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DONALD Smodic and Dory Smodic hereby move to shorten the scheduling of a hearing date for their Motion for relief from the Automatic Stay to Pursue Personal Injury Claim. In support of this Motion, the PA Claimants respectfully state as follows: 1. Donald Smodic was involved in a motor vehicle accident with a vehicle that was operated by Defendant, Robert Hummel, Jr.
DONALD Smodic and Dory Smodic hereby move to shorten the scheduling of a hearing date for their Motion for relief from the Automatic Stay to Pursue Personal Injury Claim. In support of this Motion, the PA Claimants respectfully state as follows: 1. Donald Smodic was involved in a motor vehicle accident with a vehicle that was operated by Defendant, Robert Hummel, Jr.
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DONALD Smodic and Dory Smodic hereby move to shorten the scheduling of a hearing date for their Motion for relief from the Automatic Stay to Pursue Personal Injury Claim. In support of this Motion, the PA Claimants respectfully state as follows: 1. Donald Smodic was involved in a motor vehicle accident with a vehicle that was operated by Defendant, Robert Hummel, Jr.
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In re: ) Chapter 11 ) (Jointly Administered) ALLIED SYSTEMS HOLDINGS, INC., et al., 1 ) ) Case No. 12-11564 (CSS) Debtors. ) ) Hearing Date: To be determined ) Objection Deadline: To be determined
DONALD SMODIC AND DORY SMODICS MOTION TO SHORTEN PURSUANT TO DEL.BANKR. L.R. 9006-1
Donald Smodic (Mr. Smodic) and Dory Smodic (Mrs. Smodic, together with Mr. Smodic, the PI Claimants), by and through their counsel, hereby move (the Motion) to shorten the scheduling of a hearing date for their Motion for Relief from the Automatic Stay to Pursue Personal Injury Claim. In support of this Motion to Shorten, the PA Claimants respectfully state as follows: 1. Donald Smodic was involved in a motor vehicle accident with a vehicle that was operated by Defendant, Robert Hummel, Jr., while in the course and scope of his employment with Allied Systems Limited, as more fully set forth in Mr. and Mrs. Smodics Motion for Relief from Automatic Stay to Pursue Personal Injury Claim, which is attached hereto as Exhibit 1.
1 The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LC (59-2876864); Allied Systems (Canada) Company (90-0169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (87568228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38-2918187); Cordin Transport LLC (38-1985798); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (59-2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services, LLC (91-0847582). JURISDICTION 2. This Court has jurisdiction to consider this matter pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b) and venue is proper pursuant to 28 U.S.C. 1408 and 1409. 3. The statutory predicates for the relief requested herein are section 105(a) of the Bankruptcy Code and Rule 9006-1(e) of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the Local Rules). RELIEF REQUESTED 4. By this Motion, the PI Claimants seek authotity pursuant to Bankruptcy Code section 105(a) and Local Rule 9006-1(e) to shorten the notice required for a hearing on the Motion for Relief from the Automatic Stay to Pursue Personal Injury Claim so that the Motion for Relief from Automatic Stay may be heard within fifteen (15) days of its filing and service, with objections to the relief sought in the Motion for Relief from Automatic Stay due on September 25, 2012 or on such other date as the Court shall order. BASIS FOR RELIEF 5. In the Motion for Relief from Automatic Stay, the Smodics indicate that they are seeking leave of this Court to pursue their personal injury claims to recover up to the amount of the policy limits for the insurance policy covering the vehicle operated by Defendant, Robert Hummel, Jr. 6. The Court of Common Pleas of Westmoreland County, Pennsylvania where the Smodics filed their personal injury action, has scheduled a jury trial to commence on November 5, 2012. The trial date was set prior to the filing of the involuntary bankruptcy petition on May 17, 2012. 7. In order to be able to try their case on November 5, 2012, the Smodics have had to schedule several depositions of medical providers prior to November 5, 2012. Said depositions are to commence October 17, 2012. 8. In that the Smodics are only seeking leave to pursue their case against Allied Systems Holdings, Inc. and Robert Hummel, Jr. in an amount up to the insurance policy proceeds of $4,000.000.00, there would be no prejudice to the debtors or other creditors. 