ARTICLE VI
MANAGEMENT, DIRECTORS AND OFFICERS
6.1 No change in the Debtors management of the various business entities with which
he is involved will be implemented.
ARTICLE VII
MEANS TO EFFECTUATE PLAN
7.1 The Plan will be effectuated by funds provided to Debtor from his salary,
commissions, and bonuses and, as to some creditors, by the transfer of free trade stock in Wicklund
Holding Company, to those creditors having claims against Debtor due to his guaranty or co-signing
on indebtedness’ owed by Wicklund Holding Company.
ARTICLE VIII
EXECUTORY CONTRACTS AND UNEXPIRED LEASES
8.1 There are no executory contracts or unexpired leases in existence.
ARTICLE IX
MODIFICATION OF THE PLAN
9.1 The Debtor may propose amendments or modifications of this Plan at any time prior
to confirmation upon such notice as the Court may require. After confirmation, the Debtor may,
with the approval of the Court, and so long as it does not materially or adversely affect the interest
of the allowed claims thereunder, remedy any defect or omission, or reconcile any inconsistencies
in the Plan or in the Order of Confirmation in such manner as may be necessary to carry out the
purposes and effect of the Plan.
ARTICLE X
PROVISION TO INVOKE CRAM DOWN PROCEEDINGS IF NECESSARY
10.1 If all of the applicable requirements of Section 1129(a) of the Bankruptcy Code, other
than Paragraph 8, are found to have been met with respect to the Plan, the Debtor may then seek
confirmation pursuant to Section 1129(b) of the Bankruptcy Code. For the purposes of seeking
confirmation under the cram down provision of the Code, should that alternative means of
confirmation prove to be necessary, the Debtor reserves the right to modify or vary the classification
of Allowed Claims and the treatment of the Allowed Claims of all classes, so as to comply with the
requirements of Section 1129(b).
...
IN RE: JAMES N. TUREK, CASE NO. 02-20411-PCY5 CHAPTER 11 Debtor.
...
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 |
