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

Case 1:07-cv—00487-JJF Document 2 Filed 08/07/2007 Page 1 of 4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: § Chapter ll
§
THE FINOVA GROUP INC, 0 Casa NOS' 0;,0698 (pjw)
FINOVA CAPITAL CORPORATION, §
Rcmgzmizcd Dgbwrsp g Jorntly Administered
§ Rc: Docket Nos. 48, 9.3, 205, 225, 231 and 23.3
DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN THE
RECORD ON APPEAL ANI) STATEMENT OF ISSUES ON CROSS—APPEAL
PLEASE TAKE NOTICE that the FINOVA Group, Inc. and FINOVA Capitai
Corporation (together the ““Debtors"), the abovecaptioned Reorganized Debtors, hereby submits,
pursuant to Banlcruptcy Rule 8006, this designation of additional items to be included in the
record on appeai regarding the appeal by the Official Committee of`l5.quity Security Holders (the
"Equity Committee") of the bankruptcy court’s Order dated June 26, 2007 [Docket Noi 220}
granting the Debtors’ Motion requesting clarification of its confirmed plan of reorganization and
statement of issues on the Debtors’ cross-appeal of the bankruptcy conrt’s orders reconstituting
the Equity Committee and increasing its expense cap.
DESIGNATION OF ADDITIONAL ITEMS FOR RECORD ON APPEALI
Docket No. Bescri • tion
Docket No. 100 Order Confirming the Third Amended and Restated Joint Plan of
Reorganization of Debtors Under Chapter Il of the Bankruptcy Code,
dated August 9, 2001 [Case No. 0l~068“7]
l This designation of items is in addition to any record items listed in Appel/our is Designczricm of
Documents for the Record and Statement oflssues on Appeal {Docket No, ,233], tiled July I6, 2007.
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Case 1:07-cv—00487-JJF Document 2 Filed 08/07/2007 Page 2 of 4
Docket No. Descri tion
Docket No. 23 Debtors’ Motion to Approve Form and Manner of Notice and to Limit
Notice ot` the Motion of the Reorganized Debtor for an Order Under
Bankruptcy Code Section 1141 Clarifying Provision of`ContIrmed Plan,
dated April 1, 2005
Docket No. 25 Order Approving, Form and Manner ot` Notice and to Limit Notice of the
Motion ofthe Reorganized Debtor for an Order Under Baniaruptcy Code
Section 1141 Clarifying Provision of Confirmed Plan, signed April 6,
2005
Docket No. 34 Joinder of Rozann Chernov in First Carolina Investors, Inc.’s Motion
for Continuance of Objection Deadline and Hearing on Debtors’ Motion
for An Order Under Bankruptcy Code Section li41 Clarifying
Provision of Continued Plan, dated May 31, 2005.
Docket No. 35 Joinder of Rozann Chemov in Eugene Lindin’s Motion for An Order
Which Recognizes the Continued Existence of the Official Committee
of Equity Holders, or ln tire Alternative, For the Reconstitution of the
Equity Committee, For The Limited Purpose of Responding to the
Debtors’ Motion for An Order Under Bankruptcy Code Section 1l41
Ciarifying Provision of Confirmed Plan, dated May 31, 2005
Docket Nos. 38, 41 Objection of First Carolina Investors Inc, to Motion of Reorganized
Debtor for an Order Under Bankruptcy C•e Section 1l41 Clarifying
Provision of Confirmed Plan, dated June 3, 2005
Docket No. 69 The Official Committee of Equity Security I·lolders’ Application for an
Order, Pursuant to Section 328 of the Bankruptcy Code and Fed. R.