9. The Smodics will be highly prejudiced if the hearing on their Motion for Relief from the Automatic Stay to Pursue Personal Injury Claim is not heard on September 28, 2012, since their Motion will not be able to be presented in time either to pursue the taking of the depositions and to be able to try their case starting November 5, 2012. The Smodics continue to incur loss of income and medical expenses as a result of the injuries sustained by Mr. Smodic in the accident and if the case is not tried in November, it can be delayed for several months to the significant detriment of the Smodics. 10. Local Rule 9006-1(e) grants this Court the authority to order that a motion be heard on less notice than is required by the Bankrutpcy Rules, and provides that the Court may rule on a motion for the same promptly without need for a hearing. Additionally, Bankruptcy Code section 105(a) provides that the Court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. Together, Local Rule 9006- 1(e) and Bankruptcy Code section 105(a) provide ample authority for the Court to grant this Motion to shorten. The exigencies in support of such relief are clear. According, the PI Claimants respectfully request that the Motion to Shorten be granted at the Courts earliest convenience. NOTICE AND NO PRIOR REQUEST
11. The PI Claimants have provided notice of this Motion to Shorten, in accordance with Bankruptcy Rule 4001(a)(1), to (i) the Office of the United States Trustee for the District of Delaware, (ii) the Debtors, (iii) the counsel to the Debtors, (iv) the counsel to the Official Committee of Unsecured Creditors, and (v) those parties that have filed notices of appearance in the Debtors cases as of the date herein. 12. No previous request for the relief requested herein has been made to this or any other court. CONCLUSION WHEREFORE, Donald Smodic and Dory Smodic respectfully request this Court to enter an Order in the form attached hereto granting their Motion to Shorten and to Schedule the Hearing on their Motion for Relief from the Automatic Stay to Pursue Personal Injury Claim for September 28, 2012, and granting the Smodics such other and further relief as this Court may deem just and proper. Dated: September 13, 2012 Wilmington, Delaware Respectfully submitted, MARGOLIS EDELSTEIN
AINSMAN, LEVINE & DREXLER, LLC Richard C. Levine, Esquire PA I.D. #36627 310 Grant Street, Suite 1500 Pittsburgh, PA 15219 (412) 338-9030 (412) 338-9167 fax rlevine@aldlawfirm.com
Counsel to Donald Smodic and Dory Smodic
EXHIBIT 1 {AL268302.1} IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11 ) (Jointly Administered) ALLIED SYSTEMS HOLDINGS, INC., et al., 1 ) ) Case No. 12-11564 (CSS) Debtors. ) ) Hearing Date: To be determined ) Objection Deadline: To be determined
MOTION OF DONALD SMODIC AND DORY SMODIC FOR RELIEF FROM THE AUTOMATIC STAY PURSUANT TO 362(d) TO PURSUE PERSONAL INJURY CLAIM
Donald Smodic (Mr. Smodic) and Dory Smodic (Mrs. Smodic, together with Mr. Smodic, the PI Claimants) hereby move (the Motion) for relief from the automatic stay pursuant to the Section 362(d) of the Bankruptcy Code to pursue personal injury claims against the above-captioned debtors (the Debtors) and, in support thereof, state as follows: JURISDICTION 1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. 157 and 1334. Venue is proper pursuant to 28 U.S.C. 1408 and 1409 and this is a core proceeding pursuant to 28 U.S.C. 157(b). 2. The basis for the relief requested herein are 11 U.S.C. 362(d) and Rules 4001(a)(1) , 4001(a)(3) and 9014 of the Federal Rules of Bankruptcy Procedure.
1 The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LC (59-2876864); Allied Systems (Canada) Company (90-0169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (87568228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38-2918187); Cordin Transport LLC (38-1985798); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (59-2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services, LLC (91-0847582). 