In re:

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE
Chapter 11
(Jointly Administered)
ALLIED SYSTEMS HOLDINGS, INC., et a/.,
1
Case No. 12-11564 (CSS)
Debtors.
Hearing Date: September 28,2012@ 11:00 a.m. ET
Objection Deadline: September 21, 2012@ 4:00p.m. ET
MOTION OF NORMAN FREDRICK WESSELS, JOYCE ELAINE WESSELS, AND
GLADYS WALKER FOR RELIEF FROM THE AUTOMATIC STAY
TO PURSUE PERSONAL INJURY CLAIMS
Norman Fredrick Wessels ("Mr. Wessels"), Joyce Elaine Wessels ("Mrs. Wessels"), and
Gladys Ann Walker ("Mrs. Walker" and, together with Mr. Wessels and Mrs. Wessels, the "PI
Claimants") hereby move (the "Motion") for relief from the automatic stay pursuant to Section
362(d) of the Bankruptcy Code to pursue personal injury claims against the above-captioned
debtors (the "Debtors") and, in support thereof, state as follows:
JURISDICTION
1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. 157 and
1334. Venue is proper pursuant to 28 U.S.C. 1408 and 1409.
2. This is a core proceeding pursuant to 28 U.S.C. 157(b).
3. The bases for the relief requested herein are 11 U.S.C. 362(d) and Rules
4001(a)(1), 4001(a)(3) and 9014 of the Federal Rules of Bankruptcy Procedure.
1
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
(87568228); 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).
5569358/2
BACKGROUND
4. On or about October 7, 2010, at approximately 4:28p.m., Mr. and Mrs. Wessels,
along with Herman Herbert Walker ("Mr. Walker") and Mrs. Walker, were fourth in a line of six
vehicles stopped in a construction zone on Iowa Highway 75 facing north, in the County of
Plymouth, State of Iowa. Mr. Wessels had halted his vehicle - a 2001 Cadillac, Minnesota
license plate UDU124 - in order to await a pilot car to escort them through the construction
zone. Mrs. Wessels, Mr. Walker, and Mrs. Walker were passengers in Mr. Wessels' car.
5. At the same approximate time and place, David Allen Anderson ("Defendant
Anderson") was driving a 2007 Sterling Acterra Semi, Georgia license plate IC56Y7 (the "Semi
Truck"), in a northern direction on Iowa Highway 75, in the County of Plymouth, State of Iowa.
Defendant Anderson failed to observe the vehicles stopped at the construction zone, failed to
stop a clear distance away from the vehicles, and drove into the sixth and final stopped vehicle,
causing a chain reaction of vehicle collisions which injured nine (9) individuals, including each
of the PI Claimants (this event is hereafter referred to as the "Collision"). A redacted copy of the
police report detailing the Collision (the "Police Report") is attached hereto as Exhibit A.
6. Upon information and belief, debtor Allied Systems, Ltd. ("Allied Ltd.") owned
the Semi Truck at the time of the Collision. See Exhibit A. Specifically, on the second page of
the Police Report, which is labeled "Page 1," in the description of Unit 001, the Police Report
identifies Defendant Anderson as the driver of the Semi Truck, and identifies "Allied Systems
Ltd." as the owner of the Semi Truck.
7. Mr. Wessels' vehicle was totaled in and as a result of the Collision, and Mr.
Wessels suffered injuries to his right shoulder, which required surgery, in addition to further
injuries which required and continue to require Mr. Wessels to incur the expenses of hospitals,
5569358/2
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doctors, and/or other medical care providers.
8. As a result of the Collision, Mrs. Wessels suffered knee injuries, required surgery
for her right knee, and suffered further injuries which required and continue to require her to
incur the expenses of hospitals, doctors, and/or other medical care providers.
9. Mrs. Walker suffered back pain, neck pain, and chest pain due to the Collision
which required and continue to require her to incur the expenses of hospitals, doctors, and/or
other medical care providers.
10. Upon information and belief, at the time of the Collision, the Debtors had
insurance policies in place which provided coverage for the injuries and damage suffered by the
PI Claimants as a result of the Collision. Indeed, the insurance company and policy number on
the insurance policy provided by the Debtors matches the insurance company and policy number
provided for the Semi Truck in the Police Report. A copy of the cover page of the insurance
policy provided by the Debtors is attached hereto as Exhibit B. Debtor Allied Systems Holdings,
Inc. ("Allied Holding") is listed as the named insured on the insurance policy.
11. On or about August 4, 2011, Mr. Wessels filed a Petition At Law in the Iowa
District Court In and For Plymouth County (the "Iowa Court") against Defendant Anderson and
Allied Ltd. A few months thereafter, on or about October 25, 2011, Mrs. Wessels filed a Petition
At Law in the Iowa Court. A copy of the Petitions At Law filed by Mr. and Mrs. Wessels are
attached hereto as Exhibit C.
12. The Iowa Court entered an order on February 10, 2012, consolidating Mr. and
Mrs. Wessels' cases under case number LACV033545 (the "Iowa Court Action").
13. Mrs. Walker has not yet filed a Petition At Law in the Iowa Court and is currently
unable to proceed to recover for her injuries as a result of the Debtors' bankruptcy proceedings.
5569358/2
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14. On May 17, 2012, involuntary petitions were filed against Allied Holding and
Allied Ltd. in the United States Bankruptcy Court for the District of Delaware. On June 10,
2012 (the "Petition Date"), certain affiliates of Allied Holding and Allied Ltd. filed voluntary
petitions for relief under chapter 11 of the Bankruptcy Code. An order directing joint
administration of the Debtors' cases under case number 12-11564 (CSS) was entered on June 11,
2012 [Docket No. 89].
