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

Case 1 :05-cv-00882-JJF Document 3 Filed 12/22/2005 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter ll
DATATEC SYSTEMS, INC. and I Case N0. 04-13536 (PJW)
DATATEC INDUSTRIES, INC., ) Jointly Administered
Debtors. I Re: Docket No. 464
LIQUIDATING TRUSTEE’S STATEMENT OF ISSUES AND
COUNTERDESIGNATION OF ADDITIONAL ITEMS TO BE
INCLUDED IN RECORD ON APPEAL
Pursuant to Rule 8006 ofthe Federal Rules’of Bankruptcy Procedure, Stephen S. Gray,
the liquidating trustee (the "Liquidating Trustee") ofthe chapter ll estates of Datatec Systems, i..
Inc. and Datatec Industries, Inc. (collectiyely, the Debtors), on behalf of the Datatec Trust,
y successor in interest to_ the Debtors pursuant to the Debtors’ Second Amended Joint Plan of I rr r
I I Liquidation, hereby submits his statement ofthe issues "on appeal and designates the following ir.
additional items to be included in the record on Technology Infrastructure Solutions, Inc.’s
appeal of the following orders: (i) Order Denying Motion of Technology Infrastructure
Solutions, Inc. for an Order Enforcing Asset Purchase Agreement and Sale Order Against
Debtors; and (ii) Order Denying the Motion of Technology Infrastructure Solutions, Inc. for
Alteration or Amendment of Judgment Pursuant to Fed. R. Civ. P. 59(e), as Incorporated by Fed.
R. Bankr. P. 9023.
I. STATEMENT OF THE ISSUES ON APPEAL
A. Whether, in reaching its first alternative holding, the bankruptcy court erred in
holding that the rights to certain insurance premium refunds were not transferred under an
admittedly unambiguous Asset Purchase Agreement ("APA") because the refund entitlement did
not exist prior to the Closing Date and the APA specifically limited the assets transferred under.
the APA to those "existing on the Closing Date." I
122300.0rcs00r40rsss9ov.1

Case 1 :05-cv-00882-JJF Document 3 Filed 12/22/2005 Page 2 of 3
B. Whether, in reaching its second alternative holding, the bankruptcy court erred in
holding that the rights to certain insurance premium refunds were not transferred under an
admittedly unambiguous APA because the rights to such insurance premium refunds were
contained in the definition "Excluded Assets" in the APA and were excepted from the definition
of "Assets" under the APA.
II. COUNTERDESIGNATION OF THE RECORD ON APPEAL
Item N0. Document Docket No.
1 Debtor’s Second Amended Joint Plan of Liquidation- 375
. 2 Certification of Bruce Buechler in Support of Joint Objection of the 397
Debtors and Debtors in Possession and the Official Committee of 4
Unsecured Creditors to the Motion of Technology Infrastructure .
Solutions, Inc. for an Order Enforcing Asset Purchase Agreement and
Sale Order A ainst Debtors `
3 Order Confirming the Debtors’ Second`Amended Joint Plan of 405 L 1
‘ Liquidation ‘r _ N , ~i
4 (Nance Ornrrciitivé nam _ 4 J 423- 4 ,
Dated: December Q, 2005
BLANK ROME LLP
[ /
I l 1 ' '{ .4
Bonnie Glantz Fatell (Bar No.
David W. CarickhoffQ Jr. (Bar ~ . s ’
Chase Manhattan Centre
1201 Market Street, Suite 800
Wilmington, Delaware 19801
Telephone: (302) 425-6400
Facsimile: (302) 425-6464
Counsel for the Liquidating Trustee
2
l22300.0l600/40l58590v.l

Case 1:05-cv-00882-JJF Document 3 Filed 12/22/2005 Page 3 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter I I
) .
DATATEC SYSTEMS, INC. and ) Case No. O4-13536 (PJ W)
DATATEC INDUSTRIES, INC., ) Jointly Administered
)
Debtors. )
CERTIFICATE OF SERVICE
U I, David W. Carickhoff, Jr., hereby certify that on Decem'eerL(é_,_2005, I caused a
" copy of the following document to be served `cn the individuals on the attached service list in the `
·‘ manner indicated: i I n i I a
L_ Liquidating Trustee’s· -Statement, of Issues and Counterdcsignation of I
__ Additional Items T0 Be Included In Rec0rd—0u Appeal _ _ A F ·~
• • JA !4 *1 v
he A
David w. caaciamrr, Jr. (Bar
1 22200.01 000/401505900. 1