**ORDERED in the Southern District of Florida on December28, 2006.**

 

 

**                                                                                                                         Steven H. Friedman, Judge**

**                                                                                                                                                              United States****Bankruptcy Court**
UNITED STATESBANKRUTPCY COURT

SOUTHERN DISTRICT OFFLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.govIN RE:                                                            CASE NO. 04-35435-BKC-SHF
eCom eCom.com, Inc.                   CHAPTER 11

   Debtor._________________________

**ORDER (I) APPROVING DISCLOSURE STATEMENT1;**

**(II) SETTING HEARINGON CONFIRMATION OF PLAN;**

**(III) SETTINGHEARING ON FEE APPLICATIONS;**

**(IV) SETTING VARIOUSDEADLINES; AND**

**(V) DESCRIBING PLAN PROPONENTS' OBLIGATIONS**

1 The DisclosureStatement for Joint Plan of Reorganization of Debtor and American CapitalHoldings, Inc. was scheduled for hearing on October 30, 2006. The onlysubstantive objection filed was by the United States Trustee. Counsel for the jointproponents and the United States Trustee met and conferred and were able toresolve the objections toDisclosure Statement. By agreement of the parties, the joint proponents havefiled their First Amended Plan of Reorganizationand First Amended Disclosure Statement. This Order approves the First Amended Disclosure Statement (the "DisclosureStatement").

**CONFIRMATION HEARINGAND HEARING ON FEE APPLICATIONS**

03/12/07 at 1:30 p.m.

LOCATION:

United States Bankruptcy Court
Southern District ofFlorida

1515 North Flagler Drive

Room 801

Courtroom B

West  Palm Beach, Florida 33401

 

**PLAN PROPONENTS'DEADLINE FOR SERVING THIS ORDER,**

**DISCLOSURE STATEMENT, PLAN, AND BALLOT:**

**01/17/07**   (54 days beforeConfirmation Hearing)
 
**DEADLINE FOROBJECTIONS TO CLAIMS:**

**01/31/07  (**40 days beforeConfirmation Hearing)

**   DEADLINE FOR FEE APPLICATIONS:**

**02/20/07**   (20 days before Confirmation Hearing)
 
**PLAN PROPONENTS'DEADLINE FOR SERVING**

**NOTICE OF FEE APPLICATIONS:**

**02/26/07**    (15 days beforeConfirmation Hearing)

**DEADLINE FOROBJECTIONS TO CONFIRMATION:**

**03/02/07  (**10 days beforeConfirmation Hearing)

 **DEADLINE FOR FILINGBALLOTS ACCEPTING OR REJECTING PLAN:**

**03/02/07**  (10 days before Confirmation Hearing)

  

**PLAN PROPONENTS'DEADLINE FOR FILING**

**PROPONENTS' REPORT AND CONFIRMATION AFFIDAVIT:**

**03/02/07**  (3 business days before Confirmation Hearing)    

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The Court conducted ahearing on October 30, 2006 at 2:00PM to consider approval of the DisclosureStatement (C.P. #137) filed by eComeCom.com, Inc. ("Debtor") and AmericanCapital Holdings, Inc. ("ACH" and, collectively, with the Debtor, "the PlanProponents"). The Court finds that the Disclosure Statement contains "adequateinformation" regarding the plan in accordance with 11 U.S.C. Sec. 1125(a).Therefore, pursuant to 11 U.S.C. Sec. 1125(b) and Bankruptcy Rule 3017(b), theDisclosure Statement is approved. 

This Order sets ahearing to consider confirmation of the plan (the "Confirmation Hearing"), ahearing on fee applications and sets forth the deadlines and requirementsrelating to confirmation provided in the Bankruptcy Code, Federal Rules ofBankruptcy Procedure and local rules of this Court. 

**1. HEARING TOCONSIDER CONFIRMATION OF PLAN**

The court has set ahearing to consider confirmation of the plan for the date and time indicatedabove as "CONFIRMATION HEARING". The Confirmation Hearing may be continued to afuture date by notice given in open court at the Confirmation Hearing. 

**2. DEADLINE FORFILING AND HEARING ON FEE APPLICATIONS**

The last day forfiling and serving fee applications is indicated above as "DEADLINE FOR FEEAPPLICATIONS". All prospective applicants for compensation, including attorneys,accountants and other professionals, shall file applications which includeactual time and costs, plus an estimate of additional time and costs to beincurred through confirmation. At or prior to confirmation, applicants must filea supplement with documentation supporting the estimated time and costs. Feeapplications shall be timely filed with the Court and served (with all exhibits,including documentation of estimated time) on (i) the Debtor; (ii) allcommittees that 

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have been appointed;(iii) any Chapter 11 Trustee or Examiner that has been appointed; and (iv) theU.S. Trustee. 

