Case No. 04-08130-TOM-11.United States Bankruptcy Court, N.D. Alabama, Southern Division.
June 21, 2005
ORDER AND NOTICE OF HEARING
TAMARA MITCHELL, Chief Judge, Bankruptcy
This matter came before the Court on MONDAY, JUNE 20, 2005 01:30 PM, for a hearing on the following:
1) STATUS CONFERENCE ON DEBTOR’S OBJECTION TO CLAIM NUMBER 30, 85 1957 OF AVCO FOR AN UNDETERMINED AMOUNT (PROCEEDING #1070)
** DEBTORS’ CORRECTED OBJECTION (PROCEEDING #1190)
2) DEBTORS’ MOTION FOR PARTIAL SUMMARY JUDGMENT (PROCEEDING #1367) (STATUS CONFERENCE)
** AVCO CORPORATION’S RESPONSE (PROCEEDING #1491)
** DEBTORS’ REPLY IN SUPPORT (PROCEEDING #1534
** DEBTORS’ MOTION FOR RULING (PROCEEDING #1938)
** DEBTORS’ SUPPLEMENT (PROCEEDING #1971)
3) MOTION FOR ESTIMATION OF ITS CLAIM FOR PURPOSES OF ALLOWANCE PURSUANT TO 11 U.S.C. SECTION 502(c) FILED BY AVCO CORPORATION (PROCEEDING #1493) (STATUS CONFERENCE)
** DEBTORS’ RESPONSE (PROCEEDING #1536)
4) APPLICATION FOR INTERIM COMPENSATION IN THE AMOUNT OF $117,018.50 AND REIMBURSEMENT OF EXPENSES IN THE AMOUNT OF $2,483.49 FILED BY WINSTON STRAWN, LLP (PROCEEDING #1326) (BA REVIEW-PROCEEDING #1980)
5) APPLICATION FOR INTERIM COMPENSATION IN THE AMOUNT OF $7,368.75 AND REIMBURSEMENT OF EXPENSES IN THE AMOUNT OF $129.50 FILED BY FINLEY, COLMER AND COMPANY (PROCEEDING #1202) (BA REVIEW-PROCEEDING #1913)
6) APPLICATION FOR INTERIM COMPENSATION IN THE AMOUNT OF $575,942.50 AND REIMBURSEMENT OF EXPENSES IN THE AMOUNT OF $18,785.89 FILED BY BURR FORMAN, LLP, ATTORNEYS FOR DEBTORS (PROCEEDING #1249) (BA REVIEW-PROCEEDING #1924)
7) DEBTORS’ MOTION PURSUANT TO 11 U.S.C. SECTION 105(a) AND FEDERAL RULE OF BANKRUPTCY PROCEDURE 9019
FOR APPROVAL OF COMPROMISE BETWEEN THE DEBTORS AND THE PENSION BENEFIT GUARANTY CORPORATION (PROCEEDING #1617)
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8) STATUS CONFERENCE ON DEBTORS’ OBJECTION TO CLAIM #2776 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY $284,645.00 (PROCEEDING #1336)
** EPA RESPONSE (PROCEEDING #1955)
9) APPLICATION FOR ADMINISTRATIVE EXPENSES IN THE AMOUNT OF $9,381.97 FILED BY THE STATE OF MICHIGAN DEPARTMENT OF TREASURY, REVENUE DIVISION (PROCEEDING #1693)
** ROLAND HWANG TO APPEAR BY PHONE (517)373-3203
10) APPLICATION FOR ADMINISTRATIVE EXPENSES IN THE AMOUNT OF $9,054.59 FILED BY THE STATE OF MICHIGAN DEPARTMENT OF TREASURY, REVENUE DIVISION (PROCEEDING #1694)
11) DEBTORS’ OBJECTION TO CLAIM #2724 TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION-SOLID WASTE MANAGEMENT (PROCEEDING #1341)
12) INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW AND ITS LOCAL 1317’S MOTION FOR APPROVAL OF PARTIAL WITHDRAWAL OF CLAIM (PROCEEDING #1919)
