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

Case 1:07-cv—00474-Gl\/IS Document2 Filed 07/31/2007 Paget of4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11
)
APCO LIQUIDATING TRUST, ) Case N0. 05-12355 (BLS)
)
Debtors. ) (J ointly Administered)
DESIGNATION OF RECORD AND STATEMENT OF ISSUES ON APPEAL
COMES NOW the CITY OF WICHITA, KANSAS (the "City") and pursuant to Rule
8006, Fed. R. Bankr. P., designates the following items to be included in the record on appeal of
the Court’s (i) Order entered in this case on June 29, 2007 and (ii) the Memorandum Opinion
entered in this case on June 27, 2007:
Designation of Record
Appeal Docket
Record No. Filing Date Number Pleading
1 5/25/07 275 Certification of Counsel Submitting Proof
of Claim filed by City of Wichita
2 2/15/06 N/A Proof of Claim No. 27 filed by U.S.
Environmental Protection Agency
3 12/12/06 233 Objection of the Liquidation Trustee to
Claim Number 22 and 23 by Claimant City
of Wichita, Kansas and Motion to Estimate,
if necessary
4 3/5/07 257 Supplemental Memorandum of Law in
Support of the Liquidation Trustee’s
Objection to Claim by City of Wichita,
Kansas

Case 1:07-cv—00474-G|\/IS Document 2 Filed 07/31/2007 Page 2 of 4
Appeal Docket L
Record N0. Filing Date Number Pleading
5 3/28/07 261 Memorandum of Law in Support of
Opposition by the City of Wichita, Kansas
to the Supplemental Memorandum of Law
in Support of the Liquidation Trustee’s
Objection to Claim by City of Wichita,
Kansas
4/18/07 269 The Liquidation Trustee’s Reply Brief in
Further Support of Objection to Claim by
City of Wichita, Kansas
7 6/29/07 277 Memorandum Opinion Sustaining the
Objection of the Liquidation Trustee to
Claim Number 26 filed by the City of
Wichita, Kansas
6/29/07 278 Order Sustaining the Objection of the
Liquidation Trustee to Claim Number 26
filed by the City of Wichita, Kansas
¤ 7/9/07 279 Notice of Appeal
10 TBD TBD Transcript of May 3, 2007 hearing (ordered
on July 19, 2007)
Statement Of Issues To Be Presented On Appeal
In addition, the City provides the following statement of the issues to be presented in the
appeal:
1. Whether the Bankruptcy Court erred in the determination that the claim of
the City is one for "contribution" for purposes of ll U.S.C. §
502(e)(1)(B)‘?
2. Whether the Bankruptcy Court erred in the determination that the claim of
the City was "contingent" at the time of its disallowance for purposes of
11 U.S.C. § 502(e)(1)(B)‘?
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Case 1:07-cv—00474-Gl\/IS Document 2 Filed 07/31/2007 Page 3 of 4
3. Whether the Bankruptcy Court erred in the determination that the claim of
the City was "liable with" Debtor on the claim of a creditor for purposes
of 11 U.S.C. § 502(e)(1)(B)‘?
4. Whether the Bankruptcy Court erred in the determination that, in the
circumstances of the captioned case, the failure of the Kansas Department
of Heath and Environment ("KDHE") to file a proof of claim in the
captioned case on the KDHE claim which purportedly invoked 11 U.S.C.
§ 502(e)(1)(B) was not relevant to application of the statute to the City’s
claim?
Dated: July 19, 2007 COZEN O’CONNOR
f , `
//
Jeff y . Waxman (No. 4159)
120 N. Market Street, Suite 1400
Wi ington, DE 19801
Telephone: (302) 295-2000
Facsimile: (302) 295-2013
- and -
Mark S. Carder, Esquire
Stinson Morrison Hecker, LLP
1201 Walnut Street, Suite 2900
Kansas City, MI 64106-2150
Telephone: (816) 842-8600
Facsimile: (816) 691-3495
- and -
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Case 1:07-cv—00474-G|\/IS Document 2 Filed 07/31/2007 Page 4 of 4
CITY OF WICHITA, KANSAS
OFFICE OF THE CITY ATTORNEY
Gary E. Rebenstorf City Attomey
Joe Allen Lang, Chief Deputy City Attorney
Sharon L. Dickgrafe, Ass’t City Attorney
City Hall — 13th Floor
455 North Main Street
Wichita, KS 67202
Telephone: (316) 268-4681
Facsimile: (316) 268-4335
Counsel to Cily of I/Wchita, Kansas
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