15. By operation of law, the Iowa Court Action has been stayed as to the Debtors as a
result of the bankruptcy proceedings.
RELIEF REQUESTED
16. By this Motion, the PI Claimants seek relief from the automatic stay to pursue
personal injury claims (the "PI Claims") against the Debtors to recover from the Debtors,
including proceeds from any applicable insurance policy(ies), and any other potentially
responsible third parties, including Defendant Anderson, in a non-bankruptcy forum of
competent jurisdiction.
BASIS FOR RELIEF REQUESTED
17. Pursuant to Section 362(d) of the Bankruptcy Code, the Court shall grant relief
from the automatic stay for "cause." The term "cause" is not defined, "leaving courts to consider
what constitutes cause based on the totality of the circumstances in each particular case."
Balding v. Wilson (In re Wilson), 116 F.3d 87, 90 (3d Cir. 1997) (citations omitted).
18. Courts do not apply a rigid test to determine whether cause exists to grant relief
from the automatic stay. Instead, courts generally consider three factors: (1) the prejudice
suffered by the debtor and the debtor's estate if the stay is lifted; (2) the balancing of hardship to
the parties; and (3) the likelihood of success on the merits if the stay is lifted. In re Continental
5569358/2
- 4-
Airlines, Inc., 152 B.R. 420, 424 (D. Del. 1993). Here, the facts and circumstances warrant relief
from the automatic stay.
19. First and foremost, the Debtors' estates will not be prejudiced by lifting the
automatic stay. In Continental Airlines, the Court stated that "[ w ]here neither prejudice to the
bankruptcy estate nor interference with the bankruptcy proceeding is demonstrated, the desire of
a stayed party to proceed in another forum is sufficient cause to warrant lifting the automatic
stay." 152 B.R. at 426 (quoting Hohol v. Essex Indus., Inc. (In re Hohol), 141 B.R. 293, 298
(M.D. Pa. 1992)). As an initial matter, the PI Claims could not be liquidated in the Bankruptcy
Court. See 28 U.S.C. 157(b)(5). Accordingly, this matter needs to be adjudicated by another
court irrespective of whether the stay is lifted. Moreover, as indicated supra, the PI Claimants
believe that the Debtors had insurance at the time of the Collision which will cover any recovery
the PI Claimants receives up to the limits of such policy(ies), less any applicable deductible.
20. In contrast to the absence of hardship to the Debtors, denying this motion to lift
the automatic stay to liquidate the PI Claims against the Debtors and seek recovery from
applicable insurance policies would severely prejudice the PI Claimants. In the event the stay is
not lifted, the PI Claimants may be negatively affected by any delay insofar as the parties' and
witnesses' memories will fade, handicapping the PI Claimants' efforts to obtain accurate and
complete discovery in pursuit of the PI Claims. Moreover, the PI Claimants will have no means
to liquidate the PI Claims, including seeking reimbursement of the medical bills paid to date and
lost wages suffered as a result of the Collision.
21. With respect to the third prong of the test- movant's likelihood of success on the
merits - courts have found that the required showing is ''very slight." See, M.,_, Izzarelli v.
Rexene Prods. Co. (Matter of Rexene Prods. Co.), 141 B.R. 574, 578 (Bankr. D. Del. 1992)
5569358/2
- 5-
(citing Peterson v. Cundy (In re Peterson), 116 B.R. 247, 250 (D. Colo. 1990) (foregoing merits
analysis entirely in a relief from stay motion merely to liquidate claim)). Further, courts have
found that "[ o ]nly strong defenses to state court proceedings can prevent a bankruptcy court from
granting relief from the stay in cases where, as here, we believe that the decision-making process
should be relegated to bodies other than this court." Rexene, 141 B.R. at 578 (quoting Fonseca
v. Philadelphia Housing Auth. (In re Fonseca), 110 B.R. 191, 196 (Bankr. E.D. Pa. 1990)). As
evidenced by the Police Report attached hereto, the PI Claimants were seated in a stopped
vehicle which was struck in a chain reaction caused by Defendant Anderson's failure to stop
prior to reaching the line of stopped vehicles. The owner of the Semi Truck driven by Defendant
Anderson was identified in the Police Report as Allied Ltd. Given that the PI Claimants' injuries
are the direct and proximate result of the negligence of the Debtors' employee or agent, the PI
Claimants meet the low threshold of proving the likelihood of success on the merits.
[The remainder of this page has intentionally been left blank.]
5569358/2
- 6 -
CONCLUSION
WHEREFORE, the PI Claimants respectfully request that this Court enter an Order in the
form attached hereto (i) granting the PI Claimants' Motion for relief from the automatic stay to
liquidate the PI Claims against the Debtors and any other potentially responsible parties in a non-
bankruptcy forum of competent jurisdiction and, if successful, to recover from the Debtors and
any applicable insurance coverage, (ii) waiving the stay of the order provided under Fed. R.
Bankr. P. 4001(a)(3), and (iii) granting to the PI Claimants such other and further relief as this
Court may deem just and proper.
Dated: September 11, 2012
5569358/2
- 7 -
Eric . Monzo (DE Bar No. 5214)
Courtney R. Hamilton (DE Bar. No. 5432)
500 Delaware A venue, Suite 1500
Wilmington, Delaware 19801
Telephone: (302) 888-6800
Facsimile: (302) 571-1750
E-mail: emonzo@morrisjames.com
chamilton@morrisjames.com
Counsel for Norman Fredrick Wessels,
Joyce Elaine Wessels, and Gladys Ann
Walker
Inre:
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
Chapter 11
(Jointly Administered)
ALLIED SYSTEMS HOLDINGS, INC., et al.,
1
Case No. 12-11564 (CSS)
Debtors.
