Exhibit 99.1
1 | LATHAM & WATKINS LLP | |
Michael S. Lurey, CA State Bar No. 048235 | ||
2 | Gregory O. Lunt, CA State Bar No. 173297 | |
633 West Fifth Street, Suite 4000 | ||
3 | Los Angeles, California 90071-2007 | |
Telephone: (213) 485-1234 | ||
4 | Facsimile: (213) 891-8763 |
5 | ||
Counsel for Consolidated Freightways Corporation | ||
6 | of Delaware,etal., Debtors and Debtors-in-Possession |
7 | ||
8 | UNITED STATES BANKRUPTCY COURT
| |
9 | CENTRAL DISTRICT OF CALIFORNIA
| |
10 | RIVERSIDE DIVISION |
11 | In re | Case No.: RS 02-24284 MG | ||||
12 | CONSOLIDATED FREIGHTWAYS | Chapter 11 | ||||
CORPORATION OF DELAWARE, et al., | ||||||
13 | Debtors. | (Jointly Administered with Case Nos. | ||||
14 | RS-02-24289-MG; RS-02-24287-MG; | |||||
RS-02-24293-MG; RS-02-24294-MG; | ||||||
15 | Fed Tax I.D. No. 94-1444797 | and RS-02-24295-MG | ||||
16 | ORDER CONFIRMING DEBTORS’ | |||||
CONSOLIDATED PLAN OF | ||||||
17 | LIQUIDATION DATED JULY 1, 2004 | |||||
(AS AMENDED) | ||||||
18 | ||||||
Confirmation Hearing | ||||||
19 | Date: | October 20, 2004 | ||||
Time: | 2:00 p.m. | |||||
20 | Place: | Courtroom 301 | ||||
3420 Twelfth Street | ||||||
21 | Riverside, California 92501 | |||||
22 | Judge: | Hon. Mitchel R. Goldberg |
23 | At a hearing (the “Confirmation Hearing”) held on October 20, 2004, at 2:00 | |
24 | p.m., in the Courtroom of the undersigned United States Bankruptcy Judge, this Court | |
25 | considered (i) the Consolidated Plan of Liquidation Dated July 1, 2004 (as Amended) (the | |
26 | “Plan”), filed by Consolidated Freightways Corporation of Delaware (“CFCD”), Consolidated | |
27 | Freightways Corporation (“CFC”), Redwood Systems, Inc., Leland James Service Corporation, | |
28 | CF Airfreight Corporation and CF MovesU.com Incorporated (collectively, the “Debtors,” and |
![]() |
1 | each a “Debtor”), (ii) the modifications to the Plan put on the record at the Confirmation | |
2 | Hearing, (iii) the documents, evidence and matters listed in the Findings of Fact and Conclusions | |
3 | of Law re: Order Confirming Debtors’ Consolidated Plan of Liquidation Dated July 1, 2004 (as | |
4 | Amended), entered by this Court concurrently herewith (the “Findings and Conclusions”), (iv) | |
5 | the declarations and other evidence submitted in support of the Plan, (v) the objections and | |
6 | responses filed to the Plan as set forth on the docket of these cases, and (vi) the arguments and | |
7 | evidence proffered at the Confirmation Hearing. Capitalized terms not defined herein shall have | |
8 | the meanings ascribed to them in the Amended Plan (as defined below). Appearances were | |
9 | made at the Confirmation Hearing as noted on the record of the Confirmation Hearing. Based on | |
10 | the record in these cases, the Findings and Conclusions entered contemporaneously herewith, | |
11 | and good cause and adequate notice appearing therefor, | |
12 | IT IS HEREBY ORDERED THAT: | |
13 | A. The Plan, as modified herein and attached hereto as Exhibit “A” (the | |
14 | “Amended Plan”), isCONFIRMED and approved in its entirety; to the extent there exists any | |
15 | conflict or discrepancy between the Amended Plan and this Confirmation Order, this | |
16 | Confirmation Order shall control. The Debtors are hereby authorized to take all steps and do all | |
17 | things necessary to implement the Amended Plan. | |
18 | B. The failure to reference or discuss any particular provision of the | |
19 | Amended Plan in this Confirmation Order shall have no effect on this Court’s approval and | |
20 | authorization of, or the validity, binding effect, and enforceability of, such provision; and each | |
21 | provision of the Amended Plan is authorized and approved and shall have the same validity, | |
22 | binding effect, and enforceability as every other provision of the Amended Plan, whether or not | |
23 | mentioned in this Confirmation Order. | |
24 | C. All objections to confirmation of the Amended Plan that were not | |
