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

Case 1 :07-cv-00764-JJF Document 2 Filed 11/26/2007 Page 1 of 3 g
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: )
) Case No. 03-11489 (KG)
PLASSEIN NTERNATIONAL ) Chapter 7
CORPORATION, et. al., )
(n/k/a PL LIQUIDATION CORP.), )
Debtors. ) Re Dkt No. 1659
DESIGNATION OF THE RECORD AND STATEMENT OF ISSUES TO BE PRESENTED
PURSUANT TO (I) FEDERAL RULE OF APPELLATE PROCEDURE 6(b)(2)(B) AND (II)
FEDERAL RULE OF BANKRUPTCY PROCEDURE 8006
Fleet Capital Corporation, Agent ("Agent”), by and through its undersigned counsel,
hereby files this Designation ofthe Record on Appeal and Statement of Issues to be Presented
pursuant to (i) Federal Rule of Appellate Procedure 6(b)(2)(B) and (ii) Federal Rule of
Bankruptcy Procedure 8006 (the “Designation”). This Designation relates to Agent’s Notice of
Appeal Pursuant to Federal Rule of Bankruptcy Procedure 8001 and 28 U.S.C. Section l58(a)(l)
[Docket No.l 1659] dated October 25, 2007.
I. Designation of Items To Be Included In Record On Appeal
Agent hereby designates the following items to be included in the record on appeal:
Exhibit Description Docket No. Date Docketed
I Motion to Approve Motion by the Chapter 7 1108 2/ 10/2005
Trustee for Approval of Certain Settlement by and
Among the Trustee, Fleet Capital Corporation, for
Itself and as Agent for a Group of Lenders
Consisting of Fleet National Bank, Heller
Financial, inc., Wachovia Bank, N.A. and Citizens
Bank of New Hampshire.
I References to the Docket shall be references to the docket ofthe United States Bankruptcy Court for the District of
Delaware, at Case No. 03-1 1489(KG).
WLM 511174,4

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2 Order Granting Motion Authorizing Chapter 7 1132 3/23/2005
Trustee to Proceed with Settlement by and Among
the Trustee, Fleet Capital Corporation, for Itself
and as Agent for Fleet National Bank, Heller
Financial, Inc., Wachovia Bank, N.A. and Citizens
Bank of New Hampshire.
3 Motion to Authorize To Make Interim Distribution 1308 7/ 1 8/2005
to Sub-Debt Creditors.
4 Objection of Fleet Capital Corporation, Agent, to 1317 7/26/2005
Motion of Chapter 7 Trustee for Authority to Make
Interim Distribution to Sub—Debt Creditors.
5 Motion to Authorize Motion of Chapter 7 Trustee 1557 1/23/2007
for Authority to Make lnterim Distribution to Sub—
Debt Creditors and Administrative Creditors. Q
Objection to Motion of Chapter 7 Trustee to Make 1573 7/26/2007
an Interim Distribution to Sub—Debt Creditors and
Administrative Creditors
7 Motion to Conrpel Trustee to Perform Under 1574 2/21/2007
Settlement Agreement .
Motion for Leave to File Reply to Objection of l575 2/22/2007
Fleet Capital Corporation, Agent to Motion of
Chapter 7 Trustee to Make An Interim Distribution
to Sub—Debt Creditors and Administrative
Creditors.
Order Granting Motion to Authorize the Trustee to 1585 3/9/2007
Make An Interim Distribution to Certain
Subordinate Debt Holders.
10 Order Resolving Motion to Compel ln Part and 1595 3/ 14/2007
Adjourned In Part To Next Omnibus Hearing Date.
11 Motion for Summary Judgment Granting Motion to 1629 7/6/2007
Compel Trustee to Perform Under Settlement
Agreement.
12 Objection to Trustee’s Memorandum In Opposition 1632 7/24/2007
to the Request by Fleet Capital Corporation, Now
Bank of America, For Distributions Pursuant to A
Certain Settlement Agreement.
13 Opinion [Re: Docket Nos. 1629, 1574, 1632] 1653 10/17/2007 i
14 Order Granting ln Part and Denying In Part Motion 1654 10/ 17/2007
of Fleet Capital Corporation, Agent, to Compel
Trustee to Perform Under Settlement Agreement
and Motion of Fleet Corporation for Summary
Judgment Granting Motion to Compel Trustee to
Perform Under Settlement Agreement.
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wrrvr sr 1 174.4

Case 1:07-cv-00764-JJF Document 2 Filed 11/26/2007 Page 3 of 3
l5 Notice of Appeal Pursuant to Federal Rule of 1659 l0/25/2007
Banknitpcy Procedure 8001 and 28 U.S.C. Section
l58(a)(l).
l6 Transcript of Oral Arguments on July 31, 2007 TBD TBD
(Transcript ordered on November 1, 2007. Order
form is attached.)
H. Statement Of Issues To Be Presented On Appeal
1. Whether the Bankruptcy Court erred in its interpretation of Paragraph 4(b) ofthe
Settlement Agreement by interpreting " gross proceeds" to the Estates differently than " gross
proceeds" to the Agent and Lenders?
2. Whether the Bankruptcy Court erred in its application ofthe law by giving greater weight
to the circumstances surrounding the entry of the Settlement Agreement than the unambiguous
terms of the Settlement Agreement?
3. Whether the Bankruptcy Court erred in its interpretation ofthe Settlement Agreement by
allocating all of the costs of collection ofthe preferences to the Agent and the Lenders?
Dated: November 2, 2007 EDWARDS, ANGELL, PALMER & DODGE LLP
/s/ Stuart M. Brown
Stuart M. Brown (#4050)
919 N. Market Street, 15th Floor
Wilmington, DE 19801
(302) 777-7770 - telephone
(302) 777—7263 — facsimile
Counsel for Appellant
Fleet Capital Corporation
www 51l1'/4.4

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