Hearing Date: September 28, 2012@ 11:00 a.m. ET
Objection Deadline: September 21, 2012@ 4:00p.m. ET
NOTICE OF MOTION
TO: See attached service list
The undersigned counsel filed the Motion of Norman Fredrick Wessels, Joyce Elaine
Wessels, and Gladys Ann Walker for Relief From the Automatic Stay to Pursue Personal
Injury Claims (the "Motion") in the above-captioned matter.
A HEARING ON THE MOTION WILL BE HELD ON September 28, 2012 at 11:00
a.m. prevailing Eastern Time before the Honorable Christopher S. Sontchi in the United States
Bankruptcy Court for the District of Delaware, 824 N. Market Street, 5th Floor, Courtroom #6,
Wilmington, Delaware 19801 (the "Court").
You are required to file a response (and the supporting documentation required by Local
Rule 4001-l(d)) to the attached Motion on or before September 21, 2012 at 4:00 p.m.
prevailing Eastern Time (the "Objection Deadline").
At the same time, you must also serve a copy of the response upon the undersigned
counsel on or before the Objection Deadline.
The hearing date specified above may be a preliminary hearing or may be consolidated
with the final hearing, as determined by the Court.
The attorneys for the parties shall confer with respect to the issues raised by the Motion
in advance for the purpose of determining whether a consent judgment may be entered and/or for
1
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
(87568228); 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).
5569358/2
the purpose of stipulating to relevant facts such as value of the property, and the extent and
validity of any security instrument.
Dated: September 11, 2012
5569358/2
- 2-
Eric J. Mo o (DE Bar No. 5214)
Courtney R. Hamilton (DE Bar. No. 5432)
500 Delaware A venue, Suite 1500
Wilmington, Delaware 19801
Telephone: (302) 888-6800
Facsimile: (302) 571-1750
E-mail: emonzo@morrisjames.com
chamilton@morrisjames.com
Counsel for Norman Fredrick Wessels,
Joyce Elaine Wessels, and Gladys Ann
Walker
POUC REPORT
Plymouth County Sheriff
Call#: 2010002728 Agency: SO
Type: 10SOPI -10-50 PI
C8Uer. DOB:
Address:
STRUBLE 712-540-1363
Call-to:
Landmark: 712-540-1363
Loc#: 04
Grid#: BARTOL
Dist#: Alarm: How Reeved: Mutual Aid: N
Unit Disp Arrv Clrd Dass Serv Officer
!!_ State _PI_at_e _# -- Tp Yr _M_ake ___ Model _Sty-=-l_e __ _
J lA 464CRE PC 00 PONT GRAND PRIX 4D
2 lA 316KCN PC 01 CHEVY IMPALA 4D
3IA 613CQV PC 00 DODGE INTREPID 40
4 GA U13781 TR 07 DELAVAN TL
5 lA SE3860 S 06 PETERBR. T TR
6 lA 140WZF PC 97 BUICK LE SABRE 40
7 lA 3S4FIR TK 01 CHEVY SILVERADO PK
8 MN UDU124
9 GA IC56Y7
Narrative:
PC 01 CADI
TR 07 STERLING
DEVILLE 40
Colors
WHI
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wm
WHI
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Incident#: S010002573
Date: 10/07/10
Time Rcvd: 16:28
Time Disp: 00:00
Time Arrv: 00:00
Time Clrd: 00:00
CallDispo:
Prim Off#: 7502
#Units Assign: 0
Wrecker
RETIRED ISP 382 CALLED 911 AND ADVISED OF A MULTIPLE 10-50 PI AT TilE ABOVE LOCATION
1069T07504
SIOUX CENTER, ORANGE CITY, MAURICE AMBULANCE AND RESCUE ASSISTED ALONG Wim LEMARS FIRE
AND AMBULANCE
7501 7502 7503 7504 1505 7506 WERE ALL ON SCENE

TEMP 77F
DEW 30
WINDS SWAT 8 MPH
CLEARSKYS
27/679YY5072 MELLEMA,LEEBRYANT OOB/1987.08-o6
27/A-536-135-051-303 DAVID ALLEN ANDERSON DOJ3 04/19/1966
..
MARS
5103
MAIL REPORTS TO: ~ ~
lows Oepertmenl al Transpartallan :..0..:
Office al Orlver Services "'0"'
P.O. Box 9204 . ~
Oes Moines. Iowa 5030&-9204 ....._.,.
