Free Other Notice - District Court of Arizona - Arizona

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R. Shawn Oller; AZ Bar No. 019233 [email protected] LITTLER MENDELSON A Professional Corporation Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 Telephone: 602.474.3600 Facsimile: 602.957.1801 Attorneys for Defendant UNITED AIRLINES

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

GREGORY S. KEVAKIAN Plaintiff, v.

Case No.: CV 02-2404 PHX-SMM DEFENDANT UNITED AIRLINES, INC.'S NOTICE OF DISCHARGE (Amended)

UNITED AIRLINES Defendant.

PLEASE TAKE NOTICE that on March 24 2006, United provided the Court with its Notice of Discharge advising the Court and Plaintiff: 1) that on January 20, 2006 the United States Bankruptcy Court for the Northern District of Illinois entered an order (the "Confirmation Order") confirming the Debtors' Second Amended Plan of Reorganization Pursuant to Chapter 11 of the United States Bankruptcy Code (the "Plan"), which Plan became effective on February 1, 2006.1 A copy of the Confirmation Order (omitting the approximately 150-page Plan, which was attached thereto as Exhibit A), is attached hereto as Exhibit 1, and 2) that the Bankruptcy Court's entry of the Confirmation Order discharges and releases United from all Claims and Causes of Action All capitalized terms used, but not defined herein, shall have the meaning attributed to such terms in the Plan or the Disclosure Statement, as applicable.
Case 2:02-cv-02404-SMM Document 24 Filed 06/06/2006 Page 1 of 3
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of any nature whatsoever, and operates as an injunction against the commencement or continuation of any action, the employment of process, or an act, to collect, recover or offset any debt that is discharged under the Plan (including Plaintiff's claims in the abovereferenced action).2 PLEASE TAKE FURTHER NOTICE that the Confirmation Order expressly approves and incorporates those portions of the Plan providing that all Claims (including those advanced by Plaintiff here) are "conclusively, absolutely, unconditionally, irrevocably, and forever . . . released and discharged." See Paragraph 4(c) of the Confirmation Order (attached hereto as Exhibit 1), at 3-4. Likewise, the Confirmation Order expressly approves those portions of the Plan providing that all holders of Claims, such as Plaintiff are permanently enjoined, from and after the Effective Date, from, (i) commencing or continuing in any manner any action or other proceeding of any kind on account of or in connection with or with respect to any such Claim ...; (ii) enforcing, attaching, collecting, or recovering by any manner or means any judgment, award, decree or order ... on account of or in connection with or with respect to any such Claim ...; (iii) creating, perfecting, or enforcing any encumbrance of any kind . . . on account of or in connection with or with respect to any such Claim ...; (iv) asserting any right of setoff, subrogation, or recoupment of any kind against any obligation due ... on account of or in connection with or with respect to any such Claim ...; and (v) commencing or continuing in any manner any action or other proceeding of any kind on account of or in connection with or with respect to any such Claim against or Interest in the Reorganized Debtors.... See Paragraph 4(e) of the Confirmation Order (Exhibit 1), at 4-5.

... ...
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The Notice of Discharge is incorporated by reference herein.
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LIT T LE R ME NDE LSO N
A P R O F E S S I ON A L C O RP O R AT I O N C am e lba ck E splana de 2425 Ea st C am e lba ck Roa d Suite 900 Phoe nix, AZ 85016 602. 474. 3600

PLEASE TAKE FURTHER NOTICE that Plaintiff has filed Claim No. 229, in the amount of $769.66 and Claim No. 44944 in the amount of $6,929,809.66 in United's bankruptcy case. Such claims are presently outstanding against the Reorganized Debtors and shall be addressed in accordance with the provisions of the Plan. Respectfully submitted this 6th day of June, 2006.

s/ R. Shawn Oller R. SHAWN OLLER LITTLER MENDELSON A Professional Corporation Attorneys for Defendant UNITED AIR LINES, INC. I hereby certify that I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants, and mailed a copy of same to the following if non-registrants, this 6th day of June, 2006: Gregory S. Kevakian 3939 West Park View Lane Glendale, AZ 85310 Pro Per s/ Jaye Sanschagrin

Firmwide:81165973.1 045589.2001

Case 2:02-cv-02404-SMM

Document 24

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