U.S. Bankruptcy Court
District of Delaware (Delaware)
Bankruptcy Petition #: 02-13709-KJC
Chapter 11
Voluntary
Asset /
Date Filed: 12/19/2002
Focal Communications Corporation
Tax id: 36-4167094
Debtor / represented by / Christopher James Lhulier
Pachulski Stang Ziehl Young & Jones PC
919 N. Market Street
16th Floor
Wilmington, DE 19899
usa
302-778-6405
Fax : 302-652-4400
Email:
Laura Davis Jones
Pachulski, Stang, Ziehl Young & Jones
919 N. Market Street
16th Floor
Wilmington, DE 19899-8705
usa
302 652-4100
Fax : 302-652-4400
Email:
FOCAL COMMUNICATIONS CORPORATION
Debtor / represented by / Bruce Grohsgal
Pachulski, Stang, Ziehl, Young, Jones
919 N. Market Street
16th Floor
Wilmington, DE 19801
302-778-6403
Fax : 302-652-4400
Email:
Bruce Grohsgal
Pachulski, Stang, Ziehl Young & Jones
919 N. Market Street
16th Floor
Wilmington, DE 19899-8705
302-778-6403
Fax : 302-652-4400
Email:
Christopher James Lhulier
(See above for address)
Christopher James Lhulier
Pachulski, Stang, Ziehl, Young, Jones
919 N. Market Street, 16th Floor
P.O. Box 8705
Wilmington, DE 19899-8705
302-652-4100
Fax : 302-652-4400
Email:
Laura Davis Jones
Pachulski Stang Ziehl Young and Jones
919 North Market Street
16th Floor
Wilmington, DE 19899-8705
302-652-4100
Fax : 302-652-4400
Email:
Laura Davis Jones
(See above for address)
Linda Cantor
Pachulski Stang Ziehl Young & Jones
Email:
Focal Communications Corporation
200 N. LaSalle Street, 11th Floor
Chicago, IL 60601
312-895-8400
Debtor / represented by / Bruce Grohsgal
(See above for address)
Christopher James Lhulier
(See above for address)
Christopher James Lhulier
(See above for address)
Laura Davis Jones
Pachulski Stang Ziehl Young & Jones
919 N. Market Street
16th Floor
Wilmington, DE 19899-8705
302-652-4100
Fax : 302-652-4400
Email:
Focal Communications Corporation (Reorganized Debtor)
Debtor
Walrus Inc.
Plaintiff / represented by / Richard H. Cross, Jr.
Cross & Simon, LLC
913 North Market Street
Suite 1001
PO Box 1380
Wilmington, DE 19899-1380
302-777-4200
Fax : 302-777-4224
Email:
United States Trustee
844 King Street, Room 2207
Lockbox #35
Wilmington, DE 19899-0035
302-573-6491
U.S. Trustee
David L. Buchbinder
Office of the U.S. Trustee
J. Caleb Boggs Federal Building
Suite 2207
Wilmington, DE 19801
usa
302-573-6491
U.S. Trustee
The Official Committee of Unsecured Creditors
Creditor Committee / represented by / Kerri K Mumford
Landis Rath & Cobb LLP
919 Market Street
Suite 600
Wilmington, DE 19801
302-467-4400
Fax : 302-467-4450
Email:
Mary Caloway
Klett Rooney Lieber & Schorling
1000 West Street
Ste 1410
Wilmington, DE 19801
usa
302-552-4209
Fax : 302-552-4295
Email:
Teresa K.D. Currier
Klett Rooney Lieber & Schorling
1000 West St., Ste. 1410
Wilmington, DE 19801
usa
302-552-4220
Fax : 302-552-4295
Email:
Official Committee of Unsecured Creditors
Creditor Committee / represented by / Mary Caloway
(See above for address)
Teresa K.D. Currier
(See above for address)
Akin Gump, Strauss, Hauer & Feld, LLP
Creditor Committee / represented by / Mary Caloway
(See above for address)
Klett Rooney Lieber & Schorling, a Profesional Corporation
Creditor Committee / represented by / Mary Caloway
(See above for address)
Filing Date / # / Docket Text
12/19/2002 / 1 / Chapter 11 Voluntary Petition Focal Communications Corporation. Receipt Number 063526, Fee Amount $830. Filed by Focal Communications Corporation. (Attachments: # 1 Exhibit # 2 Attachment Board Resolutions# 3 Attachment 20 Largest Unsecured Creditors List# 4 Attachment Equity Security Holders List# 5 Attachment List of Creditors Certification# 6 Attachment Creditor Matrix 1# 7 Certificate of Service Creditor Matrix 2# 8 Attachment Creditor Matrix 3# 9 Attachment Creditor Matrix 4# 10 Attachment Creditor Matrix 5# 11 Attachment Creditor Matrix 6# 12 Attachment Creditor Matrix 7# 13 Attachment Creditor Matrix 8# 14 Attachment Creditor Matrix 9# 15 Attachment Creditor Matrix 10# 16 Attachment Creditor Matrix 11# 17 Attachment Creditor Matrix 12# 18 Attachment Creditor Matrix 13# 19 Attachment Creditor Matrix 14# 20 Attachment Creditor Matrix 15# 21 Attachment Creditor Matrix 16# 22 Attachment Creditor Matrix 17) (Jones, Laura Davis) Modified on 12/20/2002 (MNH, ). (Entered: 12/19/2002)
