Você está na página 1de 9

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ALLIED SYSTEMS HOLDINGS, INC., et al.

, Debtors.
1

Chapter 11 Case No. 12-11564 (CSS) (Jointly Administered)


Re: Docket No. 418

CERTIFICATION OF COUNSEL REGARDING ORDER PURSUANT TO 11 U.S.C. 1121(d), EXTENDING THE EXCLUSIVE PERIODS WITHIN WHICH THE DEBTORS MAY FILE A CHAPTER 11 PLAN AND SOLICIT ACCEPTANCES THEREOF The undersigned counsel to the above-captioned debtors and debtors-in-possession (collectively, the Debtors) hereby certifies as follows: 1. On September 7, 2012, the Debtors filed the Debtors Motion for Extension of

Exclusive Periods During Which Debtors May Propose and File Plans of Reorganization and Solicit Acceptances Thereof (the Motion) [Docket No. 418], seeking to extend the exclusive period that the Debtors may file and solicit acceptances of a Chapter 11 plan. 2. Pursuant to a notice filed with the Motion, any objection or response to the

Motion was to be filed and served no later than September 21, 2012 (the Objection Deadline). The Debtors extended the Objection Deadline to September 24, 2012 for BDCM Opportunity Fund II, LP, Black Diamond CLO 2005-1 Adviser L.L.C. and Spectrum Investment Partners LP.

The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (900169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (875688228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (382918187); Cordin Transport LLC (38-1985795); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (592876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (910847582). The location of the Debtors corporate headquarters and the Debtors address for service of process is 2302 Parklake Drive, Bldg. 15, Ste. 600, Atlanta, Georgia 30345.

RLF1 7196175v.2

No answer, objection or other responsive pleading to the Motion has appeared on the Courts docket in the above-captioned chapter 11 cases. 3. Prior to the Objection Deadline, however, the Debtors did receive informal

comments (the Comments) from the Official Committee of Unsecured Creditors for the Debtors (the Committee) to the proposed form of order submitted with the Motion (the AsFiled Order). The Debtors have incorporated the Comments into a revised form of order (the Revised Order), a copy of which is attached hereto as Exhibit A. The Revised Order has been circulated to and approved by the Committee. For the convenience of the Court and all parties in interest, a comparison version of the Revised Order against the As-Filed Order attached hereto as Exhibit B.

-2RLF1 7196175v.2

WHEREFORE, the Debtors respectfully request that the Revised Order, substantially in the form attached hereto as Exhibit A, be entered at the earliest convenience of the Court. Dated: September 25, 2012 Wilmington, Delaware Respectfully submitted, /s/ Marisa A. Terranova Mark D. Collins (No. 2981) Christopher M. Samis (No. 4909) Marisa A. Terranova (No. 5396) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 19801 Telephone: (302) 651-7700 Facsimile: (302) 651-7701 E-mail: collins@rlf.com E-mail: samis@rlf.com E-mail: terranova@rlf.com -andJeffrey W. Kelley (GA Bar No. 412296) Ezra H. Cohen (GA Bar No. 173800) TROUTMAN SANDERS LLP Bank of America Plaza 600 Peachtree Street, Suite 5200 Atlanta, Georgia 30308-2216 Telephone No.: (404) 885-3000 Facsimile No.: (404) 885-3900 E-Mail: jeffrey.kelley@troutmansanders.com E-Mail: ezra.cohen@troutmansanders.com Proposed Counsel for Debtors

-3RLF1 7196175v.2

Exhibit A

RLF1 7196175v.2

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ALLIED SYSTEMS HOLDINGS, INC., et al., Debtors.
1

Chapter 11 Case No. 12-11564 (CSS) (Jointly Administered)


Re: Docket No. 418 & ___

ORDER PURSUANT TO 11 U.S.C. 1121(d) EXTENDING THE EXCLUSIVE PERIODS WITHIN WHICH THE DEBTORS MAY FILE A CHAPTER 11 PLAN AND SOLICIT ACCEPTANCES THEREOF Upon the motion (the Motion)2 of the above-captioned debtors and debtors-inpossession (collectively, the Debtors) for entry of an order, pursuant to Section 1121(d) of the Bankruptcy Code and Bankruptcy Rule 9006, extending the Exclusive Periods within which to file a Chapter 11 plan and solicit acceptances thereof; and upon consideration of the Motion and all pleadings relating thereto; and the Court finding that (a) it has jurisdiction over the matters raised in the Motion pursuant to 28 U.S.C. 157 and 1334, (b) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and (c) proper notice of the Motion and the hearing thereon has been given and that no other or further notice is necessary and it appearing that the relief requested therein is in the best interest of the Debtors, their estates and creditors and other parties in interest; and after due deliberation, and good and sufficient cause appearing therefor,

