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

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IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE

In re: W.R. GRACE & CO., Debtors,

: : :

Chapter 11 Case No. 01-01139(JKF) (Jointly Administered) Re: Docket No. 15307

DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD ON APPEAL Pursuant to Rule 8006, Fed. R. Bankr. P., the State of New Jersey, Department of Environmental Protection ("Department" or "State") respectfully submits its Designation of the Items to be included in the Record on Appeal. Designation of Items to Be Included in the Record on Appeal: Date 11/14/2005 9/19/2005 9/19/2005 4/26/2007 4/26/2007 4/26/2007 7/06/2007 7/06/2007 9465 9465-1 15307 15307-1 15307-2 16248 16247 Docket No. Descripton Transcript of 11/14/05 Hearing W.R. Grace Complaint For Dec. Judg. Complaint filed by State of N.J. State's Motion to File A Late Proof of Claim State's Brief in Support of Motion To File A Late Proof of Claim Proposed Proof of Claim Grace Objection Plus Exhibits Joinder of the Official Committee to Debtor's Objection to State of New

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Jersey Motion to File Late Proof of Claim. 7/16/2007 7/31/2007 8/02/2007 8/10/2007 16297 16445 16467 16523 State's Response to Debtor's Objection Transcript of July 23 hearing Order Denying State's Motion Notice of Appeal from 8/02/2007 Order

Respectfully submitted, ANNE MILGRAM ATTORNEY GENERAL OF NEW JERSEY By: /S/ Rachel Jeanne Lehr Rachel Jeanne Lehr Deputy Attorney General Dated: August 17, 2007

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IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE

In re: W.R. GRACE & CO., Debtors,

: : :

Chapter 11 Case No. 01-01139(JKF) (Jointly Administered) Re: Docket No. 15307

STATEMENT OF ISSUES PRESENTED ON APPEA L Pursuant to Rule 8006, Fed. R. Bankr. P., the State of New Jersey, Department of Environmental Protection ("Department" or "State") respectfully submits its Statement of of Issues Presented on Appeal. Statement of Issues to Be Presented: A. Whether the Bankruptcy Court erred in denying the State's

motion to file a late proof of claim on the grounds of "excusable neglect" even though at the time of the March 31, 2003, bar date the State had no way of knowing that in 1995 debtors had certified to false information as to asbestos contamination present at the debtor's Hamilton, New Jersey vermiculite exfoliation plant and had submitted Department. B. Whether the Bankruptcy Court erred in denying the State's the certification and false information to the

motion to file a late proof of claim as prejudicial to the debtors

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even though the debtors did not have a confirmed Plan and could not demonstrate any prejudice. C. Whether the Bankruptcy Court erred in denying the State's

motion to file a late proof of claim considering the totality of the circumstances, which included the fact that the debtor, W.R. Grace, had sworn to false information about the contamination at the site that the State had no way of knowing about before the bar date. E. Whether the Bankruptcy Court erred in not taking into

consideration the seriousness of W.R. Grace's violations of the law and W.R. Grace's own duplicity in causing the claim to be filed late.

Respectfully submitted, ANNE MILGRAM ATTORNEY GENERAL OF NEW JERSEY By: /S/ Rachel Jeanne Lehr Deputy Attorney General

Dated: August 17, 2007