2 BACKGROUND 3. On or about January 9, 2006, at approximately 9:00 a.m., Mr. Smodic was travelling in his 2000 Chevrolet Silverado on Route 376 in the vicinity of Wilkinsburg, Pennsylvania. Mr. Smodic was pulling a 14 foot trailer behind the Chevrolet Silverado. Mr. Smodic was operating his vehicle in a westerly direction toward the City of Pittsburgh. As he was proceeding, Mr. Smodic brought his vehicle to a stop as traffic in front of him had come to a stop. 4. At the same time and place, Defendant, Robert Hummel, Jr. (Defendant Hummel), was driving a 1991 Volvo car carrier while in the course and scope of his employment with Allied Systems Limited (Defendant Allied Systems, together with Defendant Hummel, the Defendants). Defendant Hummel was operating his truck directly behind Mr. Smodic, and when Mr. Smodic brought his vehicle to a stop on Highway 376, Defendant Hummel failed to bring the Volvo car carrier to a stop and struck the rear of Mr. Smodics trailer which then struck Mr. Smodics Chevrolet Silverado. 5. The Defendants have stipulated to liability for the collision. A copy of Defendant Hummels Motion in Limine Regarding Insurance wherein liability is stipulated to is attached hereto as Exhibit A. 6. As a result of the collision, Mr. Smodic suffered injuries to his neck and back and suffered a traumatic brain injury in addition to further injuries which required and continue to require Mr. Smodic to incur expenses of hospitals, doctors and/or other medical care providers. 7. As a result of the collision, Mrs. Smodic has made a claim for loss of consortium. 8. Upon information and belief, at the time of the collision, the Debtors had an insurance policy in place which provides coverage for the injuries and damages suffered by the 3 PI Claimants as a result of the collision. A copy of the cover page of the insurance policy provided by Debtors is attached hereto as Exhibit B. 9. On or about December 19, 2007, PI Claimants filed a Praecipe for Writ of Summons in a Civil Action in the Court of Common Pleas of Westmoreland County, Pennsylvania against the Defendants at Docket Number 11107 of 2007. 10. The Honorable Gary P. Caruso of the Court of Common Pleas of Westmoreland County, Pennsylvania, has scheduled this case to be tried in Westmoreland County beginning November 5, 2012. 11. On May 17, 2012, involuntary petitions were filed against Allied Holdings and Allied Limited in the United States Bankruptcy Court for the District of Delaware. 12. On June 10, 2012 (the Voluntary Petition Date), certain affiliates of Allied Holdings and Allied Limited filed voluntary petitions for relief under Chapter 11 of the bankruptcy code. 13. An Order directing joint administration of the Debtors cases under case number 12-11564(CSS) was entered on June 11, 2012 (Docket No. 89). 14. By operation of law, the Westmoreland County Court action has been stayed as to the Debtors as a result of the bankruptcy proceedings. RELIEF REQUESTED 15. By this Motion, the PI Claimants seek relief from the automatic stay to pursue personal injury claims (the PI Claims) against the Debtors to recover from the Debtors, up to the amount of the proceeds from any applicable insurance policy(ies). BASIS FOR RELIEF REQUESTED 16. Pursuant to Section 362(d) of the Bankruptcy Code, the Court shall grant relief from the automatic stay for cause. The term cause is not defined, leaving courts to consider 4 what constitutes cause based on the totality of the circumstances in each particular case. Balding v. Wilson (In re Wilson), 116 F.3d 87, 90 (3d Cir. 1997) (citations omitted). 17. Courts do not apply a rigid test to determine whether cause exists to grant relief from the automatic stay. Instead, courts generally consider three factors: (1) the prejudice suffered by the debtor and the debtors estate if the stay is lifted; (2) the balancing of hardship to the parties; and (3) the likelihood of success on the merits if the stay is lifted. In re Continental Airlines, Inc., 152 B.R. 420, 424 (D. Del. 1993). Here, the facts and circumstances warrant relief from the automatic stay. 18. First and foremost, the Debtors estates will not be prejudiced by lifting the automatic stay. In Continental Airlines, the Court stated that [w]here neither prejudice to the bankruptcy estate nor interference with the bankruptcy proceeding is demonstrated, the desire of a stayed party to proceed in another forum is sufficient cause to warrant lifting the automatic stay. 152 B.R. at 426 (quoting Hohol v. Essex Indus., Inc. (In re Hohol), 141 B.R. 293, 298 (M.D. Pa. 1992)). As an initial matter, the PI Claims could not be liquidated in the Bankruptcy Court. See 28 U.S.C. 157(b)(5). Accordingly, this matter needs to be adjudicated by another court irrespective of whether the stay is lifted. Moreover, as indicated supra, the Debtors had insurance at the time of the collision in the amount of $4,000.000.00 which will cover any recovery the PI Claimants receives up to the limits of such policy(ies). 