UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

Miami Division 

www.flsb.uscourts.gov

In re: 

 Chapter 11 

AMERICA-CV STATION GROUP, INC., Case No. 19-16355-BKC-AJC 

CARIBEVISION HOLDINGS, INC., Case No. 19-16359-BKC-AJC 

AMERICA-CV NETWORK, LLC, Case No. 19-16976-BKC-AJC 

CARIBEVISION TV NETWORK, LLC, Case No. 19-16977-BKC-AJC 

 

Debtors. (Jointly Administered Under Case 

No. 19-16355-BKC-AJC) 

____________________________________/ 

ORDER: (A) APPROVING FIRST AMENDED JOINT DISCLOSURE STATEMENT ON 

A FINAL BASIS; (B) AUTHORIZING SOLICITATION OF VOTES ON PLANS OF 

REORGANIZATION; (C) APPROVING SOLICITATION PROCEDURES; AND (D) 

SCHEDULING A HEARING ON CONFIRMATION OF THE PLANS OF 

REORGANZATION 

CONFIRMATION 

HEARING AND HEARING ON FEE APPLICATIONS 

May 28, 2020 at 2:00 p.m. 

A. Jay Cristol, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on April 10, 2020.

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LOCATION: 

United States Bankruptcy Court 

301 N Miami Ave, Courtroom 7 

Miami, FL 33128 

PROPONENTS’ DEADLINE FOR SERVING THIS ORDER, 

DISCLOSURE STATEMENT, APPLICABLE PLAN(S), AND BALLOT: 

April 17, 2020 (40 days before Confirmation Hearing) 

DEADLINE FOR OBJECTIONS TO CLAIMS: 

April 17. 2020 (40 days before Confirmation Hearing) 

DEADLINE FOR FEE APPLICATIONS: 

May 7, 2020, (21 days before Confirmation Hearing) 

PROPONENTS’ DEADLINE FOR SERVING NOTICE OF FEE APPLICATIONS: 

May 14, 2020, (14 days before Confirmation Hearing) 

DEADLINE FOR OBJECTIONS TO CONFIRMATION: 

May 14, 2020 (14 days before Confirmation Hearing) 

DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING PLANS: 

May 14, 2020 (14 calendar days before Confirmation Hearing) 

PROPONENTS’ DEADLINE FOR FILING 

PROPONENT’S REPORT AND CONFIRMATION AFFIDAVIT: 

May 25, 2020 (3 business days before Confirmation Hearing) 

THIS MATTER came before the Court on April 1, 2020 at 2:00 p.m. upon the: (i) Motion 

dated February 26, 2020 (the “Motion”)1

 [ECF No. 130] of AMERICA-CV STATION GROUP, 

INC., CARIBEVISION HOLDINGS, INC., AMERICA-CV NETWORK, LLC and 

CARIBEVISION TV NETWORK, LLC (collectively, the “Debtors” or “Proponents”) for entry 

of an order, pursuant to 11 U.S.C. §§ 105, 1125, and 1128 of the United States Bankruptcy Code 

(the “Bankruptcy Code”), and Rules 2002, 3017, 3018, 3020, and 9006 of the Federal Rules of 

Bankruptcy Procedure (the “Bankruptcy Rules”) and the Local Rules: (a) conditionally approving 

the Joint Disclosure Statement For Chapter 11 Plans Of Reorganization Proposed By America-

 

1

 All capitalized terms not defined in this Order have the same meanings ascribed to them in the Motion. 

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CV Station Group, Inc., Caribevision Holdings, Inc., America-CV Network, LLC And Caribevision 

TV Network, LLC dated February 26, 2020 and filed contemporaneously with the Motion [ECF 

No. #129] (the “Disclosure Statement”), (b) authorizing solicitation of votes on the: (I) Chapter 

11 Plan Of Reorganization Proposed By America-CV Station Group, Inc., (II) Chapter 11 Plan Of 

Reorganization Proposed By Caribevision Holdings, Inc., (III) Chapter 11 Plan Of Reorganization 

Proposed By America-CV Network, LLC, and (IV) Chapter 11 Plan Of Reorganization Proposed 

By Caribevision TV Network, LLC, each dated February 26, 2020 [ECF Nos. #125, 126, 127, 128] 

(collectively, the “Plans”); (c) approving solicitation procedures for voting on the Plans; and (d) 

scheduling a combined hearing for final approval of the Disclosure Statement and hearing on 

confirmation of the Plans (the “Combined Hearing”); (ii) the Order (I) Conditionally Approving 

Disclosure Statement; (II) Setting Hearing To Consider Final Approval Of Disclosure Statement; 

And (III) Setting Deadline For Filing Objections To Disclosure Statement [ECF No. 147]; (iii) the 

Objection to the Disclosure Statement filed by ESRT Empire Statement Building, LLC (the 

“Empire Objection”) [ECF No. 150]; and (iv) the First Amended Joint Disclosure Statement for 

Chapter 11 Plans of Reorganization Proposed By America-CV Station Group, Inc., Caribevision 

Holdings, Inc., America-CV Network, LLC And Caribevision TV Network, LLC [ECF No. 156] 

(the “Amended Disclosure Statement”). 

