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Re: james_west_1965 post# 30256

Sunday, 07/31/2016 11:25:17 AM

Sunday, July 31, 2016 11:25:17 AM

Post# of 38496
The desperation is amusing in the "analysis" or the Confirmation of the POR.

You must have failed to read the following:

9. Based upon the Liquidation Analysis annexed to the Plan, creditors will receive no less
under the Plan than they would if, on the Effective Date, the Debtor were liquidated under Chapter 7 of the Bankruptcy Code.

What you don't seem to understand is that in the Order the Judge made it very clear:

13. It is hereby ordered that the Plan Proponent shall be authorized to extinguish and cancel all classes of shareholders’ shares of stock interest in the Debtor and to issue new shares for 100% stock ownership of the Debtor to the Plan Proponent and/or its designee.

As anyone can see - Robins/Payroll Funding is to receive 100% of the newly issued shares - that means all of the old Common and Preferred shares will be cancelled on the Effective Date!

The plan proponent is Hofmeister - the Debtor is ARIO. When Payroll funding is issued 100% of the new shares in ARIO - that means all old equity interest will be cancelled.

It gets even weirder with "and to issue new shares for 100% stock ownership of AmeriResource to AmeriResource and/or its designee" (which is likely Payroll Funding). I thought AmeriResource was no longer owner, but Payroll? I repeat from pg.2 #4 "The Debtor, as proponent of the Plan ...", e.g. Debtor = proponent of the Plan.

The key phrase is SHALL BE AUTHORIZED. AmeriResource is NOT ordered, but is AUTHORIZED to now cancel all shares. So, AmeriResource does not have to cancel the shares, but is AUTHORIZED to do so if desired.

What isn't known is the Effective Date.

The point is that all Common shares will be cancelled. And yes, according to the POR they will be cancelled.

Hofmeister has acknowledged that, "All shareholders shares will be terminated."

It is futile to try and argue against facts - this is like the nonsense that was posted that the POR was "botched" - the Judge proved that wasn't close to being accurate.

IG

"Are you gonna pull those pistols or whistle Dixie?"

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