Reorganization Counsel for Debtor and Debtor in Possession

Transcription

1 THEODORE B. STOLMAN (State Bar No. CA 52099) TStolman@Stutman.com WHITMAN L. HOLT (State Bar No. CA ) WHolt@Stutman.com STUTMAN, TREISTER & GLATT, P.C Avenue of the Stars, 12th Floor Los Angeles, CA Telephone: (310) Facsimile: (310) and- ROBERT W. JONES (State Bar No. TX ) RWJones@pattonboggs.com BRENT R. MCILWAIN (State Bar No. TX ) BMcIlwain@pattonboggs.com PATTON BOGGS LLP 2001 Ross Avenue, Suite 3000 Dallas, TX Telephone: (214) Facsimile: (214) Reorganization Counsel for Debtor and Debtor in Possession Debtor's Mailing Address: 2727 East Imperial Highway Brea, California UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA SANTA ANA DIVISION In re: FREMONT GENERAL CORPORATION, a Nevada corporation, Debtor. Tax I.D CASE NO. 8:08-bk ES STIPULATION REGARDING THE WITHDRAWAL AND DISALLOWANCE OF PROOF OF CLAIM NUMBERS 671, 672, 674, 760, 788, 797, 820, AND 824 Hearing [None Required]

2 WHEREAS, in November 2008, California Insurance Commissioner Steve Poizner (the "Commissioner"), as the statutory liquidator of Fremont Indemnity Company in Liquidation ("Indemnity"), filed four proofs of claim against Fremont General Corporation, debtor and debtor in possession in the above-captioned chapter 11 case (the "Debtor"); WHEREAS, second copies of each of the proofs of claim were filed in duplicate, and the eight claims were assigned the following numbers on the Bankruptcy Court's official claims register: 671, 672, 674, 760, 788, 797, 820, and 824 (collectively, the "Proofs of Claim"); WHEREAS, on April 17, 2009, the Commissioner (as liquidator of Indemnity, conservator of Fremont Life Insurance Company in Conservation, and in any and all capacities relevant to claims or potential claims against the Fremont entities), the Debtor, Fremont Reorganizing Corporation, and Fremont Compensation Insurance Group, Inc. entered into that certain Stipulation and Agreement Regarding the Global and Integrated Settlement and Release of Claims and Disputes (the "Agreement"); WHEREAS, section III.C of the Agreement provides that, in exchange for the consideration exchanged in the Agreement, Indemnity and the Commissioner will, inter alia, withdraw the Proofs of Claim with prejudice and join the Debtor in a request for an order formally denying, disallowing, and expunging all such Proofs of Claim in their entirety and with prejudice; WHEREAS, the Agreement was approved by the Bankruptcy Court pursuant to Federal Rule of Bankruptcy Procedure 9019(a) via an order entered on May 19, 2009 (the "Order" [Docket No. 661]), 1

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4 In re: Fremont General Corp., Debtor(s). CASE NUMBER 8:08-bk ES NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket. PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 1901 Avenue of the Stars, 12 th Floor, Los Angeles, CA The foregoing document described STIPULATION REGARDING THE WITHDRAWAL AND DISALLOWANCE OF PROOF OF CLAIM NUMBERS 671, 672, 674, 760, 788, 797, 820, AND 824 will be served or was served (a) on the judge in chambers in the form and manner required by LBR (d); and (b) in the manner indicated below: I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ( NEF ) Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) ( LBR ), the foregoing document will be served by the court via NEF and hyperlink to the document. On June 3, 2009, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the address(es) indicated below: See following page. Service information continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On June 3, 2009, I served the following person(s) and/or entity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. See following page. Service information continued on attached page III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on, I served the following person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by facsimile transmission and/or as follows. Listing the judge here constitutes a declaration that personal delivery on the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 06/03/2009 Melissa Altamirano /s/ Melissa Altamirano Date Type Name Signature This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F v1

5 In re: Fremont General Corp., Debtor(s). CASE NUMBER 8:08-bk ES SERVICE BY THE COURT VIA NOTICE OF ELECTRONIC FILING ( NEF ) Kristen N Beall Dustin P Branch Frank Cadigan Kristopher Davis kbeall@pattonboggs.com, bmcilwain@pattonboggs.com dustin.branch@kattenlaw.com frank.cadigan@usdoj.gov ksdavis@ebglaw.com Jesse S Finlayson Jean M. Healey jfinlayson@faw-law.com, wmills@faw-law.com jean.healey@state.ma.us Matthew Heyn Whitman L Holt Mark D Houle Michelle Hribar Lewis R Landau Kerri A Lyman mheyn@ktbslaw.com wholt@stutman.com mark.houle@pillsburylaw.com mhribar@rutan.com lew@landaunet.com klyman@irell.com Robert S Marticello Rmarticello@wgllp.com Neeta Menon Sarah D Moyed David L Osias Jonathan Petrus David M Poitras nmenon@stutman.com moyeds@sec.gov bcrfilings@allenmatkins.com, dosias@allenmatkins.com jpetrus@ktbslaw.com dpoitras@jmbm.com Michael B Reynolds Jonathon Shenson mreynolds@swlaw.com, kcollins@swlaw.com jshenson@ktbslaw.com Evan D Smiley Philip E Strok Samuel J Teele esmiley@wgllp.com pstrok@wgllp.com steele@lowenstein.com United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov Alan Z Yudkowsky ayudkowsky@stroock.com Scott H Yun syun@stutman.com This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F v1

6 In re: Fremont General Corp., Debtor(s). CASE NUMBER 8:08-bk ES SERVICE BY U.S. MAIL The Honorable Erithe Smith USBC - Central District of California Ronald Reagan Federal Building and United States Courthouse 411 West Fourth Street, Ste Santa Ana, CA United States Trustee 411 West Fourth Street, Suite 9041 Santa Ana, CA Attys for the Official Committee of Equity Security Holders Weiland, Golden, et al. Attn: Evan D. Smiley, Esq. 650 Town Center Drive, Suite 950 Costa Mesa, CA George T. Caplan Epstein Becker & Green P.C Century Park East, Suite 500 Los Angeles, CA Thomas J. Welsh, Esq. Orrick, Herrington & Sutcliffe LLP 400 Capitol Mall, Suite 3000 Sacramento, CA Fremont General Corporation 2727 East Imperial Highway Brea, CA Attn: General Counsel Fremont Reorganizing Corporation (f/k/a Fremont Investment & Loan) 2727 East Imperial Highway Brea, CA Attn: General Counsel Attys for Official Committee of Unsecured Creditors Klee, Tuchin, Bogdanoff & Stern LLP Attn: Lee R. Bogdanoff, Esq Avenue of the Stars, 39th Floor Los Angeles, CA Scott Pearce Senior VP & Estate Trust Officer Conservation & Liquidation Office 425 Market Street, 23 rd Floor San Francisco, CA Lisa Chao, Esq. Deputy Attorney General California Department of Justice 300 South Spring Street, Room 1702 Los Angeles, CA SERVICE BY OVERNIGHT MAIL This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F v1