FASTSHIP, INC, ct

Raymond
1.
11
Joint
3.
IN THE UNITED STATES BANKRtJl>TCY COURT
FOR DISTRICT OF OELA WARE
Debtors,
as follows:
2 0 1 2 ~
the
Plan
)
)
)
)
)
)
)
to
No. 12-10968
Jointly Administered
Re: Docket No. 159
Inc., et al
filed
an
was not
[D.L 1
of each Debtor's tux klentiiicatlon number, are as lhllnws:
lnc. (!)980} No. ! 2 ~ l 097() {BLS}) and
address tbr the Debtors is: Trust or
Suite 205, Conshohocken, !'A
/()
to
4. On September 6, 2012, the Debtors filed their Final Report in Chapter 11 Cases
[D.I. 162] pursuant to Local Rule 5009-l(c), as well as a Certification ofCmmsel [DJ.l63], with
a Proposed Final Decree and Order closing Chapter 11 cases (the "Final Order").
5. The Oftice of the United States Trustee (the "UST") subsequently provided
infomml comments to the Debtors regarding the Final Decree, and subsequently, on September
17, 2012 the Debtors filed their revised Final Decree, taking into consideration the comments of
the UST under Certification of Counsel [D.I. 167].
6. Subsequently, the UST raised a question as to whether aU of the Other Priority
Claims, as defined in the Pian had been paid, or had agreed to different treatment.
7. To be clear, the only "'Other Priority Claims" as set forth in the Plan (Ciass 2),
were either paid per Order entered in the Debtor's bankruptcy proceeding, or accepted a
treatment. Specifically, two officers of the company vvere owed sums for within 90
days ofthe filing of cases, however, the contracts pursuant to which these arose
were assumed by the Debtors pursuant to an Order entered in the bankruptcy proceedings and the
arrearages (including the wages earned within 90 days ofthe initiation of the bankruptcy cases)
\\rill be paid from the proceeds of the I.D. Litigation (as defined in the Plan).
8. The Proposed Final Decree is attached hereto as Exhibit "'A."
9. This Certiiication is only being filed to complete the the
payment of the Priority Claims;' as requested by the UST.
Dated: 12

& ARONOFF' LLP
By:
4204)
Esquire (No. 5278)
222 Dela\vare A venue, Suite 801
-2-
7302904\11
7302904 v1
Wilmington, DE 19801
Telephone: (302) 4 4 2 ~ 7 0 1 0
Facsimile: (302) 442-7012
rlemisch@beneschiaw.com
jsmithriUbeneschlaw.com
-and-
Kari Coniglio, Esquire (OH 0081463)
200 Public Square, Suite 2300
Cleveland, OH 44114
(216) 363-4500 (Tciephone)
(216) 363-4588 (Facsimile)
kconigiio@beneschlaw.com
Counsel for the Debtors
-3-
EXHIBIT A
7302904 v1
In re:
IN THE UNITED STATF:S BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
) Chapter 11
)
FASTSHIP, INC., eta!., I
) Case No. 12-10968 (BLS}
} Jointly Administered
Debtors.
}
) Re: Docket No. 159 ami 163
)
FINAL OECREE AND ORDER CLOSING CHAPTER l1 CASES
Upon consideration of the Motion2 of Fa<;tShip, Inc., et al. (the "Debtors") for Entry of
Final Decree and Closing of Chapter 11 Cases; and it appearing that due and adequate notice
has been provided; and it appearing that the estates of the above-captioned debtors were
substantively consolidated for administrative purposes only; and after due considemtion and
deliberation and sufficient cause appearing therefor, it is hereby:
ORDERED, that the Motion is granted; and it is further
ORDERED, that the Plan has been substantially consummated, as all property to be
transferred under the plan has been tmnsferred and distribution under the Plan has
commenced; and it is further
ORDERED, that pursuant to Bankruptcy Code 350(a), Bankruptcy Rule 3022, and
Local Rule 5009-l(a), Case Nos. 12-10968 (FastShip, Inc.), 12-10970 (FastShip Atlantic,
[nc.), and 12-10971 (1bomycroft, Giles & Co., Inc.) are hereby closed; and it is further
2
The Debtors. along with the last four digits of each Debtor's tax identification number, are as follows: FastShip, Inc. (8309)
(Case No. 12-l 0968 (BLS)), FastShip Atlantic, Inc. (0980) {Case No. 12-10970 (BLS)} and Thornycroll, O!!cs & Co., Inc.
(1142) (Case No. 12-1097l(BLS)}. The mailing address for the Debtors is: Liquidating Trust of FastShip. Inc., et al., clo
The Brownstein Corporation, 441 East Hector Street, Suite 205, Conshohocken, PA !942ft
Capitalized tcm1s not otherwise defined herein shall have the meaning ascribed lo them in the Motion.
7302904v1
ORDERED, that the Court shall retain jurisdiction pursuant to the Plan and Confirmation
Order to the extent necessary to enforce this Order, and for all other applicable purposes.
Dated: September--"' 2012
7302904v1
HONORABLE BRENDAN L. SHANNON,
United States Bankruptcy Court Judge
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