or MCII
Iowa Department of Transportation
INVESTIGATING OFFICERS REPORT
OF MOTOR VEHICLE ACCIDENT
Printed At: Plymouth County Sheriffs Off 1011312010 09:22AM Page1 Form #:.5010002573
Printed At: Plymouth County Shariff's Off 10/13/2010 09:22 AM Paga2
Form#: 5010002673
or MC# Gross Vehide
Weight Rating
Printed At: Plymouth County Sheriffs Off 1011312010 09:22AM Paga3
CilaliOn Charge 2
Cilalicn Charge 3
Form#: 5010002573
NON-MOTORIST
Printed At: Plymouth County Sheriffs Off 1011312010 09:22AM Page4
1 Trapped 1
Unit No. ol
Vehlde Slriklng
Unit No. ol
Vehlde Slriking
Form 1#: 5010002573
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CHRISTINE
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Unit No. of
Vehlde Striking
VEHICLE'S NUMBER 2 THROUGH 7 WHERE STOPPED IN A CONSTRUCTION ZONE WAITING FOR THE PILOT
ESCORT THEM THRU THE ZONE. VEHICLE #1 WAS NORTH BOUND N HIGHWAY #75 AND FAILED TO SEE THE <>T''
0
"'"'n
1
VEHICLES STRIKING VEHICLE #2 CAUSING A CHAIN REACTION. THIS COLLISOIN TOOK PLACE IN A CONSTRUCTION
ZONE
Printed At: Plymouth County Sheriffs Off 10113/2010 011:22 AM PageS
Form #: 5010002573
EXHIBITS
Policy No. CA 094-92-79
Renewal of No. NEW
CHAR
Coverage is provided by
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
(a capital stock company)
175 Water Street, New York, NY 10038
(212) 458-5000
TRUCKERS DECLARATIONS
ITEM ONE Named Insured & Mailing Address
ALLIED SYSTEMS .HOLDINGS, INC.
2302 PARKLAKE DRIVE STE 600
ATLANTA, GA 30345
Producer's Name. & Mailing Address
LOCKTON COMPANIES, LlC
444 W. 47TH STREET
SUITE 900
KANSAS CITY, MO 64112
FORM OF BUSINESS:
[]I CORPORATION 0 PARTNERSHIP 0 LIMITED LIABILITY COMPANY 0 INDIVIDUAL 0 OTHER
POLICY PERIOD: From 01/01/2010 to 01/01/2011 at 12:01 A.M. Standard Time at.yourmail!ng address shown above.
IN RETURN FOR lliE PAYMENT OF lliE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY. WE AGREE WITH YOU TO PROVIDE
lliE INSURANCE AS STATED IN THIS POUCY.
POLICY PREMIUMS: $
1 '331 ,515
Premium for Terrorism Coverage:
Not Applicable, Coverage Rejected By Insured
SCHEDULE OF STATE TAXES, FEES AND SURCHARGES, IF APPLiCABLE:*
Florida HCF*** $1.00
New York $2,100.00
Texas . $69.00
*State Taxes, Fees and Surcharges shown are in addition to the above referenced Policy Premium.
F 1 or ida HCF**1! F 1 or ida Hurricane Catastrophe Fund Surcharge
ENDORSEMENTS ATTACHED TO THIS POLICY:
IL QO 17 Common Polley Conditions C1L 01" 46 In Washington)
IL 00 21 Broad Form Nuclear Exclusion (Not Applicable in New Yorld
SEE ATTACHED FORMS SCHEDULE
THESE DECLARATIONS AND lliE COMMON POUCV DECLARATIONS, IF APPUCABLE, TOGETHER WITH THE COMMON POUCY
CONDITIONS, COVERAGE FORMS, AND FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE
ABOVE NUMBERED POLICY
46171 0306 . Date Issued: 0 3/29/20 10
CA OS 14 03 06 Includes copyrighted material of Insurance Services Office,lnc., with its permission. ISO Inc., 2005 Page 1 of 5
XHIBITC
PETITIONS AT L A ~ IN TH IO\\fA COURT
ACTION
Fl FCTB.QNI.CALL Y FILED
IN THE IOWA DISTRICT COURT IN AND FOR
1
:os
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VMOUTH
* Law No.
JOYCE ELAINE WESSELS, *
*
Plaintiff, *
*
vs. * PETITION AT LAW
*
DAVID ALLEN ANDERSON and *
ALLIED SYSTEMS, LTD., *
*
Defendants. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JURISDICTIONAL ALLEGATIONS
1. That at all times material hereto, Plaintiff Joyce Elaine Wessels was a resident of Rock
County, Minnesota, with an address of 106 South Oakley Street, Luverne, Minnesota 56156.
2. That at all times material hereto, Defendant David Allen Anderson was a resident of St.
Clair County, Michigan, with an address of 8520 Brown Road, Yale, Michigan 48097.
3. That at all times material hereto, Defendant Allied Systems, Inc., was a limited partnership
governed under the laws of the state of Georgia, with an address of 25 Southside Industrial
Parkway South, Atlanta, Georgia 30354.
4. That this cause of action arises out of general negligence, and statutory violation,
occurring on Iowa Highway 75. Further, that the accident location was in the County of Plymouth,
State of Iowa.
5. That this cause of action meets the applicable jurisdictional requirements as to the
amount in controversy.
FACTUAL ALLEGATIONS
6. That on or about October 7, 2010, at approximately 4:28 p.m., Plaintiff Joyce Elaine
Wessels was a passenger in a 2001 Cadillac, Minnesota license plate UDU124, driven by her
husband Norman Fredrick Wessels, which was stopped due to road construction on Iowa Highway
75 facing north, in the County of Plymouth, State of Iowa. Plaintiff's vehicle was fourth in a line of
six vehicles stopped in a construction zone waiting for a pilot car to escort them through the
construction zone.
7. That at the same approximate time and place, Defendant David Allen Anderson was
driving his 2007 Sterling Acctera Semi, Georgia license plate IC56Y7, in a northern direction on
Iowa Highway 75, in the County of Plymouth, State of Iowa. That Defendant Anderson failed to
observe the vehicles stopped at the construction zone, failed to stop a clear distance away from
said vehicles, and drove into the sixth and final stopped vehicle causing a chain reaction of vehicle
collisions which injured nine (9) individuals, including Plaintiff Joyce Elaine Wessels. That
Defendant Allied Systems, Ltd. is vicariously liable under Iowa law for the actions of Defendant
Anderson as the owner of the 2007 Sterling Acctera Semi.
