As filed with the Securities and Exchange Commission on January 7, 2004 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 Date of Report (date of earliest event reported): January 7, 2004 ACTRADE FINANCIAL TECHNOLOGIES LTD. ------------------------------------------------------ (Exact name of registrant as specified in its charter) DELAWARE 0-18711 13-3437739 ------------------------------- ---------------- ------------- (State or other jurisdiction of (Commission File (IRS Employer incorporation) Number) Identification No.) 200 COTTONTAIL LANE, VANTAGE COURT SOUTH, SOMERSET, NJ 08873 ------------------------------------------------------ ---------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (732) 868-3100 -------------- 2 ITEM 3. BANKRUPTCY OR RECEIVERSHIP On January 7, 2004, the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") entered an order (the "Confirmation Order") confirming the Second Amended Joint Plan of Liquidation (the "Plan") of Actrade Financial Technologies Ltd. (the "Company") and one of its direct U.S. subsidiaries, Actrade Capital Inc. (together with the Company, the "Debtors"), dated December 15, 2003, as amended, in connection with the Debtors' cases under chapter 11 of Title 11 of the United States Code (jointly administered under Case no. 02-16212 (ALG)). A copy of the Confirmation Order is filed as Exhibit 2.1 hereto and is incorporated by reference herein. A copy of the Plan, as filed with the Bankruptcy Court, was attached as Exhibit 2.1 to the Company's Form 8-K filed on December 16, 2003. Capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Plan. The Effective Date of the Plan is expected to be January 8, 2004. Further inquiries regarding the Plan or the Confirmation Order should be directed to: Joseph M. Vann, Esq. Cohen Tauber Spievack & Wagner LLP 420 Lexington Avenue, 24th Floor New York, New York 10170 ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS. (a) Financial Statements. Not applicable. (b) Pro Forma Financial Information. Not applicable. (c) Exhibits. EXHIBIT NO. DESCRIPTION ----------- ----------- 2.1 Confirmation Order 3 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 hereunto duly authorized. ACTRADE FINANCIAL TECHNOLOGIES LTD. By: /s/ John Fioretti --------------------------------------- Name: John Fioretti Title: Chief Restructuring Officer Dated: January 7, 2004 4 EXHIBIT INDEX EXHIBIT DESCRIPTION ------- ----------- 2.1 Confirmation Order