|
UNITED STATES BANKRUPTCY COURT
<br />FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
<br />JOINTLY ADMINISTERED
<br />UNDER CASE NO. 90B-6721
<br />In re:
<br />CF&I FABRICATORS OF UTAH, INC., et aL,
<br />Debtors, .._. ,.-, ~' " ~ .r
<br />- ---------------°--- t-. -----------------
<br />(CF&I Fabricators of Utah, Inc.)
<br />(Colorado & Utah Land Company) ~~~ 1 199
<br />(Kansas Metals Company)
<br />(Albuquerque Metals Company)
<br />(Pueblo Metals Company) ,~I~IE~,y;_c_ , ...:.:..
<br />(Denver Metals Company)
<br />(Pueblo Railroad Service Company)
<br />(CF&I Fabricators of Colorado, Inc.)
<br />(CF&I Steel Corporation)
<br />(The Colorado and Wyoming Railway Company)
<br />iii iiniiiiiiiiiiii
<br />Chapter 11
<br />(Case No. 90B-6721)
<br />(Case No. 906-6722)
<br />(Case No. 90B-6723)
<br />(Case No. 906.6724)
<br />(Case No. 90B-6725)
<br />(Case No. 90B-6726)
<br />(Case No. 90B-6727)
<br />(Case No. 908-6728)
<br />(Case No. 90B-6729)
<br />(Case No. 90B-6730)
<br />TO ALL CREDITORS, STOCKHOLDERS, AND OTHER PARTIES IN INTEREST:
<br />NOTICE IS HEREBY GIVEN THAT:
<br />1. The United States Bankruptcy Court for the District of Utah (the "Court") has confirmed the Debtors' and
<br />Railroad Trustee's First Amended and Restated Joint Plan of Reorganization Dated December 1, 1992 (the "Plan")
<br />filed by CF&I Steel Corporation, on its own behalf and on behalf of The Colorado and Wyoming Railway Company,
<br />and by Albuquerque Metals Company, Denver Metals Company, Kansas Metals Company, Pueblo Metals Company,
<br />Colorado & Utah Land Company, CF81 Fabricators of Colorado, Inc., CF&I Fabricators of Utah, Inc., and Pueblo
<br />Railroad Service Company (collectively the "Debtors"), and William J. Westmark, as trustee pursuant to section 1163
<br />of the Bankruptcy Code, acting as representative of the estate of The Colorado and Wyoming Railway Company. An
<br />Order (the "Confirmation Order") confirming the Plan was signed by the Court and entered by the clerk of the Court
<br />on the Court's docket on February 12, 1993 (the "Confirmation Oate").
<br />2. At the present time, the projected Effective Date of the Plan, subject to change, is March 3, 1993. However,
<br />pursuant to paragraph 27 of the Plan, written notice of the date selected to be the Effective Date shall be filed with
<br />the Court. Parties in interest can obtain a copy of this notice from the Debtors by sending a request, in writing, to
<br />Phyllis Yardley, LeBoeuf, Lamb, Leiby & MacRae, 136 South Main Street, Suite 1000, Salt Lake City, Utah 84101,
<br />telecopy number (801) 359-8256.
<br />3. Pursuant to paragraph 73 of the Plan, holders of Claims and interests shall receive the distributions provided
<br />for in the Plan, if any, in full settlement and satisfaction of all such Claims and interests, and any interest accrued
<br />thereon. Pursuant to paragraph 74 of the Plan, except as otherwise expressly provided in the Plan, on the Effective
<br />Date all Persons (i) who have held, hold, or may hold Claims, or (ii) who have held, hold, or may hold CF81 Steel
<br />Corporation stock or stock of subsidiaries of CF&I Steel Corporation, in consideration for the obligations of the
<br />Debtors under the Plan, will be deemed to have forever waived, released, and discharged all rights or Claims, whether
<br />based upon tort, fraud, contract, or otherwise, which they heretofore, now, or hereafter possess or may possess
<br />against any of the Debtors. Notes, stock certificates, and other evidence of liens or Claims against or interests in any
<br />of the Debtors shall, effective upon the Effective Date, represent only the right to participate in the distributions or
<br />rights, if any, contemplated by the Plan.
<br />4. The Plan also provides, among other things, for the following deadlines for filing Claims. However, this list of
<br />deadlines may not be exhaustive and certain bar dates may have been modified by the Confirmation Order.
<br />Accordingly, parties should consult the Plan and Confirmation Order. Parties that have previously filed claims are
<br />not required to file additional claims.
<br />a. Bar Date for Claims Against Officers and Directors, and Other Employees. Pursuant to paragraph 61
<br />of the Plan, any and all Claims against individuals who have served as the Debtors' respective officers, directors,
<br />agents, employees, representatives, and fiduciaries, which pursuant to paragraph 60 of the Plan survive unaffected
<br />by the reorganization contemplated by the Plan, shall be filed on or before the Effective Date.
<br />
|