Magazine article University Business

Notice of Deadline to File Certain Requests for Payment of Administrative Expenses: In the United States Bankruptcy Court for the District of Delaware

Magazine article University Business

Notice of Deadline to File Certain Requests for Payment of Administrative Expenses: In the United States Bankruptcy Court for the District of Delaware

Article excerpt

In re:                   )  Chapter 11
ARMSTRONG WORLD          )  Case No. 00-4471(RJN)
INDUSTRIES, INC. et at., )  (Jointly Administered)
  Debtors.               )

PLEASE TAKE NOTICE THAT the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") has entered an order, dated March 21, 2003 requiring all persons and entities that assert certain types of administrative expense arising under section 503(b)(1) of the Bankruptcy Code ("Administrative Expense") against Armstrong World Industries, Inc. ("AWI") to file a proof of Administrative Expense by 5:00 p.m. (New York City time) on November 24, 2003 (the "Administrative Expense Bar Date").

1. WHO MUST FILE AN ADMINISTRATIVE EXPENSE CLAIM

Only certain holders of Administrative Expenses must file a proof of Administrative Expense. If you believe you have a claim against AWI that (i) arose after December 6, 2000, (ii) qualifies as an administrative expense under section 503(b)(1) of the Bankruptcy Code, and (iii) falls within any of the six categories described below, no matter how remote or contingent, you must file a request for payment on account of such Administrative Expense on or before the Administrative Expense Bar Date:

A. Any Administrative Expense representing personal injury, property damage, or other tort claims against AWI, excluding Asbestos Personal Injury Claims;

B. Any Administrative Expense for breach of an obligation--contractual, statutory or otherwise--by AWI, including any environmental liability (but other than any environmental liability with respect to property that is currently owned or operated by AWI);

C. Any Administrative Expense for amounts incurred by AWI after December 6, 2000 in the ordinary course of AWI's business if payment of such amounts is alleged to be overdue by at least sixty (60) days;

D. Any Administrative Expense incurred by AWI outside the ordinary course of its business or on other than ordinary business terms, except to the extent the incurrence of such Administrative Expense was approved by the Bankruptcy Court (e.g., the DIP Credit Facility Claim, the postpetition COLI loans incurred by AWI, or any claims under any hedging agreement entered into after the Commencement Date) or represents fees and expenses of professionals arising under sections 330, 331, or 503(b)(2)-(5) of the Bankruptcy Code:

E. Any Administrative Expense that would not ordinarily be reflected as a payable on AWI's books and records or as a liability on AWI's financial statements; or

F. Any Administrative Expense representing an employee claim against AWI, other than (i) a claim for wages, benefits, pension or retirement benefits or expense reimbursement by an employee who is employed by AWI as of the Administrative Expense Bar Date or (ii) a grievance claim under any collective bargaining agreement to which AWI is a party. …

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