25 | withdrawn or otherwise resolved in the manner stated on the record of the Confirmation Hearing | |
26 | or in papers filed with the Court prior to the Confirmation Hearing are overruled. | |
27 | D. The Plan is hereby deemed modified pursuant to Section 1127(a) of the | |
28 | Bankruptcy Code and Section 15.4 of the Plan to reflect the following: |
![]() | 2 |
1 | 1. Section 1.2.89 of the Plan is modified by deleting the period at the end | |
2 | thereof and inserting the following in lieu thereof: “;providedthat, in determining the amount of | |
3 | Allowed Priority Non-Tax Claims under section 507(a)(4) of Bankruptcy Code, the Debtors shall | |
4 | prorate such Claims to the extent required by law in the event that the aggregate amount of such | |
5 | Claims exceeds the cap set forth in section 507(a)(4)(B) of the Bankruptcy Code.” | |
6 | 2. Section 3.3 of the Plan is deleted in its entirety and the following is | |
7 | inserted in lieu thereof: | |
8 | 3.3 Priority Tax Claims. | |
9 | With respect to each Allowed Priority Tax Claim, at the sole option of the | |
10 | Debtors or the Trustee, as applicable, the Trust shall pay to each Holder of an Allowed | |
11 | Priority Tax Claim on account of such Allowed Priority Tax Claim, in full satisfaction, | |
12 | settlement, release and discharge of such Allowed Priority Tax Claim, (a) in accordance | |
13 | with Bankruptcy Code section 1129(a)(9)(C), equal Cash payments made on the last | |
14 | Business Day of every three-month period following the Effective Date, over a period not | |
15 | exceeding six years after the assessment of the tax on which such Claim is based, totaling | |
16 | the principal amount of such Claim, (b) such other treatment agreed to by the Holder of | |
17 | such Allowed Priority Tax Claim and the Debtors in writing prior to Confirmation, | |
18 | provided such treatment is no less favorable to the Debtors than the treatment set forth in | |
19 | clause (a) hereof, or (c) payment in full on or as soon as practicable after the Effective | |
20 | Date,provided that alternative (a) under this section shall not be used by the Debtors or | |
21 | the Trustee without the prior consent of the Committee or the Oversight Committee, as | |
22 | applicable. Interest on Allowed Priority Tax Claims will accrue, and be payable, as | |
23 | follows: (i) the Debtors shall not be required to pay post-petition interest on any Allowed | |
24 | Priority Tax Claim (or any portion thereof) that is paid on the Effective Date or within | |
25 | thirty (30) days thereafter; (ii) except for any Allowed Priority Tax Claim (or any portion | |
26 | thereof) paid pursuant to subsection (i) above, the Debtors shall pay interest at the Prime | |
27 | Rate (as defined below) on any unpaid Priority Tax Claim (or any unpaid portion thereof) | |
28 | to the extent it becomes an Allowed Priority Tax Claim, during the period from the |
![]() | 3 |
1 | Effective Date through the earlier to occur of payment of such Allowed Priority Tax | |
2 | Claim (or portion thereof) or the first Business Day that is at least one (1) year after the | |
3 | Effective Date (the “First Anniversary Date”) and (iii) for any Allowed Priority Tax | |
4 | Claim (or any portion thereof) that is not paid on or before the First Anniversary Date, | |
5 | the Debtors shall be required to pay, in addition to the accrued interest described in | |
6 | subsection (ii) above, interest (from and after the First Anniversary Date) at a rate equal | |
7 | to the Prime Rateplus one percent (1%) until such Allowed Priority Tax Claim (or | |
8 | portion thereof) is paid in full in accordance with this section 3.3. As used in this section | |
9 | 3.3, the term “Prime Rate” means an adjustable rate of interest equal to the prime rate as | |
10 | announced inThe Wall Street Journal (National Edition) on the Effective Date as | |
