Case No. 04-08130-TOM11.United States Bankruptcy Court, N.D. Alabama, Southern Division.
November 29, 2005
ORDER
TAMARA MITCHELL, Bankruptcy Judge
This matter came before the Court on Monday, November 28, 2005 10:30 AM, for a hearing on the following:
1) RE: Doc #2240; Debtor’s First Omnibus Objection to Certain Claims Incorrectly Filed as Priority Claims
2) RE: Doc #2469; Response of Angelina County to Debtors’ Third Omnibus Objection to Late-Filed Claims
3) RE: Doc #2241; Debtor’s Second Omnibus Objection to Certain Claims Incorrectly Filed as Secured in Whole or in Part
4) RE: Doc #2242; Debtor’s Third Omnibus Objection to Late-Filed Claims
5) RE: Doc #2243; Debtor’s Second Omnibus Objection to Unsupported Claims
6) RE: Doc #2258; Debtor’s Second Omnibus Objection to Claims Relating to Certain Pending Lawsuits
7) RE: Doc #2343; Objection of Committee Claims Monitor to Joint Motion for Approval of Stipulation and Order between Debtors, Citation Funding, Wachovia Capital Investments, Kelso Investment Associates VI, KEP VI, JPMorgan Chase Bank and Magnetite Asset Inv
8) RE: Doc #2205; Joint Motion for Approval of Stipulation and Order Pursuant to Federal Rule of Bankruptcy Procedure 9019 between Debtors, Citation Funding, Inc., JPMorgan Chase Bank, Wachovia Capital Investments, Kelso Investment Associates VI, KEP VI and
9) RE: Doc #2338; Debtor’s Motion to Enforce Terms of Confirmed Plan of Reorganization and for Declaratory Judgment regarding DaimlerChrysler
10) RE: Doc #2304; Application for Compensation in the amount of $19,535.50 and reimbursement of expenses in the amount of $1,102.82 filed by Holland Knight LLP
11) RE: Doc #2394; Motion to Enforce Terms of Third Amended Plan or Reorganization and Order Confirming Third Amended Plan of Reorganization and for Declaratory Judgment regarding Farnam Street Financial, Inc.
12) RE: Doc #2419; Amended and Restated Application for Compensation in the amount of $22,162.50 and reimbursement of expenses in the amount of $289.75 filed by Maynard, Cooper Gale, P.C., Attorneys for Official Committee of Unsecured Creditors
13) RE: Doc #2430; Bankruptcy Administrator’s Statement of Review Regarding Application for Compensation and Reimbursement of Expenses filed by Holland Knight, LLP
14) RE: Doc #2455; Bankruptcy Administrator’s Statement of Review Regarding ApplicationPage 2
for Compensation and Reimbursement of Expenses
15) RE: Doc #2456; Bankruptcy Administrator’s Statement of Review Regarding Application for Compensation and Reimbursement of Expenses
16) RE: Doc #2457; Objection of American International Group, Inc., and its Affiliates’ to Deposition Notice and Document Requests filed by AVCO Corporation
Proper notice of the hearing was given and appearances were made by the following:
Mike Hall, Glenn Glover, Marc Solomon and Heather Lee, attorneys for Debtor
Robert Adams and Kim Glass, attorneys for JPMorgan/Chase Bank
Clark Watson and Alan Rogers, attorneys for Avco Corporation
Lee Benton, Committee Claims Monitor
Jayna Lamar, attorney for Unsecured Creditors Committee
Mark Hess, attorney for American Int. Group and affiliates
Arthur Mozley, attorney for National Union
David Anderson, attorney for Credit Suisse 1st Boston
Michael Maher, attorney for Menard-by phone
David Levin, attorney for AIG Int.-by phone
It is therefore ORDERED ADJUDGED and DECREED that:
1) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE OBJECTIONS ARE SUSTAINED AND DEBTORS’ COUNSEL TO SUBMIT A SEPARATE ORDER.
3) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE OBJECTIONS ARE SUSTAINED EXCEPT AS TO THE OBJECTION TO CLAIM #2842 FILED BY E E MFG CO.; DEBTORS’ COUNSEL TO SUBMIT A SEPARATE ORDER. THE OBJECTION TO CLAIM #2842 IS CONTINUED TO DECEMBER 12, 2005 AT 11:00 AM.
4) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE OBJECTIONS ARE SUSTAINED EXCEPT AS TO THE OBJECTION TO CLAIM #2816 FILED BY ANGELINA COUNTY; DEBTORS’ COUNSEL TO SUBMIT A SEPARATE ORDER. THE OBJECTION TO CLAIM #2816 IS CONTINUED TO DECEMBER 12, 2005 AT 11:00 AM.
5) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE OBJECTIONS ARE SUSTAINED EXCEPT AS TO THE OBJECTION TO CLAIM #2755 FILED BY GEORGIA DEPARTMENT OF REVENUE; DEBTORS’ COUNSEL TO SUBMIT A SEPARATE ORDER. THE OBJECTION TO CLAIM #2755 IS CONTINUED TO DECEMBER 12, 2005 AT 11:00 AM.
6) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE OBJECTIONS ARE SUSTAINED EXCEPT AS TO THE OBJECTION TO CLAIM #2802 FILED BY REPRESENTATIVE GLEN HILTON BRILEY, FOR THE ESTATE OF JAMES AARON BRILEY; DEBTORS’ COUNSEL TO SUBMIT A SEPARATE ORDER. THE OBJECTION TOPage 3
CLAIM #2802 IS CONTINUED TO JANUARY 9, 2006 AT 10:30 AM.
7 8) PURSUANT TO RULE 7016 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE, THE FOLLOWING TIME LIMITS APPLY TO THIS PROCEEDING:
1. DISCOVERY DEADLINE: THE PARTIES SHALL COMPLETE DISCOVERY ON OR BEFORE JANUARY 27, 2006.
2. STATUS CONFERENCE: A STATUS CONFERENCE ON THIS MATTER SHALL BE HELD ON JANUARY 23, 2006 AT 10:30 AM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
9) BASED ON AGREEMENT OF THE PARTIES, THIS MATTER IS SETTLED AND MR. ROBERT TAPSCOTT TO SUBMIT A SEPARATE ORDER.
10) APPLICATION APPROVED; A SEPARATE ORDER WILL BE ENTERED.
11) BASED ON AGREEMENT OF THE PARTIES, THIS MATTER IS SETTLED AND MR. MARC SOLOMON TO SUBMIT A SEPARATE ORDER.
12) BASED ON THE AGREEMENT BETWEEN THE APPLICANT AND THE BANKRUPTCY ADMINISTRATOR, THE APPLICATION IS APPROVED AND MS. JAYNA LAMAR TO SUBMIT A SEPARATE ORDER.
16) CONTINUED TO DECEMBER 12, 2005 AT 11:00 AM.
PURSUANT TO RULE 7016 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE, THE FOLLOWING TIME LIMITS APPLY TO THIS PROCEEDING, THE AMENDED WITHDRAWAL OF CLAIMS FILED BY BIRMINGHAM FIRE INSURANCE AND OBJECTIONS, IF ANY:
1. DEBTOR AND CLAIMANT DEADLINE: PLEADINGS, BRIEFS OR CASES IN SUPPORT SHALL BE FILED AND A COURTESY COPY DELIVERED TO JUDGE MITCHELL ON OR BEFORE 12:00 PM, DECEMBER 2, 2005.
2. AVCO CORPORATION DEADLINE: RESPONSES, IF ANY, SHALL BE FILED AND APage 4
7, 2005.
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