19. In contrast to the absence of hardship to the Debtors, denying this motion to lift the automatic stay to liquidate the PI Claims against the Debtors and seek recovery from applicable insurance policies would severely prejudice the PI Claimants. In the event the stay is not lifted, the PI Claimants may be negatively affected by any delay insofar as the parties and witnesses memories will fade, handicapping the PI Claimants efforts to obtain accurate and complete discovery in pursuit of the PI Claims. Moreover, the PI Claimants will have no means 5 to liquidate the PI Claims, including seeking reimbursement of the medical bills paid to date and lost wages suffered as a result of the collision. 20. With respect to the third prong of the test movants likelihood of success on the merits courts have found that the required showing is very slight. See, e.g., Izzarelli v. Rexene Prods. Co. (Matter of Rexene Prods. Co.), 141 B.R. 574, 578 (Bankr. D. Del. 1992) (citing Peterson v. Cundy (In re Peterson), 116 B.R. 247, 250 (D. Colo. 1991) (foregoing merits analysis entirely in a relief from stay motion merely to liquidate claim)). Further, courts have found that [o]nly strong defenses to state court proceedings can prevent a bankruptcy court from granting relief from the stay in cases where, as here, we believe that the decision-making process should be relegated to bodies other than this court. Rexene, 141 B.R. at 578 (quoting Fonseca v. Philadelphia Housing Auth. (In re Fonseca), 110 B.R. 191, 196 (Bankr. E.D. Pa. 1990)). The Defendants in the personal injury case have stipulated to liability. Therefore, the likelihood of success on the merits is very strong. NOTICE AND NO PRIOR REQUEST
21. The PI Claimants have provided notice of this Motion, in accordance with Bankruptcy Rule 4001(a)(1), to (i) the Office of the United States Trustee for the District of Delaware, (ii) the Debtors, (iii) counsel to the Debtors, (iv) counsel to the Official Committee of Unsecured Creditors, and (v) those parties that have filed notices of appearance in the Debtors cases as of the date herein. 22. No previous request for the relief requested herein has been made to this or any other court. CONCLUSION WHEREFORE, the PI Claimants respectfully request that this Court enter an Order in the form attached hereto (i) granting the PI Claimants Motion for relief from the automatic stay to 6 liquidate the PI Claims against the Debtors and any other potentially responsible parties in a non- bankruptcy forum of competent jurisdiction and, if successful, to recover from the Debtors up to the amount of any applicable insurance coverage, (ii) waiving the stay of the order provided under Fed. R. Bankr. P. 4001(a)(3), and (iii) granting the PI Claimants such other and further relief as this Court may deem just and proper. Dated: September 13, 2012 Wilmington, Delaware Respectfully submitted, MARGOLIS EDELSTEIN
AINSMAN, LEVINE & DREXLER, LLC Richard C. Levine, Esquire PA I.D. #36627 310 Grant Street, Suite 1500 Pittsburgh, PA 15219 (412) 338-9030 (412) 338-9167 fax rlevine@aldlawfirm.com
Counsel to Donald Smodic and Dory Smodic
.. IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY COMMONWEALTH OF PENNSYLVANIA DONALD SMODIC and DORY SMODIC, his wife, Plaintiffs v. ROBERT E. HUMMEL, JR., ALLIED SYSTEMS, LTD, and ALLIED HOLDINGS, INC., Defendants CIVIL DIVISION MOTION IN LIMINE REGARDING INSURANCE 11107-2007 JURY TRIAL DEMANDED FILED ON BEHALF OF: Defendant, Robert E. Hummel, Jr. COUNSEL OF RECORD FOR THIS PARTY: Patrick M. Carey, Esquire PAID# 50171 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 717 State Street- Suite 701 Erie, PA 16501 (814) 480-7800 (814) 455-3603- fax EXHIBIT j A IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY COMMONWEALTH OF PENNSYLVANIA DONALD SMODIC and DORY SMODIC, his wife, Plaintiffs v. ROBERT E. HUl''ll'wfEL, JR., ALLIED SYSTEMS, LTD, and ALLIED HOLDINGS, INC., Defendants CIVIL DIVISION 11107-2007 JURY TRIAL DEMANDED MOTION IN LIMINE REGARDING INSURANCE AND NOW, comes the Defendant, Robert E. Hummel, Jr., by and through his attorneys, Marshall, Dennehey, Warner, Coleman & Goggin and Patrick M. Carey, Esquire, and in support of the instant Motion in Limine, avers as follows: 1. This matter arises out of an automobile accident that occurred on or about january 9, 2006 on Interstate 376 in Westmoreland County, Pennsylvania. 