11 | adjusted thereafter on a monthly basis on the first Business Day of each calendar month | |
12 | after the Effective Date, as announced inThe Wall Street Journal (National Edition). The | |
13 | Trust shall have the right to pay any Allowed Priority Tax Claim, or any remaining | |
14 | balance of such Claim, in full, at any time on or after the Effective Date, without | |
15 | premium or penalty of any kind (other than accrued interest calculated in accordance with | |
16 | this section 3.3). | |
17 | 3. Subsection (9) of Section 7.4 of the Plan is modified by inserting the | |
18 | following immediately after the semicolon at the end thereof: “providedthat, in the event that | |
19 | the annual premiums for insurance or bonds to insure the Trustee or the Oversight Committee | |
20 | and its members exceed $250,000 in the aggregate, Court approval shall be required after notice | |
21 | to the Office of the United States Trustee, Crown Enterprises, Inc., Atlas Oil Holdings, Co., the | |
22 | Pension Benefit Guaranty Corporation, the Debtors and any other person that specifically | |
23 | requests notice of post-Effective Date matters brought before the Court;”. | |
24 | 4. Subsection (11) of Section 7.4 of the Plan is modified by deleting the | |
25 | period at the end thereof and inserting the following in lieu thereof: “;providedfurtherthat, | |
26 | notwithstanding the foregoing, the Trustee must disclose to the Court, in advance, with notice to | |
27 | the Office of the United States Trustee, Crown Enterprises, Inc., Atlas Oil Holdings, Co., the | |
28 | Pension Benefit Guaranty Corporation, the Debtors and any other person that specifically |
![]() | 4 |
1 | requests notice of post-Effective Date matters brought before the Court, the identity of any | |
2 | insider (as such term is defined in Section 101(31) of the Bankruptcy Code) of the Trustee or any | |
3 | member of the Oversight Committee that the Trustee intends to employ at the expense of the | |
4 | Trust;”. | |
5 | 5. Section 8.4 of the Plan is modified by deleting the period in the second | |
6 | sentence and inserting the following in lieu thereof: “;providedthat, notwithstanding the | |
7 | foregoing, the Oversight Committee must disclose to the Court, in advance, with notice to the | |
8 | Office of the United States Trustee, Crown Enterprises, Inc., Atlas Oil Holdings, Co., the | |
9 | Pension Benefit Guaranty Corporation, the Debtors and any other person that specifically | |
10 | requests notice of post-Effective Date matters brought before the Court, the identity of any | |
11 | insider (as such term is defined in section 101(31) of the Bankruptcy Code) of the Trustee or any | |
12 | member of the Oversight Committee that the Oversight Committee intends to employ at the | |
13 | expense of the Trust.” | |
14 | 6. Section 9.20 of the Plan is deleted in its entirety and the following is | |
15 | inserted in lieu thereof: | |
16 | 9.20 Setoff and Recoupment | |
17 | Nothing in the Plan shall impair the right of any Person, including the Debtors, to | |
18 | set off any obligation which it has against any mutual obligation of another party in | |
19 | accordance with applicable non-bankruptcy law or to assert a right of recoupment in | |
20 | accordance with otherwise applicable non-bankruptcy law. Subject to the preceding | |
21 | sentence, the Trust may, but shall not be required to, set off claims of any nature that the | |
22 | Debtor or the Trust may have against the Holder of any Allowed Claim, whether or not | |
23 | the Debtor’s or the Trust’s claim is released pursuant to the Plan, against any Allowed | |
24 | Claim of such Holder, and against the Distributions to be made by the Trust pursuant to | |
25 | the Plan on account of such Allowed Claim,provided, however, that neither the failure to | |
26 | effect such a setoff, nor the allowance of any Claim against the Debtor or Trust, shall | |
27 | constitute a waiver or release by the Debtor or the Trust of any claim that the Debtor or | |
