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` X X Case 1:04-cv—01565-SLR Document 130-2 Filed 04/17/2007 Pagei of 3 5,1 05
- i . __ 1
1 ; . IN THE UNITED STATES BANKRUPTCY COURT.
` FOR THE DISTRICT OF DELAWARE
. In re: R )
` l
A CORAM HEALTHCARE. CORP . and l
— ' CORAM, INC., ` ) Case Nos. OO-3299
) through 00-3300 (MFW) _ _
Debtors. )
I ‘ ` ‘ United States Bankruptcy Court
yr 824 Market Street - Sixth Floor
;\ _ Wilmington, Delaware _e
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V "‘ ‘ ·- iw-===?‘—*/.-,·¤a-is 55;%*; I
BEFORE: HONORABLE MARY gF . WALRATH,
‘ United States Bankruptcy Judge
4 TRANSCRIPT OF PROCEEDINGS
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i R Case 1:04-cv-01565-SLR Document 130-2 Filed 04/17/2007 V Page 2 of 3
·· . Crowley — direct I h 60
1 ._‘> i' »”L; ·· - 3 I
2 ‘23»—‘ a'·‘ ° I
3 3 3
4 V Q. Just so the record is clear, Rick Smith is what
_ 5 or who? -
6_ A. Rick was the the president and chief executive
R 7 officer of Coram. . I
8 Q. Did you speak with Mr. Feinburg before you went
9 to speak with Mr. Smith2 —
10 A. Yes.
I 11 I Q. Did you develop any understanding as to what
12 his views were with respect to Coram?
g 13 A. Yes. » l `
14 Q. What were they? ,
15 MR. LEVY: Your Honor, I think, and this
16 may be technical, but this is plainly hearsay and if I
17 knew —— l ·
18 THE COURT: Sustained. _
19 ~ MR. FRIEDMAN: Your Honor, I would like to
20 address just two points that I think will be common to
-21 a number of questions. Number one, this is a case
‘22 where the witness's good faith is at issue and where a a
23 conspiracy has been alleged. I think it's impossible
· 24 to address those issues without addressing statements
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I Case 1:04-cv—01565-SLR Document 130-2 Filed 04/17/2007 Page 3 of 3
I - I Crowley - direct ° _y 66
` 1 _ time —- sorry. U
I 2 `- S I You indicated there came a time when you
. 3 I were a consultant to Coram. Did there come a point
. 4 when those responsibilities changed? II
5 I _A. Yes. I _I ·
- 6 Q. Could you tell the Court what happened?
~ 7 I A.- Rick Smith resigned suddenly with no notice, ·
8 Your Honor, and walked off the job. Steve Eeinberg
9 freaked out. »They had no CEO at all, and the board
» 10 ` was left with nobody running the company.
A _ 11 I submitted a proposal to the then
_ 12 chairman of the board of Coram, a fellow by the name
A I 1 3 ¤f D¤¤ Ameraii
I .1 4 aaai ’.p»¤. _1 t,._ ’ cIf·i‘sis’
15 managers, interim management. We would go in and
16 stabilise it. I didn't want to be the CEO of Coram.
17 I said so. _ I
_ 18 »But I would be the crisis management team
19 while the board explored all of its options, what it
20 ` could do, would do, what their choices were.
21 Q. Was the board receptive to that idea? _
I 22 A. The board -- I donlt speak for it. VDon»Ameral
I 23 came back to me and said, "we're not going to go that
I 24 direction."
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