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

Case 1:08-cv-00187-SLR Document 2 Filed O4/O3/2008 Page 1 of 2
UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
)
In re: )
) Chapter 11
Buffet Holdings, Inc., et al., )
) Case No. 08-10141 (MFW)
Debtors. ) Jointly Administered
)
DESIGNATION OF RECORD AND
STATEMENT OF ISSUE ON APPEAL
Alabama Power Company ("APCO") hereby files this Designation of Record and
Statement of Issue on Appeal:
DESIGNATION OF RECORD
Docket
lg Item
6 Motion for Interim and Final Orders Pursuant to Section 366 of the Bankruptcy
Code (I) Prohibiting Utility Companies from Altering, Refusing, or
Discontinuing Utility Services, (II) Deeming Utility Companies Adequately
Assured of Future Performance, and (III) Establishing Procedures for
Determining Adequate Assurance of Payment filed on January 22, 2008.
32 Interim Order Pursuant to Section 366 of the Bankruptcy Code (I) Prohibiting
Utility Companies from Altering, Refusing, or Discontinuing Utility Services,
(II) Deeming Utility Companies Adequately Assured of Future Performance, and
(III) Establishing Procedures for Determining Adequate Assurance of Payment
entered on January 23, 2008.
171 Objection of Alabama Power Company to Debtors’ Motion for Interim and Final
Orders Pursuant to Section 366 of the Bankruptcy Code (I) Prohibiting Utility
Companies hom Altering, Refusing, or Discontinuing Utility Services, (II)
Deeming Utility Companies Adequately Assured of Future Performance, and
(lll) Establishing Procedures for Determining Adequate Assurance of Payment,
tiled on February 6, 2008.
375 Transcript of hearing held on February 13, 2008 and entered on the docket on
February 26, 2008.

Case 1:08-cv-00187-SLB Document 2 Filed O4/O3/2008 Page 2 of 2
414 Final Order Pursuant to Section 366 of the Bankruptcy Code (1) Prohibiting
Utility Companies from Altering, Refusing or Discontinuing Utility Services,
(11) Deeming Utility Companies Adequately Assured of Future Performance, and
(111) Establishing Procedures for Determining Adequate Assurance of Payment
entered on February 28, 2008 (the "Utility Order").
448 Notice of Appeal filed on March 7, 2008.
STATEMENT OF IssuE ow APPEAL
Did the Bankruptcy Court err when holding that the Utility Deposit Account (as defined
in the Utility Order) was an acceptable form of an assurance of payment under 11 U.S.C. §
366(c) despite the fact that such form was not satisfactory to APCO.
Dated: March 17, 2008
Wilmington, DE · ALLn~1soN tile
William D. Sulliv ( . 2820)
William A. Hazeltine (No. 3294)
4 East 8"` Street, Suite 400
Wilmington, DE 19801
Telephone: (302) 428-8191
Facsimile: (302) 428-8195
E-mail: [email protected]
whazeltinegaajsha-llc.com
- and —
Eric T. Ray, Esq.
BALCH & BINGHAM LLP
1901 Sixth Avenue North, Suite 2600
Birmingham, Alabama 35203
Telephone: (205) 226-3457
Facsimile: (205)488-5845
E-mail address; [email protected]
/i[1()I"}’Z€/1/.S_]`?)l’ Alabama Power Company
einl~>93 I 2

Case 1:08-cv-00187-SLR

Document 2

Filed 04/03/2008

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Case 1:08-cv-00187-SLR

Document 2

Filed 04/03/2008

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