Case No. 01-16034 (AJG) Jointly Administered.United States Bankruptcy Court, S.D. New York.
January 12, 2006
WEIL, GOTSHAL MANGES LLP, Martin J. Bienenstock, Brian S. Rosen, New York, Attorneys for the Reorganized Debtors.
KELLEY DRYE WARREN LLP, Mark I. Bane, Anneliese H. Pak, New York, NY, Attorneys for JPMorgan Chase Bank and Flagstaff Capital Corporation.
STIPULATION AND ORDER (A) EXTENDING TIME FOR CLAIMANTS TO RESPOND TO REORGANIZED DEBTORS’ OBJECTION TO PROOFS OF CLAIM FILED BY JPMORGAN CHASE BANK AND FLAGSTAFF CAPITAL CORPORATION RELATING TO THE FLAGSTAFF TRANSACTIONS (CLAIM NOS. 11137, 11151, 11152, 11153, 11154, AND 11155), (B) PRESERVING THE RIGHTS OF THE REORGANIZED DEBTORS TO FURTHER OBJECT TO CLAIMANTS’ RESPONSE, AND (C) ADJOURNING HEARING
ARTHUR GONZALEZ, Bankruptcy Judge
Enron Corp. and certain of its affiliated debtor entities (collectively, the “Reorganized Debtors”), JPMorgan Chase Bank (“JPMCB”) and Flagstaff Capital Corporation (“Flagstaff”), by and through their respective counsel, do hereby stipulate as follows:
A. JPMCB and Flagstaff filed proofs of claim, having Claim Nos. 11137, 11151, 11152, 11153, 11154, and 11155, against the Reorganized Debtors (collectively, the “Claims”).
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B. Pursuant to this Court’s Order Confirming Supplemental Modified Fifth Amended Joint Plan of Affiliated Debtors Pursuant to Chapter 11 of the United States Bankruptcy Code, and Related Relief, dated July 15, 2004, the Reorganized Debtors had to file all objections to claims on or before March 14, 2005.
C. Pursuant to the Stipulation and Order Among Reorganized Debtors, JPMorgan Chase Bank, and Flagstaff Capital Corporation to Extend the Deadline to File Objections to Claim Nos. 11137, 11151, 11152, 11153, 11154 and 11155 Pursuant to Section 21.1 of the Supplemental Modified Fifth Amended Joint Plan of Affiliated Debtors, dated March 14, 2005, the deadline for the Reorganized Debtors to object to the Claims was extended to June 14, 2005 (the “Extended Objection Deadline”).
D. On June 13, 2005, the Reorganized Debtors filed an objection to the Claims (the “Objection”).
E. The hearing to consider the Objection (the “Hearing”) originally was scheduled for July 28, 2005 at 10:00 a.m. New York City time, and the deadline for filing a response to the Objection (the “Response”), if any, originally was set at July 6, 2005 at 5:00 p.m. New York City time.
F. Thereafter, the Reorganized Debtors and JPMCB agreed to several extensions, ultimately: (a) extending the time for JPMCB and Flagstaff to submit a Response, if any, to the Objection until January 19, 2006 at 5:00 p.m. New York City time; (b) preserving the right of the Reorganized Debtors to respond to the Response after the Extended Objection Deadline; and (c) adjourning the Hearing until February 9, 2006 at 10:00 a.m. New York City time.
G. The parties now agree that it is in their mutual best interest to: (a) extend the time for JPMCB and Flagstaff to submit a Response, if any, to the Objection until
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March 2, 2006 at 5:00 p.m. New York City time; (b) preserve the right of the Reorganized Debtors to object to the Response after the Extended Objection Deadline; and (c) adjourn the Hearing until March 30, 2006 at 10:00 a.m. New York City time;provided, however, that the foregoing is without prejudice to the rights of the Reorganized Debtors to adjourn the Hearing, from time to time.
NOW, THEREFORE, the parties hereto, by and through their respective counsel, do hereby agree as follows:
1. JPMCB and Flagstaff shall have until March 2, 2006 at 5:00 p.m. New York City time to file their Response, if any, to the Objection, and the Reorganized Debtors shall have the right to object to the Response after the Extended Objection Deadline.
2. The Hearing is hereby adjourned to March 30, 2006 at 10:00 a.m. New York City time; provided, however, that the foregoing is without prejudice to the rights of the Reorganized Debtors to adjourn the Hearing, from time to time.
3. This Stipulation and Order may be executed in counterparts, each of which shall constitute one and the same instrument. Facsimile signatures shall be as effective as an original signature.
SO ORDERED.
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