12/19/2002 / 2 / Affidavit in Support of First Day Motions by M. Jay Sinder, Chief Financial Officer of Focal Comunications Corporation Filed by Focal Communications Corporation. (Jones, Laura Davis) (Entered: 12/19/2002)
12/19/2002 / 3 / Motion for Joint Administration Motion for Entry of an Order Pursuant to Bankruptcy Rule 1015(b) Directing Joint Administration Filed by Focal Communications Corporation. (Attachments: # 1 Proposed Form of Order) (Jones, Laura Davis) (Entered: 12/19/2002)
12/19/2002 / 4 / Application to Employ/Retain Pachulski Stang Ziehl Young & Jones, P.C. as Counsel for Debtors and Debtors in Possession Filed by Focal Communications Corporation. (Attachments: # 1 Attachment Statement# 2 Attachment Affidavit of Laura Davis Jones# 3 Proposed Form of Order) (Jones, Laura Davis) (Entered: 12/19/2002)
12/19/2002 / 5 / Motion to Appear pro hac vice Motion of Laura Davis Jones for an Order Admitting Attorney for the Debtors Pursuant to Local District Court Rule 83.5(c) Filed by Focal Communications Corporation. (Attachments: # 1 Exhibit A# 2 Proposed Form of Order) (Jones, Laura Davis) (Entered: 12/19/2002)
12/19/2002 / 6 / Order Transferring Chapter 11 Proceedings to the Honorable Kevin J. Carey. Signed on 12/19/02. (NAA, ) (Entered: 12/19/2002)
12/19/2002 / Judge Kevin J. Carey added to case. Involvement of Judge Walrath, Mary F. Terminated. (NAA, ) (Entered: 12/19/2002)
12/19/2002 / 7 / Application to Employ/Retain Application For Order Appointing Donlin, Recano & Company, Inc. As Claims Agent Of the Bankruptcy Court Pursuant To 28 U.S.C. Section 156(c) Donlin, Recano & Company, Inc. as Claims Agent Filed by Focal Communications Corporation. (Attachments: # 1 Affidavit # 2 Proposed Form of Order) (Lhulier, Christopher) (Entered: 12/19/2002)
12/19/2002 / 8 / Motion to Pay Sales and Use Taxes Motion Of Debtors For Authority To Pay Prepetition Sales, Use, Franchise And Similar Taxes In The Ordinary Course Of Business Filed by Focal Communications Corporation. (Attachments: # 1 Proposed Form of Order) (Lhulier, Christopher) (Entered: 12/19/2002)
12/19/2002 / 9 / Motion to Continue Customer Programs Motion For Entry Of An Order Authorizing The Debtors To Honor Prepetition Obligations To Customers And To Otherwise Continue Customer Programs And Practices In The Ordinary Course Of Business Filed by Focal Communications Corporation. (Attachments: # 1 Proposed Form of Order) (Lhulier, Christopher) (Entered: 12/19/2002)
12/19/2002 / 10 / Motion to Approve Use of Cash Collateral Motion Pursuant To 11 U.S.C. Sections 361, 362 And 363, Fed.R.Bankr.P.4001(b) And 9014, And Del.Bankr.LR4001-2 For Interim and Final Orders Authorizing Debtors' Use Of Cash Collateral, Providing Adequate Protection Therefor And Scheduling Final Hearing Thereon Filed by Focal Communications Corporation. (Attachments: # 1 Exhibit A# 2 Proposed Form of Order # 3 Exhibit A To The Order) (Lhulier, Christopher) (Entered: 12/19/2002)
12/19/2002 / 11 / Application to Employ/Retain of Debtors and Debtors in Possession for an Order Pursuant to 11 U.S.C. Sections 327(a) and 328(a) and Fed. R. Bankr. P. 2014(a), 2016 and 5002 Authorizing the Retention and Employment of Miller Buckfire Lewis & Co., LLC as Financial Advisor and Investment Banker to the Debtors and Debtors in Possession Nunc Pro Tunc to the Petition Date Miller Buckfire Lewis & Co., LLC as Financial Advisor and Investment Banker Filed by Focal Communications Corporation. (Attachments: # 1 Exhibit A - Buckfire's Affidavit# 2 Exhibit A-1# 3 Exhibit B# 4 Proposed Form of Order) (Jones, Laura Davis) (Entered: 12/19/2002)
