HomeMy WebLinkAbout20013189 UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
IN RE: ) Case No. 01.52107-399
Case No. 01-52108-399
GALAXY TELECOM, L.P., and
GALAXY TELECOM CAPITAL CORP., ) Chapter 11
Debtors. ) Jointly Administered Under
Case No. 01-52107-399
)
NOTICE OF: (A) COMMENCEMENT OF CASE UNDER CHAPTER 11
OF THE BANKRUPTCY CODE, (B) HEARINGS TO CONSIDER
DEBTORS' COMPLIANCE WITH DISCLOSURE REQUIREMENTS
AND CONFIRMATION OF PLAN OF REORGANIZATION, AND
IC) MEETING OF CREDITORS, AND (D) FIXING OF DATES
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 notice has been sent to you as a creditor of one or both of the
Debtors. It lists important deadlines. 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.
1703440 2001-3189
/1-1-1r-t," i cxD9y
5. Since images of all documents filed in these cases will be available
through PACER, all documents must be filed in writing (on single-sided sheets of paper) and in
electronic format as PDF files simultaneously submitted on a virus-free, 3'/2" IBM compatible
floppy disk or compact disk. A transmittal letter listing the title of the document(s) on the
disk, the electronic file name(s) for the document(s) and a blank line for the clerk's office use in
designating each document should accompany all disks. All exhibits/attachments to
documents that are not available to the filer in electronic form must be electronically imaged
(i.e. scanned) and filed in PDF format.
Creditors May Not Take Certain Actions
6. A creditor is anyone to whom either of the Debtors owe money or
property. Under the Bankruptcy Code, the Debtors are granted certain protection against
creditors. Common examples of prohibited actions by creditors are contacting the Debtors to
demand repayment, taking action against the Debtors to collect money owed to creditors or to
take property of the Debtors, and starting or continuing foreclosure actions or repossessions. If
unauthorized actions are taken by a creditor against the Debtors, the Court may penalize that
creditor. A creditor who is considering taking action against the Debtors or the property of the
Debtors should review Section 362 of the Bankruptcy Code and may wish to seek legal advice.
Summary of Proposed Plan of Reorganization
7. On October 31, 2001, Debtors filed with the Bankruptcy Court a
proposed Joint Prepackaged Plan of Reorganization (the"Joint Prepackaged Plan") and a
disclosure statement (the "Disclosure Statement") pursuant to §§ 1125 and 1126 of the
Bankruptcy Code. Copies of the Joint Prepackaged 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.
8. The Joint Prepackaged Plan classifies claims against and interests in the
Debtors into the following classes:
CLASS CLASS DESCRIPTION IMPAIRMENT/
TREATMENT
1 Priority Claims Unimpaired
2 Bank Claims Impaired
3 Note Claims Impaired
4 Miscellaneous Secured Claims Unimpaired
5 - General Unsecured Claims Unimpaired
6 Equity Interests Impaired
9. Under the Joint Prepackaged Plan, all of Galaxy's assets will be
transferred to a new corporation ("Reorganized Galaxy") and Debtors will be liquidated. The
Joint Prepackaged Plan provides for all creditors, other than those in the impaired classes
(Classes 2, 3 and 6), to be paid in full in the ordinary course throughout the bankruptcy
proceedings and for any such claims remaining unpaid upon confirmation of the Joint
1703440 - 2
Prepackaged Plan to be assumed by Reorganized Galaxy. As a result, such creditors will not be
impaired by, and are deemed to accept, the Joint Prepackaged Plan, and votes from such
creditors have not been solicited and will not be accepted. Consistent with the Joint
Prepackaged Plan, the Court has entered an order giving Debtors discretion to pay claims of
creditors other than those in the impaired classes during the pendency of the proceedings, in
the ordinary course of business.
10. Prior to the Petition Date, the Joint Prepackaged Plan was distributed to,
and votes solicited from, creditors in the impaired classes. According to the Debtors, all of the
impaired classes voted to accept the Joint Prepackaged Plan.
