Case: 08-10474-mkn
Doc #: 291
Filed: 08/26/2008
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FENNEMORE CRAIG , P.C.
LAS V E G A S
FENNEMORE CRAIG, P.C. Laurel E. Davis (NV Bar No. 3005) Jon T. Pearson (NV Bar No. 10182) 300 South Fourth Street, Suite 1400 Las Vegas, Nevada 89101 Telephone: (702) 692-8000 E-mail: ldavis@fclaw.com Counsel for Debtor and Debtor-in-Possession
E-filed August 26, 2008
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA In re XYIENCE INCORPORATED, a Nevada corporation, Debtor. Chapter 11 No. BK-S-08-10474-MKN
Date of Hearing: August 26, 2008 Time of Hearing: 1:30 a.m. Location: 300 Las Vegas Blvd. South Courtroom #2 Las Vegas, Nevada 89101
DEBTOR’S SUPPLEMENT IN SUPPORT OF CONFIRMATION OF ITS PLAN OF REORGANIZATION Xyience Incorporated, the debtor and debtor-in-possession in the above-captioned voluntary chapter 11 case (the “Debtor”), submits this Supplement in Support of Confirmation of its Plan of Reorganization. The Debtor and the Official Committee of Unsecured Creditors (“Committee”) have resolved the Committee’s objection to confirmation of the plan by certain amendments to the Liquidating Trust Agreement. /// ///
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Case: 08-10474-mkn
Doc #: 291
Filed: 08/26/2008
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FENNEMORE CRAIG , P.C.
L AS V EGAS
Attached are a clean and blackline version of the revised Liquidating Trust Agreement. Respectfully submitted, FENNEMORE CRAIG, P.C. By: /s/ Laurel E. Davis Laurel E. Davis
Counsel for Debtor and Debtor-in-Possession
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Case: 08-10474-mkn
Doc #: 291
Filed: 08/26/2008
Page: 3 of 5
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FENNEMORE CRAIG , P.C.
L AS V EGAS
CERTIFICATE OF SERVICE 1. On August 26, 2008, I served the following document(s):
DEBTOR’S SUPPLEMENT IN SUPPORT OF CONFIRMATION OF ITS PLAN OF REORGANIZATION
2. [x]
I served the above-named document(s) by the following means to the persons as listed below: a. ECF System (attach the "Notice of Electronic Filing" or list all persons and addresses): saebig@williamskastner.com
SHEENA R. AEBIG:
OGONNA M. ATAMOH: oatamoh@nevadafirm.com, bkecf@nevadafirm.com; paltstatt@nevadafirm.com; sliberio@nevadafirm.com; rmoss@nevadafirm.com KEITH MILES AURZADA: ANTHONY W. AUSTIN: JASON C. FARRINGTON: GREGORY E GARMAN: DOUGLAS D. GERRARD: JAMES D. GREENE: MATTHEW L. JOHNSON: kaurzada@pogolaw.com, grojas@pogolaw.com aaustin@lrlaw.com jason@corylaw.us bankruptcynotices@gordonsilver.com, bknotices@gordonsilver.com DGERRARD@GERRARD-COX.COM, ekaymedellin@gerrard-cox.com bknotice@bhfs.com bankruptcy@mjohnsonlaw.com, mjohnson@mjohnsonlaw.com; candice@mjohnsonlaw.com; mvermillion@mjohnsonlaw.com plawson@huntertonlaw.com
PAMELA R. LAWSON:
MATTHEW E. MCCLINTOCK: mmcclintock@bellboyd.com, sthoma@bellboyd.com AMBRISH S. SIDHU: ROBERT SPEAR: ecfnotices@sidhulawfirm.com rspear@hutchlegal.com, krigg@hutchlegal.com
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Case: 08-10474-mkn
Doc #: 291
Filed: 08/26/2008
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FENNEMORE CRAIG , P.C.
L AS V EGAS
U.S. TRUSTEE - LV – 11: MATTHEW C. ZIRZOW: [] addresses): [] b.
USTPRegion17.lv.ecf@usdoj.gov bankruptcynotices@gordonsilver.com, bknotices@gordonsilver.com
United States mail, postage fully prepaid: (list persons and
c.
Personal Service (List persons and addresses): [] For a party represented by an attorney, delivery was made by handling the document(s) to the attorney or by leaving the document(s) at the attorney's office with a clerk or other person in charge, or if no one is in charge by leaving the document(s) in a conspicuous place in the office. For a party, delivery was made by handing the document(s) to the party or by leaving the document(s) at the person's dwelling house or usual place of abode with someone of suitable age and discretion residing there.
[]
[x]
d.
By direct email (as opposed to through the ECF system) (list persons and email addresses): Augie.landis@usdoj.gov Based upon the written agreement of the parties to accept service by email or a court order, I caused the document(s) to be sent to the persons at the email addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.
AUGUST LANDIS:
[]
e.
By fax transmission (list persons and fax numbers): Based upon the written agreement of the parties to accept service by fax transmission or a court order, I faxed the document(s) to the persons at the fax numbers listed below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission is attached.
[]
f.
By messenger: I served the document(s) by placing them in an envelope or package addressed to the persons at the addresses listed below and providing them to a messenger for service. (A declaration by the messenger must be attached to this Certificate of
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Case: 08-10474-mkn
Doc #: 291
Filed: 08/26/2008
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FENNEMORE CRAIG , P.C.
L AS V EGAS
Service). I declare under penalty of perjury that the foregoing is true and correct. DATED this 26th day of August, 2008. /s/ Mia Hurtado An Employee of Fennemore Craig, P.C.
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