Other Notices
To: Scott Underwriting Agencies; Syndicate 318, M.S. Pritchard & Others; Lloyd’s Syndicate
1027; CW Rome (Underwriting Agency) Ltd.; Lloyd’s Syndicate 1176; CW Rome (Underwriting
Agency) Ltd.; A. J. Archer Holdings Plc.; Ivory & Sime Plc.; J. R. Butler Services
Ltd.; Admiral Insurance Services Ltd.; Brockbank Shipton Ltd.; BF Caudle Holdings
Ltd.; Austin Caudle (Underwriting Agency) Ltd.; M. P. C. Securities Ltd.; Charman
Group Ltd.; A. M. Gorsuch; C. R. Hill; Methuen Holdings Ltd.; Methuen Services Ltd.;
Methuen Europe Ltd.; Methuen Investments Ltd.; Underwriting Systems Ltd.; G. Knowles;
R. J. Maylam; Wellington Underwriting Group; Wellington Underwriting Agencies Ltd.;
Eversure Ltd.; G. M. Chichester; Cutler Underwriting Agency; M. S. Pritchard & Others;
Tony Cassidy; M. P. C. Underwriting Services Ltd.; Court Holdings Ltd.; John Heynes
& Co.; J. R. Charman; Richard Bindle; Jane Hayes; Geoffrey Luben; Christopherson Heath
Ltd.; Lloyds Investment Managers Ltd.; Cresvale Securities Ltd.; Christopherson Group
Services Ltd.; P. B. Coffey; C. W. Rome (Underwriting Agency) Ltd.; Michael G. Dawson;
Mark G. Tetley; M. Fraser Newton; Richard F. de L. Wills; Richard Peton; Michael J.
Marchant; T. P. Salmon; P. N. Chrismas ACII; S. R. Fletcher; B. E. Beagly; L. Hammond
& Co. (Underwriting) Ltd.; Devonshire Underwriting Agencies Ltd.; Gooda Walker Ltd.;
Hardy (Underwriting Agencies) Ltd.; F. L. P. Secretan and Company Ltd.; Sturge Reinsurance
Syndicate Management Ltd.; Methuen Systems Ltd.; Any Managing Agents, Members’ Agents
and Syndicate Auditors Which Acted For or On Behalf of Margaret Smith individually
or on behalf of Margaret Smith as Trustee of the Traver and Margaret Smith Trust or
Were Otherwise Connected with Her Membership of, or Underwriting business at; Any
policyholder of any Syndicate in which Margaret Smith individually or Margaret Smith
as Trustee of the Traver and Margaret Smith Trust was involved or otherwise connected
pursuant to her membership of, or Underwriting business at Lloyds:
Notice is hereby given that Margaret Smith (“Debtor”), whose street and mailing address
is 1122 Mayette Avenue, San Jose, CA 95125, U.S.A., filed a voluntary petition of
bankruptcy, pursuant to Chapter 13 of the United States Bankruptcy Code on or about
25th November 1996, with the United States Bankruptcy Court, Northern District of
California (“the Court”), case number 96-59099-ASW. Debtor filed an associated adversary
proceeding with the same court under case number 96-5691 entitled Margaret Smith v
Lloyd’s of London, Bank Julius Baer & Co., The Pacific Bank and Does 1 Through 100.
On or about 28th August 1998, Debtor filed an amended schedule F, and on or about
28th August 1998, Debtor filed a proposed second amended Chapter 13 plan.
You will not receive notice of all documents filed in this case. All documents
are filed with the Court and may be obtained or inspected at U.S. Bankruptcy Court
Clerk, U.S. Courthouse & Federal Building, 280 S. First Street, Room 3035 3rd Floor,
San Jose, CA 95113-3099, U.S.A.
You are listed as a contingent, unliquidated and/or disputed Creditor. The Trustee
is Devin Derham-Burk, whose mailing address is Chapter 13 Trustee, PO Box 50013, San
Jose, CA 95150-0013, U.S.A.
A hearing on confirmation of the second amended Chapter 13 plan shall be held on
7th December 1998, at 2 p.m. PST, at the Court, Room 3099. Written objections to confirmation
of the second amended Chapter 13 plan must be filed with the Court and served upon
the Trustee and the Debtor’s attorney prior to the hearing on confirmation. If an
objection to confirmation is filed a prehearing conference will be set at a later
date at the Court, Room 3099. If an objection is filed, you must comply with the Court’s
order, Ref. objection to confirmation, a copy of which will be provided upon request.
The plan shall be binding upon Creditors approved at confirmation. You should request
a copy of the plan and review it carefully as your legal rights may be affected by
the plan. The valuations of collateral securing claims provided for in the confirmed
plan shall be binding and shall determine the maximum value of a claimant’s secure
claim. At the confirmation hearing the court may dismiss or convert or continue the
hearing without further notice if the Debtor is unable to propose a confirmable plan.
The deadline for filing a proof of claim is 31st December 1998. In order to share
in any payment from the estate, a Creditor, including secured Creditors, must file
a proof of claim in triplicate with the court, and serve a copy on the Trustee and
Debtor’s attorney.
Notice is also given that Debtor has filed a Motion to Compromise Controversy to
obtain court approval of a settlement reached with Lloyd’s of London, the Pacific
Bank and Bank Julius Baer resolving all claims and disputes between the parties with
respect to Margaret Smith’s participation as a Lloyd’s of London Name. All objections
to this motion will be heard on 7th December 1998, at 2 p.m. PST, at the Court, in
Room 3099.
You may address all inquiries to and/or request a copy of the documents filed with
the Court by contacting the Court, or Margaret Smith’s counsel, Susan L. Sutton, at
The Sutton Law Group, 84 W. Santa Clara Street, San Jose, CA 95113, U.S.A., facsimile
No. (408) 286-3602, telephone No. (408) 286-3290.
