ARTICLE XI
RETENTION OF JURISDICTION
11.1 Notwithstanding confirmation of this Plan, with the Effective Date having occurred,
the Bankruptcy Court shall retain jurisdiction for the following purposes:
(a) Determination of the allowability of claims and interests upon objection to
such claims by the Debtor or any other party in interest;
(b) Determination of request for payment of claims entitled to priority under
§ 503 or § 507(a) of the Bankruptcy Code, including compensation of professionals entitled thereto;
(c) Resolution of controversies and disputes regarding the interpretation of this
Plan, regarding title to the assets of the Debtor and to determine all causes of action, controversies,
disputes and conflicts pending as of the date of confirmation between the Debtor and any other party;
(d) Correction of any defect, the curing of any omission, or the reconciliation of
any inconsistencies in the Plan or the confirmation as may be necessary to carry out the purposes and
the intent of the Plan;
(e) Implementation of the provisions of this Plan and the confirmation of this
Plan, including appropriate orders to protect the Debtor from creditor actions;
(f) Modification of the Plan before and after substantial consummation pursuant
to § 1127 of the Bankruptcy Code; and
(g) Interpretation of the terms and conditions of this Plan and to enter orders
concluding and terminating this case, including the entry of a final decree and discharge.
ARTICLE XII
MISCELLANEOUS PROVISIONS
12.1 Governing law. Except to the extent the Code or Bankruptcy Rules are applicable,
the rights and obligations arising under this Plan shall be governed by, and construed and enforced
in accordance with, the laws of the State of Florida.
12.2 Headings. The headings of the articles, paragraphs and subparagraphs of this Plan
are inserted for convenience only and shall not affect the interpretation of the Plan.
12.3 Successors and assigns. This Plan and all the provisions hereof shall be binding
upon and inure to the benefit of the parties hereto and their respective successors and assigns.
12.4 Time. In computing any time period prescribed or allowed by this Plan, the day of
the act or event from which the designated period begins to run shall not be included, The last day
of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in
which event the period runs until the end of the next succeeding day which is not one of the
aforementioned days.
12.5 Severability. Should any provision in the Plan be determined to be unenforceable
following the Effective Date, such determination shall in no way limit or affect the enforceability
and operative effect of any and all other provisions of this Plan.
12.6 Upon confirmation of the plan, title to any remaining proceeds of sale and to unsold
property of the estate shall vest in the reorganized Debtor.
12.7 Liens. All creditors with liens against assets of Debtor securing indebtedness shall
retain said liens until payment in full pursuant to Debtor’s Plan and Reorganization, at which time
paid lien claims will be satisfied and canceled and surrendered to Debtor’s Closing Agent for
recording.
Dated this 27th day of January, 2005.
/s/ C. Edwin Rude, Jr.
C. EDWIN RUDE, JR.
Florida Bar No. 0157985
322 McDaniel Street
Tallahassee, Florida 32303-6249
Telephone (850) 224-2422
Facsimile (850) 224-0762 |