2. In the above motor vehicle accident, a tractor trailer-car carrier driven by Defendant, Robert E. Hummel, Jr., on behalf of Allied Systems, Ltd., was involved in a low speed, low impact rear end collision with a pickup truck and utility trailer operated by the Plaintiff, Donald Smodic, during rush hour, "stop and go" traffic. 3. The Defendants, Robert E. Hummel, Jr., Allied Systems, Ltd. and Allied Holdings, Inc., have stipulated to and admitted liability for this accident. 4. The Defendants, Robert E. Hummel, Jr., Allied Systems, Ltd. and Allied Holdings, Inc., are all insured under a commercial liability policy issued by American International Companies, AIG, now referred to as Chartis Insurance Company. 5. Pennsylvania Rule of Evidence 411 provides: Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. This rules does not require the exclusion of evidence of insurance against iiabiiity when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness. Pennsylvania Rule of Evidence 411. 6. Defendant requests that the Plaintiff and any other party to this litigation be precluded from introducing any evidence to establish or suggest that the Defendants are covered by a policy of liability insurance or that any verdict entered by the jury would be paid by a policy of insurance. This evidence is highly prejudicial, has no probative value, and is specifically excluded by Pennsylvania Rules of Evidence. WHEREFORE, the Defendant respectfully requests an Order from this Honorable Court precluding any party from introducing evidence that the Defendants had liability insurance at the time of this accident. -2- Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: / ~ ~ ( I ~ _ Patrick M. Carey, E s ~ 7 PA lD # 50171 717 State Street- Suite 701 Erie, PA 16501 (814) 480-7803 pmcarey@mdwcg.com IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY COMMONWEALTH OF PENNSYLVANIA DONALD SMODIC and DORY SMODIC, his wife, Plaintiffs v. T'1l rll.r11T::"T'11 ...... r:< 1'1'1' Jll!l"ll,.-T.'T TT'11 .._I' T TT:'n l\.UD..1\.J L. flU1YUYJoL 1 jl\.. 1 l1.LLJLU SYSTEMS, LTD, and ALLIED HOLDINGS, INC., Defendants CIVIL DIVISION JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion in Limine Regarding Insurance was mailed to the following listed below this ;l.l. ,..gay of November, 2011 by courthouse box or United States First Class mail, postage pre-paid. Richard C. Levine, Esquire AINSMAN, LEVINE & DREXLER, LLC 330 Grant Street- Suite 1500 Grant Building Pittsburgh, PA 15219 16/252807.v1 Paul A. Custer, Esquire EISENBERG & TO RISKY 2925 One Oxford Centre 301 Grant Street Pittsburgh, P A 15219-6416 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN __ r __ Patrick M. Carey, Esquir IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY COMMONWEALTH OF PENNSYLVANIA DONALD SMODIC and DORY SMODIC, his wife, Plaintiffs v. nnnr.T'I'T' r. T_TTJll...-lt..t'T."T TT'I A IT TUn I\.VDJ::.ftl J::o, llULYUYlt::.L 1 ji\., 1 .M.LLIJ.:.U SYSTEMS, LTD, and ALLIED HOLDINGS, INC., Defendants ORDER CIVIL DIVISION 111 f\7 '")(\(\"'7 .l..l..l.Vf-.-VV/ JURY TRIAL DEMANDED AND NOW, to-wit, this __ day of _________ ~ 2011, upon consideration of the Defendant, Robert E. Hummel, Jr.'s, Motion in Limine Regarding Insurance, it is hereby ORDERED and DECREED that the Motion is GRANTED, and the parties shall be precluded from introducing any evidence that the Defendants had insurance coverage at the time of this accident. BY THE COURT: - - - - - - - - - - - - - - - - - - - - ~ J . Renewal of No. NEW Policy No. CA 979-90-48 MRt AMERICAN INTERNATIONAL COMPANIES 70 Pine Street New York, NY 10270 (2121 770-7000 Coverage is provided by AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY {a capital stock company) TRUCKERS DECLARATIONS ITEM ONE Named Insured & Mailing Address ALLIED HOLDINGS INC 160 CLAIREMONT AVENUE SUITE 200 DECATUR, GA 30030 Producer's Name & Mailing Address USI OF GEORGIA INC 4480 N SHALLOWFORD RD # 222 ATLANTA, GA 30338 FORM OF BUSINESS: llil CORPORATION 0 PARTNERSHIP 0 LIMITED LIABILITY COMPANY 0 INDIVIDUAL 0 OTHER POLICY PERIOD: From 01/01/2006 to 01/01/2007 at 12:01 A.M. Standard Time at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALl THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. POLICY PREMIUMS: PREMIUM FOR ENDORSEMENTS *ESTIMATED TOTAL PREMIUM $ INCLUDED $ 3,264,319 *This policy may be subject to final audit. Premium for Certified Acts of Terrorism Coverage Under Terrorism Risk Insurance Act 2002: $29,000 Included In Pol icy Premium SCHEDUlE OF STATE TAXES, FEES AN'o SURCHARGES, IF APPliCABlE:* "State Taxes, Fees and Surcharges shown are in addition to the above referenced Estimated Total Premium. ENDORSEMENTS