The Property Damage Advisory Committee v. Carey Canada, Inc. et al

Filing 25

ORDER: The Orders of the Bankruptcy Court are AFFIRMED. The Clerk is directed to terminate any pending motions and close this file. Signed by Judge James S. Moody, Jr on 2/3/2012. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
IN RE:
THE CELOTEX CORPORATION
IN RE:
CAREY CANADA, INC.
THE PROPERTY DAMAGE
ADVISORY COMMITTEE,
Appellant,
v.

Case No. 8:11-cv-2223-JSM

THE CELOTEX ASBESTOS
SETTLEMENT TRUST,
Appellee.
_____________________________________/
ORDER
THIS CAUSE comes before the Court on appeal from the Bankruptcy Court’s March
24, 2011 Order on Property Damage Advisory Committee’s Motion to Compel Payment of
Counsel’s Fees and July 8, 2011 Order on Property Damage Advisory Committee’s Motion
for Reconsideration of Order on Property Damage Advisory Committee’s Motion to Compel
Payment of Counsel’s Fees. The Court has considered the Appellant’s brief (Dkt. #13), the
Appellee’s response (Dkt. #19), and Appellant’s reply (Dkt. #23).
The Court has jurisdiction over this appeal pursuant to 28 U.S.C. § 158(a)(1). Since
the appeal involves only questions concerning the legal conclusions of the Bankruptcy Court

in interpreting the plan documents, appellate review by this Court is de novo. In Re: Celotex
Corp., 487 F.3d 1320 (11th Cir. 2007).
The Court concludes that the Orders of the Bankruptcy Court are thorough and well
reasoned, and are adopted by this Court.
It is therefore ORDERED AND ADJUDGED that:
1.

The Orders of the Bankruptcy Court are hereby AFFIRMED.

2.

The Clerk is directed to terminate any pending motions and close this file.

DONE and ORDERED in Tampa, Florida on February 3, 2012.

Copies furnished to:
Bankruptcy Court Judge Paul M. Glenn, Case #8:90-bk-10016-PMG
Counsel/Parties of Record
S:\Odd\2011\11-cv-2223.Celotex Order.frm

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