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

Case 1:06-cv-00735-SLR Document 3 Filed 12/O4/2006 Page 1 of 4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
RADNOR HOLDINGS Case No. 06-10894 (PJ W)
CORPORATION, gt aL,
J ointly Administered
Debtors.
Related Docket N0. 512
APPELLEE’S STATEMENT OF ADDITIONAL ISSUES ON APPEAL AND
DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE
RECORD WITH RESPECT TO APPEAL OF ORDER GRANTING
OFFICIAL COMMITTEE OF UNSECURED CREDITORS STANDING TO
PROSECUTE ACTIONS ON BEHALF OF THE DEBTORS’ ESTATES
AGAINST TENNENBAUM CAPITAL PARTNERS, LLC, SPECIAL VALUE
EXPANSION FUND, LLC, SPECIAL VALUE OPPORTUNITIES FUND, LLC,
AND JOSE E. FELICIANO, AND RELATED RELIEF
The appellee in the above-captioned jointly administered bankruptcy cases, the Official
Committee of Unsecured Creditors (the "C0mmittee") of Radnor Holdings Corp., et ol.
(collectively, the "Debtors"), by and through its undersigned counsel, hereby files this (i)
statement of additional issues on appeal and (ii) designation of additional items to be included in
the record pursuant to Federal Rule of Bankruptcy Procedure 8006 in connection with this appeal
of the Order Granting the Official Committee of Unsecured Creditors Standing to Prosecute
Actions on Behalf of the Debtors’ Estates Against Tennenbaum Capital Partners, LLC, Special
Value Expansion Fund, LLC, Special Value Opporttmities Fund, LLC, and Jose E. Feliciano and
Related Relief (Docket No. 512) (the "Standing Order”), entered by the United States
Bankruptcy Court for the District of Delaware (the "Bankruptcy C0urt") on October 30, 2006.
The Committee agrees with the initial description of the procedural background of this
appeal set forth in the Debtors’ Statement of Issues on Appeal. (Docket No. 614, at 2-3).
Following the entry of the Standing Order, on October 31, 2006, the Committee tiled its
Complaint in the adversary proceeding, The Ojficial Committee of Unsecured Creditors of

Case 1:06-cv-00735-SLR Document 3 Filed 12/O4/2006 Page 2 of 4
Radnor Holdings Corporation, et al. v. Tennenbaum Capital Partners, LLC, et al., Adv. Proc.
No. 06-50909 (the “Adversary Pr0ceeding"). On November 1, 2006, the Debtors tiled an
Emergency Motion to Join Adversary Proceeding or, in the Alternative, to Intervene as of Right
(the "M0ti0n to Intervene"). The Bankmptcy Court granted the Motion to Intervene by oral
ruling on November 2, 2006, granting the Debtors leave to intervene in the Adversary
Proceeding as nominal defendants. Trial in the Adversary Proceeding commenced on November
2, 2006, and concluded on November 14, 2006. Counsel for the Debtors attended and
participated in the trial. On November 16, 2006, the Bankruptcy Court entered a Judgment in
Favor of Defendants On All Counts (the "Adversary Judgment"). On November 21, 2006, the
Bankruptcy Court entered an Order (With Revisions) (1) Approving Sale of Substantially All of
Debtors’ Assets Free and Clear of All Liens, Claims, Interests and Encumbrances; (2) Approving
Assumptions and Assignment of Certain Contracts and Leases; and (3) Granting Related Relief
(the "Sale Order").
STATEMENT OF ADDITIONAL ISSUES ON APPEAL
1. Whether Debtors have waived the present appeal as a result of filing the Motion
to Intervene and participating at trial in the Adversary Proceeding.
2. Whether the present appeal is moot.
3. Whether the present appeal is an improper appeal of an interlocutory order.
DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE RECORD
The Committee designates the additional items set forth below to be included in the
record on appeal:
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Case 1:06-cv-00735-SLR Document 3 Filed 12/O4/2006 Page 3 of 4
Appeal Docket Document
Record No. No.
34 144 9/11/06 Objection to Debtors' Motion for Order, Pursuant to 11
U.S.C. Sections 105, 361, 362, 363, 364 and Federal
Rule of Bankr. Procedure 4001; (I) Authorizing
Debtors (A) to Obtain Post-Petition Financing and (B)
to Utilize Cash Collateral; (II) Granting Adequate
Protection to Pre-Petition Secured Parties, and (III)
Scheduling Interim and Final Hearings filed by
Official Committee of Unsecured Creditors
35 161 9/13/06 Objection to Debtors' Application for Order Under
Bankr. Code Sections 327(e) and 1107(a) and Bankr.
Rules 2014 and 2016 Authorizing Employment and
Retention of Wilmer Cutler Pickering Hale and Dorr
LLP as Special Investigative Counsel to the Company
Acting through the Special Committee of the Board of
Directors of Radnor Holdings Corporation Nunc Pro
Tunc to August 25, 2006 filed by Official Committee
of Unsecured Creditors
36 172 9/13/06 Objection to Debtors' Motion For (I) An Order (A)
Establishing Bidding Procedures Relating To The Sale
Of The Debtors' Assets, (B) Scheduling A Hearing To
Consider The Proposed Sale And Approving The Form
And Manner Of Notice Thereoi (C) Establishing
Procedures Relating To The Assumption And
Assignment Of Certain Executory Contracts And
Unexpired Leases, Including Notice Of Proposed Cure
Amounts, (D) Approving Bid Protections, And (E)
Granting Certain Related Relief; And (Ii) An Order
(A) Approving The Proposed Sale, (B) Authorizing
The Assumption And Assignment Of Certain
Executory Contracts And Unexpired Leases, And (C)
Granting Certain Related Relief filed by Official
Committee of Unsecured Creditors
37 1A 10/31/06 Com laint
38 9A 11/1/06 Emergency Motion to Join Adversary Proceeding or,
in the Alternative, to Intervene as of Right
39 620 11/14/06 Transcri t of Trial held on November 2, 2006
40 38A 11/16/06 Jud ment in Favor of Defendants On All Counts
41 41A 11/16/06 Amended Findin s of Fact and Conclusions of Law
42 42A 11/20/06 Notice of Appeal of Judgment filed by The Official
Committee of Unsecured Creditors
' The designation "A" has been added to docket items from the Adversary Proceeding, No. 06-50909, to distinguish
those items from docket items in the underlying bankmptcy, No. 06-10894.
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Case 1:06-cv-00735-SLR Document 3 Filed 12/O4/2006 Page 4 of 4
Dated: Wilmington, Delaware
November 28, 2006
GREENBERG TRAURIG, LLP
By:
_ Donald Detweile 0. 3 7)
Victoria Counihan (No. 3488)
The Nemours Building
1007 North Orange Street, Suite 1200
Wilmington, Delaware 19801
Telephone: (302) 661 -7000
Facsimile: (302) 661-7360
[email protected]
[email protected]
-and-
Nancy A. Mitchell
Nancy A. Peterman
GREENBERG TRAURIG LLP
77 West Wacker Drive
Suite 2400
Chicago, Illinois 60601
Phone: (312) 456-8400
Facsimile (312) 456-8435
[email protected]
[email protected]
Counsel for the Official Committee of Unsecured
Creditors of Radnor Holdings Corporation, et al.
DEL-Fs1\164101v01
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