tenth Street, 4th Floor, St. Louis, Missouri 63102, where they are available for review and photocopying between the hours of 8:30 a.m. and 4:30 p.m. Copies may also be obtained through Bankruptcy Services, Inc. at (314) 244-4940. General case information and images of pleadings are available through PACER. Contact the PACER Service Center for more information at 1-800-676-6856. Proposed Plan of Reorganization 5. On October 31, 2001, Debtors filed with the Bankruptcy Court a proposed Plan of Reorganization (the "Plan") and a disclosure statement (the"Disclosure Statement") pursuant to §§ 1125 and 1126 of the Bankruptcy Code. Copies of the Plan and the Disclosure Statement are on file with the Office of the Clerk of the Bankruptcy Court and may be obtained through Bankruptcy Services, Inc. at (314) 224-4940. 6. Under the Plan, all of Galaxy's assets will be transferred to a new corporation ("Reorganized Galaxy") and the Debtors will be dissolved. If the Plan of Reorganization is confirmed, each executory contract or unexpired lease that is not the subject of a specific motion to the contrary, 1718200 Q,�D nonseiii aqe1b' L2- 3- / ee 2001-3335 will, upon the effective date of the Plan, be assumed by Galaxy and assigned to Reorganized Galaxy. Certain parties to executory contracts and unexpired leases have previously been served with an Order listing contracts and leases to be assumed and assigned in connection with a proposed sale of assets to Vista III Media, LLC. If you are a party to a contract or lease referenced in that Order, the terms of that Order will govern the assumption and assignment of your lease or executory contract. Hearing on Confirmation of the Plan 7. A hearing to consider confirmation of the Plan, any objections thereon and any other matter that may properly come before the Bankruptcy Court shall be held before the Honorable Barry S. Schermer, United States Bankruptcy Court for the Eastern District of Missouri, Thomas F. Eagleton United States Courthouse, 111 S. Tenth Street, 5th Floor North, St. Louis, Missouri 63102, on December 10, 2001 at 1:00 p.m. or as soon thereafter as counsel may be heard (the Confirmation Hearing"). The Confirmation Hearing may be adjourned from time to time without further notice other than an announcement of the adjourned date or dates at the Confirmation Hearing or at an adjourned Confirmation Hearing. 8. Any objections to the Plan shall be in writing, shall conform to the Federal Rules of Bankruptcy Procedure and the Local Rules of the Bankruptcy Court, shall set forth the name of the objector, the nature and amount of any claims or interests held or asserted by the objector against the estate or property of Debtors, the basis for the objection, and specific grounds therefor, and shall be filed with the Bankruptcy Court at the address specified in the previous paragraph, with a copy marked "Chambers,"together with proof of service thereof, and served upon the following persons so as to be received on or before December 5, 2001, at 5:00 p.m. (Central Time): Mark V. Bossi The Office of the United States Trustee Thompson Coburn LLP Thomas F. Eagleton United States Courthouse One Firstar Plaza 111 South Tenth Street, Suite 6353 St. Louis, MO 63101 St. Louis, MO 63102 Eric M. Rosof Richard Hiersteiner Wachtell, Lipton, Rosen &Katz Palmer &Dodge, LLP 51 W. 52nd Street 111 Huntington Ave. at Prudential Center New York, NY 10019 Boston, MA 02199 UNLESS AN OBJECTION IS TIMELY SERVED AND FILED IN ACCORDANCE WITH THIS NOTICE, IT MAY NOT BE CONSIDERED BY THE BANKRUPTCY COURT. Dated: November 19, 2001 THOMPSON COBURN LLP By Mark V Bossi, #267 One Firstar Plaza, Suite 3500 St. Louis, Missouri 63101 (314) 552-6000 (Phone) (314)-552-7015 (Fax) Attorneys for Debtors and Debtors-in-Possession 1 71 8200 - 2 - Hello