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<br />~l TBQ COURT: Anything further on the Epviropmeptel <br />2 Protection Agenry'e objection? - <br />3 I don't believe that I have any evidence hefo[e me <br />4 today that indicntea that the EPA hoe ~n interest in these <br />5 inaurmce proceeds. There le a legal doctrine that my give <br />6 rise to some kind of an equitable claim, but at this point, <br />7 there isn't nven my evidence before the Court to indicate <br />e rhat the inaurmce proceeds are or what policies they derive <br />9 from or rhat, in fact, they cover. <br />10 I'm not going to graft onto the Plm the language <br />11 that has been proposed. I believe that that would require me <br />12 to have adjudicated that the EPA does, in fact, have m <br />13 equitable interest, and I'm net going to do that without <br />14 proper notice and a hearing, especially considering the <br />15 settlement that vas noticed to all partl.ee is interest that <br />'16 van sllmt regarding my interest that the HPA map claim in <br />17 my insurmce proceeds ehonld they come fzmm thin particular <br />1E aoazce~ <br />19 I believe that Mr. NcCardell'e point is weli taken <br />20 that if there is any interest that remains, that iatareet la <br />21 not~atnge aflwettl=M,~A- plm.' If the interest has -- <br />22 ^houlde~thara. have at one iise bem one has evaporated because <br />23 of the notiq sad haariag proeadnre on the eetilearnt, then <br />26 that ie tomathiv9 that happened tear time age, and the Court <br />25 has no reason at this paint Sn time to andify that prior <br />eo <br />/ ,: r <br />1 order. <br />2 Therefore, I'm going to find that the objection <br />3 that has been filed by the EPA is not yell taken end is apt e <br />4 bar to confirmation. <br />5 Nr. flcCardell, would you include that in any orders <br />6 that ere neeessary7 <br />7 Do you have something further, Nr. Gallagher? <br />8 MA. GALLAGEER: Yes, if I may, Your Epnpr. This <br />9 doesn't address mything that ypu just ruled, but in the <br />10 coming weeks I suppose that there will be a heating on the <br />11 settlements with the insurance policy -- Sneutance eompenies, <br />32 if any. The Onited States will need some time tp prepare and <br />13 will need to conduct some discovery regarding the insurance <br />14 policies. Nith Your Eonor•e leave, ve would request leave to <br />35 conduct some kind of discovery along those lines. That's <br />'16 all. <br />17 TBE COURT: I'm not going to rule on that at this <br />1B point, Hr. Gallagher. I don't Imor even if it's been set on <br />19 the calendar.. Perhaps it's been set at a time when you em <br />20 d0 gq~diaeevary you wmt to at this point. If you rmt to <br />21 dvjlkmvavzy sad-there isn't time, they yon em file <br />22 apptbpeSata plredings, 1f yov rich. I'^ jvet goinq to rule <br />23 it's net ripe for me to melee my determination at this time. <br />24 NR. NC CARDEIS: Nay it please the Court, there <br />25 remeia two objections to confirmation which have not been <br />el <br />