28 | the Trust may possess against such Holder. Any Creditor that receives a distribution(s) |
![]() | 5 |
1 | under this Plan and thereafter seeks to exercise a valid right of setoff or recoupment with | |
2 | respect to the unpaid portion of its Allowed Unsecured Claim shall, as a condition to the | |
3 | exercise of such right, return to the Trust an amount, if any, equal to the difference | |
4 | between the amount of the distribution(s) received by such Creditor under the Plan and | |
5 | the amount of the distribution(s) such Creditor would have received had the setoff or | |
6 | recoupment occurred as of the Effective Date. Thus, for example, if a Creditor has an | |
7 | Allowed Unsecured Claim in the amount of $1,000,000 and the distribution to Holders of | |
8 | Allowed Class 4 Claims equals $.15 for every $1 of Allowed Unsecured Claim under the | |
9 | Plan, the Creditor would receive $150,000 in Distributions under the Plan. If the Trustee | |
10 | thereafter asserts an action against the Creditor seeking $800,000 in damages, assuming | |
11 | that (a) the Creditor could exercise the right of setoff with respect to this liability under | |
12 | applicable non-bankruptcy law and (b) the setoff had occurred as of the Effective Date | |
13 | (before any Distributions under the Plan had occurred), the Creditor’s Unsecured Claim | |
14 | would have been Allowed in the amount of $200,000 ($1,000,000less the $800,000 | |
15 | setoff), for which it would have received Distributions totaling $30,000 in the aggregate. | |
16 | Thus, in order for the Creditor to exercise its right of setoff in this instance, it would be | |
17 | required to pay to the Trust $120,000, which equals the difference between the $150,000 | |
18 | in actual Distributions that such Creditor received under the Plan and the $30,000 in | |
19 | Distributions that it would have received under the Plan had the setoff been exercised on | |
20 | or before the Effective Date. | |
21 | 7. Section 12.9 of the Plan is modified by inserting the following phrase at | |
22 | the start of subsection (d) thereof: “except as set forth in section 9.20 above,”. | |
23 | 8. The first sentence of Section 12.11 of the Plan is modified by deleting the | |
24 | word “and” immediately after the words “other than the Debtors, the Trust” and inserting a | |
25 | comma in lieu thereof, and adding the following immediately after the words “the LLC Entities”: | |
26 | “and, solely as provided in Section 12.4 of the Plan, GE Capital”; | |
27 | 9. The following is added as a new Section 15.22 to the Plan: | |
28 | 15.22 Consolidation Stipulation and Other Agreements |
![]() | 6 |
1 | Except as expressly set forth in the Confirmation Order, nothing in the Plan shall | |
2 | modify, alter or amend the Consolidation Stipulation, the Consolidation Order, the | |
3 | Stipulation Between CNF Inc. and Its Affiliates and Debtors with Respect to Canadian | |
4 | Sale Proceeds Distribution, filed on February 23, 2004 (the “CNF Stipulation”), or that | |
5 | certain Reimbursement Agreement between Bank of America, N.A. and CFCD (the | |
6 | Reimbursement Agreement). From and after the Effective Date, the Trust shall be | |
7 | deemed to have assumed the Debtors’ obligations under the Consolidation Stipulation, | |
8 | the CNF Stipulation and the Reimbursement Agreement, and shall be bound by the terms | |
9 | thereof. | |
10 | E.Binding Effect. Pursuant to Section 1141 of the Bankruptcy Code, and | |
11 | except as expressly provided in the Amended Plan or this Confirmation Order, the provisions of | |
12 | the Amended Plan (including the exhibits to, and all documents and agreements executed | |
13 | pursuant to, the Amended Plan) and this Confirmation Order shall be binding on (i) the Debtors, | |
14 | (ii) the Trustee, (iii) the Oversight Committee, (iv) all holders of Claims against and Interests in | |