Proofs of Claim/Claims Bar Date
11. Schedules of creditors have been or will be filed pursuant to Bankruptcy
Rule 1007. Any creditor holding a scheduled claim which is not listed as disputed, contingent,
or unliquidated as to amount may, but is not required to, file a proof of claim in this case.
Creditors whose claims are not scheduled or whose claims are listed as disputed, contingent, or
unliquidated as to amount and who desire to participate in the case or share in any distribution
must file their proofs of claim. A creditor who desires to rely on the schedule of creditors has
the responsibility for determining that the claim is listed accurately.
12. On November 1, 2001, the Court entered an order establishing a claims
bar date of February 1, 2002.
TO ENSURE PAYMENT OF YOUR CLAIM
(INCLUDING CLAIMS IN THE UNIMPAIRED CLASSES),
YOU MUST FILE A PROOF OF CLAIM IN THE DEBTORS'
CASE ON OR BEFORE FEBRUARY 1, 2002.
Attached hereto is a Proof of Claim form.
Hearing to Consider Approval of Disclosure Statement
13. A hearing to consider compliance with the disclosure requirements, any
objections to the Disclosure Statement, and any other matter that may come before the
Bankruptcy Court will be held before the Honorable Barry S. Schemer, United States
Bankruptcy Judge, 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 "Disclosure Hearing"). The Disclosure Hearing may
be adjourned from time to time without further notice other than announcement of the
adjourned date or dates_at the Hearing or at an adjourned Disclosure Hearing.
14. Any objections to the Disclosure Statement 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
1703440 3
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.
Hearing on Confirmation of the Plan
15. A hearing to consider confirmation of the Joint Prepackaged 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, immediately following the Disclosure
Hearing (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.
16. Any objections to the Joint Prepackaged 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 persons set forth in paragraph 13 above so as to be
received on or before December 5, 2001, at 5:00 p.m. (Central Time):
--UNLESS AN OBJECTION IS TIMELY SERVED AND
FILED IN ACCORDANCE WITH THIS NOTICE, IT MAY
NOT BE CONSIDERED BY THE BANKRUPTCY COURT.
17. The times fixed for the Confirmation Hearing and objections to
confirmation of the Joint Prepackaged Plan may be rescheduled by the Bankruptcy Court in the
event that the Bankruptcy Court does not find compliance with the disclosure requirements on
December 10, 2001. Notice of the rescheduled date or dates, if any, will be provided by an
announcement at the Disclosure Hearing or at an adjourned Disclosure Hearing.
1703440 - 4
Section 341(a) Meeting
18. A meeting pursuant to section 341 of the Bankruptcy Code shall be held
at the United States Bankruptcy Court for the Eastern District of Missouri, Thomas F.
Eagleton United States Courthouse, 111 S. Tenth Street, Room 6353, St. Louis, Missouri
63102, on November 27, 2001 at 11:00 a.m. At this meeting, a representative of the Debtors
will appear and be examined under oath. At the meeting, creditors may examine the Debtors'
representative and transact such other business as may properly come before the meeting.
Miscellaneous
19. The Court has entered an Interim Order authorizing the Debtors' use of
cash collateral and granting certain adequate protection to the Debtors' pre-petition lenders. A
final hearing to consider such relief is scheduled for November 13, 2001 at 11:00 a.m. It has
been requested that the Court incorporate in the final order a provision that no costs or
expenses may be chargeable against the lenders' collateral under Section 506(c) of the
Bankruptcy Code.
Dated: November 6, 2001
THOMPSON COBURN LLP
By
Mark . Bossi, #2 5
One Firstar Plaza, Suite 3500
St. Louis, Missouri 63101
(314) 552-6000 (Phone)
(314)-552-7015 (Fax)
Attorneys for Debtors and Debtors-in-Possession
1703440 5
FORM 810(Official Form 10)(4.01) PROOF OF CLAIM
UNITED STATES BANKRUPTCY COURT DISTRICT OF
Case Number
Name of Debtor
NOTE:,This form should not be used to make a claim for an expense
fired expense
arising
g11 after
§the co 503.mmeencement'
of the rase. A"request"for payment of-en:adminisintive may
Name of Creditor(The person or other entity to whom the debtor owes — Check box
if
you has a e a re arefhae t
money or proper anyone else): claim relating to your claim.Attach
copy of statement giving
i particulars.