8. That as a direct and proximate result of the negligence of te Defendants, the Plaintiff
was injured in body and mind so that she has, in the past, and will, in the future, suffer great bodily
injury, mental pain and anguish.
9. That as a further direct and proximate result of the negligence of the Defendants, the
Plaintiff has, in the past, and will, in the future, be forced to incur the expenses of doctors, hospitals
and other related medical expenses in endeavoring to treat and cure herself of said injuries.
WHEREFORE, Plaintiff Joyce Elaine Wessels prays for judgment against Defendant David
Allen Anderson and Defendant Allied Systems, Ltd. in a fair and reasonable amount together with
interest thereon as provided by law, plus the costs of this action.
Is/ James E. Malters
JAMES E. MAL TERS #AT0004927
For: MAL TERS, SHEPHERD & VON HOL TUM
Attorneys for Plaintiff
727 Oxford Street - P. 0. Box 517
Worthington, MN 56187-0517
(507) 376-4166
jmalters@msvlawoffice.com
JOHN SANDY
For: SANDY LAW FIRM, P.C.
304 - 18th Street - P. 0. Box 445
Spirit Lake, lA 51360-0445
(712) 336-5588
2
IN THE IOWA DISTRICT COURT IN AND FOR Y FILED
2011 Aug 04 PM 3:23

. CLt:.KK OF COURT-PLYMOUTH
* Law No. _______ _
NORMAN FREDRICK WESSELS,
*
*
Plaintiff,
*
*
vs.
*
PETITION AT LAW
*
DAVID ALLEN ANDERSON and
*
ALLIED SYSTEMS, L TO.,
*
*
Defendants.
*
*
***************************************************************
JURISDICTIONAL ALLEGATIONS
1. That at all times material hereto, Plaintiff Norman Fredrick Wessels was a resident of
Rock County, Minnesota, with an address of 106 South Oakley Street, Luverne, Minnesota 56156.
2. That at all times material hereto, Defendant David Allen Anderson was a resident of St.
Clair County, Michigan, with an address of 8520 Brown Road, Yale, Michigan 48097.
3. That at all times material hereto, Defendant Allied Systems, Inc., was a limited partnership
governed under the laws of the state of Georgia, with an address of 25 Southside Industrial
Parkway South, Atlanta, Georgia 30354.
4. That this cause of action arises out of general negligence, and statutory violation,
occurring on Iowa Highway 75. Further, that the accident location was in the County of Plymouth,
State of Iowa.
5. That this cause of action meets the applicable jurisdictional requirements as to the
amount in controversy.
FACTUAL ALLEGATIONS
6. That on or about October 7, 2010, at approximately 4:28p.m., Plaintiff Norman Fredrick
Wessels was stopped due to road construction in his 2001 Cadillac, Minnesota license plate
UDU124, on Iowa Highway 75 facing north, in the County of Plymouth, State of Iowa. Plaintiff's
vehicle was fourth in a line of six vehicles stopped in a construction zone waiting for a pilot car to
escort them through the construction zone.
7. That at the same approximate time and place, Defendant David Allen Anderson was
driving his 2007 Sterling Acctera Semi, Georgia license plate IC56Y7, in a northern direction on
Iowa Highway 75, in the County of Plymouth, State of Iowa. That Defendant Anderson failed to
observe the vehicles stopped at the construction zone, failed to stop a clear distance away from
said vehicles, and drove into the sixth and final stopped vehicle causing a chain reaction of vehicle
collisions which injured nine (9) individuals, including Plaintiff Norman Fredrick Wessels. That
Defendant Allied Systems, Ltd. is vicariously liable under Iowa law for the actions of Defendant
Anderson as the owner of the 2007 Sterling Acctera Semi.
8. That as a direct and proximate result of the negligence of te Defendants, the Plaintiff
was injured in body and mind so that he has, in the past, and will, in the future, suffer great bodily
injury, mental pain and anguish.
9. That as a further direct and proximate result of the negligence of the Defendants, the
Plaintiff has, in the past, and will, in the future, be forced to incur the expenses of doctors, hospitals
and other related medical expenses in endeavoring to treat and cure himself of said injuries.
10. That as a further direct and proximate result of the negligence of the Defendants, the
Plaintiff's vehicle was totaled.
WHEREFORE, Plaintiff Norman Fredrick Wessels prays for judgment against Defendant
David Allen Anderson and Defendant Allied Systems, Ltd. in a fair and reasonable amount together
ttnS action.
S E. MAL TERS #A T0004927
For: ERS, SHEPHERD & VON HOL TUM
Att neys for Plaintiff
727 Oxford Street- P.O. Box 517
Worthington, MN 56187-0517
(507) 376-4166
i malters@msvlawoffice. com gsimonich@msvlawoffice.com
aschutte@msvlawoffice.com
JOHN SANDY
For: SANDY LAW FIRM, P.C.
304- 18th Street- P.O. Box 445
Spirit Lake, lA 51360-0445
(712) 336-5588
2
In re:
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
Chapter 11
(Jointly Administered)
ALLIED SYSTEMS HOLDINGS, INC., et al.,
1
Case No. 12-11564 (CSS)
Debtors.
RE: Docket No.