15 | the Debtors, whether or not impaired under the Amended Plan and whether or not, if impaired, | |
16 | such holder accepted the Amended Plan, and (v) each person acquiring property under the | |
17 | Amended Plan. | |
18 | F.Contracts and Leases. On the Effective Date, all executory contracts and | |
19 | unexpired leases of the Consolidated Estate shall be rejected by the Debtors pursuant to the | |
20 | provisions of Sections 365 and 1123 of the Bankruptcy Code, except for those executory | |
21 | contracts and unexpired leases that (i) have already been assumed or rejected pursuant to an | |
22 | earlier Order of the Court, (ii) are to be assumed and assigned to the Trust pursuant to the | |
23 | Amended Plan, or (iii) are the subject of a motion for such an Order pending as of the Effective | |
24 | Date. All Assumed Executory Contracts set forth on Exhibit “B” hereto shall be deemed | |
25 | assumed and assigned to the Trust as of the Effective Date. | |
26 | G.General Authorizations. Pursuant to Section 1142(b) of the Bankruptcy | |
27 | Code, the Debtors, the Trustee, the Oversight Committee and all other necessary parties are | |
28 | authorized and empowered to (a) execute and deliver any instrument, agreement or document, |
![]() | 7 |
1 | (b) perform any act that is necessary, desirable or required to effectuate or comply with the terms | |
2 | and conditions of the Amended Plan and consummate the Amended Plan and the transactions | |
3 | contemplated therein, and are authorized and empowered, without limitation, to take all actions | |
4 | necessary or appropriate to enter into, implement, and consummate the contracts, instruments | |
5 | and other agreements or documents created in connection with the Amended Plan, and (c) take | |
6 | any and all actions that deem to be necessary, appropriate or desirable to effectuate the | |
7 | provisions of Section 6.11 of the Amended Plan. | |
8 | H.Trust Agreement. The Trust Agreement shall be, and hereby is, approved | |
9 | in all respects, and the Debtors, the Committee, the Trustee and the Oversight Committee are | |
10 | hereby authorized to enter into, and perform their respective obligations under, the Trust | |
11 | Agreement in substantially the form attached as Exhibit K to the Disclosure Statement with such | |
12 | non-material modifications, changes and amendments to which they shall reasonably agree or | |
13 | which might reasonably be required or desirable to conform the Trust Agreement to the | |
14 | provisions of this Order. | |
15 | I.Post-Petition Agreements. The Debtors shall be deemed to have assigned | |
16 | to the Trustee all of the agreements, contracts and leases set forth on Exhibit “C” hereto | |
17 | (collectively, the “Post-Petition Agreements”) effective as of the Effective Date or such other | |
18 | date as may be agreed to between the Debtors and the applicable non-debtor party thereto, and, | |
19 | from and after such time, the Trust shall be deemed to have assumed the Debtors’ obligations | |
20 | thereunder and be bound thereby. The Trustee is authorized and directed to perform under the | |
21 | Post-Petition Agreements according to their terms and to enter into such agreements, documents, | |
22 | acknowledgements and instruments as may be reasonably requested by any of the non-Debtor | |
23 | parties to the Post-Petition Agreements in order to implement or evidence the provisions of this | |
24 | section. | |
25 | J.Authorizations Under Applicable Non-Bankruptcy Law. The Debtors and | |
26 | the Trustee are authorized and empowered pursuant to Section 105 of the Bankruptcy Code to | |
27 | take any and all actions reasonably necessary to implement the transactions contemplated by the | |
28 |
![]() | 8 |
1 | Amended Plan and this Confirmation Order, all without further corporate action or action of the | |
2 | directors or stockholders of the Debtors. | |
3 | K.Exemption from Transfer Taxes. Pursuant to Section 1146(c) of the | |
