Free Designated Record on Appeal - District Court of Delaware - Delaware

Case 1:07-cv-00411-GMS

Document 2

Filed 06/25/2007

Page 1 of 2

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In Re: Pillowtex Corporation, et al., Debtors. ) ) ) ) ) ) ) Chapter 11 Case No. 03-12339 (PJW) Jointly Administered
RE: Docket No. 2908 and 2925

STATEMENT OF THE ISSUES ON APPEAL AND DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD ON APPEAL Pursuant to Federal Rule of Bankruptcy Procedure 8006, Wellman, Inc., and American & Efird, Inc., creditors of the estates in this case, with regard to the notice of appeal filed on May 29, 2007, of the Bankruptcy Court's Order Approving Settlement Agreement and Release of Claims with Stein Fibers Ltd. entered on May 16, 2007, hereby state the issues to be decided on appeal and designate the items to be included in the record on appeal. STATEMENT OF THE ISSUES TO BE DECIDED ON APPEAL 1. Whether the Debtors had established a sufficient evidentiary foundation for the

Bankruptcy Court to determine the Debtors' proposed settlement of the claims against Stein Fibers Ltd. 2. Whether the Bankruptcy Court erred in approving the Debtors' proposed

settlement of the claims against Stein Fibers Ltd. on the record that was before the Bankruptcy Court. DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD 1. Debtors' Motion Pursuant to Rule 9019 of the Federal Rules of Bankruptcy

Procedure to Approve Settlement Agreement and Release of Claims With Stein Fibers Ltd. filed and entered on April 26, 2007 [Docket No. 2879].

Case 1:07-cv-00411-GMS

Document 2

Filed 06/25/2007

Page 2 of 2

2.

Objection of Wellman, Inc., and American & Efird, Inc., to Debtors' Motion for

Approval of Proposed Settlement of Preference Claim Against Stein Fibers, Ltd. filed and entered on May 10, 2007 [Docket No. 2891]. 3. Debtors' Reply to Objection of Wellman, Inc., and American & Efird, Inc., to

Debtors' Motion for Approval of Proposed Settlement of Preference Claim Against Stein Fibers Ltd. filed and entered on May 14, 2007 [Docket No. 2897]. 4. 5. Transcript of proceedings before the Honorable Peter J. Walsh on May 16, 2007. Order Approving Settlement Agreement and Release of Claims With Stein Fibers

Ltd. entered on May 16, 2007 [Docket No. 2908]. 6. Notice of appeal by Wellman, Inc., and American & Efird, Inc. filed and entered

on May 29, 2007 [Docket No. 2925]. Dated this 8th day of June, 2007. BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP Bradford J. Sandler Bradford J. Sandler, Esquire (No. 4142) 222 Delaware Avenue, Suite 801 Wilmington, Delaware 19801 Telephone: 302-442-7010 Facsimile: 302-442-7012 and David M. Grogan, Esquire N.C. Bar No. 19570 SHUMAKER, LOOP & KENDRICK, LLP 128 South Tryon Street, Suite 1800 Charlotte, North Carolina 28202 Telephone: 704-375-0057 Facsimile: 704-332-1197 Attorneys for Wellman, Inc., and American & Efird, Inc.

1447277_1

2