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

Case 1 :08-cv—00282-GIVIS Document 2 Filed 05/14/2008 Page 1 of 4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE ¤· O 8 - 2 8 2 Q
In re: 2 Chapter 11
AMTROL HOLDINGS, INC., et all Case No. 06-11446 (KG)
Reorganized Debtors. (Jointly Administered)
Related Docket No. 682
DESIGNATION OF THE RECORD AND STATEMENT OF ISSUES TO BE
PRESENTED PURSUANT TO (I) FEDERAL RULE OF APPELLATE PROCEDURE
6gp}(2[g§) AND {II) FEDERAL RULE OF BANIGIUPTCY PROCEDURE 8006
Amtrol Holdings, Inc., Amtrol Inc., and Amtrol Intemational Investments Inc.
(collectively, the “Re0rganized Debtors”), by and through their undersigned counsel, hereby
tile this Designation of the Record on Appeal and Statement of Issues to be Presented Pursuant
to (i) Federal Rule of Appellate Procedure 6(b)(2)(B) and (ii) Federal Rule of Bankruptcy
Procedure 8006 (the "Designation"). This Designation relates to Reorganized Debtors’ Notice
of Appeal Pursuant to Federal Rule of Bankruptcy Procedure 8001 and 28 U.S.C. Section
158(a)(l) [Docket No.2 682] dated April 11, 2008.
I. Designation of Items To Be Included In Record On Appeal
Reorganized Debtors hereby designate the following items to be included in the record on
appeal:
Exhibit Description Docket N0. Date Dockcted
1. Order Establishing Deadlines For Filing Proofs Of 117 1/ l 1/07
Claim, Excluding Asbestos—Related Litigation
Claims, And Approving Fonn And Manner Of
Notice Thereof
l Additional Reorganized Debtors include all of Amtrol Holdings, 1nc.’s wholly—owncd direct and indirect domestic
subsidiaries: Amtrol Inc.; Water Sch LLC (i7k/a/ Water Soft Inc.); and Arntrol International Investments Inc.
2 References to the Docket shall be references to the docket of the United States Bankruptcy Court for the District of
Delaware, at Case No. 06-11446 (KG).
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Case 1 :08-cv—00282-GIVIS Document 2 Filed 05/14/2008 Page 2 of 4
2. Claim No. 264 tiled by L - H. E` · (filed in n/a Filed with
Amtrol Inc.) claims agent on
3/22/07
3. Claim No. 265 filed by Kenneth Elder, Sr., and n/a Filed with
Barbara Elder (tiled in Amtrol Inc.) claims agent on
_ __ 3/22/07
4. Claim No. 285 filed by A N: 2E] (filed in n/a Filed with
Amtrol International Investments Inc.) claims agent on
3/22/07
5. Claim No. 286 filed by Kenneth Elder, Sr., and n/a Filed with
Barbara Elder (tiled in Amtrol Inc.) claims agent on
__ _ 3/22/07
Claim No. 287 filed by A N E · (filed in n/a Filed with
Amtrol Intemational Investments Inc.) claims agent on
___ 3/22/07
7. Claim No. 288 tiled by L I. IE Qfiled in n/a Filed with
Amtrol Holdings Inc.) claims agent on
___ __ 3/22/07
Claim No. 289 filed by A iNi. >E. r(i·iled in n/a Filed with
Amtrol Holdings Inc.) claims agent on
3/22/07
Claim No. 290 filed by Kenneth Elder, Sr., and n/a Filed with
Barbara Elder (filed in Amtrol Holdings Inc.) claims agent on
_ 3/22/07
10. Claim No. 291 filed by I s H. E (tiled in n/a Filed with
Amtrol Holdings Inc.) claims agent on
3/22/07
1 l. First Amended Disclosure Statement Relating to 317 4/1 1/07
the First Amended Joint Plan of Reorganization for
Amtrol Holdings, Inc., Amtrol Inc., Water Soft Inc.