ORDER GRANTING MOTION OF NORMAN FREDRICK WESSELS,
JOYCE ELAINE WESSELS, AND GLADYS ANN WALKER FOR
RELIEF FROM THE AUTOMATIC STAY TO PURSUE PERSONAL INJURY CLAIMS
Upon consideration of the motion of Norman Fredrick Wessels, Joyce Elaine Wessels,
and Gladys Ann Walker (together, the "PI Claimants") for relief from the automatic stay to
pursue personal injury claims (the "Motion");
2
the Court having reviewed the Motion and the
responses thereto, if any; the Court having found that adequate notice of the Motion having been
given; and after due deliberation and sufficient cause appearing therefore, it is hereby:
ORDERED, that the Motion is granted; and it is further
ORDERED, that the PI Claimants are granted relief from the automatic stay in order to
proceed in all respects with the adjudication or settlement of the PI Claims, including collection
on any judgment entered therein or any settlement proceeds resolving the PI Claims; and it is
further
1
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
(87568228); 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).
2
Capitalized terms used but not defmed herein shall have the meanings ascribed to such terms in the Motion.
5569358/2
ORDERED that the fourteen (14) day stay of this Order prescribed by Fed. R. Bankr. P.
4001(a)(3) is waived, and this Order is effective and enforceable immediately upon entry; and it
is further
ORDERED, that the PI Claimants may pursue the Debtors and any potentially
responsible third parties for any claims arising out of or related to the Collision.; and it is further
ORDERED, that this Court shall retain jurisdiction to adjudicate any disputes arising
under or with respect to any other matters related to the implementation of this Order.
Dated: , 2012
----------------
5569358/2
- 2-
The Honorable Christopher S. Sontchi
United States Bankruptcy Judge
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re:
Chapter 11
ALLIED SYSTEMS HOLDINGS, INC., et al.,
Case No. 12-11564 (CSS)
Debtors.
AFFIDAVIT OF .JAMIE L. DAWSON, PARALEGAL
STATE OF DELAWARE
SS:
NEW CASTLE COUNTY
I, 1 amie L. Dawson, certify that I am, and at all times during the service, have been an
employee of Morris James LLP, not less than 18 years of age and not a party to the matter
concerning which service was made. I certify further that on September 11, 2012 I caused to be
served:
MOTION OF NORMAN FREDRICK WESSELS, .JOYCE ELAINE WESSELS, AND
GLADYS WALKER FOR RELIEF FROM THE AUTOMATIC STAY
TO PURSUE PERSONAL INJURY CLAIMS
Service was completed upon the parties listed on the attached service list via hand
delivery for local parties and first class mail, postage prepaid, for all other parties unless
otherwise indicated.
Date: September 11, 2012
~ ~
1 amie L. Dawson
SWORN AND SUBSCRIBED before me this 11th day of September, 2012.
5705627/1
Allied Systems Holdings, Inc.
Case No. 12-11564 (CSS)
2002 Service List
Avenue Capital Group
Attn: Heather Kaiser
535 Madison Ave, 15th Floor
New York, NY 10022
Bank of America
Attn: Kathleen Ross
SVP, Senior Client Manager
135 South Lasalle Street
Chicago, IL 60603
Blackrock
fka R3capital
Attn: Carly Wilson
55 East 52nd Street
New York, NY 10055
5701756/
Alcentral, Inc.
Attn: Legal Department
10877 Willshire Blvd Suite 1550
Los Angeles, CA 90024
AVL Loan Funding, Inc.
Attn: Terry Conner-Graham
540 West Madison Street, Suite 1900-3N
Chicago, IL 60661
Black Diamond Capital Management LLC
Attn: Richard Ehrlich
1 Sound Shore Drive, Suite 200
Greenwich, CT 06830
BNSF Railway Company
Attn: Rachel Belue
2400 Western Center Blvd
Fort Worth, TX 76131
Cedarview Capital Management LP
Attn: Irving Bodner
One Penn Plaza, 45th Floor
New York, NY 10119
Central Pennsylvania Teamsters Pension Fund
c/o Stevens & Lee, P.C.
Attn: Maria Aprile Sawczuk
1105 North Market Street, 7th Floor
Wilmington, DE 19801
Linebarger Goggan Blair & Simpson, LLP
Attn: Elizabeth Weller
2323 Bryan Street, Suite 1600
Dallas, TX 75201
City of Memphis, Ellis County, Tarrant County, Northwest lSD and
Dallas County
Delaware Secretary of State
Division of Corporations Franchise Tax Division
P.O. Box 898
Dover, DE 19903
5701756/
Central Pennsylvania Teamsters Pension Fund
c/o Stevens & Lee, P.C.
Attn: Frank Sabatino/John Kilgannon
1818 Market St., 29th Floor
Philadelphia, PA 19103
Central States Pension Fund
Attn: Robert A. Coco, Brad. R. Berliner
Central States Law Dept.
9377 West Higgins Road
Rosemont, IL 60018
Credit-Suisse
Attn: Michael Chaisanguanthum, Jill Guerrido, James Potesky,
Michelle Wagner
1 Madison Avenue, 9
1
h Floor
New York, NY 10010
Delaware State Treasury
Attn: Chip Flowers
820 Silver Lake Blvd., Suite 100
Dover, DE 19904
Division of Unemployment Ins.
Department of Labor
4425 N. Market Street
Wilmington, DE 19802
Durham Asset Management LLC
Attn: Legal Department
680 Fifth Avenue, 22nd Floor
New York, NY 10019
Florida Self-Insurers Guaranty Assoc. Inc.
cjo Williams Gautier Gwynn DeLoach & Sorenson, P.A.
