-----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, N6IuH5Q6r4RPj5Iikzw/IVTWtP2QoGq7Za10L8Zj2SDdsgoEDn6LmjGeaW3pgn47 IrtVQFuXDMxvKO5LFVBFEw== 0000950152-05-008571.txt : 20051031 0000950152-05-008571.hdr.sgml : 20051031 20051031143915 ACCESSION NUMBER: 0000950152-05-008571 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20051027 ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20051031 DATE AS OF CHANGE: 20051031 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PHAR MOR INC CENTRAL INDEX KEY: 0000764960 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-DRUG STORES AND PROPRIETARY STORES [5912] IRS NUMBER: 251466309 STATE OF INCORPORATION: PA FISCAL YEAR END: 0629 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-27050 FILM NUMBER: 051165979 BUSINESS ADDRESS: STREET 1: 20 FEDERAL PLZ W CITY: YOUNGSTOWN STATE: OH ZIP: 44501 BUSINESS PHONE: 3307466641 MAIL ADDRESS: STREET 1: 20 FEDERAL PLAZA WEST STREET 2: 20 FEDERAL PLAZA WEST CITY: YOUNGSTOWN STATE: OH ZIP: 44503 8-K 1 l16797ae8vk.txt PHAR-MOR, INC. FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D. C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 October 31, 2005 ------------------------------------ Date of Report October 27, 2005 ------------------------------------ (Date of Earliest Event Reported): PHAR-MOR, INC. - ----------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) Pennsylvania 0-27050 25-1466309 - ----------------------------------------------------------------------------- (State or other jurisdiction of (Commission File (I.R.S. Employer incorporation or organization) Number) Identification No.) 20 Federal Plaza West, Youngstown, Ohio 44501-0400 - ----------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) 330-746-6641 - ----------------------------------------------------------------------------- (Registrant's telephone number, including area code) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ITEM 7.01 Regulation FD Disclosure As previously reported, on September 24, 2001 Phar-Mor, Inc. (the "Company") filed voluntary petitions for bankruptcy protection, on behalf of itself and its eight operating subsidiaries, under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District of Ohio (Case Nos. B-01-4-4007 through B-01-4-4015). On March 13, 2003, the United States Bankruptcy Court entered an Order Confirming First Amended Joint Plan of Liquidation (the "Order") proposed jointly by the Debtors (Phar-Mor, Inc. and its named affiliates and subsidiaries) and its Official Committee of Unsecured Creditors. The Order, among other things, approves the distribution of funds to certain classes of creditors as set forth in such Plan and provides for a Plan Effective Date of March 28, 2003. The Company paid certain administrative claims in full on March 31, 2003 along with payment of certain agreed unsecured claims in the form of an initial distribution of seven percent (7%) of the agreed amount of the unsecured claim. The Company made additional distributions of seven percent (7%), five percent (5%), three percent (3%) and three percent (3%), respectively, of the agreed amount of unsecured claims in October 2003, April 2004, October 2004 and April 2005 and continues to pay claims as they are settled in accordance with the Plan. Attached to this report is a copy of the Transmittal of Quarterly Post Confirmation Report with Certification for the quarter ended October 1, 2005 as filed with the U.S. Bankruptcy Court. 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 thereunto duly authorized. PHAR-MOR, INC. Dated: October 31, 2005 By: /s/ John R. Ficarro ------------------------------ John R. Ficarro Senior Vice President and Chief Administrative Officer By: /s/ Martin S. Seekely ------------------------------ Martin S. Seekely Vice President and Chief Financial Officer EXHIBIT INDEX Exhibit 99.1 Transmittal of Quarterly Post Confirmation Report with Certification for the Quarter Ended October 1, 2005. EX-99.1 2 l16797aexv99w1.txt EX-99.1 TRANSMITTAL OF QUARTERLY POST CONFIRMATION REPORT Exhibit 99.1 TRANSMITTAL OF QUARTERLY POST CONFIRMATION REPORT WITH CERTIFICATION FOR THE QUARTER ENDED: October 1, 2005 In re: PHAR-MOR, INC., et al ) Case No.: 01-44007 through 01-44015 ) ) Chapter 11 ) Debtors ) KAY WOODS, ) U.S. Bankruptcy Judge Debtors, affirm that: 1. The attached Chapter 11 Post Confirmation Report for the quarter ended October 1, 2005, which includes the Total Disbursement for Quarter, the Summary Amounts Distributed Under the Plan, and the Summary of Status on Consummation of Plan has been reviewed and the report as prepared fairly and accurately reflects the Debtors' complete disbursement/distribution activity and status for the period stated. 2. The individual responsible for preparing the attached report was Martin S. Seekely whose title is Chief Financial Officer. Any questions regarding the attached report should be directed to Martin S. Seekely at telephone number (330) 740-2920. 3. The Debtors are in compliance with the provisions of the confirmed Chapter 11 Plan except as listed below: None 4. The undersigned is authorized to file this report on behalf of the Debtors. IT IS CERTIFIED HEREBY, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DEBTORS: Dated: October 26, 2005 By: /s/ Martin S. Seekely ---------------------------- Martin S. Seekely Chief Financial Officer CHAPTER 11 POST CONFIRMATION REPORT FOR QUARTER ENDED October 1, 2005 Debtor: PHAR-MOR, INC. et al Case No.: 01-44007 through 01-44015 Total Disbursements for Quarter - ------------------------------- All disbursements made by the Debtor during the current quarter, whether under the plan or not, must be accounted for and reported herein for the purposes of calculating quarterly fees. Total Disbursements: $4,574,449 Summary of Amounts Distributed Under the Plan: - ---------------------------------------------
Current Quarter Paid to Date --------------- ------------ A. Fees and Expenses: 1. Trustee Compensation $ 10,000 $ 207,750 2. Fees for Attorney for Trustee -- -- 3. Fee for Attorney for Debtors 39,547 1,711,824 4. Other Professionals 168,216 4,276,598 5. All expenses, including Trustee -- -- B. Distributions: 6. Secured Creditors -- -- 7. Priority Creditors 4,169,139 10,813,009 8. Unsecured Creditors 1,684 33,921,737 9. Equity Security Holders -- -- 10. Other Payments or Transfers Merchandise and Other Payments 52,525 736,349,867 Payroll 133,339 92,633,120 Total Plan Payments (Sums of Lines 1-10) $4,574,449 $879,913,904
Summary of Status on Consummation of Plan: - ----------------------------------------- Plan payments are current: Yes [X] No [ ] If no, attach explanatory statement identifying payments not made (by creditor, amount, and date due), reason for non-payment, and an estimated date as to when payments will be brought current. Quarterly fees due to the United States Trustee are current: Yes [X] No [ ] Anticipated date of final report/motion for final decree: December 31, 2006 -----END PRIVACY-ENHANCED MESSAGE-----