UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO
In reOTERO COUNTY HOSPITAL ASSOCIATION, INC. (d/b/a Gerald Champion Regional Medical Center, d/b/a Mountain View Catering),Debtor.
No. 11-11-13686-JA
NOTICE OF (A) SOLICITATION OF VOTES TO ACCEPT OR REJECT THE THIRD AMENDED CHAPTER 11 PLAN OF REORGANIZATION FOR OTERO COUNTY HOSPITAL ASSOCIATION, INC., DATED JUNE 20, 2012, (B) HEARING TO CONSIDER PLAN CONFIRMATION AND (C) DEADLINE FOR FILING OBJECTIONS TO THE PLAN
TO ALL CREDITORS OF THE DEBTOR HOLDING CLAIMS THAT ARE IMPAIRED UNDER THE PLAN AND OTHER PARTIES IN INTEREST:NOTICE IS HEREBY GIVEN that, on June 21, 2012, the United States Bankruptcy Court for the District of New Mexico (the "Bankruptcy Court") entered an order (the "Disclosure Statement Order") approving the disclosure statement (the "Disclosure Statement") relating to the Third Amended Chapter 11 Plan of Reorganization, dated June 20, 2012 (the "Plan"), for Otero County Hospital Association, Inc. (the "Debtor"). Please note that, where the context requires, each capitalized term used but not otherwise defined herein shall have the meaning ascribed to such term in the Plan.
NOTICE IS FURTHER GIVEN that, pursuant to the Disclosure Statement Order, solicitation materials consisting of the Disclosure Statement, the Plan and all exhibits thereto and an appropriate ballot for the purpose of voting to accept or reject the Plan have been mailed to all known holders of impaired claims against the Debtor entitled to vote on the Plan. If you are a holder of an impaired claim against the Debtor and have not received the foregoing solicitation materials, you may obtain the same by request to the following entity ("KCC"):
Kurtzman Carson Consultants LLC2335 Alaska AvenueEl Segundo, CA 90245888-647-1737GeraldChampionInfo@kccllc.com
Additionally, the Plan and the Disclosure Statement can be viewed at KCC's website, http://www.kccllc.net/gcrmc, for no charge. The Plan and the Disclosure Statement can also be viewed for a per page fee via PACER. To access PACER, log on at http://ecf.nmb.uscourts.gov/. For registration and use instructions, visit http://www.pacer.gov/index.html. If you are an attorney and have an account to use New Mexico's local electronic filing system (ACE), you may access the Plan and the Disclosure Statement one time at no charge via your ACE mailbox.NOTICE IS FURTHER GIVEN that all ballots cast to accept or reject the Plan must be properly completed, executed and mailed or delivered to Gerald Champion Balloting Center c/o Kurtzman Carson Consultants LLC, 2335 Alaska Avenue, El Segundo, CA 90245, so that they are ACTUALLY RECEIVED no later than July 26, 2012. If your ballot is not properly completed or received by such date, it will not be counted as a vote to accept or reject the Plan. Ballots transmitted by facsimile, telecopy transmission or electronic mail will not be accepted and will not be counted as a vote to accept or reject the Plan.
NOTICE IS FURTHER GIVEN that the Bankruptcy Court has fixed August 3, 2012, at 9:00 a.m., Prevailing Mountain Time, as the date and time for the hearing to consider confirmation of the Plan and related matters (the "Confirmation Hearing"). The Confirmation Hearing will be held before the Honorable Robert H. Jacobvitz, United States Bankruptcy Judge for the District of New Mexico, in the Sandia Courtroom, Dennis Chavez Federal Building and United States Courthouse, 500 Gold Avenue, SW, Thirteenth Floor, Albuquerque, New Mexico 87103. The Confirmation Hearing may be adjourned from time to time without further notice other than announcement made at the Confirmation Hearing or any adjourned hearing.NOTICE IS FURTHER GIVEN that objections, if any, to the confirmation of the Plan must be in writing, and must (a) state the name and address of the objecting party and the nature and amount of the claim or interest of such party, (b) state with particularity the basis and nature of each objection to confirmation of the Plan, (c) conform to the Federal Rules of Bankruptcy Procedure, the Local Rules of the United States Bankruptcy Court for the District of New Mexico and any orders of the Bankruptcy Court, and (d) be filed with the Bankruptcy Court no later than 4:00 p.m., Prevailing Mountain Time, on July 26, 2012. Objections that are not timely filed and served may not be considered by the Bankruptcy Court.
NOTICE IS FURTHER GIVEN that the Plan contains injunctions which, with certain exceptions, permanently enjoin any holder of any claim against, among other things, taking any of the following actions against or affecting the Debtor, its Estate, its Assets, or the Disbursing Agent, or any of their current or former respective members, directors, managers, officers, employees, agents, and professionals, successors and assigns or their respective assets and property with respect to such claims (other than actions brought to enforce any rights or obligations under the Plan): (i) commencing, conducting or continuing in any manner, directly or indirectly, any suit, action or other proceeding of any kind (including, without limitation, all suits, actions, and proceedings that are pending as of the effective date of the Plan, which must be withdrawn or dismissed with prejudice); (ii) enforcing, levying, attaching, collecting or otherwise recovering by any manner or means, whether directly or indirectly, any judgment, award, decree or order; (iii) creating, perfecting or otherwise enforcing in any manner, directly or indirectly, any encumbrance; and (iv) asserting any setoff, right of subrogation or recoupment of any kind. In addition, except as otherwise provided in the Plan, upon the occurrence of the effective date of the Plan, the Debtor shall be discharged from all claims and causes of action to the fullest extent permitted by section 1141 of the Bankruptcy Code, and all holders of claims shall be precluded from asserting against the Debtor, its Assets, or any property dealt with under the Plan, any further claim or other cause of action based upon any act or omission, transaction, event, thing, or other activity of any kind or nature that occurred or came into existence prior to the effective date of the Plan.
NOTICE IS FURTHER GIVEN that the Plan contains a further injunction permanently enjoining the holder of a Tax Claim (as defined in the Plan) from commencing or continuing any action or proceeding against any responsible person, officer or director of the Debtor that otherwise would be liable to such holder for payment of a Tax Claim so long as the Debtor is in compliance with Section 5.3 of the Plan.
Dated: June 21, 2012 Los Angeles, CaliforniaWHITE & CASE LLP
By: /s/ Craig H. Averch Craig H. Averch Roberto J. Kampfner 633 West Fifth Street, Suite 1900Los Angeles, California 90071-and-John D. WheelerJOHN D. WHEELER & ASSOCIATES, PC500 East Tenth Street, Suite 305Alamogordo, New Mexico 88310
Attorneys for the Debtor in Possession
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