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

Case 1 :08-cv-00303-SLB Document 2 Filed 05/21 /2008 Page 1 of 4
IN THE UNITED STATES BANKRUPTCY COURT
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In rc: TW, INC., f/lc/a Cablevision Electronics Investments, Inc.,
Debtor.
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TI-IE OFFICIAL COMMITTEE OF UNSECURED : Cagg Ng_ O3-]0785
CREDITORS OF TW, INC. Ek/a CABLEVISION :
ELECTRONICS INVESTMENTS, INC., :
Ptsimtri; 2
··¤s¤i¤5Y·· Adv. Proc. No. 05-50585 (MFW)
CABLEVISION SYSTEMS CORPORATION, CSC HOLDINGS,
TNC., CABLEVISION ADVERTISING SALES, CABLEVISION :
INTEGRATED SALES, CABLEVISION LIGHTPATH, INC., FOX 1
CABLE NETWORKS, INC., ilk/a FOX SPORTS NETWORKS, :
LLC a/Ic/a FOX SPORTS NET, MADISON SQUARE GARDEN, :
L.P., METRO CHANNEL, LLC d/b/a METROCI-IANNELS, ;
RAINBOW ADVERTISING SALES CORPORATION, RAINBOW 1
MEDIA HOLDINGS, LLC, AND REGIONAL PROGRAMMING :
PARTNERS, CHARLES F. DOLAN, JAMES L. DOLAN, :
WILLIAM J. BELL, ANDREW B. ROSENGARD, THE ESTATE 1
OF MARC A. LUSGARTEN, ROBERT S. LEMLE, WILLIAM :
MARGINSON, HANK J. RATNER, NORMAN GOLDBERG and 1 ·
JEFFREY YAPP, 1
Defendants. 1
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APPELLAN"I"S DESIGNATION OF RECORD AND STATEMENT OF ISSUES
PURSUANT TO BANKRUPTCY RULE 8006
Appellant, the Official Committee of Unsecured Creditors of TW, Inc. t`/Ida
Cablevision Electronic Investments, Inc. ("PlaintifP’), having tiled a notice of appeal dated
April I 1, 2008 Hom an order ofthe United States Bankruptcy Court, District ofDelawarc
(the “Bankn1ptcy Court"), dated April 1, 2008 and entered on April 4, 2008 (the
“Order”), which, based upon the decision ofthe Bankruptcy Court stated on the record at
the November 29-30, 2007 hearing concerning the issue of insolvency (the "Insolvency
Hearing"), determined that TW, Inc. f/Ida Cablevision Electronics Investments, Inc. (the
“Debtor") was, inter alia, (I) operating, and for solvency purposes, should be valued, as a
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Case 1 :08-cv-00303-SLR Document 2 Filed 05/21/2008 Page 2 of 4
going concern during the period from February 9, 1998 through and including December
I It I llll 2-1, 2002- and--(2) solvent-during the period from- Eebruary 9, 1998 and including I
December 31, 2002, hereby designates the following for inclusion in the record on appeal
and sets forth a statement of the issues to be presented on appeal:
Desigation of Contents of Record On Appeal
1. Order dated April 1, 2008 and entered on April 4, 2008 (Docket No. 200).
2. A Transcript ofthe Insolvency Hearing (Docket Nos. 197 and 198).
3. Stipul ation of Admitted Facts that Require No Proof dated November 9,
2007 (Docket No. 189).
4. Expert report of Perry M. Mandarino dated June 29, 2007.
5. Plaintiff s Pre-Trial Memorandum on "Inso1vency" and
“Recharacterization" Issues dated November 9, 2007.
6. Plaintiff s trial exhibits which were admitted into evidence at the
Insolvency Hearing (a list of these exhibits is annexed hereto as Exhibit A).
7. Plaintiffs deposition designations which were admitted into evidence at
· the Insolvency Hearing (a list of these designations being annexed hereto as Exhibit B).
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Statement of Issues Presented 011 Appeal
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treated as a going concern for insolvency purposes during the period from February 9,
1998 through and including December 31, 2002.
2. Whether — even assuming that the Bankruptcy Court did not err in finding
that the Debtor should be treated as a going concern for insolvency purposes — the _
Bankruptcy Court nevertheless erred in finding that the Debtor was solvent during the
period from February 9, 1998 through and including December 31, 2002.
3. Whether the Bankruptcy Court erred in finding that the Debtor was able to
satisfy its debts as they came due during the period from February 9, 1998 through and
including December 31, 2002.
4. Whether the Bankruptcy Court erred in finding that the Debtor was
adequately capitalized during the period from February 9, 1998 through and including
December 31, 2002.
5. Whether the Bankruptcy Court erred in finding that the Debtor had a
"srnplus" (as such term is deiined in Del. Gen. Corp. Law §§ 154, 170 and 244) during
the period from February 9, 1998 through and including March 14, 2003.
6. Whether the Bankruptcy Court erred in finding that the Debtor had "net
proits" (as such term is defined in Del. Gen. Corp. Law §§ 154, 170 and 244) during the
period from February 9, 1998 through and including March 14, 2003.
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Dated: April 21, 2008
Respectfully Submitted,
/s/ Tobey M. Daluz
Tobey M. Daluz, Esquire (No. 3939)
Katie A. D’Emilio, Esquire (No. 4824)
` BALLARD SPA]-IR ANDREWS &
INGERSOLL LLP
919 N. Market Street, 12th Floor
. Wilmington, Delaware 19801
1 Telephone: (302) 252-4465
Facsimile: (302) 252-4466
Email: [email protected]
de1;[email protected]
HAHN & HESSEN LLP
Steven J. Mandelsberg, Esq.
Mark T. Power, Esq.
Robert J. Malatak, Esq.
488 Madison Avenue
New York, New York 10022
Telephone: (212) 478-7200
Counsel for the Appellant
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