4 | Bankruptcy Code, the issuance, transfer or exchange of any security or the making or delivery of | |
5 | any Instrument of transfer under the Amended Plan may not be taxed under any law imposing a | |
6 | stamp tax, use tax, sales tax or similar tax. Any sale of any Asset occurring before, after or upon | |
7 | the Effective Date shall be deemed to be in furtherance of the Amended Plan. | |
8 | L.Professional Compensation and Reimbursement Claims. All professionals | |
9 | or other Persons requesting compensation or reimbursement of expenses pursuant to any of | |
10 | Sections 327, 328, 330, 331, 503(b) and 1103 of the Bankruptcy Code for services rendered on | |
11 | or before the Effective Date (including, inter alia, any compensation requested by any | |
12 | professional or any other Person for making a substantial contribution in the Cases) shall File | |
13 | and serve on the Debtors and the Trustee an application for final allowance of compensation and | |
14 | reimbursement of expenses no later than (i) sixty (60) days after the Effective Date (or, if such | |
15 | day is not a Business Day, the first Business Day after such day), or (ii) such later date as this | |
16 | Court shall order upon application made prior to the end of such 60-day period. Objections to | |
17 | applications of professionals or other Persons for compensation or reimbursement of expenses | |
18 | must be Filed and served on the Debtors, the Trustee, the Oversight Committee, and the | |
19 | professionals to whose application the objections are addressed, on or before (i) thirty (30) days | |
20 | after such application is Filed and served or (ii) such later date as the Court shall order upon | |
21 | application made prior to the end of such 30-day period or upon agreement between the Trustee | |
22 | and the affected professional. Any professional fees and reimbursements of expenses incurred | |
23 | by the Debtors, the Trustee and the Oversight Committee subsequent to the Effective Date may | |
24 | be paid by the Debtors and the Trustee, as applicable, without application to or Order of the | |
25 | Court. | |
26 | M.Payment of U.S. Trustee Fees. All fees payable by the Debtors on or | |
27 | before the Effective Date pursuant to 28 U.S.C. § 1930 shall be paid by the Debtors on or before | |
28 |
![]() | 9 |
1 | the Effective Date. The Trust shall be liable for all fees payable under 28 U.S.C. § 1930 from | |
2 | and after the Effective Date. | |
3 | N.Amendments and Supplements to the Amended Plan. Any duly | |
4 | authorized amendments and supplements to the Amended Plan are hereby approved. | |
5 | O.Settlements. The agreements, settlements, transactions and transfers | |
6 | implemented through the Amended Plan are fair, equitable and reasonable, are entered into in | |
7 | good faith, are in the best interests of the Debtors, the Consolidated Estate, the creditors and their | |
8 | shareholders, and help provide adequate means for implementing the Amended Plan. | |
9 | P.Post-Confirmation Notices. Except as otherwise provided in the Amended | |
10 | Plan and this Confirmation Order, notice of all subsequent pleadings in these Chapter 11 Cases | |
11 | shall be limited to counsel for the Debtors, counsel for the Trustee, counsel to the Oversight | |
12 | Committee, the United States Trustee and any other person that specifically requests notice of | |
13 | post-Effective Date matters brought before the Court, unless otherwise specified in an Order by | |
14 | this Court. | |
15 | Q. Injunction. Except to the extent provided to the contrary in the Amended | |
16 | Plan (including, without limitation, section 9.20 thereof) or herein, all Persons who have held, | |
17 | hold or may hold Claims whether or not released above, rights, causes of action, or liabilities or | |
18 | any Interest based upon any act or omission, transaction or other activity of any kind or nature | |
