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


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Case 1 :08-cv-00321-SLR Document 3 Filed 05/29/2008 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11
)
15375 MEMORIAL CORPORATION, et al., ) Case Nos. 06-10859 (KG)
) And 06-10860 (KG)
Debtors. )
) Jointly Administered

)
SANTA FE MINERALS, INC., )
)
Plaintiff, )
v. )
) Adversary N0. 06-50822 (KG)
BEPCO, L.P., formerly known as BEPCO )
ENTERPRISES PRODUCTION COMPANY, )
)
Defendant. )
)
GLOBALSANTAFE CORPORATION, )
GLOBALSANTAFE CORPORATE SERVICES, )
INC., and ENTITIES HOLDINGS, INC., ) I
)
Intervenors. )
GLOBALSANTAFE ENTITIES’ STATEMENT OF ISSUES AND DESIGNATION OF
RECORD ON APPEAL
GlobalSantaFe Corporation, GlobalSantaFe Corporate Services, Inc., and Entities
Holdings, Inc. (collectively "G1obalSantaFe Entities"), by and through their undersigned counsel,
hereby submit, pursuant to Federal Rule of Bankruptcy Procedure 8006 and Local Rule of
Bankruptcy Practice 8006-1, their Statement of Issues and Designation of Record on Appeal
("Statement"). This Statement relates to the appeal and cross-appeals tiled in connection with
the Findings of Fact and Conclusions of Law (Bankr. D.I. 291; Adv. D.I. 164) (the "Opinion")
and Order (Bankr. D.I. 292; Adv. D.I. 165) (the "Order") and certain portions of the
I
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Case 1:08-cv-00321-SLR Document 3 Filed 05/29/2008 Page 2 of 3
Memorandum Opinion on Reargument (Bankr. D.I. 322; Adv. D.I. 194), entered by the United l
States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") in the above-
captioned bankruptcy case and adversary proceeding.
STATEMENT OF ISSUES ON APPEAL
1. Whether the Bankruptcy Court erred in granting BEPCO, L.P.’s f/k/a Bass
Enterprises Production Company ("BEPCO") Stay Relief Motion (Bankr. D.I. 23) and by, inter
alia:
a. Holding that the Debtors did not have significant interest in the proceeds from
insurance policies potentially providing coverage over the claims asserted by
BEPCO in the Debtors’ bankruptcy cases;
b. Holding that the proceeds from the aforementioned insurance policies were
not property of the estate;
c. Failing to adequately consider the interests of the primary insureds under the
relevant policies (i. e., the Global SantaFe Entities) in reaching its decision to
grant BEPCO relief from the automatic stay; and
d. Failing to adequately consider the issues raised in Debtors’ Motion for
Summary Judgment With Respect to Proofs of Claim Filed by BEPCO, LP
(Bankr. D.I. 243) in reaching its decision to grant BEPCO relief from the
automatic stay.
2. Whether the Bankruptcy Court erred in authorizing BEPCO to proceed in
Louisiana against Santa Fe Minerals, Inc. and insurers under policies in which Santa Fe
Minerals, Inc. is an insured.
3. Whether the Bankruptcy Court erred in finding, with respect to BEPCO’s
Dismissal/Conversion Motion (Bankr. D.I. 21 and 22), that the Debtors had no reasonable
likelihood of rehabilitation and were experiencing substantial and continuing loss to or
diminution to the estate.
DESIGNATION OF RECORD ON APPEAL
The GlobalSantaFe Entities incorporate those items designated by BEPCO in its
Statement of Issues and Designation of Items to be Included in Record on Appeal and those
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Case 1:08-cv-00321-SLR Document 3 Filed 05/29/2008 Page 3 of 3
items designated by Debtors-in—Possession, 15375 Memorial Corporation and Santa Fe Minerals,
Inc., in their Statement of Issues on Cross-Appeal and Counter-Designation of the Items to be
Included in the Record on Appeal, the contents of both filings which are incorporated by
reference herein.
Dated: Wilmington, Delaware
May 19, 2008
Respectfully submitted,
// A {V ” ’ `
Francis A. Monaco, . (# 07 )
Kevin J. Mangan (# .1 0)
WOMBLE CARL LE SANDRIDGE
& RICE, PLLC
222 Delaware Avenue, Suite 1501
Wilmington, DE 19801
Tel. (302) 252-4361
and
Philip G. Eisenberg
Texas State Bar No. 24033923
Mark A. Chavez
Texas State Bar No. 24036357
LOCKE LORD BISSELL & LIDDELL, LLP
3400 JPMorgan Chase Tower
600 Travis Street
Houston, Texas 77002
Tel. (713) 226-1200
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