ATTACHED TO THIS POLICY: ll 00 17- Common Policy Conditions (ll 01 46 in Washington) IL 00 21 - Broad Form Nuclear Exclusion (Not Applicable in New York) SEE ATTACHED FORMS SCHEDULE THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE. TOGETHER WITH THE CONDITIONS, COVERAGE FORMS, AND FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COI\.1 ABOVE NUMBERED POLICY EXHIBIT 46171 (7103) CA OS 14 02 03 .ll" ,,., (" Dole I Includes Services Office,lnc., Wth its permission. ISO Properties, Inc., 200 ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages v.tlere a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shov.n as covered Hautos". nAutos" are shovvn as covered "autos" for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Truckers Coverage Form next to the name of the coverage. COVERAGES I DAMAGE COVERED AUTOS (Entry of one or more of the symbols from tfle Covered Autos Section of the Truckers Coverage form shows which LIMIT THE MOST WE WILL PAY FOR ANY ONE ACCIDENT OR LOSS MINUS P.P.J. ENDORSEMENT MINUS $ SEPARATELY STATED IN EACH MEDICAL EXPENSE AND INCOME lOSS .$ BENEFITS ENDORSEMENT. ACTUAL CASH VALUE, COST OF REPAIR, OR ACTUAL CASH ' PREMIUM I CAUSES OF LOSS ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN I Covered Year, Model, Trade Name, Body Type Serial
Actuol Town & State The Auto No. Number lsi Vehicle Identification Number IVJN) Cost & Covered Auto Will Be Principally Now NEW {N) Garaged I PER sgi@ULE ON Fl LE WITH ! USED !Ui ro Covered Radius Business Size GVW,
Primary Code EXCEPT For Towing, All Physical Damage Loss Is Payable Auto No. Of u GCWOr Rating Rating To You And The loss Payee Named Below As Interests May Operation I'"'""' Vehicle F"' ""- Factor Appear At the Time Of The loss. ' Seating Liab. ::_ Capacity !PER nllLE 01 FILE W ITH I 46171 (7/03) CA OS 14 0203 Includes Services Office,lnc., with its permission. ISO Properties, Inc., 2000 Page 2of4 ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN (CONTINUED I Urn it Limit Stated In P.F.l. Enti. Minus Deductible COVERAGES PREMIUMS, LIMITS AND DEDUCTIBLE$ !Absence of a deductible or limit entry In any Premium Limit Stated Each P.J.P. End. Minus Deductible Shown Below COVERAGES PREMIUMS, LIMITS AND DECUCTIBLES [Absence of a deductible or limit entry in any column below manns that the limit or deductible entry In the corresponding ITEM TWO column applies Premium ' Expense And lncoms Loss Endorsement for Each Person COVERAGES - PREMIUMS, liMITS AND DEDUCTJBLES !Absence of a deductible or limit entry in any column below means that the limit or deductible enny in the corresponding ITEM TWO column applies Premium ADDED P.I.P. Limit Stated In Each Added P.I.P. End. Premium limit Stated In ITEM TWO Minus Deductible Shown TWO Minus Deductible Shown I TWO Minus Deductible Shown Below Disablement ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS LIABILITY COVERAGE- RATING BASIS, COST OF HIRE- AUTOS USED IN YOUR TRUCKING OPERATIONS ESTIMATED COST OF HIRE RATE PER EACH $100 COST OF HIRE TOTAl ESTIMATED PREMIUM ' ' 100.000 ' LIABILITY COVERAGE- RATING BASIS. COST OF HIRE -AUTOS NOT USED IN YOUR TRUCKING OPERATIONS STATE ESTIMATED COST OF HIRE RATE PEA EACH $100 FACTOR llf Li11bility PREMIUM FOR EACH STATE COST OF HIRE Coverage Is Primary) PER SCH DULB ON FILE WITH COM ANY >INCLUDED ' ' ' TOTl\L PRH.1!!JM INCLUDED 46171 17/031 CA OS 14 02 03 Includes co/fJ'rJI;lJiVIleC!fJpjlurance Services Office,lnc., 'IIIith its permission. ISO Properties, Inc., 2000 Page 3 of 4 D ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS (Cont'd) PHYSICAL DAMAGE COVERAGE LIMIT OF INSURANCE THE MOST ESTIMATED ANNUAL RATE PER EACH COVERAGES WE WILL PAY DEDUCTIBLE COST OF HIRE $:100 ANNUAL PREMIUM COST OF HIRE ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS
' . COMPREHENSIVE LESS. MINUS $ OED. FOR EACH COVERED AUTO, BUT NO DEDUCTIBLE APPLIES TO lOSS CAUSED BY FIRE OR LIGHTNING. SPECIFIED CAUSES OF ACTU.o\L C.I\.SH VALUE OR. COST OF REPAIR, WHICHEVER IS