Attn: James E. Sorenson
P.O. Box 4128
Tallahassee, FL 32315
Ford Motor Company
cjo Miller Canfield
Attn: Stephen S. LaPlante, Esq.
150 West Jefferson, Suite 2500
Detroit, MI 48226
5701756/
Drum Special Situation Partners III LP
Attn: Joseph Russick
107 Elm Street, lOth Floor
Stamford, CT 06902
Fidelity National Bank
Attn: Herb McCoy
Decatur Branch Manager
160 ClairemontAve
Decatur, GA 30030
Ford Motor Company
cjo Miller Canfield
Attn: Jose J. Bartolomei
101 N. Main Street, 7th Floor
Ann Arbor, MI 48104
Ford Motor Company
cjo Connolly Bove Lodge & Hutz LLP
Attn: Karen C. Bifferato
The Nemours Building
1007 North Orange Street
Wilmington, DE 19801
Freight Drivers and Helpers Local
Union No. 557 Pension Fund
c/o Abato, Rubenstein and Abato, P.A.
Attn: Corey Bott and Meghan Marek
809 Gleneagles Court, Suite 320
Baltimore, MD 21286
GSO Capital
Attn: Legal Department
345 Park Avenue, 34th Floor
New York, NY 10154
International Business Machines Corp.
c/o Satterlee Stephens Burke & Burke LLP
Attn: Christopher R. Belmonte and Pamela A. Bosswick
230 Park Avenue, Suite 1130
New York, NY 10169
Iron Mountain Information Mgmt Inc.
Attn: Joseph Corrigan
745 Atlantic Avenue, lOth Floor
Boston, MA 02111
5701756/
General Motors LLC
c/o Honigman Miller Schwartz and Cohn LLP
Attn: Daniel W. Linna, Jr.
2290 First National Building
660 Woodward Avenue, Suite 2290
Detroit, Ml 48226
Internal Revenue Service
P.O. Box 7346
Philadelphia, PA 19101
International Business Machines Corp.
Attn: Marie-Josee Dube
1360 Rene Levesque W., Suite 400
Montreal, QC H3G
Canada
[VIA International First Class Mail]
JP Morgan Chase
Attn: Jessica Strange, Client Service Officer
10410 Highland Manor Drive
Floor 3, FL-3317
Tampa, FL 33610
Landis Roth & Cobb LLP
Attn: Adam G. Landis and Kerri K. Mumford
919 Market Street, Suite 1800
Wilmington, DE 19801
Latham & Watkins LLP
Attn: Robert A. Klyman, Glen B. Collyer, Gregory 0. Lunt
355 South Grand Avenue
Los Angeles, CA 90071
Mayer Brown LLP
Attn: Craig E. Reimer
71 South Wacker Drive
Chicago, IL 60606
Missouri Department of Revenue
Bankruptcy Unit
Attn: Steven A. Ginther
P.O. Box 475
Jefferson City, MO 65105
5701756/
Latham & Watkins
Attn: Sara E. Barr
233 South Wacker Drive, Suite 5800
Chicago, IL 60606
Latham & Watkins LLP
Attn: Melinda C. Franek
855 Third Avenue
New York, NY 10022
McDonnell Investment Management LLC
Attn: Christian Champ and Kathleen Zarn
1515 W. 22"d Street, 1ih Floor
Oak Brooks, IL 60523
MJX Asset Management
Attn: Fred Taylor
12 East 49th Street, 29th Floor
New York, NY 10017
Monarch Alternative Capital LP
Attn: Patrick Bartels
535 Madison Avenue
New York, NY 10022
New York City Economic Development Corporation
c/o Michael A. Cardozo
Corporation Counsel of the City of New York
100 Church Street
New York, NY 10007
Office of Unemployment Compensation Tax Services
Department of Labor and Industry
Commonwealth of Pennsylvania
Attn: Joseph Kots
625 Cherry Street, Room 203
Reading, PA 19602
Palacios lSD, Jackson County & Harris County
c/o Linebarger Goggan Blair & Sampson, LLP
Attn: John P. Dillman
P.O. Box 3064
Houston, TX 77253
5701756/
New England Teamsters & Trucking Pension Fund
c/o Feinberg, Campbell & Zack, P.C.
Attn: Catherine M. Campbell
177 Milk Street, Suite 300
Boston, MA 02109
North American Transaction Services
c/o Roetzel & Andress, LPA
OneSeaGate, Suite 1700
Toledo, OH 43604
Ore Hill Partners LLC
Attn: Johanne L. Homan
452 Fifth Avenue, 25
1
h Floor
New York, NY 10018
Par-Four Investment Management
Attn: Joe Matteo, Michael Bailey
50 Tice Boulevard
Woodcliff Lake, NJ 07677
Pension Benefit Guaranty Corporation
Attn: Frank A. Anderson
Office of Chief Counsel
1200 K. Street, N.W.
Washington, DE 20005
Richards, Layton & Finger, P.A.
Attn: Mark D. Collins, Christopher M. Samis
One Rodney Square
920 North King Street
Wilmington, DE 19801
Schulte Roth & Zabel LLP
Attn: Adam C. Harris, Robert J. Ward, Victoria A. Lepore and David M.
Hillman
919 Third Avenue
New York, NY 10022
Scroggins & Williamson, P.C.
Attn: J. Robert Williamson and Ashley Reynolds Ray
1500 Candler Building
127 Peachtree Street, N.E.
Atlanta, GA 30303
5701756/
Platinum Grove Contingent Capital
Master Fund
Attn: Legal Department
1100 King Street, Building 4
Rye Brook, NY 10573
Ricoh USA Inc.
