-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, MmHLB32DPi+vI5eh35JBn4iPL5vZ8NVW07LewDNUV6eUaKjoNjLs5cvc5N9m50IS bBQ9wbQZhTK6tkAxkeDWvg== 0001000459-08-000002.txt : 20080403 0001000459-08-000002.hdr.sgml : 20080403 20080403114359 ACCESSION NUMBER: 0001000459-08-000002 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20080403 ITEM INFORMATION: Other Events FILED AS OF DATE: 20080403 DATE AS OF CHANGE: 20080403 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ECOM ECOM COM INC CENTRAL INDEX KEY: 0001000459 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 650538051 STATE OF INCORPORATION: FL FISCAL YEAR END: 0531 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-23617 FILM NUMBER: 08736298 BUSINESS ADDRESS: STREET 1: 1016 CLEMMONS ST STREET 2: SUITE 302 CITY: JUPITER STATE: FL ZIP: 33477 BUSINESS PHONE: 561-880-0004 MAIL ADDRESS: STREET 1: 1016 CLEMMONS ST STREET 2: SUITE 302 CITY: JUPITER STATE: FL ZIP: 33477 FORMER COMPANY: FORMER CONFORMED NAME: US AMATEUR SPORTS INC DATE OF NAME CHANGE: 19950912 8-K 1 ec040308.txt ECOM ECOM.COM FORM 8K DATED APRIL 3, 2008 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of report: April 03, 2008 (Date of earliest event report) eCom eCom.com, Inc. ------------------------------------------------------- (Exact name of Registrant as specified in its charter) Florida 65-0538051 -------------------------------- ------------------- (State or other jurisdiction (IRS Employer of incorporation) Identification No.) 000-23617 --------------------- (Commission File No.) 1016 Clemmons Street Suite 302 Jupiter, FL 33477-3305 561-745-6789 -------------------------------------------------------------- (Address and Telephone Number of Principal Executive Offices) ------------------------------------------------------------- (Former name or former address, if changed since last report) Barney A. Richmond 1016 Clemmons St. Suite 302 Jupiter, FL 33477 561-880-0004 ----------------------------------------------------------- (Name, Address and Telephone Number of Agent for Service) INFORMATION TO BE INCLUDED IN THE REPORT ITEM 8.01. Other Events and Required FD Disclosure On March 31, 2008 Joint Plan Proponent American Capital Holdings, Inc. and Debtor, eCom eCom.com, Inc. ("Proponents") received a March 28, 2008 United States Southern District of Florida Bankruptcy Court Order Granting Debtor-In- Possession's Motion For Final Decree Closing Case (C.P. #361) and Final Decree (See Exhibits 1 and 2) issued by the Honorable Paul G. Hyman, Jr. which closed eCom's successful Plan of Reorganization in re: Case No. 04-35435-BKC-PGH. In accordance with American Capital Holdings, Inc's August 22, 2006 8-K filing American Capital Holdings, Inc. plans to distribute the Twenty Three Million Nine Hundred Ten Thousand Six Hundred Eighty (23,910,680) common shares as a special reorganization disbursement property dividend to American Capital Holdings, Inc. shareholders. Pursuant to the Plan, the shares were issued by eCom at .026 per share. The shares are subject to forward or reverse splits and are currently being held in escrow. As previously mentioned in the aforementioned August 22, 2006 8-K filing, the proposed record date for this proposed stock dividend was set five (5) business days subsequent to the Plan of Reorganization's final decree confirmation by the Bankruptcy Court. Due to the ten (10) day United States Bankruptcy Code notice requirements, the record date is set for 5:00 p.m. EST on April 14, 2008. This dividend is classified as a final eCom Plan of Reorganization disbursement property dividend, which will require the following instructions for each American Capital Holdings, Inc. shareholder. 1. In order to perfect delivery of your property dividend shares, if your shares are held in a brokerage account, you must have your broker forward to our offices verification of the amount of shares held in your account, your current mailing and e-mail addresses. The mailing address is required for proof of delivery of the dividend shares whereby we can file a final report with the United States Bankruptcy Court. The e-mail address is required for future communications regarding eCom and the other spin off companies. 