and Amtrol International Investments Inc.,
Proposed by The Official Committee of Unsecured
Creditors and the Debtors
12. First Amended Chapter l 1 Plan for Amtrol 318 4/11/07
Holdings, Inc., Amtrol Inc., Water Soft Inc. and
Amtrol International Investments Inc., Proposed by
The Ofticial Committee of Unsecured Creditors
and the Debtors
13. Aftidavit/Declaration of Service re: Solicitation 332 4/19/07
Package (related documents 317 and 318)
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Case 1 :08-cv—00282-GIVIS Document 2 Filed 05/14/2008 Page 3 of 4
14. Findings of Fact, Conclusions of Law and Order 405 5/24/07
Confirming First Amended Joint Chapter 11 Plan
of Reorganization for Arntrol Holdings, Inc.,
Amtrol Inc., Water Sort Inc. and Amtrol
International Investments Inc., Proposed by The
Official Committee of Unsecured Creditors and the
Debtors
15. Reorganized Debtors' Third Omnibus Objection to 442 6/25/07
Claims Pursuant to ll U.S.C. § 502(b) and Fed. R.
Bankr. P. 3007 [Books and Records Claims -
Substantive]
16. Declaration of Michael LeCours in Support ofthe 444 6/25/07
Reorganized Debtors' Omnibus Objections to
Claims Pursuant to ll U.S.C. § 502(b) and Fed. R.
Banlo. P. 3007
17. Affidavit/Declaration of Service of Staci 452 6/27/07
McFadden re: Claims Objections (related
documents 442, 444
18. Motion of the Elder Family for Abstention 577 10/23/07
19. Debtors’ Objection to Motion ofthe Elder Family 587 11/ 1 9/07
for Abstention
20. Memorandum of Law in Support of Reorganized 588 l 1/19/07
Debt0rs‘ (1) Objection to Motion of the Elder
Family for Abstention and (2) In Further Support
of the Reorganized Debt0rs' Third Omnibus
Objection to Claims Pursuant to 11 U.S.C. Section
502 ) and Fed. R. Bankr. P. 3007
21. Transcript of Omnibus Hearing Before Honorable 597 12/4/07
Kevin Gross United States Barrkmptcy Court Judge
dated November 28, 2007
22. Memorandum of Law in Support of Abstention, in 637 1/16/08
Opposition to Preemption and in Opposition to
Findin; that Prosecution of Claims is En'oined
23. Debtors’ Reply Memorandum of Law in 652 2/6/08
Opposition to Elder Family’s Memorandum of
Law
24. Transcript of Omnibus Hearing Before Honorable TBD TBD
Kevin Gross United States Bankruptcy Court Judge
dated March 26, 2008
25. Memorandum Opinion re: Reorganized Debtors’ 677 4/1/08
Third Omnibus Objection to Claims and the
Elders’ Motion for Abstention
26. ORDER Denying the Claims Objection and 678 4/1/08
Den ` ; the Abstention Motion
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27. Notice of Appeal 682 4/11/08
28. Amended and Corrected Order 685 4/21/08
II. Statement Of Issues To Be Presented On Appeal
1. Did the Bankruptcy Court err when it held that the Elder Family Claims are not
preempted by the Hazardous Materials Transportation Act (the "HMTA")?
2. Specifically, did the Bankruptcy Court err by focusing on a "use" versus "transportation"
distinction under the HMTA, rather than focusing on the fact that an affirmative ruling for the
Elder Family would create a new manufacturing and labeling requirement for the manufacturers
of “DOT 39 cylinders," which ruling would violate the preemption provisions of the HMTA?
3. Did the Bankruptcy Court err by failing to give proper deference to the Department of
Transportation’s September ll, 2007 letter response to the Reorganized Debtors’ application for
preemption determination?
Dated: Wilmington, Delaware Respectfully submitted,
April 21, 2008
EDWARDS ANGELL PALMER & DODGE LLP
/s/ Mark D. Olivere
Stuart M. Brown (No. 4050)
William E. Chipman, Jr. (No. 3818)
R. Craig Martin (No. 5032)
Mark D, Olivere (No. 4291)
919 North Market Street, Suite 1500
Wilmington, Delaware 19801
(302) 777—7770
(302) 777-7263
Counsel to the Reorganized Debtors
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