12/19/2002 / 12 / Application for Interim Professional Compensation Motion For Administrative Order Under 11 U.S. C. Sections 105(a) And 331 Establishing Procedures For Interim Compensation And Reimbursement Of Expenses For Professionals And Committee Members. Filed by Christopher James Lhulier. (Attachments: # 1 Exhibit A# 2 Proposed Form of Order) (Lhulier, Christopher) (Entered: 12/19/2002)
12/19/2002 / 13 / Application to Employ/Retain Motion For Order Authorizing Debtors To Employ And Compensate Certain Professionals Utilized In The Ordinary Course Of Debtors' Business Filed by Focal Communications Corporation. (Attachments: # 1 Exhibit A# 2 Proposed Form of Order) (Lhulier, Christopher) (Entered: 12/19/2002)
12/19/2002 / 14 / Motion to Authorize Motion for Order Pursuant to Sections 365 and 554 of the Bankruptcy Code Authorizing and Approving Procedures for the Rejection of Executory Contracts and Unexpired Leases of Nonresidential Real Property and Abandonment of Property of the Debtors Filed by Focal Communications Corporation. (Attachments: # 1 Proposed Form of Order) (Jones, Laura) (Entered: 12/19/2002)
12/19/2002 / 15 / Motion to Pay Employee Wages Motion for Entry of an Order (a) Authorizing, but not Requiring, Payment of Certain Prepetition (i) Wages, Salaries and Other Compensation, (ii) Employee Medical and Similar Benefits, (iii) Reimbursable Employee Expenses, (iv) Former Employee Obligations, and (v) Workers' Compensation Benefits; and (b) Authorizing and Directing Applicable Banks and Other Financial Institutions to Receive, Process, Honor and Pay All Checks Presented for Payment and to Honor All Funds Transfer Requests Made by the Debtors Relating to the Foregoing Filed by Focal Communications Corporation. (Attachments: # 1 Proposed Form of Order) (Jones, Laura) (Entered: 12/19/2002)
12/19/2002 / 16 / Motion Prohibiting Utilities from Discontinuing Service Motion for Order Under 11 U.S.C. Sections 105(a) and 366 (1) Prohibiting Utilities from Discontinuing, Altering or Refusing Service, and (2) Establishing Procedure for Determining Adequate Assurances of Payment Filed by Focal Communications Corporation. (Attachments: # 1 Exhibit A - Utility Chart# 2 Exhibit A - Part 2# 3 Index A-Part 3# 4 Exhibit A-Part 4# 5 Proposed Form of Order) (Jones, Laura Davis) (Entered: 12/19/2002)
12/19/2002 / 17 / Motion to Maintain Bank Accounts Motion for Order Under 11 U.S.C. Sections 105, 363, 1107, and 1108 Authorizing (i) Maintenance of Existing Bank Accounts, (ii) Continued Use of Existing Business Forms, (iii) Continued Use of Existing Cash Management System and (iv) Waiving Certain Investment and Deposit Requirements Under 11 U.S.C. Section 345(b) Filed by Focal Communications Corporation. (Attachments: # 1 Exhibit A - Part 1# 2 Exhibit A - Part 2# 3 Exhibit B# 4 Proposed Form of Order) (Jones, Laura Davis) (Entered: 12/19/2002)
12/19/2002 / 18 / Motion to Authorize Motion for an Order Authorizing the Debtors to Implement a Key Employee Retention and Severance Program Filed by Focal Communications Corporation. (Attachments: # 1 Proposed Form of Order) (Jones, Laura Davis) (Entered: 12/19/2002)
12/19/2002 / 19 / Motion to Assume/Reject Motion for Order Under Section 365(a) of the Bankruptcy Code Authorizing the Debtors to Reject Certain Executory Contracts and Unexpired Leases of Nonresidential Real Property Filed by Focal Communications Corporation. (Attachments: # 1 Exhibit A# 2 Proposed Form of Order # 3 Exhibit A to Order) (Jones, Laura Davis) (Entered: 12/19/2002)
12/19/2002 / 20 / Notice of Appearance and Demand for Notices and Papers Filed by Verizon Communications, Inc. (the operating telephone subsidiaries). (Laddin, Darryl) (Entered: 12/19/2002)
