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

Case1:08-cv-00349-SLR Document2 Filed 06/10/2008 Page1of4
5-28-08
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IN THE UNITED STATES BANKRUPTCY COURTj§i;?%
FOR THE DISTRICT OF DELAWARE gg? gi GEQ
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In re 3 Chapter ll ;£§;§ _Q gi?
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DURA AUTOMOTIVE SYSTEMS,lNC., ) Case No. 06—II20€§g TT iké
et al., g (KJC) {gn?
Debtors, ) Jointly
) Administered
)
Statement of the Issues to be Presented and the Items to be
Included in the Record on Appeal of Confirmation Order for
Revised Joint Plan of Reorganization.
James Korth filed a timely Notice of Appeal on May 21,
2008 to the Confirmation Order issued by Judge Kevin J.
Carey on May I3, 2008. I believe this order should be
stayed and that my ll detailed objections to confirmation
should be fully investigated before the Debtor is allowed
to exit bankruptcy and write off over 80% of its debt. The
specific issues to be presented in the appeal are as
follows. Did the court err by:
l.not allowing me sufficient notice that I must attend
the Confirmation Hearing physically (not by telephone)
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Case 1:08-cv-00349-SLR Document 2 Filed 06/10/2008 Page 2 of 4
and then barring me from cross—examining witnesses put
on by the Debtor;
2.not allowing me sufficient time to review the
responses to my objections by the Debtor received only
one business day before the Confirmation Hearing;
3.not allowing me sufficient time to review over 3,000
pages of exhibits and new expert reports and prepare
for the cross examination of the experts and officers
of the debtor;
4.not investigating my ll detailed Objections to
Confirmation itself after having barred me from
preparing and, even in an unprepared fashion, asking
questions especially when many of my detailed
objections were related to the judgments the court
must make to confirm a plan of reorganization.
The documents to be included in the Record on Appeal are:
Docket Number Document
To Be Transcript of Hearing Where Motion for Stay
Announced Pending Appeal Will Be Heard
3387 Motion for Stay Pending Appeal Hearing Thereon
3383 Motion for Stay Pending Appeal
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Case 1:08-cv-00349-SLR Document 2 Filed 06/10/2008 Page 3 of 4
3382 Notice of Appeal
3386 Clerk’s Notice Regarding Appeal
3367 Transcript Hearing on May 12 at 11:48 AM
3364 Transcript of Hearing on May 13, 2008
3332 Order Confirming Debtor’s Revised Plan of
Reorganization
3329 Notice of Reason for Limited Appearance of James
Korth at the Confirmation Hearing
3328 Amendment of Objection of James Korth to the
Confirmation of Revised Plan of Reorganization
to Include Motion for Summary Judgment
3298 Motion for Continuance of Confirmation Hearing
3238 Objection by J W Korth to
Revised Plan of Reorganization
3216 Order Denying J W Korth Pro Se Motion to Extend
the Date for the Confirmation Hearing Along with
Date to Submit Objections
3215 Order Denying J W Korth Pro Se Motion for
Administrative Expenses
To Be Transcript for Hearing on April 23“i2008 at
Announced 10:00 am.
3144 Transcript of Hearing on April 10, 2008
3102 Transcript of Hearing on April 3, 2008
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Case1:08-cv-00349-SLR Document2 Filed 06/10/2008 Page4of4
3014 J W Korth Ad Hoc Committee of Creditors Pro Se
Objection to the Disclosure Statement.
2998 J W Korth Ad Hoc Committee of Creditors Pro Se
Motion for Inspection of the Books and Records
Under Bankruptcy Rule 2004.
Respe y Submitted
mes W. Korth, Fo Hims lf
3339 Virginia Street
Suite 104
, Miami, Florida 33133
Telephone: 305 668-8485
Facsimile: 305 668-0682
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