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GENERAL42067
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GENERAL42067
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Last modified
8/24/2016 8:10:34 PM
Creation date
11/23/2007 11:34:37 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Name
MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ORDER EXTENDING DEBTORS EXCLUSIVE PERIODS TO FILE PLANS
Media Type
D
Archive
No
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<br />If the UtIR bankruntcv has to be resolved <br />througr_ litigation there wou'_d be few winners, i:E <br />any. <br />~1 re UNR Industries, Inc., 72 Bankr. 789, 792-93 (Bank:.. N.D. <br />I11. 1987). <br />Parties in interest are clearly benefited rather than <br />harmed by an extension of the Exclusive Periods. Moreover, the== <br />i:> little risk of harm to creditors from an extension of the <br />Exclusive Periods. As the court noted in the McLean In~9ustries <br />case: <br />[t]his is not a case where, for example, the deb'.or <br />will be unable to care for its assets and yet <br />insists en maintaining the exclusive nigh*_ to <br />propose a plan. Nor is this a case where the <br />debtor has lost sight of the need to deal with i~.s <br />creditors. <br />81 Bankr. at 835. <br />F. Debtors' Prospects for Filing a Plan of <br />Reorganization within the Extended Time Period. The prospects <br />for filing a plan of reorganization within the proposed extended <br />Exclusive Filing Period are not fully known at this time. <br />Critical negotiations with unions and the PBGC are in r~=_latively <br />early stages. It is evident that some resolution or proposed <br />resolution of the pension issues is essential to a viable plan of <br />reorganization. A resolution of these issues may take :s <br />substantial period of time, partitularly if negotiations between <br />the Debtors and the unions or between the the Debtors and the <br />Pf1GC are protracted, or if a resolution of these issues must be <br />accomplished through litigation. <br />G. Debtors' Cases bear None of the Indicia of aj <br />Bre.=_kdoc;n ?n P-ogress that would Justify Denial of the t4otion. <br />l0 <br />
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