The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (900169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (875688228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (382918187); Cordin Transport LLC (38-1985795); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology LLC (45-4242057); QAT, Inc. (592876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (910847582). The location of the Debtors corporate headquarters and the Debtors address for service of process is 2302 Parklake Drive, Bldg. 15, Ste. 600, Atlanta, Georgia 30345. 2 Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Motion.

RLF1 7166516v.1

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. 2. The Motion is granted as may be modified herein. The Debtors Exclusive Filing Period in these Chapter 11 Cases shall be extended

through and including January 7, 2013. 3. The Debtors Exclusive Solicitation Period in these Chapter 11 Cases shall be

extended through and including March 7, 2013. 4. The entry of this Order shall be without prejudice to the rights of the Debtors to

seek further extensions of the Exclusive Periods or to seek other appropriate relief and is without prejudice to the right of any party to object to such any further extensions or relief. 5. The entry of this Order is without prejudice of any partys right to seek to

terminate the Exclusive Periods as extended by this Order. 6. This Court shall retain jurisdiction with respect to all matters arising from or

relating to the implementation of this Order. Dated: September ___, 2012 Wilmington, Delaware THE HONORABLE CHRISTOPHER S. SONTCHI UNITED STATES BANKRUPTCY JUDGE

-2RLF1 7166516v.1

Exhibit B

RLF1 7196175v.2

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ALLIED SYSTEMS HOLDINGS, INC., et al., Debtors.
1

Chapter 11 Case No. 12-11564 (CSS) (Jointly Administered)


Re: Docket No. 418 & ___

ORDER PURSUANT TO SECTION 11 U.S.C. 1121(d) EXTENDING THE EXCLUSIVE PERIODS WITHIN WHICH THE DEBTORS MAY FILE A CHAPTER 11 PLAN AND SOLICIT ACCEPTANCES THEREOF Upon the motion (the Motion)2 of the above-captioned debtors and debtors-inpossession (collectively, the Debtors) for entry of an order, pursuant to Section 1121(d) of the Bankruptcy Code and Bankruptcy Rule 9006, extending the Exclusive Periods within which to file a Chapter 11 plan and solicit acceptances thereof; and upon consideration of the Motion and all pleadings relating thereto; and the Court finding that (a) it has jurisdiction over the matters raised in the Motion pursuant to 28 U.S.C. 157 and 1334, (b) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and (c) proper notice of the Motion and the hearing thereon has been given and that no other or further notice is necessary and it appearing that the relief requested therein is in the best interest of the Debtors, their estates and creditors and other parties in interest; and after due deliberation, and good and sufficient cause appearing therefor,

The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (90-0169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (875688228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38-2918187); Cordin Transport LLC (38-1985795); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology LLC (45-4242057); QAT, Inc. (59-2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (91-0847582). The location of the Debtors corporate headquarters and the Debtors address for service of process is 2302 Parklake Drive, Bldg. 15, Ste. 600, Atlanta, Georgia 30345. 2 Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Motion.

RLF1 7166516v.17166361v.1

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. 2. The Motion is granted as may be modified herein. The Debtors Exclusive Filing Period in these Chapter 11 Cases shall be extended

through and including January 7, 2013. 3. The Debtors Exclusive Solicitation Period in these Chapter 11 Cases shall be

extended through and including March 7, 2013. 4. The entry of this Order shall be without prejudice to the rights of the Debtors to

seek further extensions of the Exclusive Periods or to seek other appropriate relief and is without prejudice to the right of any party to object to such any further extensions or relief. 5. The entry of this Order is without prejudice of any partys right to seek to

terminate the Exclusive Periods as extended by this Order. 6. 5.This Court shall retain jurisdiction with respect to all matters arising from or

relating to the implementation of this Order. Dated: September ___, 2012 Wilmington, Delaware THE HONORABLE CHRISTOPHER S. SONTCHI UNITED STATES BANKRUPTCY JUDGE

-2RLF1 7166516v.17166361v.1

Você também pode gostar