In re Asarco LLC
Decision Date | 13 November 2009 |
Docket Number | No. 05-21207.,No. 09-CV-177.,09-CV-177.,05-21207. |
Citation | 420 B.R. 314 |
Parties | In re ASARCO LLC, et al., Debtors. |
Court | U.S. District Court — Southern District of Texas |
Harlin C. Womble, Jr., Nathaniel Peter Holzer, Shelby A. Jordan, Jordan Hyden et al., Corpus Christi, TX, Jack L. Kinzie, James R. Prince, Judith W. Ross, Omar Jesus Alaniz, Samara Kline, Baker Botts LLP, Dallas, TX, Mary Millwood Gregory, Tony M. Davis, Baker Botts LLP, Houston, TX, for Debtor Asarco LLC, et al.
Charles A. Beckham, Jr., Christopher L. Castillo, Elizabeth Brooks Hamilton, Haynes and Boone, LLP, Houston, TX, Irene Bogdashevsky, Milbank, Twee, Hadley & McCloy, LLP, New York, NY, Robert Jay Moore, Milbank, Tweed, Hadley & McCloy, LLP, Los Angeles, CA, Trey Andrew Monsour Haynes & Boone LLP Dallas, TX, for Interested Party Asarco Incorporated, Americas Mining Corporation.
Derek J. Baker, Reed Smith et al., Philadelphia, PA, James C. McCarroll, Reed Smith LLP, New York, NY, Paul M. Singer, Reed Smith LLP, Pittsburgh, PA, Mark Allan Worden, Fulbright Jaworski LLP, Houston, TX, for Interested Party Official Committee of Unsecured Creditors of Asarco LLC.
This Court has before it the Report and Recommendation of the Bankruptcy Court as to the confirmation of the plan for reorganization in the bankruptcy case styled, In re ASARCO, LLC, et al. (Doc. Nos. 8, 22), as well as objections and replies to objections filed by the various parties affected by that Report and Recommendation. Also before the Court is an additional Report and Recommendation pertaining to the Debtor's Sixth Amended Joint Plan of Reorganization filed by the Debtor1 on September 10, 2009 and the objections pertaining to it. (Doc. No. 55.)
The procedure by which these matters were initially before the Bankruptcy Court and by which this case is now back before this Court (i.e., the withdrawal of the bankruptcy reference and the referral back to the Bankruptcy Court for a Report and Recommendation) was conceived of and agreed upon by the parties, and finally submitted to both the Bankruptcy Court and this Court for approval. It was ultimately approved by both in a hearing presided over both by the Bankruptcy Judge and the undersigned. The main interests of the parties in involving the District Court and requesting this not altogether unique procedure were two-fold. It enabled the Bankruptcy Court—which has extensive knowledge of bankruptcy issues generally, this bankruptcy proceeding specifically, and the parties associated in various capacities with this proceeding—to decide the principal bankruptcy issues, including those related to which Plan should be confirmed, while at the same time allowing this District Court (with the jurisdiction to enter a § 524 channeling injunction) the ability to enter all final and necessary orders to complete the contemplated legal and jurisdictional requirements.
As noted above, this was the procedure conceived of and agreed upon by all parties. This Court (as well as the Bankruptcy Court) relied upon the representations of the parties in granting the motion adopting their request. (Doc. No. 7.)2 All parties (especially the two proponents of reorganization plans under the Bankruptcy Code) emphasized to both the Bankruptcy Court and this Court the fact that the timing of the confirmation of one of the two...
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...Ill. Sept. 28, 2011); In re ABB Lummus Global, Inc., Bankr.No.06-10401, 2006 WL 2052409 (Bankr. D. Del. June 29, 2006); In re ASARCO, LLC, 420 B.R. 314 (S.D. Tex. 2009). Therefore, absent the introduction of evidence depicting any improper conduct or taint of the TDP on the part of the ACC,......
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In re W.R. Grace & Co.
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