ORDER (I) APPROVING AMENDED DISCLOSURE STATEMENT;
(II) SETTING HEARING ON CONFIRMATION OF AMENDED PLAN;
(III) SETTING HEARING ON FEE APPLICATIONS;
(IV) SETTING VARIOUS DEADLINES; AND
(V) DESCRIBING PLAN PROPONENT'S OBLIGATIONS

JUNE 20, 2001 at 9:30 a.m.

The court conducted a hearing on April 25, 2001 to consider approval of the amended disclosure statement filed by John W. Kozyak, Chapter 11 Trustee (the "plan proponent"). The court finds that the amended disclosure statement (as amended, if amendments were announced by the plan proponent or required by the court at the hearing) contains "adequate information" regarding the amended plan in accordance with 11 U.S.C. § 1125(a). Therefore, pursuant to 11 U.S.C. § 1125(b) and Bankruptcy Rule 30l7(b), the amended disclosure statement is approved.

This order sets a hearing to consider confirmation of the amended plan ("confirmation hearing"), a hearing on fee applications and sets forth the deadlines and requirements relating to confirmation provided in the Bankruptcy Code, Federal Rules of Bankruptcy Procedure and local rules of this court.

1. HEARING TO CONSIDER CONFIRMATION OF AMENDED PLAN

The court has set a hearing to consider confirmation of the amended plan for the date and time indicated above as "CONFIRMATION HEARING". The confirmation hearing may be continued to a future date by notice given in open court at the confirmation hearing.

2. DEADLINE FOR FILING AND HEARING ON FEE APPLICATIONS

The last day for filing and serving fee applications is indicated above as "DEADLINE FOR FEE APPLICATIONS". All prospective applicants for compensation, including attorneys, accountants and other professionals, shall file applications which include actual time and costs, plus an estimate of additional time and costs to be incurred through confirmation. At or prior to confirmation, applicants must file a supplement with documentation supporting the estimated time and costs. Fee applications shall be timely filed with the court and served (with all exhibits, including documentation of estimated time) on (i) the debtor; (ii) the plan proponent (if other than the debtor); (iii) all committees that have been appointed; (iv) any chapter 11 trustee or Examiner that has been appointed; and (v) the U.S. trustee.

Fee applications will be set for hearing together with the confirmation hearing. The plan proponent shall serve notice of all fee applications pursuant to paragraph 6 below.

3. DEADLINE FOR OBJECTIONS TO CONFIRMATION

The last day for filing and serving objections to confirmation of the amended plan is indicated above as "DEADLINE FOR OBJECTIONS TO CONFIRMATION". Objections to confirmation shall be filed with the court and served on (i) the debtor; (ii) the plan proponent (if other than the debtor); (iii) all committees that have been appointed; (iv) any chapter 11 trustee or examiner that has been appointed; and (v) the U.S. trustee.

4. DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING AMENDED PLAN

The last day for filing a ballot accepting or rejecting the amended plan is indicated above as "DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING AMENDED PLAN". All parties entitled to vote should receive a ballot from the plan proponent by mail pursuant to paragraph 6(A) of this order. If you receive a ballot but your entire claim has been objected to, you will not have the right to vote until the objection is resolved, unless you request an order under Bankruptcy Rule 3018(a) temporarily allowing your claim for voting purposes.

5. DEADLINE FOR OBJECTIONS TO CLAIMS

Pursuant to Local Rule 3007-1(B), the last day for filing and serving objections to claims is indicated above as "DEADLINE FOR OBJECTIONS TO CLAIMS". All objections to claims must be filed before this date unless the deadline is extended by further order.

6. PLAN PROPONENT'S OBLIGATIONS

(A) On or before the date indicated above as "PROPONENT'S DEADLINE FOR SERVING THIS ORDER, AMENDED DISCLOSURE STATEMENT, AMENDED PLAN, AND BALLOT" the plan proponent shall serve a copy of this order, the approved disclosure statement (with all amendments, if amendments were announced by the plan proponent or required by the court at the disclosure hearing), the amended plan, and the court approved ballot form on all creditors, all equity security holders, and all other parties in interest.

(B) On or before the date indicated above as "PROPONENT'S DEADLINE FOR SERVING NOTICE OF FEE APPLICATIONS", the plan proponent shall serve a notice of hearing of all fee applications, identifying each applicant and the amounts requested. The notice shall be served on all creditors, all equity security holders, and all other parties in interest.

(C) On or before 5:00 p.m. on the date indicated above as "PROPONENT'S DEADLINE FOR FILING PROPONENT'S REPORT AND CONFIRMATION AFFIDAVIT", the plan proponent shall file with the court and deliver a copy to the U.S. Trustee the Local Form "Certificate of Proponent of Amended Plan on Acceptance of Amended Plan, Report on Amount to be Deposited, Certificate of Amount Deposited and Payment of Fees," and the Local Form "Confirmation Affidavit". The "Confirmation Affidavit" shall set forth the facts upon which the plan proponent relies to establish that each of the requirements of 11 U.S.C. § 1129 are satisfied. The Confirmation Affidavit should be prepared so that by reading it, the court can easily understand the significant terms of the amended plan and other material facts relating to confirmation of the amended plan. The individual executing the "Confirmation Affidavit" shall be present at the confirmation hearing.

If the plan proponent does not timely comply with any of the requirements of this order, the court may impose sanctions at the confirmation hearing without further notice including dismissal, conversion of the case to chapter 7, or the striking of the amended plan. The court will also consider dismissal or conversion at the confirmation hearing at the request of any party or on the court's own motion.

ORDERED in the Southern District of Florida on April 25, 2001.

/s/

Raymond B. Ray
United States Bankruptcy Judge

Copies to:
Laurel M. Isicoff, Esq.
Steven Turner, Esq.

(Attorney Isicoff is directed to serve conformed copies of this Order upon all interested parties and file a Certificate of Service)

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