; ' LESS, MINUS $ 25 OED. FOR EACH COVERED AUTO LOSS FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS ' ' ' COLLISION LESS, MINUS $ OED. FOR EACH COVERED AUTO. TOTAL PREMIUM $ Cost of H1re means: Ia} The total dollar amount of costs you incurred for the hire of automobiles (includes trailers and semitrailers), and if not included therein, (b) The total remunerations of all operators and drivers helpers, of hired automobiles v.flether hired 'vVith a driver by lessor or an of the lessee, or any other third party, and, (c) The total dollar amount of any other costs !i.e., repair, maintenance, fUel, etc.) directly associated 'llith operating the hired automobiles Vwtlether such costs are absorbed by the insured, paid to the lessor or owner, or paid to others. ITEM FiVE SCHEDULE FOR NON-OWNERSHiP UABILiTY RATING BASIS NUMBER PREMIUM Number Of Employees ON FILE $1 NCLUDED Number Of Partners $ TOTAL INCLUDED ITEM SIX TRAILER INTERCHANGE COVERAGE COVERAGES LIMIT DAILY ESTIMATED OF RATE PREMIUM INSURANCE COMPREHENSIVE ' ' SPECIFIED STATED ' ' CAUSES OF LOSS IN ITEM TWO COLLISION ' ' TOTAL PREMIUM ' ITEM SEVEN SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS - LIABILITY COVERAGE RATES ESTIMATED D Per $100 Of Gross Receipts PREMIUMS YEARLY 0 Per Mile LIABILITY AUTO MEDICAL MEDICAL INCOME LOSS LIABILITY AUTO MEDICAL MEDICAL INCOME LOSS Gross Receipts COVERAGE PAYMENTS EXPENSE BENEFITS COVERAGE PAYMENTS EXPENSE BENEFITS D MileBge BENEFITS IVA Only} BENEFITS IVA IVA Only} (VA Only} Only) '
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' ' ' ' ' ' ' ' ' ' ' ' ' TOTAL PREMIUMS
' ' ' MINIMUM PREMIUMS 1$ When used as a premium basis: Gross Receipts means the total amount to which you are entitled for shipping or transporting property during the policy period regardless of .....nether you or any other carrier originate the shipment or transportation, Receipts" includes the total amount received from renting equipment, With or .....;thout drivers, to anyone v.ho is not a and 15% of the total amount received from renting any equipment to any Gross Receipts does not include: A. Amounts you pay to railroads, steamship Jines, airlines and other motor carriers operating under their ov.n ICC or PUC permits. B. Advertising revenue. C. Taxes Vvflich you collect as a separate item and remit directly to a governmental division. D. C.O.D. collections for cost of mail or merchandise including colfectiun fees. E. Warehouse storage fees. 46171 {7/03) CADS 14 02 03 Includes co,/Jdrfi;-IJiVSeCJaflYurance Services Office,lnc., Wth its permission. ISO Properties, Inc . 2000 Page 4 of 4 5/GNUJ By signing below, the President and the Secretary of the Insurer agree on behalf of the Insurer to all the terms of this policy. President
AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY This policy shall not be valid unless signed at the time of issuance by an authorized representative of the Insurer, either below or on the Declarations page of the jJolicy.
'AUthOriZed Representative Archive Copy IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11 ) (Jointly Administered) ALLIED SYSTEMS HOLDINGS, INC., et al., 1 ) ) Case No. 12-11564 (CSS) Debtors. ) ) Related Docket Nos. ____
ORDER GRANTING MOTION OF DONALD SMODIC AND DORY SMODIC FOR RELIEF FROM THE AUTOMATIC STAY TO PURSUE PERSONAL INJURY CLAIM
Upon consideration of the motion of Donald Smodic and Dory Smodic (together, the PI Claimants) for relief from the automatic stay to pursue personal injury claim (the Motion) 2 , the Court having reviewed the Motion and the responses thereto, if any; the Court having found that adequate notice of the Motion having been given; and after due deliberation and sufficient cause appearing therefore, it is hereby: ORDERED, that the Motion is GRANTED; and it is further ORDERED, that the PI Claimants are granted relief from the automatic stay in order to proceed in all respects with the adjudication or settlement of the PI Claims, including collection on any judgment entered therein or any settlement proceeds resolving the PI Claims; and it is further
1 The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LC (59-2876864); Allied Systems (Canada) Company (90-0169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (87568228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38-2918187); Cordin Transport LLC (38-1985798); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (59-2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services, LLC (91-0847582). 2 Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Motion. ORDERED that the fourteen (14) day stay of this Order prescribed by Fed. R. Bankr. P. 4001(a)(3) is waived, and this Order is effective and enforceable immediately upon entry; and it is further ORDERED, that the PI Claimants may pursue the Debtors and any potentially responsible third parties for any claims arising out of or related to the collision; and it is further ORDERED, that this Court shall retain jurisdiction to adjudicate any disputes arising under or with respect to any other matters related to the implementation of this Order.