13) LEVAND STEEL SUPPLY’S MOTION TO RECONSIDER EXPUNGEMENT ORDER RELATING TO CERTAIN CLAIMS THE SUBJECT OF DEBTORS’ MARCH 29, 2005 SECOND ROUND OF OMNIBUS OBJECTIONS (PROCEEDING #1920)
14) INTERIM APPLICATION FOR COMPENSATION FOR XROADS SOLUTION GROUP IN THE AMOUNT OF $127,000.00 AND EXPENSES IN THE AMOUNT OF $15,230.50 (PROCEEDING #1378) (BA REVIEW-PROCEEDING #1974)
15) INTERIM APPLICATION FOR COMPENSATION FOR XROADS SOLUTION GROUP IN THE AMOUNT OF $127,000.00 AND EXPENSES IN THE AMOUNT OF $15,489.69 (PROCEEDING #1374) (BA REVIEW-PROCEEDING #1965)
16) SECOND APPLICATION FOR COMPENSATION IN THE AMOUNT OF $85,000.00 AND REIMBURSMENT OF EXPENSES IN THE AMOUNT OF $877.34 FILED BY CHANIN PARTNERS (PROCEEDING #1380) (BA REVIEW-PROCEEDING #877.34)
17) THIRD APPLICATION FOR COMPENSATION IN THE AMOUNT OF $150,000.00 AND REIMBURSEMENT OF EXPENSES IN THE AMOUNT OF $8,968.54 FILED BY MILLER, BUCKFIRE CO., LLC (PROCEEDING #1376) (BA REVIEW-PROCEEDING #1976)
** MATT FELDMAN TO APPEAR BY PHONE 212-728-8651
18) SECOND APPLICATION FOR COMPENSATION IN THE AMOUNT OF $75,000.00 AND REIMBURSEMENT OF EXPENSES IN THE AMOUNT OF $2,282.84 FILED BY INTERNATIONAL STEEL ASSOCIATES LLC (PROCEEDING #1361) (BA REVIEW-PROCEEDING #1960)
** DEBTORS’ OBJECTION (PROCEEDING #1972)
19) FIFTH APPLICATION FOR COMPENSATION IN THE AMOUNT OF $55,248.00 AND REIMBURSEMENT OF EXPENSES IN THE AMOUNT OF $2,020.07 FILED BY MAYNARD, COOPER GALE (PROCEEDING #1362) (BA REVIEW-PROCEEDING #1975)
20) FIFTH APPLICATION FOR COMPENSATION IN THE AMOUNT OF $315,208.50 AND REIMBURSEMENT OF EXPENSES IN THE AMOUNT OF $29,061.85 FILED BY DELOITTE TOUCHE, LLP (PROCEEDING #1363) (BA REVIEW-PROCEEDING #1979)
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21) FINAL HEARING ON MOTION FOR RELIEF FROM STAY FILED BY HENRY T. DRAKE, ATTORNEY FOR EDDIE EDWARDS (PROCEEDING #1921)
Proper notice of the hearing was given and appearances were made by the following:
MICHAEL HALL, GERALD GILLESPIE, MARC SOLOMON GLENN GLOVER, ATTORNEYS FOR THE DEBTOR
JAYNA LAMAR, BRIAN WALDING, DAVID HONIG (BY PHONE) AND JEFF LEDERMAN (BY PHONE), ATTORNEYS FOR THE UNSECURED CREDITORS COMMITTEE
J. THOMAS CORBETT, CHIEF DEPUTY BANKRUPTCY ADMINISTRATOR
ROBERT ADAMS AND KIMBERLY GLASS, ATTORNEYS FOR JPMORGAN/CHASE BANK JESSE VOGTLE, ALAN ROGERS AND CHRISTIE DOWLING, ATTORNEYS FOR AVCO CORPORATION
MATTHEW FELDMAN (BY PHONE), ATTORNEY FOR MILLER BUCKFIRE LEWIS YING CO. APPEARING BY PHONE
J. ARTHUR MOZLEY AND MARK HESS, ATTORNEYS FOR NATIONAL UNION FIRE INSURANCE COMPANY
It is therefore ORDERED, ADJUDGED and DECREED that:
1-3) BASED ON ARGUMENTS OF COUNSEL AND THE PLEADINGS, THESE MATTERS ARE TAKEN UNDER SUBMISSION AND A SEPARATE ORDER WILL BE ENTERED.
