Free Designation of Record re Bankruptcy Withdrawal - District Court of Delaware - Delaware

Case 1:05-cv-00377-GMS

Document 3-3

Filed 06/09/2005

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

IN RE:

) ) ) INSILCO TECHNOLOGIES, INC., et al., ) Debtors, ) _______________________________________________ ) ) CHAD SHANDLER, AS TRUSTEE OF THE INSILCO ) LIQUIDATING TRUST- UNSECURED ) CREDITOR SERIES, ) ) ) Plaintiff, ) ) v. ) ) A. J. OSTER CO. ) ) Defendant. ) ________________________________________________)

Chapter 11 Bk. No. 02-13672 (KJC) (Jointly Administered)

Adv. Proc. No. 04-57692 (PBL)

CERTIFICATE OF COMPLETION OF BRIEFING CONCERNING AMENDED AND RESTATED MOTION OF DEFENDANT A. J. OSTER CO. TO WITHDRAW REFERENCE TO BANKRUPTCY COURT (Related Docket Items 19 and 23) Comes Now, A.J. Oster Co., ("Defendant"), pursuant to Local Rule 7.1.2 and files this Certificate of Completion of Briefing Concerning Amended and Restated Motion to Withdraw Reference to Bankruptcy Court and states as follows: PROCEDURAL BACKGROUND 1. On December 13, 2004, Plaintiff instituted this proceeding by filing a Complaint

through which it seeks to avoid and recover pursuant to 11 U.S.C Sections 547, 548 and 550 over $840,000.00 in transfers allegedly made to Defendant. 2. On January 14, 2005, Defendant filed a timely Answer and Affirmative Defenses

containing a demand for a jury trial.

Case 1:05-cv-00377-GMS

Document 3-3

Filed 06/09/2005

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3.

On May 19, 2005 Defendant filed its Amended and Restated Motion to Withdraw

Reference to Bankruptcy Court (the "Motion to Withdraw"). 4. On May 23, 2005, Plaintiff filed its Response to Defendant's Amended and

Restated Motion to Withdraw Reference to Bankruptcy Court (the "Response") opposing the relief sought in the Motion to Withdraw. 5. On June 6, Defendant filed its Reply Memorandum in Support of Amended and

Restated Motion of Defendant A.J. Oster Co. to Withdraw Reference to Bankruptcy Court, and a corresponding request for oral argument. 6. The undersigned counsel certifies that all briefing permitted under Local Rule

7.1.2 is now complete.

June 6, 2005

WERB & SULLIVAN /s/ Duane D. Werb Duane D. Werb (DE No. 1042) Robert D. Wilcox (DE No. 4321) 300 Delaware Avenue, 13th Floor P.O. Box 25046 Wilmington, Delaware 19899 Telephone: (302) 652-1100 Facsimile: (302) 652-1111 E-mail: [email protected] And Husch & Eppenberger, LLP Mark T. Benedict, Esquire Robert D. Maher, Esquire 1200 Market Street, Suite 1700 Kansas City, MO 64105 Telephone: (816) 421-4800 Facsimile: (816) 421-0596 Attorneys for Defendant A. J. Oster Co.

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