Dated: _____________________, 2012 _____________________________ The Honorable Christopher S. Sontchi United States Bankruptcy Judge File a Motion: 12-11564-CSS Allied Systems Holdings, Inc. U.S. Bankruptcy Court District of Delaware Notice of Electronic Filing
The following transaction was received from Stephanie Noble Tickle entered on 9/13/2012 at 4:35 PM EDT and filed on 9/13/2012 Docket Text: Motion for Relief from Stay pursuant to 362(d) to pursue Personal Injury Claim. Fee Amount $176. Filed by Donald and Dory Smodic. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Proposed Form of Order) (Tickle, Stephanie) The following document(s) are associated with this transaction:
12-11564-CSS Notice will be electronically mailed to:
Elihu Ezekiel Allinson, III on behalf of Interested Party OFFICIAL COMMITTEE OF UNSECURED CREDITORS ZAllinson@SHA-LLC.com, ecf@williamdsullivanllc.com;KDavis@SHA-LLC.com;hcoleman@sha-llc.com
Frank A. Anderson on behalf of Creditor Pension Benefit Guaranty Corporation anderson.frank@pbgc.gov, efile@pbgc.gov
Jose J Bartolomei on behalf of Interested Party Ford Motor Company bartolomei@millercanfield.com, millersr@millercanfield.com
Christopher R. Belmonte on behalf of Interested Party International Business Machines Corp. cbelmonte@ssbb.com, pbosswick@ssbb.com,managingclerk@ssbb.com,asnow@ssbb.com
Brad R. Berliner on behalf of Creditor Central States, Southeast and Southwest Areas Pension Fund bberliner@centralstates.org Type: bk Chapter: 11 v Office: 1 (Delaware) Assets: y Judge: CSS Case Flag: CLMSAGNT, LEAD, DsclsDue, MEGA, PlnDue, Sealed Doc(s) Case Name: Allied Systems Holdings, Inc. Case Number: 12-11564-CSS Document Number: 430 Document description:Main Document Original filename:I:\wpdocs\Smodic\Motion for Relief 9.13.12\Microsoft Word - Mtn for Relief from Stay.DOCX.pdf Electronic document Stamp: [STAMP bkecfStamp_ID=983460418 [Date=9/13/2012] [FileNumber=11071564-0 ] [6ae5903131747cea3cf7b16cc7e5847fdd0f159e41a840793dd42a146ffa2799eff 2c35d93cab5c1df1d29e846f144f639f3fbcd3db800d90075dd88b989dcc7]] Document description:Exhibit A Original filename:Ex A to Mtn for Relief from Stay.pdf Electronic document Stamp: [STAMP bkecfStamp_ID=983460418 [Date=9/13/2012] [FileNumber=11071564-1 ] [7380bcac3ec1acb28dec505ab9fba4f0c913bd85fde264fd90dc9469118f40a7921 9572090a81789dbead4dd02070cfce9b828cae7b652ebc0a6a16ec89e67fe]] Document description:Exhibit B Original filename:Ex B to Mtn for Relief from Stay.pdf Electronic document Stamp: [STAMP bkecfStamp_ID=983460418 [Date=9/13/2012] [FileNumber=11071564-2 ] [7baa747df01dcce22267f97573e265ec78715ba92140e269cb92afd4493a21c72f4 ac6db96a21dcd459080d16165c31eab1304ca77d7f9e15f015847fe5f551f]] Document description:Proposed Form of Order Original filename:Proposed Order.pdf Electronic document Stamp: [STAMP bkecfStamp_ID=983460418 [Date=9/13/2012] [FileNumber=11071564-3 ] [2ed7758fd57701be01cb5ea94ec365cda4e92f6c8869966ed99c844b7fad1e7d0bd 42c3a91cd0747e7292e221a69cb0debcdd1239c7051ea56f534a6d4fed9f4]] Page 1 of 7 Internal CM/ECF Live Database 9/13/2012 https://ecf.deb.uscourts.gov/cgi-bin/Dispatch.pl?395932814178302 IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11 ) (Jointly Administered) ALLIED SYSTEMS HOLDINGS, INC., et al., 2 ) ) Case No. 12-11564 (CSS) Debtors. ) ) Related Docket No. _____
ORDER GRANTING MOTION TO SHORTEN
IT IS HEREBY ORDERED that Motion to Shorten Pursuant to Del. Bankr. L.R. 9006-1 of Donald Smodic (Mr. Smodic) and Dory Smodic (Mrs. Smodic, together with Mr. Smodic, the PI Claimants) is GRANTED; it is further ORDERED that argument on the PI Claimants Motion for Relief from the Automatic Stay to Pursue Personal Injury Claim is scheduled for September 28, 2012 at 10:00 a.m.; and, it is further ORDERED that the deadline for all parties to respond to the PI Claimants Motion for Relief from the Automatic Stay to Pursue Personal Injury Claim is September 25, 2012.
Date: September _____, 2012 _______________________________ The Honorable Christopher S. Sontchi United States Bankruptcy Judge
2 The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LC (59-2876864); Allied Systems (Canada) Company (90-0169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (87568228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38-2918187); Cordin Transport LLC (38-1985798); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (59-2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services, LLC (91-0847582).