Total Containment, Inc.

UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
In re 	: 	Chapter 11
TOTAL CONTAINMENT, INC. 	:
Debtor 	: 	Bankruptcy No. 04-13144F
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ORDER
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AND NOW, this 14th day of March 2006, upon the motion of Twin Oil
Company and the Five Group Corp. for relief from the automatic stay,
And upon consideration of the chapter 11 trustee’s opposition thereto,
And after an evidentiary hearing,
And the trustee agreeing that the proceeds of certain insurance policies are
not property of the estate. See Matter of Edgeworth, 993 F.2d 51 (5th Cir. 1993); First
Fidelity Bank v. McAteer, 985 F.2d 114 (3d Cir. 1993),
And the trustee intends to liquidate all of the assets of the estate and thus
the debtor will not receive a bankruptcy discharge, pursuant to 11 U.S.C. § 1141(d)(3),
And the movants have not filed any claims in this bankruptcy case and the
deadline for doing so has expired,
Accordingly, it is hereby ordered that the instant lift-stay motion is granted
in part. The bankruptcy stay is modified so that the movants may exercise their non-
bankruptcy law rights to prosecute all prepetition claims they may hold or assert against
the debtor. However, the movants may not execute upon estate property or seek payment
from estate property. To the extent a non-bankruptcy forum determines that the movants
hold valid claims against the debtor, they may recover or obtain payment on those claims,
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to the extent permitted by relevant non-bankruptcy law, only from the proceeds of the
following insurance policies:
Commercial General Liability Coverage, Policy No. 546-85-09,
issued by Commerce & Industry Insurance Company of Canada for
insured Les Placement CMI Inc., Total Containment Inc., “any
past, present and/or future subsidiary or controlled companies as
may be created or acquired” and “any of their pension plans,
committee members, employee clubs and recreational
organizations,” covering the period from June 30, 1999 to June 30,
2000;
Commercial General Liability Coverage, Policy No. CGL
0283361, issued by Gulf Insurance Company for insured Total
Containment, Inc., covering the period from November 20, 1998 to
November 20, 2000 at 12:01 A.M. Standard Time;
Commercial Lines Policy, Policy No. PHPK000385, issued by
Philadelphia Indemnity Insurance Company for insured Total
Containment, Inc., covering the period from January 24, 2001 to
January 24, 2002 at 12:01 A.M. Standard Time;
Commercial Lines Policy, Policy No. HULT100258, issued by
Philadelphia Indemnity Insurance Company for insured Total
Containment, Inc., covering the period from January 24, 2000 to
January 24, 2001 at 12:01 A.M. Standard Time;
Commercial Excess Liability Policy, Policy No. PHUM400273,
issued by Philadelphia Indemnity Insurance Company for insured
Total Containment, Inc., Morin, Inc. and American Containment,
Inc., covering the period from January 24, 1999 to January 24,
2000 at 12:01 A.M. Standard Time;
Commercial Lines Policy, Policy No. PHPG400594, issued by
Philadelphia Indemnity Insurance Company for insured Total
Containment, Inc., covering the period from January 24, 1999 to
January 24, 2000 at 12:01 A.M. Standard Time.
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Commercial General Liability Coverage, Policy No. CGL
0283361, issued by Gulf Insurance Company for insured Total
Containment, Inc., covering the period from November 20, 1998 to
November 20, 2000 at 12:01 A.M. Standard Time, plus all
endorsements this policy.
____________________
BRUCE FOX
United States Bankruptcy Judge
copies to:
Dimitri L. Karapelou, Esquire
Ciardi & Ciardi, P.C.
One Commerce Square, Suite 2020
2005 Market Street
Philadelphia, PA 19103
Deirdre M. Richards, Esquire
Obermeyer Reibman Maxwell & Hippel, LLP
One Penn Center, 19th Floor
1617 John F. Kennedy, Blvd
Philadelphia, PA 19103
Case 04-13144-bif Doc 607 Filed 03/14/06 Entered 03/14/06 15:04:04 Desc Main
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