This Court finds that (i) it has jurisdiction over the matters raised in the Motion under 28 

U.S.C. §§ 157 and 1334; (ii) venue of this matter is proper under 28 U.S.C. §§ 1408 and 1409; (iii) 

this matter is a core proceeding under 28 U.S.C. § 157(b)(2); (iv) the relief requested in the Motion 

is in the best interests of the Debtors, their estates, their creditors and other parties-in-interest; (v) 

adequate and proper notice of the Motion and a hearing on it has been given and no further notice 

is necessary; (vi) the Amended Disclosure Statement contains adequate information as that term 

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is defined in Bankruptcy Code § 1125 on a final basis; and (viii) good and sufficient cause exists 

for granting the relief requested in the Motion as set forth in this Order, it is 

 ORDERED as follows: 

1. The Motion is GRANTED, as set forth herein. 

1. The Amended Disclosure Statement contains adequate information as that term is 

defined in Bankruptcy Code § 1125 and is approved on a final basis to be used in connection with 

the post-petition solicitation of votes to accept or reject the Plans. 

2. For the reasons stated on the record, the Empire Objection is overruled. 

3. The Proponents are hereby authorized to engage in the solicitation of votes on the 

Plans. 

DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING PLANS 

4. May 14, 2020 is fixed as the last day for filing written acceptances or rejections of 

the Plans referred to above (14 calendar days before hearing on confirmation of the Plans 

("Confirmation Hearing"). 

PLAN PROPONENTS’ OBLIGATIONS 

5. On or before the date indicated above as "PROPONENTS’ DEADLINE 

FOR SERVING THIS ORDER, DISCLOSURE STATEMENT, PLANS, AND BALLOT" the 

Proponents shall serve a copy of this order, the approved disclosure statement and the applicable 

plan(s) on all creditors, all equity security holders, the U.S. Trustee, and all other parties in interest, 

as required by the Bankruptcy Rules (including those entities as described in Bankruptcy Rule 

3017(f)) and the Local Rules, including those listed on a “Master Service List” required to be filed 

pursuant to Local Rules 2002-1(H). At the time of serving this order, the Local Form “Ballot and 

Deadline for Filing Ballot Accepting or Rejecting Plan,” customized as required by Local Rule 

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3018-1, shall be served via U.S. Mail on all creditors and equity security holders entitled to vote 

on the plan(s). 

6. On or before 5:00 p.m. on the date indicated above as “PROPONENTS’ 

DEADLINE FOR FILING PROPONENTS’ REPORT AND CONFIRMATION AFFIDAVIT,” 

the Proponents shall file with the court the Local Form “Certificate of Proponent of Plans on 

Acceptance of Plans, 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 Proponents rely 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 Plans and other material facts 

relating to confirmation of the Plans. The individual executing the “Confirmation Affidavit” shall 

be present at the confirmation hearing. 

7. If the Proponents do 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 Plans. 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. 

HEARING TO CONSIDER CONFIRMATION OF PLANS 

8. The hearing on final approval of the disclosure statement and confirmation of the 

Plans (45 days after the Plans are filed unless extended by the court prior to the expiration of this 

deadline) has been set for the date and time indicated above as "CONFIRMATION HEARING." 

9. The confirmation hearing may be continued to a future date by notice given in open 

court at the confirmation hearing. 

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10. Pursuant to Local Rules 3017-2(B) and 3020-1(A), May 14, 2020 is fixed as the 

last day for filing and serving written objections to the disclosure statement and confirmation of 

the Plans (14 calendar days before the confirmation hearing), provided however, that the Office of 

the United States Trustee shall not be required to file a written objection to either the disclosure 

statement or confirmation of the Plans. Objections shall be served as required by Bankruptcy Rule 

3017.1 and served on (i) counsel for the Debtors, Genovese Joblove & Battista, P.A., 100 S.E. 

Second Street, 44th Floor, Miami, Florida 33131, Attn: Paul J. Battista, Esq., pbattista@gjblaw.com; and (ii) the Office of the United States Trustee, Steven D. Schneiderman, Esq., Office of 

the U.S. Trustee, U.S. Trustee's Office, 51 S.W. First Avenue, Suite 1204, Miami, FL 33130, 

Steven.D.Schneiderman@usdoj.gov. 

DEADLINE FOR OBJECTIONS TO CLAIMS 

11. 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. 

DEADLINE FOR FILING AND HEARING ON FEE APPLICATIONS 

12. 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 Plans 

Proponent (if other than the debtor); (iii) all committees; (iv) any chapter 11 trustee or examiner; 

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and (v) the U.S. Trustee. 

13. Fee applications will be set for hearing together with the confirmation hearing. 

14. The Proponents are authorized and empowered to take such steps and perform such 

acts as may be necessary to implement and effectuate the terms of this Order. 

15. To the extent this Order is inconsistent with any other prior order or pleading with 

respect to the Motion in these cases, the terms of this Order shall govern. 

16. The Court retains jurisdiction with respect to all matters arising from or related to 

the implementation of this Order. 

