Visitalk.com Reorganization
Updated Feb 28, 2011

August 2, 2010: Order Terminating Trust.

May 16, 2007: Class 1-7 Warrant Agreement.

May 16, 2007: Class 8 Warrant Agreement.

July 28, 2006: Granted Final Decree Order.

May 26, 2006: Visitalk Creditors' Trust information.

September 21, 2004. The Reorganized Debtor, Visitalk Capital Corporation, filed an Application to Appoint Creditor's Trustee Pursuant to Plan ("Application") requesting the Court to appoint Biltmore Associates as Creditor's Trustee of the Creditors' Trust identified in Article 12 of the Plan. The Reorganized Debtor also filed a Notice of Filing Application to Appoint Creditor's Trustee Pursuant to the Plan ("Notice"). The Notice, together with the Application, were mailed to all unsecured creditors pursuant to Section 12.4 of the Plan.

  • Application to Appoint Creditor's Trustee Pursuant to Plan (pdf)
  • Notice of Filing Application to Appoint Creditor's Trustee Pursuant to the Plan (pdf)

    September 7, 2004. An Order to file Post-Confirmation Reports and Setting Status Hearing was entered setting a status hearing for November 2, 2004 at 1:30 p.m. to determine that a final decree closing the case may be entered.
  • Order to file Post-Confirmation Reports and Setting Status Hearing (pdf)

    September 7, 2004. Articles of Merger, together with the Plan and Agreement of Merger, merging the Debtor, visitalk.com, Inc., an Arizona corporation, with and into Visitalk, Inc., a Nevada corporation and wholly owned subsidiary of the Debtor, were filed with the Secretary of State offices in Arizona and Nevada. Visitalk, Inc., a Nevada corporation is the Surviving Corporation. Pursuant to the Reorganization Plan and concurrent with the merger, Visitalk, Inc. amended its Articles of Incorporation changing its name to Visitalk Capital Corporation, the Reorganized Debtor.
  • Articles of Merger - Arizona (pdf)
  • Articles of Merger - Nevada (pdf)
  • Plan and Agreement of Merger (pdf)

    August 27, 2004. An order confirming the Debtor's Plan was granted with an "Effective Date" of September 17, 2004.
  • Order Confirming Debtor's Second Joint Plan of Reorganization dated June 22, 2004 (pdf)

    August 3, 2004. Confirmation hearing.
    July 27, 2004. Ballot filing deadline.

    The Ballot for Accepting or Rejecting the Second Joint Plan of Reorganization, together with the Order Preliminarily Approving Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of the Plan and Instructions to Access the Disclosure Statement and Plan using the Internet, was mailed to all interested parties on June 30, 2004. Interested parties holding claims in multiple classes, as defined in the Plan, are requested to make additional copies of the Ballot (or print additional ballots at the link provided below), or otherwise clearly indicate the claim or claims being voted upon following the instructions in the Ballot. Ballots shall be filed with the Clerk, U.S. Bankruptcy Court, 2929 North Central Avenue, 9th Floor, Phoenix, AZ 85029, with copies of the Ballots mailed to the Debtor's Counsel at the address provided below.

    July 14, 2004. The Official Unsecured Creditors Committee of the Debtor recommended that unsecured creditors vote to accept the proposed plan.
  • Letter from Dean M. Dinner. (pdf)

    Debtor's Contact Information:

    For assistance downloading any of the information from this website, or to request that a hard copy of the Disclosure Statement and Plan be mailed to you, or to report an address change, you may contact the Debtor directly:

    visitalk.com, Inc.
    9830 S 51st Street, Suite A124
    Phoenix, AZ 85044-5672
    Phone: (480) 759-9400
    Fax: (480) 759-9401
    Email: bankruptcy@visitalk.com

    The following are law firms related to the bankruptcy:

    Debtor’s Counsel

    Mark J. Giunta, Esq.
    Law Office of Mark J. Giunta
    845 N. Third Ave.
    Phoenix, AZ 85003-1408
    Phone: (602) 307-0837
    Fax: (602) 307-0838
    Email: mark.giunta@azbar.org
    Creditors’ Committee Counsel

    Dean M. Dinner, Esq.
    Jennings, Haug & Cunningham, LLP
    2800 N. Central Avenue, Suite 1800
    Phoenix, Arizona 85004-1049
    Phone: (602) 234-7800
    Fax: (602) 277-5595
    Email: dmd@jhc-law.com
    Special Litigation Counsel

    Christopher R. Kaup, Esq.
    Tiffany & Bosco, P.A.
    1850 North Central Ave., 5th Floor
    Phoenix, Arizona 85004-4546
    Phone: (602) 255-6000
    Fax: (602) 255-0103
    Email: crk@tblaw.com


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    Order, Ballot and Instructions:

    Disclosure Stamement in Support of the Proposed Second Joint Plan of Reorganization:
    1. Disclosure Statement
    2. Exhibit 1 - Second Joint Plan of Reorganization
    3. Exhibit 2 - Debtor's Financial Information Statement
    4. Exhibit 3 - Liquidation Analysis
    5. Executory Contracts and Leases Assumed
    6. Qualifications of Directors and Officers
    7. Litigation Pending Against the Debtor

    Second Joint Plan of Reorganization dated June 22, 2004: