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

Case 1 :07-cv-00487-JJF Document 3 Filed 08/07/2007 Page 1 of 3
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: : Chapter l l
FINOVA CAPITAL CORP.,
2 Case Nos. 01-0698 (PJW)
Reorganized Debtors. : J ointly Administered
CROSS-APPELLEE’S DESIGNATION OF ADDITIONAL
DOCUMENTS FOR THE RECORD ON APPEAL AND
STATEMENT OF ADDITIONAL ISSUES ON APPEAL .
Pursuant to Rule 8006 of the Federal Rules of Bankruptcy Procedure, the Official
Committee of Equity Securities Holders (the "Equity Committee"), as Cross—Appellee, responds
to the Designation of Additional Items to be Included in the Record on Appeal and Statement of
Issues on Cross—Appeal [Docket No. 239] by: (i) designating additional documents for the
record on appeal;] and (ii) stating additional issues on appeal:
I. Designation of Additional Documents for the Record on Appeal
l. Final Decree and Order Closing Certain Chapter I I Cases Pursuant to
Section 350(a) of the Bankruptcy Code, Bankruptcy Rule 3022 and Local Rule 5009-l and
Granting Related Relief [Case No. 0l—697, Docket No. 2025].
2. Order Approving the Form and Manner of Notice and Limiting Notice of i
the Motion of the Reorganized Debtor for an Order Under Bankruptcy Code Section I 141
Clarifying Provision Confirmed Plan [Docket No. 26].
3. Notice of Motion Filed by Eugene Linden [Docket No. 36].
I The documents designated herein are in addition to any ofthe documents listed in Appe//am ’.s·
Desigmz/ion qfD0c·umenls_/or {he Record and Sra/emem qflsxsues on Appeal filed on July 16.
2007 [Docket No. 233].
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Case 1:07-cv-00487-JJF Document 3 Filed 08/07/2007 Page 2 of 3
4. Order Directing the Office of the United State Trustee to Appoint an
Official Committee of Equity Security Holders for a Limited Purpose and Granting Related
Relief [Docket No. 48]. I
5. Limited Objection to the Motion of the Reorganized Debtors for an Order
Pursuant to Sections 105(a), 350(b), an 1142 of the Bankruptcy Code and Rules and Rules
3020(d), 5010 and 9019 of the Federal Rules of Bankruptcy Procedure (i) Approving Settlement
of Thaxton Litigation, (ii) Approving the Ongoing Sale of Reorganized Debtors' Remaining
Assets, the Windup of the Reorganized Debtors' Operations and the Future Dissolution of
Reorganized Debtors, (iii) Reopening Finova Group's Chapter 11 Case and (iv) Channeling
Claims Related to the Reorganized Debtors' Chapter 11 Plan into this Court (DJ. 177) [Docket
No. 181].
6. Transcript of Hearing held on July 24, 2007 before the Honorable Peter J. ·
Walsh [Docket No. 240].
II. Statement of Additional Issues on Appeal
1. Should the cross—appeal of the Orders dated June 16, 2005, December 30,
2005, and February 6, 2007, be dismissed as untimely and/or moot?
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Case 1:07-cv-00487-JJF Document 3 Filed 08/07/2007 Page 3 of 3
Dated: August 6, 2007
Wilmington, Delaware WILLIAM D. SULLIVAN, LLC
/s/ William D. Sullivan
William D. Sullivan (N0. 2820)
4 East 8th Street, Suite 400 `
Wilmington, DE 19801
Tel: (302) 428-8191
Fax: (302) 428-8195
email: [email protected]
-— and --
ANDERSON KILL & OLICK, P.C.
Mark D. Silverschotz, Esq.
James M. Andriola, Esq.
1251 Avenue ofthe Americas
New York, NY 10020-1182
Telephone: (212) 278-1000
Facsimile: (212) 278-1733
Attorneysfor Appellant and Crass-Appellee,
Official Committee of Equity Security Holders
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