2. If your shares are currently held individually in your name in certificate form, please notify American Capital Holdings, Inc. either through (a) United States regular mail at 1016 Clemmons Street, Suite 302, Jupiter, FL 33477-3305; or (b) by facsimile at 561.337.9356; or (c) by e-mail at dividend@achusa.com. These Twenty Three Million Nine Hundred Ten Thousand Six Hundred Eighty (23,910,680) eCom escrowed shares will be distributed on a pro-rata basis based on completion of the above listed criteria. Due to the extensive amount of certificate and address preparation, the estimated date to begin mailing these dividend shares is April 30, 2008. FORWARD-LOOKING STATEMENTS This report contains "forward-looking" statements, as that term is defined by federal securities laws. You can find these statements by looking for words such as "may," "will," "expect," "anticipate," "believe," "estimate" and similar words in this report. These forward-looking statements are subject to numerous assumptions, risks and uncertainties. Because the statements are subject to risks and uncertainties, actual results may differ materially from those expressed or implied by the forward-looking statements. Risks and uncertainties that could cause actual results to vary materially from those anticipated by the forward-looking statements included in this report include unexpected difficulties in preparing the additional cash reconciliation. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereto duly authorized. eCom eCom.com, Inc. (Registrant) Date: April 3, 2008 /s/ Richard C. Turner Richard C. Turner Chief Financial Officer - eCom eCom.com, Inc. EX-1 2 doc372.txt EXHIBIT 1 - COURT DOCUMENT 372 Case 04-35435-PGH Document 372 Filed 03/28/2008 ORDERED in the Southern District of Florida on MAR 28 2008 /s/ Paul G. Hyman Paul G. Hyman, Chief Judge United States Bankruptcy Court UNTED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION www.flsb.uscourts.gov In re: Chapter 11 eComeCom.Com, Inc., Debtor. Case No. 04-35435-BKC-PGH ORDER GRANTING DEBTOR-IN-POSSESSION'S MOTION FOR FINAL DECREE CLOSING CASE (C.P. #361) THIS MATTER came before the Court for hearing on March 28, 2008 on eComeCom.Com, Inc.'s Final Report of Estate and Motion for Final Decree Closing Case (the "Motion")(C.P. #361). The Court, having reviewed the Motion, having heard argument of counsel, having been advised that the United States Trustee has no objections to the Motion, and being otherwise duly advised in the premises does ORDER and ADJUDGE that: 1. The Motion is GRANTED. 2. Pursuant to Bankruptcy Rule 3022, the Court shall hereby direct the clerk to enter a final decree closing the Debtor's bankruptcy case (the "Final Decree"). The Final Decree shall be effective as of March 28, 2008 irrespective of the date the Final Decree is entered by the Court. 3. The Court finds that the Debtor's estate has tendered all fees due and owing to the United States Trustee's Office, as indicated in the Motion, and no further fees shall be due and owing with respect to the instant case. ### Submitted by: Eyal Berger 201 S. Biscayne Blvd., Suite 1700 Miami, Florida 33131 Phone: (305)379-9000 Fax: (305)379-3428 Email: eberger@kpkb.com {Bankruptcy\5418\0001/M0532535 v.l; 3/28/2008 02:02 PM} EX-2 3 doc373.txt EXHIBIT 2 - COURT DOCUMENT 373 - FINAL DECREE Case 04-35435-PGH Document 373 Filed 03/28/2008 Page 1 of 1 CGFD30 (9/28/06) ORDERED in the Southern District of Florida on March 28, 2008 /s/ Paul G. Hyman Jr ---------------------- Paul G Hyman Jr Chief United States Bankruptcy Judge United States Bankruptcy Court Southern District of Florida www.flsb.uscourts.gov Division: West Palm Beach Case Number: 04-35435-PGH Chapter: 11 In re: (Debtor(s) name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address) eCom eCom.com, Inc. 8125 Monetary Dr #H4 Riviera Beach, FL 33404 EIN:65-0538051 CLERK USBC SDFL FILED 3/28/08 FINAL DECREE A Final Report and Motion for Entry of Final Decree having been filed on behalf of the debtor, this chapter 11 case is closed. Michael D Seese is discharged as disbursing agent. Any future payments under the plan of reorganization shall be disbursed by the reorganized debtor. Any money due to creditors pursuant to the plan of reorganization and remaining unclaimed must be held in accordance with 11 U.S.C. section 347(b) and 11 U.S.C. section 1143. If the plan provides for the complete liquidation of property of the debtor, any unclaimed funds shall be deposited with the court pursuant to Local Rule 3011-1(B). Copies to: Debtor Attorney for Debtor Disbursing Agent U.S. trustee ### -----END PRIVACY-ENHANCED MESSAGE-----