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GENERAL41425
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GENERAL41425
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Last modified
8/24/2016 8:09:14 PM
Creation date
11/23/2007 11:11:03 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
1/6/1994
Doc Name
MEMO IN SUPPORT OF 2ND MOTION OF REORGANIZED DEBTORS DATED 1/4/94 FOR ENTRY OF ORDER IN AID OF CONSU
Media Type
D
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No
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<br /> <br /> <br />re Terracor, 86 B.R. 671 (D. Utah, C.D. 1988) (upholding <br />Bankruptcy Court's decision to abstain from resolution of Fiost- <br />confirmation dispute not involving debtor). <br />A Court order is necessary because it will enable CFb7: to <br />carry out its responsibilities under the Plan of Reorganization <br />with respect to the termination of the Plan, and the <br />annuitization of pension benefits. A Court order also will <br />protect the interests of plan participants and beneficiaries by <br />giving CF&I the ability to purchase an annuity contract from an <br />insurer that CF&I, as Plan fiduciary, determines is the moat <br />appropriate under ERISA, while minimizing the risk of future <br />challenge from the creditors, participants, beneficiaries or the <br />DOL. <br />RELIEF REQUESTED <br />A. For the reasons set forth in this Motion and as more <br />fully discussed in the accompanying Memorandum, 'CF&I hereby seeks <br />the following relief: <br />(a) entry of an order in aid of consummation of 'the <br />Plan of Reorganization, confirming that CF&I, as sponsor of the <br />Non-Contributory Plan of CF6I Steel Corporation (the "Plan"j, has <br />the authority under the confirmed Plan of Reorganization, <br />(i) to make a contribution to the Plan from CF6I's <br />general assets in the amount necessary to purchase a termination <br />annuity contract that CF&I, as Plan fiduciary, determines will <br />14 <br />
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