UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
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
OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of Earliest Event Reported): March 24, 2011
MIDWEST BANC HOLDINGS, INC.
(Exact Name of Registrant as Specified in its Charter)
001-13735
(Commission File Number)
(Commission File Number)
Delaware (State or other Jurisdiction of Incorporation) |
36-3252484 (I.R.S. Employer Identification No.) |
c/o Hinshaw & Culbertson LLP
333 South Seventh Street, Suite 2000
Minneapolis, MN 55402
333 South Seventh Street, Suite 2000
Minneapolis, MN 55402
(Address of Principal Executive Offices)
(612) 334-2505
(Registrants Telephone Number, Including Area Code)
(612) 334-2505
(Registrants 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:
o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 1.03. | Bankruptcy or Receivership. |
March 28, 2011 Midwest Banc Holdings, Inc. Draft 8K Re Plan
On August 20, 2010, Midwest Banc Holdings, Inc. (the Company), filed a voluntary petition in
the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division (the
Bankruptcy Court) seeking relief under the provisions of Chapter 11 of Title 11 of the United
States Code (the Bankruptcy Code) (Case No. 10-37319) (the Case).
On March 24, 2011, the Company and the Official Committee of Unsecured Creditors appointed in
the Case (the Committee) filed their First Amended Joint Plan of Liquidation Dated March 24, 2011
(the Plan) and Disclosure Statement With Respect to First Amended Joint Plan of Liquidation of
Midwest Banc Holdings, Inc. Pursuant to 11 U.S.C. § 1125 (the Disclosure Statement).
On March 25, 2011, the Plan and Disclosure Statement were served on parties in interest in
accordance with the Bankruptcy Courts March 18, 2011 Order: (A) Approving Solicitation and Notice
Procedures With Respect to Approval of Disclosure Statement and Confirmation of Proposed First
Amended Joint Plan of Liquidation; (B) Approving Form of Ballots and Notices in Connection
Therewith; (C) Conditionally Approving the Disclosure Statement; and (D) Scheduling Certain Dates
and Deadlines with Respect Thereto (the Solicitation Order). Among other things, the
Solicitation Order establishes April 22, 2011 as the deadline for: (i) submission of ballots
accepting or rejecting the Plan; (ii) service and filing of objections to confirmation of the Plan;
and (iii) service and filing of objections to adequacy of the Disclosure Statement. A hearing on
confirmation of the Plan and on adequacy of the Disclosure Statement is scheduled for 10:00 a.m.
prevailing Central Time on May 4, 2010.
Copies of the Plan, Disclosure Statement, Solicitation Order, and certain other documents
filed in the bankruptcy case are available at the Committees informational website:
http://www.freebornpeters.com/clients/MidwestBanc/midwestBanc.aspx.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the
Registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto
duly authorized.
MIDWEST BANC HOLDINGS, INC. |
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Date: March 29, 2011 | By: | /s/Roberto R. Herencia | ||
Roberto R. Herencia | ||||
President | ||||