Opinion
Chapter 11, Case No. 02-20147
January 25, 2002
CASE MANAGEMENT ORDER
Upon the consideration of the Debtors Motion for an Order Establishing Case Management Procedures (the "Motion") filed by Arrowhead Systems LLC, the debtor in this case (the "Debtor"); and the Court having conducted a hearing on the Motion on January 25, 2002, and it appearing that the relief that is requested in the Motion is appropriate and in the best interests of the Debtor, its estate and its creditors, and that notice of such Motion was adequate and proper in all respects,
NOW, THEREFORE, IT IS HEREBY ORDERED that:
1. The Motion is granted to the extent set forth herein.
2. Except as described in paragraphs 3 and 4 below, with respect to all matters for which the Bankruptcy Code, the Bankruptcy Rules or the Local Rules authorize this Court to designate or limit the parties entitled to notice, notice shall be sufficient if served, via first-class mail, only upon the following parties at the following addresses (the "Primary Service List"):
a. the Office of the United States Trustee, at the following address:
Office of the United States Trustee 517 East Wisconsin Avenue Room 430 Milwaukee, Wisconsin 53202
b. any committees appointed pursuant to section 1102 of the Bankruptcy Code and counsel to any such committees;
c. any insured depository institution entitled to notice, which notice shall be directed to the attention of a designated officer of such institution, including the following:
M I Marshall Ilsley Bank 770 North Water Street Milwaukee, Wisconsin 53202 Attention: Robert Young
d. FINOVA Capital Corporation and counsel for FINOVA, at the following addresses:
FINOVA Capital Corporation 311 So. Wacker Drive, Suite 4400 Chicago, it 60606-6622 Attention: Thomas H. Herron
Goldberg, Kofin, Bell, Black, Rosenbloom Moritz, Ltd. 55 East Monroe Street, Suite 3700 Chicago, IL 60603 Attention: Andrew R. Cardonick, Esq.
e. Tomkins Industries, Inc. at the following address:
4801 Springfield Street Dayton, OH 45431-1084 Attention: George S. Pappaylieu
f. the Debtor and counsel for the Debtor, at the following addresses:
Arrowhead Systems LLC 3255 Medalist Drive P.O. Box 2408 Oshkosh, Wisconsin 54903 Attention: Brian C. Rau
g. the holders of claims or interests who file with the Court and serve on counsel for the Debtor a request for special notice; and
h. any party against whom direct relief is sought, including, by way of example and not limitation, the non-Debtor party to an executory contract being assumed or rejected and parties asserting interests in property being sold.
3. Unless otherwise ordered by the Court, the noticing procedures proposed in paragraph 2 above would not apply to notices of the matters or proceedings described in Bankruptcy Rules 2002(a)(1) (the meeting of creditors pursuant to section 341 of the Bankruptcy Code); (a)(2)(a)(4) (sales over $100,000); (any hearing on the dismissal of a case or the conversion of a case to another chapter); (a)(5) (the time fixed to accept or reject a opposed modification of a plan or reorganintion); (a)(6)(a)(7) (hearing on final determination of professional fees) (the time fixed for filing proofs of claim pursuant to Bankruptcy Rule 3003(c)); (b)(1) (the time fixed for filing objections and any hearing to consider approval of a disclosure statement); (b)(2) (the time fixed for filing objections and any hearing to consider confirmation of a plan of reorganization); (d) (certain matters for which notice is to be provided to equity security holders); (f)(1) (the entry of an order for relief); (f)(2) (the dismissal or conversion of a case to another chapter); (f)(3) (the time allowed for filing claims pursuant to Bankruptcy Rule 3002); (f)(5) (the time fixed for filing a complaint to determine the dischargeabiity of a debt pursuant to section 523 of the Bankruptcy Code, as provided in Bankruptcy Rule 4007); (f)(6) (the waiver, denial or revocation or a discharge, as provided in Bankruptcy Rule 4006); (f)(7) (the entry of an order confirming a chapter 11 plan of reorganization); and (f)(8) (a summary of the trustee's final report should a case be converted to chapter 7, if the net proceeds realized exceed $1,500), all of which matters or proceedings would be noticed in accordance with the applicable provisions of Bankruptcy Rule 2002. In addition, the Debtor does not intend that the noticing procedures proposed above would prejudice: (a) the rights of any party in interest to move the Court to further limit or expand notice upon a showing of good cause, including, but not limited to, the right to file a motion seeking emergency ex parte consideration, or consideration upon shortened time; or (b) the rights of any party to seek an enlargement or reduction of a time period under Bankruptcy Rule 9006(b) or (c). However, unless a party wishes to be added to the Primary Service List, a party will not otherwise receive notice of the proposed use, sale or lease of property of the estate other than in the ordinary course of business (Bankruptcy Rule 2002(a)(2)), hearings on approval of a compromise or settlement of a controversy (Bankruptcy Rule 2002(a)(3)), or hearings on applications for compensation or reimbursement of expenses (Bankruptcy Rule 2002(a)(6)).
4. From time to time during the pendency of the Debtors chapter 11 case, counsel for the Debtor shall file with the Court an updated version of the Primary Service List, for the convenience of parties in interest A party that wishes to change its address on the Primary Service List should provide notice of the change to the Court and the patties on the Primary Service List and any other affected parties. Within ten days after the provision of such a notice, the Debtor shall revise the Primary Service List to reflect such changed address.
5. Until such time as an Official Committee of Unsecured Creditors is appointed by the Office of the United States Trustee, any notice contemplated by this Order shall be provided to the twenty largest unsecured creditors.
6. A copy of this Order shall accompany the Notice of First Meeting of Creditors, to be sewed in accordance with Bankruptcy Rule 2002(a)(1).
7. Term of Order. Any party may at any time apply for reconsideration or modification of this Order. Service of such motion shall be pursuant to the provisions of this Order and shall be made upon at least twenty-one (21) days notice. The Court may amend this Order at any time. This Order shall continue in effect until modified by further order of the Court.