Dba Ikon Office Solutions
Recovery & Bankruptcy Group
Attn: Olivia Moody
3920 Arkwright Road, Suite 400
Macon, GA 31210
Scotia Bank
Attn: Homaira Rahimi and Rhonda Farley
20 Queen Street West, 4
1
h Floor
Toronto, ON
M5H 3R3
Canada
[VIA International First Class Mail]
Secretary of the Treasury
Department of the Treasury
1500 Pennsylvania Avenue, NW
Washington, DC 20220
Securities & Exchange Commission
New York Regional Office
Attn: GeorgeS. Canellos, Regional Director
3 World Financial Center, Suite 400
New York, NY 10281
ShipCarsNow
Attn: Jeffrey J. Grandstaff
1400 Douglas St., MS 0430
Omaha, NE 68179
Sidley Austin LLP
Attn: Michael G. Burke, Brian J. Lohan and Dennis Kao
787 Seventh Avenue
New York, NY 10019
Spectrum Investment Partners LP
Attn: Jeffrey Schaffer
1250 Broadway, 19th Floor
New York, NY 10001
5701756/
Securities & Exchange Commission
100 F. Street, NE
Washington, DC 20549
Sidley Austin LLP
Attn: Matthew Clemente
One South Dearborn Street
Chicago, IL 60603
Spectrum Group Management LLC
Attn: Jeffrey Buller, Jeffrey Schaffer and Stephen Jacobs
1250 Broadway, Suite 810
New York, NY 10001
Stanfield Capital Partners
Attn: Legal Department
430 Park Avenue, lih Floor
New York, NY 10022
State of Delaware
Division of Revenue
Carvel State Office Building
820 North French Street
Wilmington, DE 19801
Sullivan Hazeltine Allison, LLC
Attn: William D. Sullivan, William D. Hazeltine and Elihu E. Allinson
901 North Market Street, Suite 1300
Wilmington, DE 19801
Teamsters Pension Trust Fund of Philadelphia & Vicinity
c/o Stephens & Lee, P.C.
Attn: Frank Sabatino and John Kilgannon
1818 Market Street, 29
1
h Floor
Philadelphia, PA 19103
Tennessee Department of Labor & Workforce
c/o TN Attorney General Office
Bankruptcy Division
P.O. Box 20207
Nashville, TN 37202
5701756/
Stone Tower Capital, LLC
Attn: Michael Novoseller/Legal Department
9 W. 5ih Street, 3ih Floor
New York, NY 10019
Teamsters Joint Council No. 83 of Virginia Pension Fund
c/o Beins Axelrod, P.C.
Attn: H. David Kelly, Jr.
1625 Massachusetts Avenue, N.W.
Suite 500
Washington, DC 20036
Teamsters Pension Trust Fund of Philadelphia & Vicinity
c/o Stephen & Lee, P.C.
Attn: Maria Aprile Sawczuk
1105 North Market Street, ih Floor
Wilmington, DE 19801
The Bank of New York Mellon
Attn: Melinda Valentine
600 East Las Colinas, Suite 1300
Irving, TX 75039
The CIT Group/Business Credit, Inc.
c/o Fried, Frank, Harris, Shriver & Jacobson LLP
Attn: Gary L. Kaplan and Carll. Stapen
One New York Plaza
New York, NY 10004
The Yucaipa Companies
Attn: Derex Walker
9130 West Sunset Boulevard
Los Angeles, CA 90069
TNATINC
c/o Coach & Taylor, P.A.
Attn: Susan E. Kaufman
1000 West Street, 10
1
h Floor
Wilmington, DE 19801
TNATINC
c/o International Brotherhood of Teamsters
Attn: Edward Gleason
25 Louisiana Avenue, N.W.
Washington, DC 20001
5701756/
The CIT Group/Business Credit, Inc.
c/o Duane Morris LLP
Attn: Richard W. Riley and Sommer L. Ross
222 Delaware Avenue, Suite 1600
Wilmington, DE 19801
TNATINC
c/o Cohen, Weiss & Simon
Attn: Richard Seltzer
330 West 42"d Street
New York, NY 10036
TNATINC
c/o Batiste & Wilder
Attn: James F. Wallington
1150 Connecticut Avenue, N.W.
Suite 500
Washington, DC 20036
Troutman Sanders LLP
Attn: Jeffrey W. Kelley and Ezra H. Cohen
600 Peachtree Street, NE Suite 5200
Atlanta, GA 30308
U.S. Attorney's Office
P.O. Box 2046
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Wilmington, DE 19801
David L. Buchbinder
United States Trustee
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Lockbox #35
Wilmington, DE 19801
Western Conf. of Teamsters Pension Trust Fund
c/o Reid, Pedersen, McCarthy & Ballew LLP
Attn: Russell J. Reid
100 West Harrison Street
North Tower, Suite 300
Seattle, WA 98119
Yucaipa American Alliance (Parallel) Fund I, LP
Yucaipa American Alliance Fund I, LP
Attn: Robert Bermingham
9130 W. Sunset Blvd.
Los Angeles, CA 90069
5701756/
Union Pacific Railroad Company
Attn: Mary Ann Kilgore and Shawn Lanka
1400 Douglas Street, MS 1580
Omaha, NE 68179
Venor Capital Management LP
Attn: Michael Scott
7 Times Square, Suite 3505
New York, NY 10036
Young Conaway Stargatt & Taylor
Attn: Michael R. Nestor
Rodney Square
1000 North King Street
Wilmington, DE 19801