Fee applications willbe set for hearing together with the Confirmation Hearing. The Plan Proponentsshall serve notice of all fee applications pursuant to paragraph 6 below. 

**3. DEADLINE FOROBJECTIONS TO CONFIRMATION**

The last day forfiling and serving objections to confirmation of the plan is indicated above as"DEADLINE FOR OBJECTIONS TO CONFIRMATION". Objections to confirmation shall befiled with the Court and served on (i) the Plan Proponents; (ii) all committeesthat have been appointed; (ii) any Chapter 11 Trustee or examiner that has beenappointed; and (iv) the U.S. Trustee. 

**4. DEADLINE FORFILING BALLOTS ACCEPTING OR REJECTING PLAN**

The last day forfiling a ballot accepting or rejecting the plan is indicated above as "DEADLINEFOR FILING BALLOTS ACCEPTING OR REJECTING PLAN". All parties entitled to voteshould receive a ballot from the Plan Proponents by mail pursuant to paragraph6(A) of this order. If you receive a ballot but your entire claim has beenobjected to, you will not have the right to vote until the objection isresolved, unless you request an order under Bankruptcy Rule 3018(a) temporarilyallowing your claim for voting purposes. 

**5. DEADLINE FOROBJECTIONS TO CLAIMS**

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

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 **6. PLANPROPONENTS' OBLIGATIONS**

**(A)** On orbefore the date indicated above as "PROPONENTS' DEADLINE FOR SERVING THIS ORDER,DISCLOSURE STATEMENT, PLAN, AND BALLOT" the Plan Proponents shall serve a copyof this Order, the approved Disclosure Statement, and the plan on all creditors,all equity security holders, and all other parties in interest, as required bythe Bankruptcy Rules (including those entities as described in Bankruptcy Rule3017(f)) and the Local Rules, including those listed on a "Master Service List"required to be filed pursuant to Local Rules 2002-l(K). At the time of servingthis Order, the Local Form "Ballot", customized as required by Local Rule 3018-1shall be served on all creditors and equity security holders entitled to vote onthe plan, as of the PROPONENTS' DEADLINE FOR SERVING THIS ORDER, DISCLOSURESTATEMENT, PLAN, AND BALLOT, as shown by the records of the Debtor's stocktransfer agent. 

**(B)** On orbefore the date indicated above as "PROPONENTS' DEADLINE FOR SERVING NOTICE OFFEE APPLICATIONS", the Plan Proponents shall serve a notice of hearing of allfee applications, identifying each applicant and the amounts requested. Thenotice shall be served on all creditors, all equity security holders (as of thePROPONENTS' DEADLINE FOR SERVING THIS ORDER, DISCLOSURE STATEMENT, PLAN, ANDBALLOT, as shown by the records of the Debtor's stock transfer agent), and allother parties in interest as required by the Bankruptcy and Local Rules,including those listed on a "Master Service List" required to be filed pursuantto Local Rules 2002-1 (K). 

**(C)** On orbefore 5:00 p.m. on the date indicated above as "PROPONENTS' DEADLINE FOR FILINGPROPONENTS' REPORT AND CONFIRMATION AFFIDAVIT", 

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the Plan Proponentsshall file with the Court and deliver a copy to the U.S. Trustee the Local Form"Certificate of Proponent of Plan on Acceptance of Plan, Report on Amount to beDeposited, Certificate of Amount Deposited and Payment of Fees," and the LocalForm "Confirmation Affidavit". The "Confirmation Affidavit" shall set forth thefacts upon which the Plan Proponents rely to establish that each of therequirements of 11 U.S.C. Sec. 1129 are satisfied. The Confirmation Affidavitshould be prepared so that by reading it, the Court can easily understand thesignificant terms of the plan and other material facts relating to confirmationof the plan. The individual executing the "Confirmation Affidavit" shall bepresent at the Confirmation Hearing. 

If the PlanProponents do not timely comply with any of the requirements of this Order, theCourt may impose sanctions at the Confirmation Hearing without further noticeincluding dismissal, conversion of the case to Chapter 7, or the striking of theplan. The Court will also consider dismissal or conversion at the ConfirmationHearing at the request of any party, or on the Court's own motion. 

### 

**Submitted by:**

MICHAEL D. SEESE,ESQ. 

Fla. Bar No. 997323 

Kluger, Peretz,Kaplan & Berlin, P.L. 

201 South BiscayneBoulevard, 8th Floor 

Miami, Florida 33131 

Telephone No. (305)379-9000 

Facsimile No. (305)379-3428 

Copies furnished to**Michael D. Seese, Esq.** [Attorney Seese is directed to serve a confirmingcopy of this Order upon counsel for the Debtor and the United States Trustee.]

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