Case No. 04-08130-TOM-11.United States Bankruptcy Court, N.D. Alabama, Southern Division.
March 30, 2005
ORDER
TAMARA MITCHELL, Chief Judge, Bankruptcy
This matter came before the Court on WEDNESDAY, MARCH 30, 2005 09:30 AM, for a hearing on the following:
1) APPROVAL OF SECOND AMENDED DISCLOSURE STATEMENT AND OBJECTIONS, IF ANY
2) OBJECTION OF THE PENSION BENEFIT GUARANTY CORPORATION TO THE DISCLOSURE STATEMENT FOR DEBTORS’ JOINT PLAN OF REORGANIZATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE FILED BY JEFFREY COHEN, ATTORNEY FOR PBGC (PROCEEDING #1316)
3) OBJECTION TO DEBTORS’ DISCLOSURE STATEMENT FILED BY STEPHEN LEARA, ATTORNEY FOR LIBERTY MUTUAL INSURANCE COMPANY (PROCEEDING #1318)
4) OBJECTION TO DEBTORS’ DISCLOSURE STATEMENT AND JOINT PLAN OF REORGANIZATION FILED BY CLARK WATSON, ATTORNEY FOR AVCO CORPORATION (PROCEEDING #1319)
5) OBJECTION TO DEBTORS’ DISCLOSURE STATEMENT FILED BY J. THOMAS CORBETT, CHIEF DEPUTY BANKRUPTCY ADMINISTRATOR (PROCEEDING #1320)
6) OBJECTION TO DISCLOSURE STATEMENT FILED BY MARION WYNNE, ATTORNEY FOR BALDWIN INDUSTRIAL CONSTRUCTION (PROCEEDING #1266)
7) DEBTORS’ RESPONSE TO OBJECTIONS TO DISCLOSURE STATEMENT OF DEBTORS’ JOINT PLAN OF REORGANIZATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE (PROCEEDING #1333)
Proper notice of the hearing was given and appearances were made by the following:
ROBERT RUBIN, MICHAEL HALL, DAVID DOWD, MARC SOLOMON STEPHANIE WILLIAMS, ATTORNEYS FOR THE DEBTOR
JAYNA LAMAR, BRIAN WALDING, DAVID HONIG, ATTORNEYS FOR THE UNSECURED CREDITORS COMMITTEE
J. THOMAS CORBETT, ATTORNEY WITH THE BANKRUPTCY ADMINISTRATOR’S OFFICE MARSHALL HUEBNER, JULIE ANDERSON, ROBERT ADAMS, AND KIMBERLY GLASS, ATTORNEYS FOR JPMORGAN/CHASE BANK
CLARK WATSON, JESSE VOGTLE CHRISTIE DOWLING, ATTORNEYS FOR ALABAMA POWER COMPANY, AVCO CORPORATION, AND TEXTRON MARK PLEVIN AND STEPHEN LEARA, ATTORNEYS FOR LIBERTY MUTUAL
It is therefore ORDERED, ADJUDGED and DECREED that:
1) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE SECOND AMENDED DISCLOSURE STATEMENT WITH EXHIBITS AND ADDITIONAL CHANGES AS READ INTO THE RECORD IS APPROVED AND DEBTORS’ COUNSEL TO SUBMIT A SEPARATE ORDER.
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2) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE OBJECTION IS OVERRULED.
3) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE OBJECTION IS OVERRULED.
4) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE OBJECTION IS OVERRULED.
5) BASED ON THE REPRESENTATION OF J. THOMAS CORBETT, CHIEF DEPUTY BANKRUPTCY ADMINISTRATOR, THE OBJECTION IS WITHDRAWN IN OPEN COURT.
6) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE OBJECTION IS OVERRULED.