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

Case 1:08-cv-00307-JJF

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Filed 05/23/2008

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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: American Home Mortgage Holdings, Inc., a Delaware corporation, et al., Debtors ) ) ) ) ) ) ) Chapter 11

Case No. 07-11047(CSS) Jointly Administered

DESIGNATION OF RECORD AND STATEMENT OF ISSUES ON APPEAL Wells Fargo Bank, National Association ("Wells Fargo" or the "Appellant"), as Securities Administrator, the movant in that certain Motion of Wells Fargo Bank, N.A., as Securities Administrator, for Relief from the Automatic Stay to Recover a Payment Made in Error to one of the Debtors Through Recoupment, Imposition of a Constructive Trust, and/or an Equitable Lien hereby submits the following designation of record and issues to be presented by Appellant on its appeal of the Order entered April 16, 2008, by the United States Bankruptcy Court for the District of Delaware (the "Order"):

I.

DESIGNATION OF RECORD

DATE OF FILING DOCKET NUMBER 03/24/2008 3387

DESCRIPTION Motion of Wells Fargo Bank, N.A., as Securities Administrator, for Relief from the Automatic Stay to Recover a Payment Made in Error to one of the Debtors Through Recoupment, Imposition of a Constructive Trust, and/or an Equitable Lien with attached Exhibits Debtor's Objection to Motion of Wells Fargo Bank, N.A., as Securities Administrator, for Relief from the Automatic Stay to Recover a Payment Made in Error to one of the Debtors Through Recoupment, Imposition of a Constructive Trust, and/or an Equitable Lien

04/08/2008

3580

WIL:123696.1/WEL079-247173

Case 1:08-cv-00307-JJF

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04/09/2008

3581

04/18/2008

3736

04/16/2008

3702

Joinder of the Official Committee of Unsecured Creditors in the Debtor's Objection to Motion of Wells Fargo Bank, N.A., as Securities Administrator, for Relief from the Automatic Stay to Recover a Payment Made in Error to one of the Debtors Through Recoupment, Imposition of a Constructive Trust, and/or an Equitable Lien Transcript of the Hearing on the Motion of Wells Fargo Bank, N.A., as Securities Administrator, for Relief from the Automatic Stay to Recover a Payment Made in Error to one of the Debtors Through Recoupment, Imposition of a Constructive Trust, and/or an Equitable Lien and all Exhibits. Order Denying Motion of Wells Fargo Bank, N.A., as Securities Administrator, for Relief from the Automatic Stay to Recover a Payment Made in Error to one of the Debtors Through Recoupment, Imposition of a Constructive Trust, and/or an Equitable Lien

II.

STATEMENT OF ISSUES ON APPEAL

1.

Whether the Bankruptcy Court erred in denying the Appellant the ability to recoup the amount paid in error from securities held by AHMIC in the AHMIT 2007-SD1 transaction.

WIL:123696.1/WEL079-247173

Case 1:08-cv-00307-JJF

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Filed 05/23/2008

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Dated: May 5, 2008 /S/ TODD C. SCHILTZ______________ WOLFBLOCK LLP Todd C. Schiltz (#3253) 1100 North Market Street, Suite 1001 Wilmington, DE 19801 Telephone: (302) 777-0313 [email protected]

And CHAPMAN AND CUTLER LLP FRANKLIN H. TOP, III 111 WEST MONROE STREET CHICAGO, IL 60603 TELEPHONE: (312) 845-3824 [email protected] Attorneys for Wells Fargo Bank, National Association, as Securities Administrator

WIL:123696.1/WEL079-247173