Free Response to Motion - District Court of Delaware - Delaware

Case 1:07-cv-00411-GMS

Document 10

Filed 10/13/2007

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE -----------------------------------x : : : In re: PILLOWTEX CORPORATION, et al., : : Debtors. : ------------------------------------------------------------- : : Wellman Inc. and American & Efird Inc., : Appellants, : v. : : Pillowtex Corporation , et al., : Appellees. : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- x

Case No. 07-cv-00411 (CSS) Jointly Administered Chapter 11 Bankruptcy Case No. 03-12339 (PJW) Related Docket Item: 6

JOINDER OF STEIN FIBERS, LTD. TO RESPONSE OF JOHN WAHOSKI, AS LIQUIDATING TRUSTEE, INOPPOSITION TO MOTION FILED BY APPELLANTS, WELLMAN, INC. AND AMERICAN & EFIRD, INC., SEEKING THE ENTRY OF AN ORDER GRANTING RELIEF FROM THE STANDING ORDER DATED JULY 23, 2004 RE: PROCEDURES TO GOVERN MEDIATION OF APPEALS FROM THE UNITED STATES BANKRUPTCY COURT FOR THIS DISTRICT Stein Fibers, Ltd. ("Stein"), by and through its counsel, Joseph J. Bodnar, hereby joins in the Response Of John Wahoski, As Liquidating Trustee, Inopposition To Motion Filed By Appellants, Wellman, Inc. And American & Efird, Inc., Seeking The Entry Of An Order Granting Relief From The Standing Order Dated July 23, 2004 Re: Procedures To Govern Mediation Of Appeals From The United States Bankruptcy Court For This District. Appellants objected to the settlement between the Pillowtex Corporation and its affiliated debtors and debtors in possession in the above ­ captioned cases (collectively, the"Debtors"), and Stein. They alleged that the Debtors treated Stein, a member of the Official Committee of Unsecured Creditors the ("Committee"), more favorably than other preference defendants. The

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Case 1:07-cv-00411-GMS

Document 10

Filed 10/13/2007

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Debtors did not treat Stein any differently. And Appellants' Objection and this appeal appear to have been merely an attempt to gain settlement leverage in their pending preference cases. WHEREFORE, Stein Fibers, Inc. respectfully requests that the entry of any orders approving the Motion be consistent with this Joinder. Dated: October 13, 2007 LAW OFFICES OF JOSEPH J. BODNAR By: /s/ JOSEPH J.BODNAR Joseph J. Bodnar (#2512) 2101 N. Harrison Street Wilmington, DE 19802 Tel: 302-652-5506 Fax: 320-213-2709 Email: [email protected] Attorneys for Stein Fibers, Ltd.

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Case 1:07-cv-00411-GMS

Document 10

Filed 10/13/2007

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CERTIFICATE OF SERVICE I hereby certify that I am over 18 years of age and not a party to this case, and on October 13, 2007, a copy of the foregoing JOINDER, was filed and caused to be served by email in accordance with the Local Rules for the electronic filings of documents using the CM/ECF system. /s/ JOSEPH J.BODNAR Joseph J. Bodnar (#2512)

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Case 1:07-cv-00411-GMS

Document 10-2

Filed 10/13/2007

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE -----------------------------------x : : : In re: PILLOWTEX CORPORATION, et al., : : Debtors. : ------------------------------------------------------------- : : Wellman Inc. and American & Efird Inc., : Appellants, : v. : : Pillowtex Corporation , et al., : Appellees. : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- x

Case No. 07-cv-00411 (CSS) Jointly Administered Chapter 11 Bankruptcy Case No. 03-12339 (PJW) Related Docket Item: 6

JOINDER OF STEIN FIBERS, LTD. TO RESPONSE OF JOHN WAHOSKI, AS LIQUIDATING TRUSTEE, INOPPOSITION TO MOTION FILED BY APPELLANTS, WELLMAN, INC. AND AMERICAN & EFIRD, INC., SEEKING THE ENTRY OF AN ORDER GRANTING RELIEF FROM THE STANDING ORDER DATED JULY 23, 2004 RE: PROCEDURES TO GOVERN MEDIATION OF APPEALS FROM THE UNITED STATES BANKRUPTCY COURT FOR THIS DISTRICT Stein Fibers, Ltd. ("Stein"), by and through its counsel, Joseph J. Bodnar, hereby joins in the Response Of John Wahoski, As Liquidating Trustee, Inopposition To Motion Filed By Appellants, Wellman, Inc. And American & Efird, Inc., Seeking The Entry Of An Order Granting Relief From The Standing Order Dated July 23, 2004 Re: Procedures To Govern Mediation Of Appeals From The United States Bankruptcy Court For This District. Appellants objected to the settlement between the Pillowtex Corporation and its affiliated debtors and debtors in possession in the above ­ captioned cases (collectively, the"Debtors"), and Stein. They alleged that the Debtors treated Stein, a member of the Official Committee of Unsecured Creditors the ("Committee"), more favorably than other preference defendants. The

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Case 1:07-cv-00411-GMS

Document 10-2

Filed 10/13/2007

Page 2 of 3

Debtors did not treat Stein any differently. And Appellants' Objection and this appeal appear to have been merely an attempt to gain settlement leverage in their pending preference cases. WHEREFORE, Stein Fibers, Inc. respectfully requests that the entry of any orders approving the Motion be consistent with this Joinder. Dated: October 13, 2007 LAW OFFICES OF JOSEPH J. BODNAR By: /s/ JOSEPH J.BODNAR Joseph J. Bodnar (#2512) 2101 N. Harrison Street Wilmington, DE 19802 Tel: 302-652-5506 Fax: 320-213-2709 Email: [email protected] Attorneys for Stein Fibers, Ltd.

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Case 1:07-cv-00411-GMS

Document 10-2

Filed 10/13/2007

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CERTIFICATE OF SERVICE I hereby certify that I am over 18 years of age and not a party to this case, and on October 13, 2007, a copy of the foregoing JOINDER, was filed and caused to be served by email in accordance with the Local Rules for the electronic filings of documents using the CM/ECF system. /s/ JOSEPH J.BODNAR Joseph J. Bodnar (#2512)

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