IN RE: JAMES N. TUREK, CASE NO. 02-20411-PCY5 CHAPTER 11 Debtor.
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
IN RE:
JAMES N. TUREK, CASE NO. 02-20411-PCY5
CHAPTER 11
Debtor.
Dated this 27th day of January, 2005.
/
THIRD AMENDED PLAN OF REORGANIZATION
ARTICLE I
DEFINITIONS
When used herein, the words set forth below shall have the following meaning or meanings:
1.1 "The Debtor" or “Turek” shall mean JAMES N. TUREK. The Debtor is an
individual and has been the Debtor-in Possession pursuant to the filing of the bankruptcy petition.
1.2 "Administrative Expenses" means those expenses provided by § 503 and § 507 of the
Bankruptcy Code including, without limitation, the fees as allowed of the professionals retained by
the Bankruptcy Court's Orders.
1.3 "Allowed Claim" means a claim which either (i) the Debtor has scheduled, and is not
scheduled as disputed, contingent or unliquidated and for which no proof of claim has been filed or
(ii) a claim for which a proof of claim was timely filed to which no objection has been made or to
which an objection shall have been determined and has been allowed by a final order.
1.4 "Allowed Priority Claim" means that portion of an allowed claim entitled to priority
under § 507(a)(7).
1.5 "Allowed Secured Claim" means a claim which has a perfected lien on assets of the
Debtor.
1.6 "Allowed Unsecured Claim" means any allowed claim which is not an administrative
expense claim or an allowed priority claim.
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1.7 "Disclosure Statement" means the disclosure statement prepared pursuant to 11
U.S.C. § 1125 and distributed to holders of claims and interests.
1.8 "Plan" means the Debtor’s proposed Plan of Reorganization.
1.9 "Bankruptcy Code" means the Bankruptcy Reform Act of 1978, 11 U.S.C. § 101, et.
seq., as currently in effect.
1.10 "Bankruptcy Court" means the United States Bankruptcy Court for the Northern
District of Florida, or such other court as may hereinafter be granted primary jurisdiction for this
proceeding.
1.11 "Confirmation" means the entry of a Final Order by the Bankruptcy Court confirming
Debtor’s Plan pursuant to 11 U.S.C. § 1129.
1.12 "Contested Claim" means any claim to which the Debtor, or any other party in
interest, has or shall have interposed an objection to the allowance thereof and which objection has
not been withdrawn or determined in a final order.
1.13 "Effective Date" means the date which is ten (10) days after the entry of a Final
Order confirming Debtors Plan.
1.14 "Filing Date" means May 14, 2002.
1.15 "Final Order" means an order or judgment of the Bankruptcy Court which has not
been reserved, stayed, modified or amended and as to which the time to appeal or to seek certiorari
or review has expired and as to which no appeal or a petition for certiorari or review is pending or
as to which any right to appeal or to seek certiorari or review has been waived.
1.16 “Wicklund Holding Company” is now Plasticon International, Inc.
1.17 As used in the Plan, masculine, feminine, and neutral pronouns shall be deemed to
include each other, and all terms used in the singular shall be deemed to include the plural, where
applicable, and vice versa.
1.18 All references to statutory sections are to the Bankruptcy Code, Title 11 of the United
States Code, unless otherwise specified.
1.19 All terms defined herein shall have the same meaning when used in the Disclosure
Statement.
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1.20 The words "herein," "hereof," and "hereunder" and other words of similar import
refer to the Plan as a whole, including all schedules, appendices and exhibits annexed or attached
thereto, as the same may from time to time be amended or supplemented, and not to any particular
article, section or subdivision contained in the Plan as it may be amended.
1.21 Accounting terms not otherwise defined in the Plan have the meanings assigned to
them in accordance with generally accepted accounting principles currently in effect.
ARTICLE II
CLASSIFICATIONS OF CLAIMS AND INTERESTS
2.1 The claims of creditors and interests of the Debtor shall be divided into Fifteen (15)
classes:
Class 1: Claim of Bank One Financial Services, Inc.
Class 2: Claim of Central Bank & Trust Co.
Class 3: Claim of Community Trust Bank
Class 4: Claim of Daimler Chrysler Services
Class 5, A-B: Claims of Eastern Savings Bank
Class 6: Claim of Edgewater Beach Resort Community
Class 7: Claim of General Motors Acceptance Corp.
Class 8: Claim of Hartland Homeowners Assoc. Inc.
Class 9: Claim of Kentucky Bank
Class 10: Kitch Drutchas Wagner Denardis & Valitutti
(“Kitch Drutchas”)
Class 11: Claims of LFUCG-Division of Revenue
A-D:
Class 12: Claim of Marlin Rob, Inc.
Class 13: Claim of National City Bank
Class 14: Claim of Stoll, Keenon & Park, LLP
Class 15: Claim of Bay County, Florida Tax Collector
Class 16: Claim of Dennis Joslin
Class 17: Claim of Edgewater Beach Resorts Partnership
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Class 18: Unsecured Claims of Debtor
Class 19: Administrative Class
Unsecured Claim Under $5,000.00
Class 20: Unsecured Claims of Creditors of Wickland,
its subsidiaries or affiliates and Debtor as Guarantor
or Co-Debtor/Defendant with Wickland
...
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 |