Check box if you have never
Name and address where notices should be sent. received any notices from the
bankruptcy court in this case.
Check box if the address differs
from the address on the envelope
sent to you by the court.
THIS Sr'.c=_is FOR COURT list ON'Y
Telephone number:
Account or other number by which creditor identifies debtor: Check here
C replaces
if this claim a previously reviousl filed claim,dated:
C amends
1. Basis for Claim C Retiree benefits as defined in 11 U.S.C. § 1114(a)
❑ Goods sold ❑ Wages, salaries, and compensation (fill out below)
• Services performed Your SS #:
❑ Money loaned
❑ Personal injury/wrongful death Unpaid compensation for services performed
❑ Taxes from to
C Other (date) (date)
2. Date debt was incurred: 3. If court judgment, date obtained:
4. Total Amount of Claim at Time Case Filed: $
If all or part of your claim is secured or entitled to priority, also complete Item 5 or 6 below.
Check this box if claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement
of all interest or additional charges.
5. Secured Claim. 6. Unsecured Priority Claim. claim
C righck t ofhe box if your claim is secured by collateralC
this box if you have an unsecured priorityllatcral(including a Amount entitled to priority S
❑rie of scrpti. Specify the priority of the claim:
Brief
DCriptlOn of Collateral: ❑ Wages,salaries,or commissions(up to 54,650),'earned within 90 days before
C Real Estate ❑Motor Vehicle filing of the bankruptcy petition or cessation of the debtor's business,whichever
❑ Other is earlier- I I U.S.C.§507(a)(3).
• Contributions to an employee benefit plan-I I U.S.C.§507(a)(4).
Value of Collateral: S ^i Up to$2,100'of deposits toward purchase,lease,or rental of property or
services for personal,family,or household use-II U.S.C.§507(0(6).
❑ Alimony,maintenance,or support owed to a spouse,former spouse-or child-
II U.S.C. §507(0(7).
C Taxes or penalties owed to governmental units-II U.S.C.§507(a)(8).
Amount if any-. and other charges yt
rime case filed included in ❑ Other-specify applicable paragraph of I I U.S.C.§507(ax—).
secured claim,if any: $ 'Amounts are subject adjustment or on 4/1/04the
datrye
]years thereafter with
respect to cases commenced on or after the dare of adjustment.
7. Credits: The amount of
ail payments
on
this
claim
has been credited and
THIS SPACE 15 FOR COURT USE OhT.Y proodeducted for the purpose of making this
m.
8. Supporting Documents: Attach copies of supporting documents, such as
promissory notes, purchase orders, invoices, itemized statements
running
anevidence
accounts, contracts, court judgments, mortgages, security agreements,
of perfection of lien. DO NOT SEND ORIGINAL DOCUMENTS. If the documents
are not available, explain. If the documents are voluminous, attach a summary.
9. Date-Stamped Copy: To receive an acknowledgment of the filing of your claim,
enclose a stamped, self-addressed envelope and copy of this proof of claim.
Date Sign and print the name and title,if any,of the creditor or other person authorized to file
this claim(attach copy of power of attorney,if any):
Penalty for presenting fraudulent claim:Fine of up to 5500,000 or imprisonment for up to 5 years,or both. 18 U.S.C.§§ 152 and 3571.
FORM BID(Official Form 10)(9 97)
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law In particular types of cases or circumstances. such as bankruptcy cases
that are not filed volunranly by a debtor, there may be exceptions to these general rules.