NOTICE PURSUANT TO FED. R. BANKR. P. 2002(c)(3) THAT PLAN PROVIDES FOR 

RELEASES 

17. The (I) Chapter 11 Plan Of Reorganization Proposed By America-CV Station 

Group, Inc., (II) Chapter 11 Plan Of Reorganization Proposed By Caribevision Holdings, Inc., (III) 

Chapter 11 Plan Of Reorganization Proposed By America-CV Network, LLC, and (IV) Chapter 

11 Plan Of Reorganization Proposed By Caribevision TV Network, LLC each provide for releases 

and contain the following language: 

Releases by the Debtor and the Estate. 

Notwithstanding anything contained in the Plan to the contrary, as of the Effective 

Date, for the good and valuable consideration provided by and on behalf of each of 

the Released Parties, each of the Debtor and its current and former Affiliates and 

Representatives and the Estates shall be deemed to have provided a full, complete, 

unconditional and irrevocable release to the Released Parties (and each such Released 

Party so released shall be deemed released by the Debtor and their current and 

former Affiliates and Representatives and the Estate) from any and all Causes of 

Action and any other debts, obligations, rights, suits, damages, actions, remedies and 

liabilities whatsoever, whether accrued or unaccrued, whether known or unknown, 

foreseen or unforeseen, existing before the Effective Date, as of the Effective Date or 

arising thereafter, in law, at equity, whether for tort, contract, violations of statutes 

(including but not limited to the federal or state securities laws), or otherwise, based 

in whole or in part upon any act or omission, transaction, or other occurrence or 

circumstances existing or taking place prior to or on the Effective Date arising from 

or related in any way to the Debtor, including, without limitation, those that the 

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Debtor would have been legally entitled to assert or that any current or former holder 

of a Claim or Equity Interest or other Entity would have been legally entitled to assert 

for or on behalf of any of the Debtor or the Estate, including those in any way related 

to the Chapter 11 Case or the Plan, provided, however, that nothing herein or in the 

Plan shall be interpreted as a release of the Released Parties’ or Reorganized Debtors’ 

rights or obligations under the Plan. 

Releases by Holders of Claims and Equity Interests. 

To the fullest extent permitted by applicable law, as of the Effective Date, each Person, 

including any Person who is listed in the Debtor’s Schedules (whether as disputed, 

contingent, unliquidated, notice party or otherwise) and any Person who is a current 

or former holder of a direct or indirect Equity Interest in the Debtor, who has notice 

of the Chapter 11 Case and the Plan, who votes to accept the Plan or accepts a 

Distribution under the Plan, or is deemed to accept the Plan, or abstains from voting 

on the Plan, in each case whether or not such Person filed a Claim or an Equity 

Interest in the Chapter 11 Case, shall be deemed to fully, completely, unconditionally, 

irrevocably, and forever release each of the Released Parties of and from any and all 

Claims and Causes of Action and any other debts, obligations, rights, suits, damages, 

actions, remedies and liabilities whatsoever, whether accrued or unaccrued, whether 

known or unknown, foreseen or unforeseen, existing before the Effective Date, as of 

the Effective Date or arising thereafter, in law, at equity, whether for tort (including 

breach of fiduciary duty), contract, violations of statutes (including but not limited to 

the federal or state securities laws), or otherwise, based in whole or in part upon any 

act or omission, transaction, or other occurrence or circumstances existing or taking 

place prior to or on the Effective Date arising from or related in any way to the Debtor 

and its Representatives, including the State Court Claims Order, the Romay Claims, 

or the Mediaset Transfer, whether direct, derivative, accrued or unaccrued, 

liquidated or unliquidated, fixed or contingent, matured or unmatured, disputed or 

undisputed, known or unknown, foreseen or unforeseen, in law, equity or otherwise; 

provided, however, that nothing herein or in the Plan shall be interpreted as a release 

of the Released Parties’ or Reorganized Debtors’ rights or obligations under the Plan. 

Entry of the Confirmation Order shall constitute the Bankruptcy Court’s approval 

of the releases set forth in the Plan to the Released Parties pursuant to Bankruptcy 

Rule 9019 and its finding that they are: (a) in exchange for good and valuable 

consideration (including the Equity Contribution), representing a good faith 

settlement and compromise of the Claims and Causes of Action released by the Plan; 

(b) in the best interests of the Debtor and all holders of Claims and current or former, 

direct and indirect holders of Equity Interests; (c) fair, equitable and reasonable; (d) 

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approved after due notice and opportunity for hearing; and (e) a bar to the assertion 

of any Claim or Cause of Action thereby released. 

### 

Submitted by: 

Paul J. Battista, Esq. 

Genovese Joblove & Battista, P.A. 

Counsel to Debtors-in-Possession 

100 SE 2nd Street, 44th Floor 

Miami, Florida 33131 

305-349-2300 (p) 

305-349-2310 (f) 

pbattista@gjb-law.com

Copy to: Paul J. Battista, Esq. 

(Attorney Battista is directed to serve a conformed copy of this Order on all parties in interest)

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