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

Case 1 :07-cv-00212-JJF Document 2 Filed O4/20/2007 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter ll
FOAMEX INTERNATIONAL INC., etal., ) Case No. 05-12685 (KG)
) Appeal No.
Debtors. ) (J ointly Administered)
DESIGNATION OF THE RECORD ON APPEAL BY APPELLANT BANK OF
NEW YORK, AS INDENTURE TRUSTEE AND STATEMENT OF ISSUE ON APPEAL
Appellant The Bank of New York, as Indenture Trustee under an indenture dated as of
December 23, 1997 (the "2005 Notes Indenture"), by and between BNY, as trustee, Foamex L.P
and Foamex Capital Corporation (collectively with certain affiliates, the "Debtors"), each as
Issuer, and certain subsidiary guarantors thereto, by and through its undersigned counsel,
designates the following items to be included in the record on appeal and the following issue to
be presented on appeal:
DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD
1. Memorandum of Law of the Bank of New York, as Indenture Trustee, in Support
of Entry of Order Compelling Debtors to Pay Post-Maturity Compound Interest on their 2005
Notes in Accordance with their Confirmed Chapter ll Plan (Docket No. 2298) (the "Op<-ming
Memorandum").
2. Exhibits A and B to the Opening Memorandum.
3. Memorandum of Law in Opposition to the Request ofthe Bank of New York, as
Indenture Trustee, for Entry of an Order Compelling the Debtors to Pay Post-Maturity
Compound Interest on the 2005 Subordinated Notes (Docket No. 2379).

Case 1:07-cv-00212-JJF Document 2 Filed O4/20/2007 Page 2 of 3
4. Reply Memorandum of Law of The Bank Of New York, as Indenture Trustee, to
Reorganized Debtors’ Memorandum of Law in Opposition to the Request of The Bank of New
York, as Indenture Trustee, for Entry of an Order Compelling the Debtors to Pay Post-Maturity
Compound Interest on the 2005 Subordinated Notes (Docket No. 2400).
5. Order Denying the Request of The Bank of New York, as Indenture Trustee, to
Compel the Reorganized Debtors to Pay Post-Maturity Compound Interest on the 2005 Notes
(Docket No. 2430).
6. Transcript of Omnibus Hearing Before Honorable Kevin Gross United States
Bankruptcy Judge, March 21, 2007, Case No. 05-12685 (Docket No. 2453).
7. Order and Findings of` Fact, Conclusions: of Law Confirming Debtors' Second
Amended Joint Plan of Reorganization under Chapter 11 of the Bankruptcy Code, dated
November 27, 2006, as Modified (Docket No. 2269).
8. Second Amended Chapter 11 Plan (Joint) of Reorganization under Chapter 11 of
the Bankruptcy Code (Docket No. 1994) (the "P1an").
9. Second Amended Disclosure Statement fcr Debtors’ Second Amended Joint Plan
of Reorganization under Chapter 11 of the Bankruptcy Code (Docket No. 1993).
STATEMENT OF ISSUE ON APPEAL
10. W'hether the Bankruptcy Court erred in tinding that, under New York law, the
2005 Notes Indenture does not require the payment of post-maturity compound interest, meaning
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Case 1:07-cv-00212-JJF Document 2 Filed O4/20/2007 Page 3 of 3
that the solvent Debt0rs’ failure to pay such interest did not render the claims of the holders of
the 2005 Subordinated Notes impaired in violation of the Plan?
Dated: April 12, 2007
Wilmington, Delaware
POT ERSON & CORROON LLP
Laurie Selber Silverstein (No. 2396)
Gabriel MacConaill (No. 4734)
Hercules Plaza
1313 North Market Street, 6th Floor
Wilmington, Delaware 19801
Telephone: (302) 984-6000
Facsimile: (302) 658-1192
-a_nd..
DECHERT LLP
Glenn E. Siegel
Davin J. Hall
30 Rockefeller Plaza
New York, New York 10112
Telephone: (212) 698-3500
Facszmilez (212) 698-3599
Counsel to the Bank of New York,
as Indenture Trustee
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