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Published on 8/19/2009 in the Prospect News Distressed Debt Daily.

Uni-Marts files plan; trust to be established to make distributions

By Caroline Salls

Pittsburgh, Aug. 19 - Uni-Marts, LLC filed its plan of liquidation Tuesday with the U.S. Bankruptcy Court for the District of Delaware.

A five-year liquidation trust will be established under the plan to liquidate the company's remaining assets and make plan distributions.

Treatment of creditors will include:

• Holders of administrative claims, priority non-tax claims and other secured claims will be paid in full;

• Holders of priority tax claims will either be paid in full in cash on the plan effective date or over an up to five-year period with interest;

• Holders of Comerica secured claims will receive a new Comerica note;

• Holders of general unsecured claims against Uni-Marts will receive class A interests in the liquidation trust and receive distributions from the trust based on those interests;

• Holders of general unsecured claims against Uni-Marts Ohio will receive class B interests in the liquidation trust and receive distributions from the trust based on those interests;

• Holders of general unsecured claims against subsidiary debtors will receive class C interests in the liquidation trust and receive distributions from the trust based on those interests;

• Holders of convenience claims will receive a share of a convenience class fund;

• Holders of interests in Uni-Marts will receive no distribution; and

• Holders of interests in Uni-Marts Ohio and subsidiary debtors will receive no distribution unless all allowed claims are paid in full, in which case these interests will not be cancelled.

Uni-Marts, a State College, Pa.-based convenience store operator, filed for bankruptcy on May 29, 2008. Its Chapter 11 case number is 08-11037.


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