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

Case 1:07-cv—OO075-G|\/IS Document2 Filed 02/09/2007 Page1 0f4
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
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In re: : Chapter 11 E
AMTROL HOLDINGS, INC., et a1.,: Case No. 06-11446 (KG)
: (Jointly Administered)
Debtors. :
Z Re: Docket No. 131
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DESIGNATION OF ITEMS TO BE INCLUDED IN THE
RECORD AND STATEMENT OF ISSUES ON APPEAL
T
Pursuant to Federal Bankruptcy Rule 8006, New England
Gas Company and Narragansett Electric Company, both d/b/a i
National Grid (collectively, the “Appellants”), by counsel, l
hereby (i) designate the items for inclusion in the record p
and (ii) state the issues, in connection with this appeal, as i
follows:
DESIGNATION OF RECORD
l. Transcript of the January ll, 2007, hearing.
2. The Debtors’ Motion Fbr a Bridge Order and a Final
Order (I) Prohibiting Utility Companies From Discontinuing,
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Altering or Refusing Service, (II) Establishing Procedures l
For Providing Deposits To Requesting Utilities, (III) Deeming i
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Case 1:07-cv—0O075-G|\/IS Document 2 Filed 02/09/2007 Page 2 of 4
_ Utility Companies To Have Adequate Assurance of Payment, and
(IV) Establishing Procedures For Resolving Requests Fbr
·»-»»w~s‘= eAdditional Assurance Pursuant To ll U.S.C. §§ lO5(a)·&. ·. _‘·- s -¤ · (
366(Docket No. 23)(the “Uti1ity Motion").
3. Exhibit C to the Utility Motion (Docket No. 29).
4.. Affidavit of Service dated December 19, 2006 (
(Docket No. 31).
A 5. Bridge Order (I) Prohibiting Utility Companies Prom l 1 hiwwy
1
Discontinuing, Altering or Refusing Service, (II) (
Establishing Procedures For Providing Deposits To Requesting g
1
Utilities, (III) Deeming Utility Companies To Have Adequate 1
Assurance of Payment, and (IV) Establishing Procedures Fbr (
Resolving Requests For Additional Assurance Pursuant To ll I
U.S.C. §§ l05(a) & 366 (Docket No. 51) (the “Bridge Order"). 1
6. Objection of New England Gas Company And I
Narragansett Electric Company, Both d/b/a National Grid To ` y
the Utiiity Motion (Docket No. 94) (the “Objection”). 1
U 7. Final Order (I) Prohibiting Utility Companies From Q
Discontinuing, Altering or Refusing Service, (II) y
Establishing Procedures For Providing Deposits To Requesting 1
Utilities, (III) Deeming Utility Companies To Have Adequate 1
Assurance of Payment, and (IV) Establishing Procedures Fbr 1 (
2
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Case 1:07-cv—OOO75-G|\/IS Document 2 Filed O2/O9/2007 Page 3 of 4 p
Resolving Requests For Additional Assurance Pursuant To ll
U.S.C. §§ lO5(a) & 366 that was entered on January ll, 2007
*‘* l‘=‘ v--·‘ f ** ~`(Docket No; 120) (the~“Final Order"); » 1 ~» ·‘Vl » ·1»ag;u i
8. Notice of Appeal dated January l9, 2007 (Docket No. j
131) .
STATEMENT OF ISSUES §
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Order on an ex parte basis, which required the Appellants to 5
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retain counsel and file an objection to retain its rights
under ll U.S.C. §366?
2. Did the adequate assurance of payment procedures W
approved by the Bankruptcy Court in the third Ordered
paragraph of the Final Order violate the provisions of ll ip
u.s.c. §366? i
3. Did the Bankruptcy Court err in holding that the E
Debtors’ Utility Motion was a pleading filed pursuant to ll i
U.S.C. §366(c)(3)(A) that was ripe for an evidentiary hearing j
and adjudication at the January ll, 2007 hearing?
2 4. Did the Bankruptcy Court err in holding an i
evidentiary hearing at the January ll, 2007 hearing on the \
Utility Motion and the Objection to the Utility Motion filed }
by Appellants? i
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Case 1:07-cv—OO075-G|\/IS Document 2 Filed 02/09/2007 Page 4 of 4
5. Did the Bankruptcy Court err in holding that 4
Appellant’s adequate assurance of payment request of a two-
month deposit should be modified to the payment of a two-week_ · . .
deposit pursuant to the Final Order? l
Dated: January 26, 2007 STEVENS &}f E, P.C.
q 4 p y _ /s/.~ i l D,. Demmyt, i 4 -_ _, _j, v_
John D. Demmy (I.D. No. 2802)
. 1105 North Market Street 9
7th Floor L
Wilmington, Delaware 19801 {
Phone: (302) 425-3308 l
Fax: (610) 371-8515
E-mail: [email protected]

-and-
Russell R. Johnson III i
2258 Wheatlands Drive
Manakin-Sabot, Virginia 23103 l
Phone: (804) 749-8861 l
l Counsel for Appellants i
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