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

Case 1 :06-cv-00021-GIVIS Document 2 Filed 01/11/2006 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11
1
U.S. WIRELESS CORPORATION, INC., ) Case No. 01-10262
WIRELESS LOCATION ) through 01-10264 (PJW)
TECHNOLOGIES, INC., AND WIRELESS )
LOCATION SERVICES, INC., )
1
Debtors. ) Jointly Administered

1
THE LIQUIDATING TRUST OF U.S. )
WIRELESS CORPORATION, INC., )
WIRELESS LOCATION )
TECHNOLOGIES, INC., AND WIRELESS )
LOCATION SERVICES, INC., )
1
Plaintiff, )
1
v. ) Adv. Pro. No. 03-55654 (PJW)
1
NEERAJ BHATNAGAR, )
1
Defendant. )

DESIGNATION OF RECORD AND STATEMENT OF ISSUES ON APPEAL
Pursuant to 28 U .S.C. § 158(a) and Federal Rules of Bankruptcy
Procedure 8001, 8002 and 8006, appellant Neeraj Bhatnagar, by and through his
undersigned counsel, hereby designates the following items to be included in the record
on appeal and a statement of the issues to be presented on said appeal.
DESIGNAT ION OF RECORD ON APPEAL:
1. Complaint for Tumover and Recovery of Transfers [Docket No. 1,
filed on August 28, 2003];

Case 1:06-cv—00021-G|\/IS Document 2 Filed 01/11/2006 Page 2 of 3
2. Defendant’s Motion for Judgment on the Pleadings Pursuant to
Federal Rule of Bankruptcy Procedure 7012(b) [Docket No. 17,
filed on August 1, 2005];
3. Memorandum of Law in Support of Defendant’s Motion for
Judgment on the Pleadings Pursuant to Federal Rule of Bankruptcy
Procedure 70l2(b) [Docket No. 18, filed on August 1, 2005];
4. Defendant’s Motion to File Under Seal Defendant's Exhibit "F" to
Memorandum of Law in Support of Defendant°s Motion for
Judgment on the Pleadings Pursuant to Federal Rule of Bankruptcy
Procedure 70l2(b) [Docket No. 19, tiled on August l, 2005]:
5. Reply Brief in Support of Motion for Judgment on the Pleadings
Pursuant to Federal Rule of Bankruptcy Procedure 7012(b)
[Docket No. 21, filed on September 6, 2005].
6. Response by Defendant to Motion of the Liquidating Trust to File
Sur—Reply [Docket No. 25, filed on September 23, 2005].
7. Court’s Memorandum Opinion Dated November 23, 2005 with
respect to Defendant’s Motion for Judgment on the Pleadings
[Docket Nc. 28, filed on November 23, 2005]
8. Order Denying Defendant’s Motion for Judgment on the Pleadings
[Docket No. 29, Entered on November 23, 2005]
STATEMENT OF ISSUE PRESENTED ON APPEAL:
l. Whether the Bankruptcy Court erred in holding that "[s]ince the
Debtors never collected or withheld any money from Bhatnagar, no trust could have been
created" and that "[t]l1e property belonged to the Debtors and is, therefore, potentially
recoverable" in light of the ruling by the United States Supreme Court in Begier v. United
States 1RS, 878 F. 2d 762 (3rd Cir. 1989), afr"d, 496 U.S. 53, l10 S. Ct. 2258, ll0 L, Ed
2d 46 (1990).
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Case 1:06-cv—00021-G|\/IS Document 2 Filed 01/11/2006 Page 3 of 3
Dated: December 12, 2005
JASPAN SCHLESINGER HOFFMAN, LLP
By: /s/ Frederick B. Rosner
Frederick B. Rosner (No. 3995)
913 N. Market Street, 12th Floor
Wilmington, DE 19801
Telephone: (302) 351-8000
Facsimile: (302) 351-8010
Attorney for Appellant — Neeraj Bhatnagar
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