Case No: 04-08130-TOM11.United States Bankruptcy Court, N.D. Alabama, Southern Division.
October 26, 2005
ORDER
TAMARA MITCHELL, Bankruptcy Judge
This matter came before the Court on Monday, October 17, 2005 01:30 PM, for a hearing on the following:
1) Application for Final Compensation in the amount of $6,912.50 and Reimbursement of Expenses in the amount of $5.44 filed by Cochran Group, Inc. (Proceeding #2073)
2) RE: Doc #2240; Debtor’s First Omnibus Objection to Claims Incorrectly Filed as Priority Claims
3) RE: Doc #2241; Debtor’s Second Omnibus Objection to 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 #2272; Motion to Approve Compromise between Debtors and SGL Carbon, LLC
8) RE: Doc #2302; Declaration of Alan B. Rich in support of the Opposition and Response of Diane Briley Rapsilver to Debtor’s Second Omnibus Objection to Claims Relating to Certain Pending Lawsuits
9) RE: Doc #2301; Opposition Response to Objection to Claim filed by Debtor Citation Corporation Opposition and Response of Diane Briley Rapsilver to Debtors’ Second Omnibus Objection to Claims Relating to Certain Pending Lawsuits
10) RE: Doc #1073; Application for Compensation and Reimbursement of Expenses filed by Hilco Appraisal Service LLC (Order approving employment Doc #1201)
11) RE: Doc #1756; Bankruptcy Administrator’s Statement of Review Regarding Application for Compensation and Reimbursement of Expenses filed by Hilco Appraisal Service LLC
12) RE: Doc #2051; Application for Administrative Expenses filed by Birmingham Fire Insurance Company of Pennsylvania, National Union Fire Insurance Company of Pittsburgh PA and certain other affiliates of American National Group
13) RE: Doc #2154; Objection of AVCO Corporation to Application for Administrative Expenses filed by National Union Fire Insurance Company of Pittsburgh PA
14) RE: Doc #2205; Joint Motion for Approval of Stipulation and Order Pursuant to Federal Rule of Bankruptcy Procedure 9019
15) RE: Doc #2089; Application for Final Compensation in the amount of $94,226.00 and reimbursement of expenses in the amount of $21,232.77 filed by XRoads Solutions Group
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16) RE: Doc #1344; Debtor’s Objection to Claim of Burnic Williams
17) Re: Doc #2173 Debtor’s Objection to Application for Administrative Expenses filed by National Union Fire Insurance Company of Pittsburgh PA, Birmingham Fire Insurance Company of Pennsylvania and certain other affiliates of American International Group
18) RE: Doc #2082; Debtor’s Objection to Claim of Aquity Insurance
19) RE: Doc #2322; Debtors’ Objection to Final Application for Compensation and Reimbursement of Expenses of Miller Buckfire Co., LLC
20) RE: Doc #2316; Amended Cover Sheet to Application for Final Compensation and Reimbursement of Expenses filed by Miller Buckfire Co., LLC
21) RE: Doc #2330; Objection of JPMorgan Chase Bank to Application for Compensation of Miller Buckfire LLC
22) RE: Doc #2332; Bankruptcy Administrator’s Statement of Review Regarding the Fifth Interim Application for Compensation and Reimbursement of Expenses for Miller Buckfire Ying Co.
23) RE: Doc #2333; Bankruptcy Administrator’s Statement of Review Regarding the Final Application for Compensation and Reimbursement of Expenses for Miller Buckfire Ying Co.
24) RE: Doc #2343; Objection of Committee Claims Monitor to Joint Motion for Approval of Stipulation between Debtors, JPMorgan Chase Bank, Wachovia Capital Investments, Inc., Kelso Investment Associates VI, LP, KEP VI LLC and Magnetite Asset Investors LLC
25) RE: Doc #2345; Memorandum of Miller Buckfire
Co., LLC in Support of Final Fee Application and Response to Objections
26) RE: Doc #2294; Bankruptcy Administrator’s Statement of Review Regarding Application for Compensation and Reimbursement of Expenses filed by Cochran Group, Inc.
27) RE: Doc #2290; Bankruptcy Administrator’s Statement of Review Regarding Application for Compensation and Reimbursement of Expenses filed by XRoads Solutions Group
Proper notice of the hearing was given and appearances were made by the following:
Michael Hall, Glenn Bacon, Glenn Glover and Shannon Hoff, attorneys for Citation Corporation
Jayna Lamar, attorney for Unsecured Creditors Committee
Lee Benton, Claims Monitor and Conflicts Counsel for the Committee
Valrey Early, Bankruptcy Administrator
JON A. DUDECK AND JOE BULGARELLA, ATTORNEYS WITH THE BANKRUPTCY ADMINISTRATOR’S OFFICE
Robert Adams and Kimberly Glass, attorneys for JP Morgan Chase Bank
David Anderson, Donna McGee and Brandon Zeigler (by phone), attorneys for Kelso Group, et al
Matthew Feldman, attorney for Miller Buckfire
Mary Slelnick, attorney for Asbestos Claimants (by phone)
Durc Savini, Managing Partner-Miller Buckfire
Charles Bloom, former CFO Citation Corporation
William Redman, Presiden and CEO Gentek Corporation
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Edwin Buker, President and CEO Citation Corporation
It is therefore ORDERED ADJUDGED and DECREED that:
1) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE APPLICATION IS APPROVED AND A SEPARATE ORDER WILL BE ENTERED.
2-6) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THESE MATTERS ARE RESCHEDULED TO NOVEMBER 28, 2005 AT 10:30 AM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
7) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THE MOTION IS GRANTED AND THE COMPROMISE IS APPROVED.
8-9) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THESE MATTERS ARE CONTINUED TO JANUARY 9, 2006 AT 10:30 AM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
10-11) APPLICATION APPROVED; A SEPARATE ORDER WILL BE ENTERED.
12-13) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THESE MATTERS ARE CONTINUED TO OCTOBER 31, 2005 AT 10:30 AM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
14) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, A STATUS CONFERENCE ON THIS MATTER WILL BE HELD ON NOVEMBER 28, 2005 AT 10:30 AM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
15) APPLICATION APPROVED; A SEPARATE ORDER WILL BE ENTERED.
16) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THIS MATTER IS CONTINUED TO JANUARY 9, 2006 AT 10:30 AM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
17) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THIS MATTER ISPage 4
CONTINUED TO OCTOBER 31, 2005 AT 10:30 AM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
18) MATTER SETTLED; A SEPARATE ORDER WILL BE ENTERED.
19-23) MATTERS UNDER SUBMISSION; JUDGE MITCHELL PREPARING AN ORDER.
24) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, A STATUS CONFERENCE ON THIS MATTER WILL BE HELD ON NOVEMBER 28, 2005 AT 10:30 AM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
25-27) SEPARATE ORDERS TO BE ENTERED.