19 | that occurred prior to the Effective Date, regardless of the Filing, lack of Filing, allowance or | |
20 | disallowance of such Claim or Interest and regardless of whether such Person has voted to accept | |
21 | or reject the Plan, and any successors, assigns or representatives of the foregoing, shall be | |
22 | precluded and permanently enjoined on and after the Effective Date from (a) commencing or | |
23 | continuing in any manner any action, cause of action or other proceeding of any kind with | |
24 | respect to any Claim, Interest or any other right or demand against the Debtors, or any Assets of | |
25 | the Debtors, (b) the enforcement, attachment, collection or recovery by any manner or means of | |
26 | any judgment, award, decree or Order with respect to any Claim, Interest or any other right or | |
27 | Claim against the Debtors, or any Assets of the Debtors, (c) creating, perfecting or enforcing any | |
28 | encumbrance of any kind with respect to any Claim, Interest or any other right or demand against |
![]() | 10 |
1 | the Debtors, or any Assets of the Debtors, and (d) asserting any right to subrogation, setoff or | |
2 | recoupment of any kind with respect to any Claim, Interest or any other right or demand against | |
3 | the Debtors, or any Assets of the Debtors;providedthat, the foregoing injunction, insofar as it | |
4 | relates to any action, cause of action or other proceeding against any of the Debtors, shall | |
5 | terminate on the earlier to occur of (i) the dissolution of such Debtor and (ii) the closing of such | |
6 | Debtor’s Case. | |
7 | R.Applicable Non-Bankruptcy Law. Pursuant to Sections 1123(a) and | |
8 | 1142(a) of the Bankruptcy Code, the provisions of this Confirmation Order, the Amended Plan, | |
9 | and any amendments or modifications thereto shall apply and be enforceable notwithstanding | |
10 | any otherwise applicable nonbankruptcy law. | |
11 | S.Semi-Annual Reports. On a semiannual basis, the Trust shall prepare a | |
12 | status report setting forth, among other things, a brief description of the status of implementation | |
13 | of the Plan, a summary of any distributions made by the Trust since, as applicable, the Effective | |
14 | Date or the previous status report, a description of the expenses and costs paid by the Trust since, | |
15 | as applicable, the Effective Date or the previous status report, a summary of the Trust’s assets, | |
16 | including, without limitation, reserves, and an estimate as to when the Cases will be closed. The | |
17 | Trust shall file two (2) copies of each status report with the Court and serve each report on the | |
18 | United States Trustee, the Oversight Committee and any other person that specifically requests | |
19 | notice of post-Effective Date matters brought before the Court. | |
20 | T.Modified Stay of Confirmation Order. Pursuant to Bankruptcy Rule | |
21 | 3020(e), this Confirmation Order shall be stayed for ten (10) days after its entry (the “Stay | |
22 | Period”). However, the provisions of Federal Rule of Civil Procedure 62(a) and Bankruptcy | |
23 | Rule 7062 shall not apply to this Confirmation Order, and the Debtors are authorized to | |
24 | consummate the Amended Plan immediately following the Stay Period. | |
25 | Dated:November 18, 2004 | |
26 | ||
27 | /s/ Mitchel R. Goldberg The Honorable Mitchel R. Goldberg United States Bankruptcy Judge | |
28 |
![]() | 11 |
1 | Submitted by: | |
2 | LATHAM & WATKINS LLP | |
3 | By: /s/ Gregory O. Lunt | |
4 | Gregory O. Lunt Counsel for Debtors and Debtors-in-Possession | |
5 | ||
6 | Approved as to Form and Content: | |
7 | STUTMAN TREISTER & GLATT, P.C. | |
8 | ||
9 | By /s/ Gary Klausner | |
10 | Gary Klausner Counsel for the Official Committee of Creditors Holding Unsecured Claims | |
11 | ||
12 | ||
13 | ||
14 | ||
15 | ||
16 | ||
17 | ||
18 | ||
19 | ||
20 | ||
21 | ||
22 | ||
23 | ||
24 | ||
25 | ||
26 | ||
27 | ||
28 |
![]() | 12 |