Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

IN RE A.P.I. INC

United States Bankruptcy Court, D. Minnesota.
Nov 1, 2005
ORDER AND NOTICE FOR HEARING ON CONFIRMATION OF "PREPACKAGED" PLAN

GREGORY KISHEL, Bankruptcy Judge

A Plan of Reorganization of A.P.I. INC. under Chapter 11 of the Bankruptcy Code dated December 15, 2004 was signed and filed by A.P.I. INC. (the "Debtor") on January 7, 2005. The Debtor solicited acceptances prior to the filing date and received ballots for acceptance or rejection of the plan. The plan was subsequently modified; the most recent modified plan is dated May 3, 2005 and was filed on May 4, 2005 (as so modified, the "Plan"). The Debtor's counsel have advised that certain limited, technical amendments to the plan may be filed prior to the confirmation hearing.

The Court entered three orders on October 15, 2005 granting partial summary judgment and making other determinations in respect to timely-filed objections to the Plan raised by certain insurance company entities designated as "Objecting Parties" in this Court's Orders of January 26, 2005 and February 7, 2005. In light of those rulings, the Debtor's counsel have requested to proceed to a hearing on confirmation of the Plan, as amended. The Debtor's counsel have also reported that they have coordinated a date and time for such a hearing with the counsel for all other parties that have participated in the case thus far.

IT IS THEREFORE ORDERED, AND NOTICE IS HEREBY GIVEN, THAT:

1. Confirmation Hearing. A hearing to consider confirmation of the Plan will be held on December 5 and 6, 2005 starting at 9:30 a.m. each day, in Courtroom 7 West, U.S. Courthouse, 301 S. Fourth St, Minneapolis MN 55415. The hearing may be continued by notice at the hearing, without further written notice.

2. Objections to Confirmation. The Notice of Chapter 11 Case, Meeting of Creditors, Hearing on Confirmation Deadlines dated January 14, 2005 set deadlines for serving and filing objections to confirmation of the Plan. Those deadlines have passed. Any further participation in the case by the Objecting Parties will be addressed at a pre-trial hearing to be held on November 7, 2005 at 1:30 p.m. At that time the Court will consider whether objections to confirmation of the Plan will be limited to (a) objections that have heretofore been timely filed, and (b) objections relating solely to amendments to the Plan occurring after the previous deadline for objections to the Plan by Objecting Parties.

3. Ballots to Accept or Reject Plan. The Debtor asserts that parties entitled to vote to accept or reject the plan have done so pre-petition.

4. Mailing of Notice. Not less than thirty (30) days prior to the confirmation hearing, the Debtor under supervision of its attorney shall mail copies of this order and notice to the entities specified in Loc. R. Bank. P. (D. Minn.) 9013-3, to all creditors, to all equity security holders, and to all other parties in interest, and to the Objecting Parties.

ORDER

were placed by me in individual official envelopes, with postage paid; that said envelopes were addressed individually to each of the persons, corporations, and firms at their last known addresses appearing hereinafter; that said envelopes were sealed and on the day aforesaid were placed in the United States mails at Minneapolis, Minnesota, to: