Opinion
Bankruptcy Case No. 01-30923DM, Chapter 11.
December 5, 2001
ORDER RESCHEDULING HEARINGS ON APPROVAL OF DISCLOSURE STATEMENT
On December 4, 2001, the court conducted a status conference regarding objections to the Debtor's Disclosure Statement for Plan of Reorganization, etc. filed September 20, 2001 (the "original Disclosure Statement"). As stated on the record at the hearing, the following is the schedule for further proceedings for approval of the Debtor's revised Disclosure Statement:
1. The December 19, 2001, 9:30 a.m., hearing on approval of the original Disclosure Statement is VACATED.
2. No later than December 19, 2001, the Debtor is to file its revised Plan Of Reorganization and revised Disclosure Statement. It should serve those documents on all parties who filed objections to the original Disclosure Statement as well as the United States Trustee ("UST") and counsel for the Official Committee of Unsecured Creditors ("Committee"). The revised Disclosure Statement should describe specifically (1) the laws and regulations Debtor seeks to preempt through confirmation of its revised Plan of Reorganization; (2) the governmental units affected by any such preemption and (3) how the various transactions contemplated by the revised Plan of Reorganization will affect certain executory contracts and Debtor's obligations under those contracts;.
3. No later than January 10, 2002, Debtor is to file and serve on parties who have objected to the original Disclosure Statement, the Committee, and the UST, a summary identifying outstanding objections to the adequacy of the revised Disclosure Statement as of that date, along with the Debtor's proposed resolution, if any, of those objections.
4. The court will hold a hearing on January 14, 2002, at 9:30 a.m., to consider objections to the adequacy of the revised Disclosure Statement; provided, however, it will not consider at that hearing the matters to be considered at the January 25, 2002, hearing described below. All outstanding objections to the adequacy of the original Disclosure Statement will be preserved and do not need to be refiled. The court will permit parties in interest to make oral objections to the adequacy of the revised Disclosure Statement provided they have, prior to the hearing, met and conferred (in person or telephonically) with counsel for the Debtor concerning any contentions that the revised Disclosure Statement is inadequate. Any written objections to the adequacy of the revised Disclosure Statement parties choose to file must be filed and served no later than January 10, 2002, but only if the objectors "meet and confer" with Debtor's counsel as provided herein.
5. No later than January 8, 2002, the California Public Utilities Commission, the Attorney General for the State of California, and any other governmental unit contending that the revised Plan Of Reorganization is facially invalid based upon sovereign immunity and/or impermissible federal preemption, and that, therefore, the revised Disclosure Statement should not be approved, are to file their briefs on those issues in opposition to approval of the revised Disclosure Statement. Any briefs submitted in connection with this matter are to be delivered personally or by facsimile to counsel for the Debtor, the UST, PGE Corporation as co-proponent of the revised Plan of Reorganization, and the Committee on January 8, 2002.
6. No later than January 22, 2002, the Debtor, PGE Corporation, and the Committee shall file and serve their responses to the briefs addressing sovereign immunity and/or preemption and filed by the January 8 deadline noted in paragraph 5. Those briefs shall be delivered personally or by facsimile on January 22 to counsel who submit briefs pursuant to paragraph 5.
7. The court will hold a hearing on January 25, 2002 at 9:30 a.m. on the issue of whether the revised Plan Of Reorganization is facially invalid based upon sovereign immunity and/or preemption.
8. The briefs to be submitted pursuant to paragraphs 5 and 6 may be up to forty pages in length.