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FIRST INSERTION
NOTICE OF
(I) CONDITIONAL APPROVAL OF DISCLOSURE STATEMENT,
(II) DEADLINE FOR VOTING ON THE DEBTORS' JOINT PLAN OF
REORGANIZATION,
(III) HEARING TO CONSIDER FINAL APPROVAL OF THE
DISCLOSURE STATEMENT AND CONFIRMATION OF THE PLAN, AND (IV) LAST DATE AND
PROCEDURES FOR FILING
OBJECTIONS TO CONFIRMATION OF THE PLAN
UNITED STATES
BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION
Chapter 11
Case No. 9-11-bk-1515-BSS
Case No. 9-11-bk-1519-BSS
Case No. 9-11-bk-1520-BSS
Case No. 9-11-bk-1521-BSS
Case No. 9-11-bk-1522-BSS
Case No. 9-11-bk-1523-BSS
Case No. 9-11-bk-1524-BSS
(Jointly Administered Under
Case No. 9-11-bk-1515-BSS)
Plan Voting Deadline:
September 22, 2011 at 4:00 p.m.
(prevailing Eastern Time)
Confirmation Objection Deadline:
September 29, 2011 at 4:00 p.m.
(prevailing Eastern Time)
Confirmation Hearing Date:
October 6, 2011 at 10:00 a.m.
(prevailing Eastern Time
In re:
EVANS OIL COMPANY LLC
KCWL, LLC
LONG EQUIPMENT FINANCE, LLC
LONG PETROLEUM
PRODUCTS, LLC
LONG RUN, LLC
OCTANE, LLC
RML, LLC
Debtors
PLEASE TAKE NOTICE of the following:
By Order dated August 19, 2011 (the “Disclosure Statement Order”)*, the United States Bankruptcy Court for the Middle District of Florida (the “Court”) conditionally approved the Disclosure Statement for Debtors' Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, dated August 17, 2011 [Docket No. 382] (including all exhibits thereto and as may be amended, modified or supplemented from time to time, the “Disclosure Statement”), as containing adequate information within the meaning of section 1125 of title 11 of the United States Code, 11 U.S.C. §§101 et seq. (the “Bankruptcy Code”). However, the Court will consider objections regarding the adequacy of the information contained in the Disclosure Statement at the Confirmation Hearing (as defined below).
On October 6, 2011 at 10:00 a.m. (prevailing Eastern Time) or as soon thereafter as counsel may be heard, a hearing (the “Confirmation Hearing”) will be held before the Honorable Barry S. Schermer, at the United States Bankruptcy Court for the Middle District of Florida, Fort Myers Division, Room 4-117, Courtroom E, 2110 First Street, Fort Myers, Florida 33901, to consider confirmation of the Joint Plan of Reorganization [Docket No. 380] (including all exhibits thereto and as may be amended, modified or supplemented from time to time, the “Plan”), and for such other and further relief as may be just and proper. The Confirmation Hearing may be adjourned from time to time without further notice except for an in Court announcement at the Confirmation Hearing or a filing by the Debtors on the docket of the Chapter 11 Cases of the date and time to which the Confirmation Hearing has been adjourned. Additionally, the Plan may be modified in accordance with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and other applicable law, without further notice, prior to or as a result of the Confirmation Hearing.
THE PLAN CONTAINS CERTAIN RELEASE, INJUNCTION AND EXCULPATION PROVISIONS. YOU ARE ADVISED TO CAREFULLY REVIEW AND CONSIDER THE PLAN, INCLUDING THE RELEASE, INJUNCTION AND EXCULPATION PROVISIONS, AS YOUR RIGHTS MAY BE AFFECTED.
Any objection, comment or response to confirmation of the Plan (including any memoranda in support of such objection, comment or response) (each, a “Confirmation Objection”) shall be filed with the Court, together with proof of service, on or before September 29, 2011 at 4:00 p.m. (prevailing Eastern Time) (the “Confirmation Objection Deadline”) and shall (i) conform with the Bankruptcy Rules and the Local Rules; (ii) set forth the name of the objecting party, the nature and amount of the claim or interest held or asserted by that party against the Debtors' estates or property, and the specific basis for the objection; (iii) provide proposed language to remedy such objection; and (iv) be served on the following parties (the “Notice Parties”) on or before the Confirmation Objection Deadline: (a) the U.S. Trustee; (b) counsel to the Debtors, Hahn Loeser & Parks LLP, Attention: Daniel A. DeMarco and Christopher B. Wick; and (c) counsel to Fifth Third Bank, Alan J. Statman. The Court shall consider only timely filed written Confirmation Objections, and all Confirmation Objections not timely filed and served in accordance with the provisions of this Order shall be deemed waived.
Copies of the Plan and Disclosure Statement have been filed with the Bankruptcy Court and may be obtained by parties in interest at the Debtors' expense upon written request to Evans Oil Ballot Processing, c/o The Garden City Group, PO Box 9688, Dublin, Ohio 43017-4988. In addition, copies of the Disclosure Statement and Plan may be viewed on the internet for a fee at the Court's website (http://www.flmb.uscourts.gov/) by following direction for accessing the Court's electronic filing system on such website, or free of charge on Garden City Group's website for these Chapter 11 Cases (http://www.evansoilinfo.com).
Questions concerning the contents of this Notice should be directed to Garden City Group at (866) 975-1543 between the hours of 9:00 a.m. and 5:00 p.m. (prevailing Eastern Time), Monday through Friday. Please note that Garden City Group's staff is not permitted to give legal advice. You should consult with your own attorney for assistance regarding any other inquiries.
*All capitalized terms used but not otherwise defined herein shall have the meaning ascribed to them in the Plan or Disclosure Statement Order, as applicable.
Dated: August 26, 2011
Fort Myers, Florida
Respectfully submitted,
/s/ John S. Sarrett
(FL Bar No. 0812811)
HAHN LOESER & PARKS LLP
800 Laurel Oak Drive, Suite 600
Naples, Florida 34108
Telephone: (239) 254-2900
Facsimile: (239) 254-7716
E-mail: [email protected]
and
/s/ Daniel A. DeMarco
Daniel A. DeMarco
(OH Bar No. 0038920)
Christopher B. Wick
(OH Bar No. 0073126)
HAHN LOESER & PARKS LLP
200 Public Square, Suite 2800
Cleveland, Ohio 44114
Telephone: (216) 621-0150
Facsimile: (216) 241-2824
E-mail: [email protected]
[email protected]
Counsel to the Debtors
4168403.1
September 2, 9, 2011 11-05513L