4) BASED ON THE BANKRUPTCY ADMINISTRATOR’S RECOMMENDATION AND BY AGREEMENT OF THE PARTIES, THE APPLICATION IS APPROVED AS NOTED ON THE RECORD AND A SEPARATE ORDER WILL BE SUBMITTED.
5) BASED ON THE BANKRUPTCY ADMINISTRATOR’S RECOMMENDATION AND BY AGREEMENT OF THE PARTIES, THE APPLICATION IS APPROVED AS NOTED ON THE RECORD AND A SEPARATE ORDER WILL BE SUBMITTED.
6) BASED ON THE BANKRUPTCY ADMINISTRATOR’S RECOMMENDATION AND BY AGREEMENT OF THE PARTIES, THE APPLICATION IS APPROVED AS NOTED ON THE RECORD AND A SEPARATE ORDER WILL BE SUBMITTED.
7) BASED ON THE PLEADINGS, THE MOTION IS DUE TO BE GRANTED AND THE COMPROMISE APPROVED. MR. MARC SOLOMON TO SUBMIT A SEPARATE ORDER.
8) BASED ON AGREEMENT OF THE PARTIES, THE STATUS CONFERENCE IS CONTINUED TO JULY 11, 2005 AT 1:30 PM 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 CONTINUED TO JULY 11, 2005 AT 1:30 PM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
10) BASED ON AGREEMENT OF THE PARTIES, THIS MATTER IS CONTINUED TO JULY 11, 2005 AT 1:30 PM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
11) BASED ON AGREEMENT OF THE PARTIES, THIS MATTER IS SETTLED AND THE PARTIES TO SUBMIT AN AGREED ORDER.
12) BASED ON AGREEMENT OF THE PARTIES, THIS MATTER IS SETTLED AND MR. GLENN GLOVER TO SUBMIT AN ORDER.
13) BASED ON AGREEMENT OF THE PARTIES, THIS MATTER IS SETTLED AND MR. GLOVER TO SUBMIT AN ORDER.
14) BASED ON THE BANKRUPTCY ADMINISTRATOR’S RECOMMENDATION AND BY AGREEMENT OF THE PARTIES, THE APPLICATION IS APPROVED AS NOTED ON THEPage 4
RECORD AND A SEPARATE ORDER WILL BE SUBMITTED.
15) BASED ON THE BANKRUPTCY ADMINISTRATOR’S RECOMMENDATION AND BY AGREEMENT OF THE PARTIES, THE APPLICATION IS APPROVED AS NOTED ON THE RECORD AND A SEPARATE ORDER WILL BE SUBMITTED.
16) BASED ON THE BANKRUPTCY ADMINISTRATOR’S RECOMMENDATION AND BY AGREEMENT OF THE PARTIES, THE APPLICATION IS APPROVED AS NOTED ON THE RECORD AND A SEPARATE ORDER WILL BE SUBMITTED.
17) BASED ON THE BANKRUPTCY ADMINISTRATOR’S RECOMMENDATION AND BY AGREEMENT OF THE PARTIES, THE APPLICATION IS APPROVED AS NOTED ON THE RECORD AND A SEPARATE ORDER WILL BE SUBMITTED.
18) BASED ON THE BANKRUPTCY ADMINISTRATOR’S RECOMMENDATION AND BY AGREEMENT OF THE PARTIES, THE APPLICATION IS APPROVED AS NOTED ON THE RECORD AND A SEPARATE ORDER WILL BE SUBMITTED.
19) BASED ON THE BANKRUPTCY ADMINISTRATOR’S RECOMMENDATION AND BY AGREEMENT OF THE PARTIES, THE APPLICATION IS APPROVED AS NOTED ON THE RECORD AND A SEPARATE ORDER WILL BE SUBMITTED.
20) BASED ON THE BANKRUPTCY ADMINISTRATOR’S RECOMMENDATION AND BY AGREEMENT OF THE PARTIES, THE APPLICATION IS APPROVED AS NOTED ON THE RECORD AND A SEPARATE ORDER WILL BE SUBMITTED.
21) BASED ON AGREEMENT OF THE PARTIES, THIS MATTER IS CONTINUED TO JULY 11, 2005 AT 1:30 PM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.