Free Order on Motion for Reconsideration - District Court of Delaware - Delaware

Case 1:04-cv-00951-JJF Document 54 Filed 08/18/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: :
: Chapter Il
OAKWOOD HOMES CORP. et al., :
: Bankruptcy No. 02-13396 (PJW)
Debtors. :
JPMORGAN CHASE BANK, Trustee, ;
Appellant, 2
v. ; Civil Action No. O4-951-JJF
U.S. NATIONAL BANK ASSOCIATION,;
Appellee. ;
FINAL ORDER
At Wilmington, this l8th day of August 2005, for the reasons
set forth in the Memorandum Opinion issued this date;
IT IS HEREBY ORDERED that:
1. The Bankruptcy Court’s July 6, 2004 Reserve Order is
AFFIRMED.
2. The Court's Stay Order is clarified so that the stay
does not operate through JPMorgan Chase Bank's appeal to the
Third Circuit, and therefore, the stay if lifted with the entry
of this Order.
3. The Motion For Reconsideration Of This Court’s Order
Granting A Stay Pending Appeal Without Bond (D.I. 22), Or
Alternatively, To Expedite Consideration And Resolution Of The
Mandatory Mediation And Appeals Process filed by U.S. Bank

Case 1:04-cv-00951-JJF Document 54 Filed 08/18/2005 Page 2 of 2
National Association, in its capacity as Indenture Trustee is
DENIED AS MOOT.
4. The Motion Of The OHC Liquidation Trust For Partial
Relief From The Court's September 28, 2004 Order Granting
Appellant’s Motion For Stay Pending Appeal (D.I. 47) is DENIED AS
-
5. JPMorgan Chase Bank is directed to post a bond or
letter of credit in accordance with the Bankruptcy Court's July
6, 2004, by no later than September 2, 2005. In the event
JPMorgan fails to post the requisite bond or obtain a further
stay in the Third Circuit, OHC Liquidation Trust shall have no
obligation to maintain the reserve fund beyond September 2, 2005.
*1-
`