Bankr. P. 2014, increasing the Cap on Fees and Expenses Which can be
Incurred on Behalf of the Equity Committee, dated November ll, 2005
Docket No. 71 Debtors’ Response to Application of Equity Committee to Increase Cap
on Fees and Expenses, dated November 22, 2005
Docket No, 93 Order Increasing the Cap Previously Imposed on Fees and Expenses
Which Can be Incurred on Behalf of the Equity Committee, dated
12/30/05
Docket No. 177 Motion to Approve Compromise Under Rule 9019 Re: Tliaxton
Litigation (ii) Approving the Ongoing Sale of the 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 the Court, dated
November 10, 2006
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Case 1:07-cv—00487-JJF Document 2 Filed 08/07/2007 Page 3 of 4
Docket No. Descri • tion
Docket Nor 191 Order Pursuant to Sections 105(a), 350(b), and 1142 ofthe Bankruptcy
Code and Rules 3020(d), 5010, and 9019 of the Federal Rules of
Bankruptcy Procedure (i) Approving Settlement of Thaxton Litigation,
Approving the Ongoing Sale ofthe Reorganized Debtors’ Remaining
Assets, the Windup of the Reorganized Debtors’ Operations and the
Future Dissolution of Reorganized Debtors, (iii) Reopening FINOVA
C`:roup’s Chapter 11 Case and (iv) Channeling Claims Related to the
Reorganized Debtors’ Chapter ll Plan into the Court, dated December
4, 2006
Docket No, l95 Transcript of Hearing Held on December 4, 2006, before the Honorable
Peter .1. Walsh, entered January 4, 2007
Docket No. 222 Motion of the Official Committee of Equity Security Holders Pursuant
to Federal Rule of Bankruptcy Procedure 8005 for a Stay Pending
Appeal of the Bankruptcy Court’s Order Granting Debtors’ Motion
Requesting Clarification of Confirmed Chapter li Plan, dated June 28,
2007
Docket No. 228 Objection to Motion of the Official Committee ot` Equity Security
Holders Pursuant to Federal Rule of Bankruptcy Procedure 8005 for a
Stay Pending Appeal of the Bankruptcy Court’s Order Granting
Debtors’ Motion Requesting Claritication of Confirmed Chapter ll
Plan, dated July ll, 2007
Docket No. 23l Notice of Cross Appeal, dated July 16, 2007
STATEMENT OF ISSUES ON CROSS APPEAL
1. Whether the Bankruptcy Court erred in granting the Motion for an Order
which Recognizes the Continued Existence of the Official Committee of Equity Security
Holders, or in the Alternative for the Reconstitution of the Equity Committee, tor the Limited
Purpose of Responding to the Debtors’ Motion for and Order Linder Bankruptcy Code Section
1141 Clarifying Provision of Confirmed Plan [Docket No. 33] (the "Equity Committee Motion")
by either (i) reconstituting the Equity Committee for the limited purpose of responding to the
Clarification Motion or (ii) requiring the Debtors to pay up to $100,000 of fees and expenses of
the Equity Committee (the "Pee Cap").
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Case 1:07-cv—00487-JJF Document 2 Filed 08/07/2007 Page 4 of 4
2. Whether the Bankruptcy Court erred by entering orders granting motions
of the Equity Committee to (a) increase the Fee Cap from $100,000 to $200,000, (b) further
increase the Fee Cap from $200,000 to $300,000, and (c) further increase the Fee Cap from
$300,000 to $388,8l3.
3. Whether the Bankruptcy Court should have conducted an evidentiary
hearing before ordering the increase in the Fee Cap described in Question 2(c) above.
4. Whether the Bankruptcy Court violated the absolute priority rule and fair
and equitable principles of bankruptcy law by (i) reconstituting the Equity Committee or (ii)
increasing the Fee Caps.
Dated: July 26, 12,007 q,.-·t` l
Wilmington, Delaware ‘
$2 ` ” i` ’ I.; I- ` ·.g•.
Mark . Collins (N0. 2981)
Jason M. Madron (N o. 4431)
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington, Delaware 19801
Telephone: (302) 651~7”/00
'1"elecopy: (.302) 651-7701
~and~·
Jonathan M. Landers
Robert K. Dakis
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, New York 10166
Telephone: (2}.2) 35l-4000
Telecopy: (212) 351—~4035
C0-·Cou.·1sel to the Reorgcmized Debmrs
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