Opinion
Case No. 02-83984-SSM, (Jointly Administered)
October 29, 2003
Lawrence E. Rifken, Esquire, McGuireWoods LLP, McLean, VA, for the reorganized debtors
Susan E. Birenbaum, Esquire, Office of the General Counsel Pension Benefit Guaranty Corporation, Washington, DC, for the Pension Benefit Guaranty Corporation
Malcolm Mitchell, Esquire, Vorys, Sater, Seymour Pease, L.L.P., Alexandria, VA, for the Post-Confirmation Creditors Committee
ORDER
An expedited hearing was held in open court on October 21, 2003, on the motion (Doc. # 4237) of the Pension Benefit Guaranty Corporation ("PBGC") to strike the amended objection to claim (Doc. # 4200) filed by the reorganized debtors on October 13, 2003. The debtors and the PBGC were present by counsel.
Upon consideration of the motion and the argument of counsel, and for the reasons stated orally on the record, the court concludes that the last-minute assertion by the reorganized debtors of an entirely new ground of objection — namely that the PBGC failed to mitigate damages by not agreeing to allow restoration funding of the pilots' defined-benefit plan — is unfairly prejudicial to the PBGC. It is, accordingly,
ORDERED:
1. The amended objection to claim is stricken.
2. The clerk shall mail a copy of this order, or give electronic notice of its entry, to the parties listed below.