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

Case 1:07-cv-OOOO4-ER Document 3 Filed O1/O3/2007 Paget of3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
........· M ».»..»-»~»~~»»»·»»»»»·-·»·~»~-»~~~»--» » »-~»»»»»~»»~ mx
: Chapter 11
In re :
: Case No. 00-04471 (JKF)
ARMSTRONG WORLD INDUSTRIES, :
INC., et aL, : Jointly Administered
Reorganized Debtors} : RM D¤¤i<¤t N0- 19161
........--.....-...-.----·-· » »»~»-»--»- » -»·~~~»~»~~~~~~—» » -»-·»~ X
APPELLEE’S COUNTER»STATEMENT OF ISSUES AND
COUNTER~DESIGNATION OF RECORD WITH RESPECT TO
SEA-PAC SALES COMPANTS STATEMENT OF ISSUES
AND DESIGNATION OF RECORD ON APPEAL {DOCKET NO. I016},[
Pursuant to Rule 8006 ofthe Federal Rules of Bankruptcy Procedure, reorganized
Armstrong World Industries, Inc. ("A WI”), as appellee, hereby submits the following oour1ter~
statement of issues and counterdesignation of additional items to be included in the record in
connection with the appeal of Sea—Pac Sales Company ("Sea-·Pac") from the Order Denying Sea-
Pac’s Motion (I) to Stay Objection by AWE to Sea—Pac’s Proof of Claim Nor 4854 Pending
Arbitration, and (II) for Relief from the Automatic Stay, or in the Alternative, for Relief from the
Discharge Injunction entered on November 20, 2006 by the Bankruptcy Court (the Honorable
Judith K. Fitzgerald), and respectfully submits as follows:
I On December 6, 2000, AWI (as hereinafter defined) and two of its affiliated debtors, Nitram
Liquidators, inc. ("Ni!mm") and Desseaux Corporation of North America ("Dessenux"), each
commenced a case under chapter l i of title il ofthe United States Code (the “Bmzkruptcy C0a'e") in the
United States Bankruptcy Court for the District of Delaware (the "Bmzkr·uptqy C0url"), (Debtors’
Chapter ll Petitions, Docket No. i). By previous order of the Bankruptcy Court, dated December 7,
2000, the chapter Il cases ofthe Debtors are being jointly administered under Case No. 00-447i pursuant
to Rule l0i5 of the Federal Ruies of Bankruptcy Procedure. (Debtors’ Joint Administration Order,
Docket No. 10). On October 2, 2006, the "Effective Date" under AWI’s Fourth Amended Plan of
Reorganization, As Modified, dated February 21, 2006 (the “PIan”), occurred, and AWI emerged from
chapter ll protection, Chapter il plans for Nitrarn and Desseaux have not yet been tiled, Accordingly,
AWI is the only “reorganized debtor" in the captioned cases.
itt.1=i-1097026-r

Case 1:07-cv-OOOO4-ER Document 3 Filed O1/O3/2007 Page 2 of 3
COUNTER—STATEMENT OF ISSUES
l. Where Sea—Pac filed a proof of claim in November of 2004 asserting
breaches by AWI beginning in 2000 and 2002 and, prior to such date, Sea—Pac notified AWI on
numerous occasions of such alleged breaches, but Sea-·Pac never requested mediation or
arbitration until September i5, 2006, did the Bankruptcy Court properly find that Sea—Pac failed
to timely initiate arbitration under the terms ofthe expired underlying agreements because it did
not do so within 70 days of the dispute arising, such that the Bankruptcy Court’s factual
determination was not clearly erroneous?
2. Based on the facts presented to the Bankruptcy Court, did the Banloiuptcy
Court correctly conclude that it, rather than a panel of arbitrators, could determine that Sea~Pac
failed to timely initiate arbitration?
COUNTER-DESIGNATION OF RECORD
In addition to the items designated by Sea—Pac to be included in the record on
appeal, AWI designates the following items to be included: 2
Z.-Y-$No.'.-`li .-}.‘No. i " l .·-· .·`‘ .`·i_ij `_'= nf '‘_. li-; Q-‘;¥f -‘‘_--_.·`‘‘ = :__ - _`.- -"Q-*¤‘,".‘ ...· ‘-=--` i1i?:@/‘§ -.·' _" _·=-`_-·-
1. 3986 February 4, 2003 Motion for Order Pursuant to Section 503(a) of the
Banltruptcy Code and Bankruptcy Rule 3003(c)(3)
Fixing Final Date for Filing Requests for Payment of
Certain Administrative Expenses in AWl’s Chapter il
Case, Approving Proposed Claim Form, and
Establishing Notice Procedures
2. 4301 March 2i, 2003 Order Pursuant to Section 503(a) of the Bankruptcy
Code and Bankruptcy Rule 3003(c) Fixing a Final
Date for Filing Requests for Payment of Certain
Administrative Ex enses in AWI’s Chapter il Case,
2 AWI reserves the right to amend this counterdesignation of additional items to be
included in the record on appeal. For items designated, the designation includes all documents
referenced within the particular document number, including, without limitation, ali exhibits,
attachments, declarations, and affidavits related thereto.
2
Rl.Fl~3097036·l

Case 1:07-cv-OOOO4-ER Document 3 Filed O1/O3/2007 Page 3 of 3
._‘. .j.-;-No-3.:;; _-._ ;-;,=,_,N_6;;__;__ ; -‘__ —·_- .‘._- --_-_.--‘-. jj).-; ____-_ :2--;: -.-;_. ;-;; gf ;_ ;-__;;.;; ::_-_ _;..:;;i-E _-.; _ ;.;; _=__-: - ;:-; :-_-: -4:; _--._-. _:_-_- : -.
Approving Proposed Claim Form, and Establishing
Notice Procedures
3. 4841 May 29, 2003 Withdrawal of Proof of Claim No. 3528
4. 99l October 6, 2006 Supplemental Objection and Counterclaims of AWI
with Respect to Proof of Claim of Sea-Pac (Claim No.
4854)
5. 9951 October I6, 2006 Motion For An Order Authorizing Sea—Pac To File A
Reply To Objection Of AWI To Sea~Pac’s Motion To
Stay Objection To Sea—Pac’s Proof of Claim No. 4854
Pending Arbitration, and Fer Relief from Automatic
Stay or, in the Altemative, Relief from the Discharge
Inuiiction
Dated: December 2l, 2006 Respectfully submitted,
Wilmington, Delaware @
Mark . Collins (No. 2981)
Jason M. Madron (No. 4431)
RICHARDS, LAYTON & HNGER PMA.
One Rodney Square
PO. Box 551
Wilmington, Delaware l9899
(.302) 651~7700
-aiid—
Stephen Karotkin
Debra Dandeneau
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York t0l5.3
(212) 310~8000
ATTORNEYS FOR DEBTORS AND
DEBTORS IN POSSESSION
3
rmi-accross-t