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Res 1993-185
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Res 1993-185
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7/5/2007 3:42:08 PM
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City Clerk
City Clerk - Document
Resolutions
Number
1993-185
Date
10/25/1993
Volume Book
113
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<br /> I roc- <br /> . <br /> ~ <br /> , <br /> II. OVERVIEW OF THE PLÃN . <br /> The Plan provides for the payment of all claims against the Debtor in <br />full, with the exception of the Claim of the Internal Revenue Service for the <br />alleged joint and several obligations of the Debtor, its parent corporation, <br />Healthcare International, Inc. ("Healthcare") and the. affiliate debtor <br />corporations. The Debtor has proposed a compromise of the IRS Claim based on <br />the inability of the Debtors to pay the approximately $29 million Clqim <br />asserted by the IRS. Representatives of the Plan Proponents and the IRS have <br />met to discuss the compromise and, based on those discussions, the Plan -~ <br />Proponents believe that they will receive the requisite approvals for the <br />treatment of the IRS Claim by the confirmation date. <br /> All Administrative Expense and Priority Claims, other than Priori ty Tax <br />Claims, against the Debtor will be paid in full on the Effective Date or as <br />agreed upon between the Claimants and the Debtor. <br /> The Debtor will contribute toward the payment of the IRS Claim by <br />becomming jointly and severally liable for a note in the amount of $3 million <br />payable to the IRS over six years. <br /> Holders of Allowed Unsecured Claims of $150.00 or less will be paid - in <br />full on the Effective Date of the Plan. Holders of all other Allowed <br />Unsecured Claims will receive a distribution of 25% of the amount of their <br />Allowed Claim on the Effective Date and will receive the remainder in <br />semi-annual installments over a three year period. Inteçest will accrue on <br />the unpaid portion of an Allowed Unsecured Claim at the rate of 8% percent per <br />annum. <br /> The payment of Allowed Unsecured Claims in installments is dictated by the <br />terms. of the Debtor's proposed compromise of the IRS Claim. By statute, the <br />IRS Claim has a higher priority of distribution than that of Unsecured <br />Claims. Therefore, unless the IRS Claim is compromised, it is unlikely that <br />holders of Unsecured Claims would receive a significant, if any, distribution <br />in this case. <br /> ! <br /> III. REPRESENTATIONS <br /> HealthVest and the Debtor submit this Disclosure Statement under <br />Bankruptcy Code § 1125 (the "Disclosure Statement") in connection with the <br />solicitation of acceptances of the Plan. <br /> Capitalized terms used herein, if not separately defined, have the <br />meanings assigned to them in the Plan or in the Eankruptcy Code. All persons <br />receiving the Disclosure Statement and Plan are urged to review fully the <br />provisions of the Plan and all attached appendices and exhibits, in addition <br />to reviewing this Disclosure Statement. <br /> - 2. - <br />a-201SS <br />
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