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  • 1. IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWAREIn re: Chapter 11ALLIED SYSTEMS HOLDINGS, INC., Case No. 12-11564 (CSS) Alleged Debtor. Re: Docket No. 11In re: Chapter 11ALLIED SYSTEMS, LTD. (L.P.), Case No. 12-11565 (CSS) Alleged Debtor. Re: Docket No. 11 ALLEGED DEBTORS RESPONSE TO PETITIONING CREDITORS MOTION PURSUANT TO DEL. BANKR. L.R. 9006-l(e) FOR AN ORDER SHORTENING TIME FOR NOTICE OF THE HEARING TO CONSIDER THE PETITIONING CREDITORS MOTION TO FILE REDACTED VERSIONS OF CONFIDENTIAL PLEADINGS AND TO FILE CERTAIN EXHIBITS THERETO UNDER SEAL COME NOW the Alleged Debtors and file this response to the Petitioning CreditorsMotion Pursuant to Del Bankr. L.R. 9006-1 (e) for an Order Shortening Time for Notice of theHearing to Consider the Petitioning Creditors Motion to File Redacted Versions of ConfidentialPleadings and to File Certain Exhibits thereto under Seal [Docket No. 11 in both Case No. 12-11564 (CSS) and Case No. 12-11565 (CSS)], filed May 17, 2012 (the "Motion to Shorten Timefor Redaction and Sealing Motion "). In making this response the Alleged Debtors do not waivetheir request that venue of this case be transferred to the United States Bankruptcy Court for theNorthern District of Georgia, where their earlier Chapter 11 Cases are pending RESPONSE 1. The Alleged Debtors have no objection to the Motion to Shorten Time forRedaction and Sealing Motion to the extent that the relief sought therein is to shorten the timeRLFI 6047142v. I
  • 2. only to the extent, if any, that the hearing time is shortened for the Expedited Motion ofPetitioning Creditors for the Appointment of a Trustee Pursuant to 11 USC. §§ 105(a),1104(a)(l) and 1104(a)(2), [Docket No. l3 in both Case No. 12-11564 (CSS) and Case No. 12-11565 (CSS)] filed May 17,2012 (the "Trustee Motion"). 1 2. The redactions in the Trustee Motion and in the Affidavit of Richard Ehrlich inSupport of Motion for the Appointment of a Chapter 11 Trustee, [Docket No. 15 in both CaseNo. 12-11564 (CSS) and Case No. 12-11565 (CSS)], filed May 17, 2012, relate to the AllegedDebtors financial information. Similarly, the Exhibits that the Petitioning Creditors proposed tofile under seal are documents created by Alleged Debtors or Yucaipa. As this court has noted,"[c]onfidential information is information which would result in an unfair advantage tocompetitors by providing them information as to the commercial operations of the debtor." In reA !terra Healthcare Corp., 353 B.R. 66 (Bankr. D. Del2006). 3. However, it should be clear that the Petitioning Creditors Motion to FileRedacted Versions of Confidential Pleadings and to File Certain Exhibits Thereto under Seal[Docket No. 10 in both Case No. 12-11564 (CSS) and Case No. 12-11565 (CSS)] (the"Redaction and Sealing Motion"), should not be granted to the extent that it prevents the AllegedDebtors or its major shareholders from making the redacted or sealed information available tovarious parties in order to promote the Alleged Debtors interests. This is because the The Motion to Shorten Time seeks a shortening of time with respect to the Petitioning Creditors Motion toFile Redacted Versions of Confidential Pleadings and to File Certain Exhibits Thereto under Seal [Docket No. 10 inboth Case No. 12-11564 (CSS) and Case No. 12-11565 (CSS)] (the "Redaction and Sealing Motion"). TheRedaction and Sealing Motion addresses statements and exhibits relate to hearing which the Petitioning Creditorsseek with respect to Expedited Motion of Petitioning Creditors for the Appointment of a Trustee Pursuant to IIU.S. C. §§ I05(a), II04(a)(I) and Il04(a)(2), [Docket No. 13] filed May 17, 2012 (the "Trustee Motion"). Withregard to the timing of the Trustee Motion, the Petitioning Creditors have sought a shortening of the time by filingthe Petitioning Creditors Motion Pursuant to Del. Bankr. L. R. 9006-I(e)for an Order Shortening Time for Noticeof the Hearing to Consider the Expedited Motion of Petitioning Creditors for the Appointment of a Trustee pursuantto 11 U.S. C.§§ 105(a), l/04{a)(I) and 1104(a)(2) [Docket No. 12 in both Case No. 12-11564 (CSS) and Case No.12-11565 (CSS)], filed May 17, 2012. ("Motion to Shorten Time for Trustee Motion") 2RLFI 6047142v. 1
  • 3. confidential information proposed to be protected is the confidential information of the AllegedDebtors and its major shareholders. It is not the confidential information of the PetitioningCreditors except in the sense that they are bound not to disclose it. Accordingly, while theinformation is properly filed under seal, the Alleged Debtors and/or Yucaipa, as the case may be,should retain sole discretion regarding whether and when to disclose the information to thepublic or confidentially to other parties-in-interest.Dated: May 21, 2012 Wilmington, Delaware Respectfully submitted, .... Mark D. C lins (No. 2981) Christo er M. Samis (No. 4909) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 1980 1 Telephone: (302) 651-7700 Facsimile: (302) 651-7701 E-mail: collins@rlf.com E-mail: samis@rlf.com -and- Jeffrey W. Kelley (GA Bar No. 412296) Ezra H. Cohen (GA Bar No. 173800) TROUTMAN SANDERS LLP Bank of America Plaza 600 Peachtree Street, Suite 5200 Atlanta, Georgia 30308-2216 Telephone No.: (404) 885-3000 Facsimile No.: (404) 885-3900 E-Mail: jeffrey.kelley@troutmansanders.com E-Mail: ezra.cohen@troutmansanders.com Counsel for Alleged Debtors 3RLFI 6047142v. I
  • 4. CERTIFICATE OF SERVICE I, Christopher M. Samis, hereby certify that a true and correct copy of the foregoingAlleged Debtors Response to Petitioning Creditors Motion Pursuant to Del. Bankr. L.R. 9006-I (e) for an Order Shortening Time for Notice of the Hearing to Consider the PetitioningCreditors Motion to File Redacted Versions of Confidential Pleadings and to File CertainExhibits Thereto Under Seal was served upon all parties in interest, by first class mail and/orhand delivery on May 21 , 2012, at the following addresses:BDCM Opportunity Fund II, LP United States TrusteeOne Sound Shore Drive 844 King Street, Room 2207Suite 200 Lockbox #35Greenwich, CT 06830 Wilmington, DE 19899-0035Black Diamond CLO 2005-1 Adviser L.L.C. Adam G. Landis, Esq.One Sound Shore Drive Kerri K. Mumford, Esq.Suite 200 Landis Rath & Cobb LLPGreenwich, CT 06830 91 9 Market Street Suite 1800Spectrum Investment Partners LP Wilmington, DE 198011250 Broadway19th Floor Counsel to Petitioning CreditorsNew York, NY 10001RLFl 6047 142v. I