Free Motion to Vacate - District Court of Delaware - Delaware

Case 1:05-cv-00377-GMS

Document 7

Filed 09/29/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: INSILCO TECHNOLOGIES, INC., et al. _______________________________________________________________________ ) CHAD SHANDLER, AS TRUSTEE OF ) THE INSILCO LIQUIDATING TRUST ­ ) UNSECURED CREDITOR SERIES ) ) Plaintiff, ) v. ) ) A.J. OSTER CO. ) ) Defendant. )

Civil Action No. 05-377

Adv. Case No. 04-57692 Bk. Case No. 02-13672

AMENDED JOINT MOTION TO VACATE WITHDRAWAL ORDER AND REMAND ADVERSARY PROCEEDING TO BANKRUPTCY COURT ON OR ABOUT NOVEMBER 28, 2005 Plaintiff, Chad Shandler, as Trustee of the Insilco Liquidating Trust ­ Unsecured Creditor Series ("Trustee") and Defendant A.J. Oster Co. ("AJ Oster") by and through their attorneys of record, move the Court to extend the date for remand of the adversary proceeding, case number 04-57692, to the Bankruptcy Court for the District of Delaware to November 28, 2005. In support of this Joint Motion, Trustee and AJ Oster state as follows: 1. On or about December 14, 2004, the Trustee filed a Complaint to Avoid

and Recover Transfers of Property Pursuant to 11 U.S.C. §§ 547 and 550 and to Disallow Claims Pursuant to 11 U.S.C. § 502(d) (the "Complaint") against AJ Oster. The Complaint seeks recovery of in excess of $843,000.00 from AJ Oster.

AJ Oster Amended Joint Motion (Red-Line)

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2.

On January 14, 2005, AJ Oster filed its Answer and Affirmative Defenses

to the Complaint (the "Answer"). 3. On May 13, 2005, AJ Oster filed its Motion to Withdraw Reference to

Bankruptcy Court and its Motion for Determination of Core Matter Status. On May 19, 2005, AJ Oster filed its Amended and Restated Motion to Withdraw Reference to Bankruptcy Court (the "Withdrawal Motion") and its Amended and Restated Motion for Determination of Core Status Motion (the "Core Status Motion"). 4. Motion. 5. On or about July 18, 2005, the District Court ordered a withdrawal of this On May 31, 2005, the Trustee filed its Response to the Withdrawal

adversary from the Bankruptcy Court (the "Withdrawal Order"). 6. On or about July 28, 2005, the Trustee and AJ Oster filed a Joint Motion

to Vacate the Withdrawal Order and Remand Adversary Proceeding to Bankruptcy Court on or about September 28, 2005 (the "Joint Motion"). The facts and arguments presented in the Joint Motion are incorporated by reference as if expressly set forth herein. 7. Since the filing of the Joint Motion, the parties have continued to

negotiate, exchange analysis and actively seek settlement of Adversary Case Number 0457692. 8. Based upon the parties' willingness and progress towards settlement of the

adversary proceeding, the Trustee and AJ Oster desire that the remand of the matter to the Bankruptcy Court be withheld until and to November 28, 2005, so that the parties may continue with settlement negotiations within the District Court before referral of this adversary proceeding back to the Bankruptcy Court.

AJ Oster Amended Joint Motion (Red-Line)

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9.

The parties believe that the relief requested herein is in the best interest of

both parties and will assist in the most timely resolution of this adversary. For these reasons, the parties request that the Court remand the adversary proceeding, Adversary Number 04-57692, to the Bankruptcy Court for the District of Delaware on or after November 28, 2005; and for such other and further relief as this Court deems just and proper. September 29, 2005 WERB & SULLIVAN /s/ Robert Wilcox Duane D. Werb (DE No. 1042) Robert D. Wilcox (DE No. 4321) 300 Delaware Avenue, 13th Floor P.O. Box 25046 Wilmington, DE 19899 Telephone: (302) 652-1100 Fax: (302) 652-1111 E-mail: [email protected] Husch & Eppenberger, LLP Mark T. Benedict (MO #44621, KS #16418) Robert D. Maher (MO #51714, KS #19143) 1200 Market Street, Suite 1700 Kansas City, MO 64105 Attorneys for Defendant A. J. Oster Co. And Drinker Biddle & Reath LLP /s/ David Primack David Primack (DE 4449) 1100 North Market Street, Suite 1000 Wilmington, DE 19801 Telephone: (302) 467-4200 Facsimile: (302) 467-4201 Attorneys for Chad Shandler, as Trustee of Insilco Liquidating Trust

AJ Oster Amended Joint Motion (Red-Line)

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