— DEFINITIONS — •
Secured Claim Unsecured Claim
Debtor
The person, corporation,or other entity A claim is a secured claim to the If a claim is not a secured claim it is an
extent that the creditor has a lien on unsecured claim. A claim may be partly
that has filed a bankruptcy case is
called the debtor. property of the debtor (collateral) that secured and partly unsecured if the
gives the creditor the right to be paid property on which a creditor has a lien is
Creditor from that property before creditors not worth enough to pay the creditor in
A creditor is any person, corporation, who do not have liens on the property. full.
or other entity to whom the debtor Examples of liens are a mortgage on Unsecured Priority Claim
owed a debt on the date that the real estate and a security interest in a Certain types of unsecured claims are given
bankruptcy case was filed. car, truck, boat, television set, or other priority,so they are to be paid in bankruptcy
Proof of Claim item of property.A lien may have been cases before most other unsecured claims(if
obtained through a court proceeding theie is sufficient money or property
A form telling the bankruptcy court before the bankruptcy case began; in available to pay these claims).The most
how much the debtor owed a creditor some states a court judgment is a lien. common types of priority claims are listed
at the time the bankruptcy case was In addition, to the extent a creditor
filed (the amount of the creditor's on the proof of claim form.Unsecured
also owes money to the debtor(has a claims that are not specifically given
claim). This form must be filed with right of setoff), the creditor's claim priority status by the bankruptcy laws are
the clerk of the bankruptcy court may be a secured claim. (See also classified as Unsecured Nonpriority
where the bankruptcy case was filed. Unsecured Claim.)
Claims.
..r, ,vttag-fiiattlfalz,o+L•.r -.M if fi.; . ,�p7vTMtrs ^.r als.g '«;^ -ti•,,
1 kerns to be;t:ompieted in Proof of Claim form.(tf not already filged in].a.i .a ' r,
Court,Name of Debtor,and Case Number, 5.Secured Claim:
Fill in the name of the federal judicial district where the bankruptcy Check the appropriate place if the claim is a secured claim. You must
case was filed(for example,Central District of California),the name state the type and value of property that is collateral for the claim,attach
of the debtor in the bankruptcy case,and the bankruptcy case copies of the documentation of your lien,and state the amount past due
number.If you received a notice of the case from the court,all of this on the claim as of the date the bankruptcy case was filed. A claim may
information is near the top of the notice. be partly secured and partly unsecured. (See DEFINITIONS,above).
Information about Creditor: 6.Unsecured Priority Claim:
Complete the section giving the name,address,and telephone Check the appropriate place if you have an unsecured priority claim,
number of the creditor to whom the debtor owes money or property, and state the amount entitled to priority. (See DEFINITIONS,above).
and the debtor's account number,if any.If anyone else has already A claim may be partly priority and partly nonpriority if,for example,
filed a proof of claim relating to this debt,if you never received the claim is for more than the amount given priority by the law. Check
notices from the bankruptcy court about this case,if your address the appropriate place to specify the type of priority claim.
differs from that to which the court sent notice,or if this proof of 7,Credits:
claim replaces or changes a proof of claim that was already filed, By signing this proof of claim,you are stating under oath that in
check the appropriate box on the form. calculating the amount of your claim you have given the debtor credit
1.Basis for Claim: for all payments received from the debtor.
Check the type of debt for which the proof of claim is being filed.If 8 Supporting Documents:
the type of debt is not listed,check"Other"and briefly describe the You must attach to this proof of claim form copies of documents that
type of debt. If you were an employee of the debtor,fill in your show the debtor owes the debt claimed or,if the documents are too
social security number and the dates of work for which you were not lengthy,a summary of those documents.If documents are not
paid. available,you must attach an explanation of why they are not available.
2.Date Debt Incurred:
Fill in the date when the debt first was owed by the debtor.
3.Court Judgments:
If you have a court judgment for this debt,state the date the court
entered the judgment
4.Total Amount of Claim at Time Case Filed:
Fill in the total amount of the entire claim.If interest or other charges
in addition to the principal amount of the claim are included,check
the appropriate place on the form and attach an itemization of the
interest and charges.
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