-----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, V8giFrHMpai4UvKxN1faNUF4/jCDAB3IZi0Bn+66DtTb+t/v11xe3M2XfXetAWV1 p8FcpPrcCzRWrKY3nuEAqQ== 0000950152-06-003820.txt : 20060503 0000950152-06-003820.hdr.sgml : 20060503 20060503162829 ACCESSION NUMBER: 0000950152-06-003820 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060424 ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20060503 DATE AS OF CHANGE: 20060503 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: 06804266 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 l20139ae8vk.txt PHAR-MOR, INC. 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 May 3, 2006 ------------------------------------ Date of Report April 24, 2006 ------------------------------------ (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 April 1, 2006 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: May 3, 2006 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 April 1, 2006. EX-99.1 2 l20139aexv99w1.txt EX-99.1 Exhibit 99.1 TRANSMITTAL OF QUARTERLY POST CONFIRMATION REPORT WITH CERTIFICATION FOR THE QUARTER ENDED: April 1, 2006 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 April 1, 2006, 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: April 17, 2006 By: /s/ Martin S. Seekely -------------------------- Martin S. Seekely Chief Financial Officer CHAPTER 11 POST CONFIRMATION REPORT FOR QUARTER ENDED April 1, 2006 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: $ 877,667 Summary of Amounts Distributed Under the Plan: - ---------------------------------------------
Current Quarter Paid to Date --------------- ------------ A. Fees and Expenses: 1. Trustee Compensation $ 3,750 $ 213,250 2. Fees for Attorney for Trustee - - 3. Fee for Attorney for Debtors 80,467 1,817,355 4. Other Professionals 584,573 5,262,913 5. All expenses, including Trustee - - B. Distributions: 6. Secured Creditors - - 7. Priority Creditors 500 10,839,076 8. Unsecured Creditors 105,593 34,036,782 9. Equity Security Holders - - 10. Other Payments or Transfers Merchandise and Other Payments (40,092) 736,355,799 Payroll 142,877 92,892,100 Total Plan Payments (Sums of Lines 1-10) $877,667 $881,417,274
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, 2007 -----END PRIVACY-ENHANCED MESSAGE-----