UNITED STATES BANKRUPTCY COURT | |||
WESTERN DISTRICT OF MISSOURI | |||
In re: | ) | In Proceedings under Chapter 11 | |
FARMLAND INDUSTRIES, INC., | ) | Case No. 02-50557 | |
FARMLAND FOODS, INC., | ) | Case No. 02-50561 | |
SFA, INC., | ) | Case No. 02-50562 | |
FARMLAND TRANSPORTATION, INC., | ) | Case No. 02-50564 | |
FARMLAND PIPE LINE COMPANY, | ) | Case No. 02-50565 | |
) | |||
Debtors | ) | Joint Administration | |
NOTICE OF EFFECTIVE DATE AND CERTAIN DEADLINES UNDER | |||
DEBTORS’ SECOND AMENDED JOINT PLAN OF REORGANIZATION, AS MODIFIED | |||
TO: ALL PARTIES IN INTEREST |
1. Please take notice that pursuant to § 9.3 of the Debtors’ Second Amended Joint Plan of Reorganization, as Modified (“Plan”)1, notice is hereby given that the Effective Date of the Plan is May 1, 2004.
2. Please take further notice of the following deadlines under the Plan:
• § 11.1 – All final requests for compensation and reimbursement for Professionals pursuant to §§ 327, 328, 330, 331, 503(b) or 1103 of the Bankruptcy Code for services rendered prior to the Effective Date and Substantial Contribution Claims under § 503(b)(4) of the Bankruptcy Code must be filed with the Bankruptcy Court and served on the Liquidating Trustee and its counsel, Foley & Lardner, LLP at one of the following addresses (“Claim Delivery Address”) no later than
June 15, 2004.
Claim Delivery Address | |
If sent by mail, send to: | If sent by messenger, send to: |
FI Liquidating Trust | FI Liquidating Trust |
Attn: Claims | Attn: Claims |
P.O. Box 56798 | 8475 Western Way, Suite 110 |
Jacksonville, FL 32241-6798 | Jacksonville, FL 32256 |
• §11.2 – Other than as set forth in § 11.1 of the Plan and except with respect to liabilities incurred by a Debtor in the ordinary course of business during the Chapter 11 case and payments payable in connection with post-petition severance obligations of the Debtors and the KERIT Plan (which claims shall be paid in the ordinary course of business according to the terms and conditions of the agreements relating thereto), all requests for payment of an Administrative Claim incurred prior to the Effective Date must be filed with the Bankruptcy Court and served on counsel for the Liquidating Trustee at the Claim Delivery Address no later than May 31, 2004.
• § 6.2 – All proofs of claim for rejection of executory contracts or unexpired leases pursuant to § 6.1 of the Plan must be filed with the Bankruptcy Court and served on counsel for the Liquidating Trustee at the Claim Delivery Address byMay 31, 2004.
3. Pursuant to and in accordance with § 7.8 of the Plan, as a condition to receiving a distribution on account of an Allowed Claim or Interest, each holder of Industrial Revenue Bonds not reinstated on the Effective Date, Demand Certificates, Subordinated Certificates or Old Securities of Foods must tender the applicable certificates, instruments, securities or other documentation evidencing such Claim or Interest (“certificates”) to the Liquidating Trustee at one of the following addresses (“Certificate Delivery Address”). These certificates must be tendered byApril 30, 2005 or your Claim or Interest will be discharged and you will be forever barred from asserting such Claim or Interest.
Certificate Delivery Addresses | ||
If sent by mail, send to: | If sent by messenger, send to: | |
FI Liquidating Trust | FI Liquidating Trust | |
Attn: Certificates | Attn: Certificates | |
P.O. Box 7469 | 8475 Western Way, Suite 110 | |
North Kansas City, MO 64116-7469 | Jacksonville, FL 32256 |
Delay in surrendering your certificate(s) will delay your distribution.
(over)
A separate notice is being sent to known holders of Industries Preferred Shares. If you are such a holder and do not receive that notice, you should contact the Liquidating Trustee.
For further information, you may visit the websitewww.filiquidatingtrust.com. If you do not have access to the Internet you may contact the Liquidating Trustee in writing at FI Liquidating Trustee, c/o J.P. Morgan Trust Company, National Association, P.O. Box 56798, Jacksonville, FL 32241-6798. Please note on the envelope that this is in reference to the Farmland bankruptcy. Please refer to the Plan for all other relevant deadlines. The Initial Distribution Date under the Plan is projected to occur by June 30, 2004.
Dated: May 1, 2004
BY ORDER OF THE COURT
All capitalized terms in this Notice shall have their respective meanings set forth in t he Plan. You are directed to the Plan, the Disclosure Statement and the Confirmation Order for further detail on the matters addressed in this Notice.