12/19/2002 / 21 / Notice of Appearance Under 11 U.S.C. Section 1109 (b) and Fed. R. Bankr. P. 9010, and Request for Copies of All Orders, Notices, and Pleadings Under Fed. R. Bankr. P. 2002 Filed by Goldman Sachs Credit Partners L.P. as Syndication Agent and Citicorp USA, Inc. as Administrative Agent and Collateral Agent. (Davis, Eric) (Entered: 12/19/2002)
12/19/2002 / 22 / Affidavit in Support First Day Motions by M. Jay Sinder, Chief Financial Officer of Focal Communications Corporation Filed by Focal Communications Corporation. (Jones, Laura Davis) (Entered: 12/19/2002)
12/19/2002 / 23 / Motion to Appear pro hac vice of Jay M. Goffman, Esquire; Frederick D. Morris, Esquire and Adlai S. Hardin, III, Esquire Filed by Goldman Sachs Credit Partners L.P. as Syndication Agent and Citicorp USA, Inc. as Administrative Agent and Collateral Agent. (Davis, Eric) (Entered: 12/19/2002)
12/19/2002 / 24 / Notice of Hearing on First Day Motions Filed by Focal Communications Corporation. (Grohsgal, Bruce) (Entered: 12/19/2002)
12/19/2002 / 25 / Notice of Appearance Filed by Nortel Networks Inc. (Finger, David) (Entered: 12/20/2002)
12/19/2002 / 27 / Order (a) Authorizing, but Not Requiring, Payment of Certain Prepetition (i) Wages, Salaries and Other Compensation, (ii) Employee Medical and Similar Benefits, (iii) Reimbursable Employee Expenses, (iv) Former Employee Obligations, and (v) Workers' Compensation Benefits; and (b) Authorizing and Directing Applicable Banks and Other Financial Institutions to Receive, Process, Honor and Pay all Checks Presented for Payment and to Honor all Funds Transfer Requests Made by the Debtors Relating to the Foregoing. Signed on 12/19/2002 (related document(s)15). (GB, ) (Entered: 12/20/2002)
12/20/2002 / 26 / Notice of Withdrawal of Docket No. 2 Filed by Focal Communications Corporation (related document(s)2). (Lhulier, Christopher) (Entered: 12/20/2002)
12/20/2002 / 28 / Order Authorizing Debtors to Pay Prepetition Sales, Use, Franchise and Similar Taxes in the Ordinary Course of Business. (related document(s) 8) Signed on 12/20/2002. (GB, ) (Entered: 12/20/2002)
12/20/2002 / 29 / Order Under 11 U.S.C. Sections 105, 363, 1107 and 1108 Authorizing (i) Maintenance of Existing Bank Accounts (ii) Continued Use of Existing Business Forms and (iii) Continued Use of Existing Cash Management System and (iv) Waiving Certian Investment and Deposit Requirements Under 11 U.S.C. 345(b). (related document(s) 17) Signed on 12/20/2002. (GB, ) (Entered: 12/20/2002)
12/20/2002 / 30 / Order Authorizing the Debtors to Honor Prepetition Obligations to Customers and to Otherwise Continue Customers and to Otherwise Continue Customer Programs and Proctices in the Oridinary Course of Business. (realted docuemnt(s) 9) Signed on 12/20/2002. (GB, ) (Entered: 12/20/2002)
12/20/2002 / 31 / Order Appointing Donlin, Recano & Company, Inc. as Claims and Noticing Agent of the Bankruptcy Court Pursuant to 28 U.S.C. Section 156(c). Signed on 12/20/2002. (GB, ) Modified on 1/13/2003 (BMG, ). (Entered: 12/20/2002)
12/20/2002 / 32 / Order Under Section 365(a) of the Bankruptcy Code Authorizing the Debtors to Reject Certain Executory Contracts and Unexpired Leases of Nonresidential Real Property. (related document(s) 19) Signed on 12/20/2002. (GB, ) (Entered: 12/20/2002)
12/20/2002 / 33 / Order (Bridge) Pursuant to Section 366 of the Bankruptcy Code Extending Prohibition on Utilities From Altering, Refusing or Discontinuing Service to the Debtors. (related document(s) 16) Signed on 12/20/2002. (GB, ) (Entered: 12/20/2002)
12/20/2002 / 34 / Order (Interim) Authorizing Use of Cash Collateral and Providing Adequate Protection Under 11 U.S.C. Sections 105, 361, and 363. Signed on 12/20/2002. (GB, ) (Entered: 12/20/2002)