U.S. Bankruptcy Court
Southern District of New York (Manhattan)
Bankruptcy Petition #: 02-12947-ajg
Chapter 11
Voluntary
Asset /
Date Filed: 06/17/2002
XO Communications, Inc.
11111 Sunset Hills Drive
Reston, VA 20190
Tax id: 54-1983517
Debtor / represented by / Andrew L. Buck
Jones Day
222 East 41st Street
New York, NY 10017
(212) 326-3939
Fax : (212) 755-7306
Email:
John Robert Oller
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
(212) 728-8252
Fax : (212) 728-8111
Email:
John J. Rapisardi
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
(212) 310-8000
Fax : (212) 310-8007
Email:
Matthew Allen Feldman
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
(212) 728-8000
Fax : (212) 728-8111
Email:
Patrick J. Potter
Shaw Pittman LLP
2300 "N" Street, N.W.
Washington, DC 20037-1128
(202) 663-8928
Fax : (202) 663-8007
Email:
Scott J. Friedman
Jones Day
222 East 41st Street
New York, NY 10017
(212) 326-3939
Fax : (212) 755-7306
Email:
Shelley C. Chapman
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
(212) 728-8268
Fax : (212) 728-8111
Email:
Tonny K. Ho
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
(212) 728-8000
Fax : (212) 728-8111
Email:
United States Trustee
33 Whitehall Street
21st Floor
New York, NY 10004
(212) 510-0500
U.S. Trustee / represented by / Paul Kenan Schwartzberg
Office of the United States Trustee
33 Whitehall Street
21st Floor
New York, NY 10004
(212) 510-0500
Fax : (212) 668-2255
Erisa Plaintiffs
Interested Party / represented by / Edwin J. Mills
Stull, Stull & Brody
6 East 45th Street
New York, NY 10017
(212) 687-7230
Fax : (212) 490-2022
Email:
Filing Date / # / Docket Text
06/17/2002 / 1 / Voluntary Petition (Chapter 11). Order for Relief Entered.. Chapter 11 Plan due by 10/15/2002, Disclosure Statement due by 10/15/2002, Initial Case Conference due by 7/17/2002, Filed by Tonny K. Ho of Willkie Farr & Gallagher on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Attachment-Secretary's Certificate# 3 Attachment-Thirty Largest Unsecured Creditors) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / Receipt of Voluntary Petition (Chapter 11)(02-12947) [misc,824] ( 830.00) Filing Fee. Receipt number 0208B1341308. Fee amount 830.0. (U.S. Treasury) (Entered: 06/17/2002)
06/17/2002 / 2 / Application to Employ and Retain Willkie Farr & Gallagher as Attorneys for Debtor and Debtor in Possession filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Attachment - Proposed Order) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 3 / Application to Appoint re: Application for Order Approving Debtor's Agreement with Bankruptcy Services LLC and Appointing Bankruptcy Services LLC as Notice, Claims and Balloting Agent for the Clerk for the Bankrupcty Court Pursuant to 28 U.S.C. 156(c) filed by Matthew Allen Feldman on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order) (Feldman, Matthew) (Entered: 06/17/2002)
06/17/2002 / 4 / Application to Employ re: Application of Debtor for Order Authorizing Debtor to Employ and Retain Davis Wright Tremaine LLP as Special Counsel filed by Matthew Allen Feldman on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Proposed Order) (Feldman, Matthew) (Entered: 06/17/2002)
06/17/2002 / 5 / Motion to Authorize re: Motion for Order Authorizing the Employment of Professionals Utilized in the Ordinary Course of the Debtor's Business filed by Matthew Allen Feldman on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Proposed Order) (Feldman, Matthew) (Entered: 06/17/2002)
06/17/2002 / 6 / Motion to Authorize re: Debtor's Motion for Order (A) Authorizing Debtor to (i) continue intercompany accounting and cash management procedures, (ii) maintain existing bank accounts and business forms, and (iii) continue prepetition investment practices; and (B) waiving Section 345 investment requirements filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 7 / Motion to Authorize re: Motion for Entry of Order pursuant to Sections 363(b) and 105(a) of the Bankruptcy Code authorizing payment of prepetition (i) employee wages, salaries and other compensation, (ii) employee medical, dental and similar benefits, and (iii) reimbursable employee expenses filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Proposed Order) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 8 / Motion for Adequate Protection re: Motion for Order: (A) deeming utility companies adequately assured of future performance; and (B) establishing procedures for determining requests for additional adequate assurance pursuant to Section 366 of the Bankruptcy Code filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Attachments: # 1 Proposed Order) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 9 / Motion to Authorize re: Motion of Debtor for order authorizing the Debtor to mail initial notices and to file a list of creditors (without claim amounts) in lieu of a matrix filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Attachments: # 1 Proposed Order) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 10 / Motion to Pay Taxes re: Debtor's Motion for order authorizing Debtor to pay prepetition trust fund taxes in the ordinary course filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Attachments: # 1 Proposed Order) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 11 / Motion to Authorize re: Motion of Debtor for order pursuant to Sections 363(b) and 105(a) of the Bankruptcy Code authorizing Debtor to pay certain prepetition trade claims to Critical Trade Creditors filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Proposed Order) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 12 / Motion to Approve re: Motion for Orders (A) scheduling hearing to consider approval of Disclosure Statement for Plan of Reorganization, and establishing notice procedures relating thereto, (B) approving Disclosure Statement as having adequate information, and (C) granting other and further relief filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order# 4 Proposed Order To Show Cause# 5 Affidavit of Tonny Ho) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 13 / Motion to Set Last Day to File Proofs of Claim re: Motion for Order under Fed. R. Bank. P. 3003(c)(3) fixing deadline for filing proofs of claim and approving form and manner of notice thereof filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Attachments: # 1 Proposed Order) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 14 / Disclosure Statement With Respect to The Plan of Reorganization for XO Communications, Inc. filed by Matthew Allen Feldman on behalf of XO Communications, Inc.. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C# 4 Appendix D# (5) Appendix E# 6 Appendix F)(Feldman, Matthew) (Entered: 06/17/2002)
06/17/2002 / 15 / Chapter 11 Plan of Reorganization For XO Communications, Inc. filed by Matthew Allen Feldman on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Feldman, Matthew) (Entered: 06/17/2002)
06/17/2002 / 16 / Motion to Authorize Debtor's Motion for Order: (A) Authorizing & Approving Break-Up Payment & Expense Reimbursement in Connection with Proposed Equity Investment; (B) Scheduling Hearing & Establishing Notice Procedures Related thereto; and (C) Granting Related Relief filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Attachment - Proposed Order# 3 Attachment - Proposed Order to Order to Show Cause# 4 Attachment - Affidavit of Tonny K. Ho) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 17 / Affidavit of Wayne M. Rehberger Pursuant to Local Bankruptcy Rule 1007-2 and in Support of First-Day Motions filed by Matthew Allen Feldman on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J)(Feldman, Matthew) (Entered: 06/17/2002)
06/17/2002 / 18 / Application to Employ re: Application of Debtor for Order Authorizing Employment and Retention of Houlihan Lokey Howard & Zukin Capital as its Financial Advisor Pursuant to Secs. 327 and 328(a) of the Bankruptcy Code filed by Matthew Allen Feldman on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Attachment - Proposed Interim Order) (Feldman, Matthew) (Entered: 06/17/2002)
06/17/2002 / 19 / Application to Employ re: Application of Debtor and Debtor in Possession for Order Authorizing Retention and Employment of Ernst & Young LLP to Perform Certain Auditing, Accounting and Tax Services filed by Matthew Allen Feldman on behalf of XO Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Attachment - Proposed Order) (Feldman, Matthew) (Entered: 06/17/2002)
06/17/2002 / 20 / Notice of Appearance And Request For Service filed by Jeff J. Friedman on behalf of Qwest Communications Corporation and Qwest Corporation. (Friedman, Jeff) (Entered: 06/17/2002)
06/17/2002 / 21 / Amended Motion for Adequate Protection re: Amended Motion for Order Deeming Utility Companies Adequately Assured of Future Performance Pursuant to Section 366 of the Bankruptcy Code (related document(s)8) filed by Matthew Allen Feldman on behalf of XO Communications, Inc.. with hearing to be held on 7/2/2002 (check with court for location) (Attachments: # 1 Notice of Hearing# 2 Proposed Order) (Feldman, Matthew) (Entered: 06/17/2002)
06/17/2002 / 22 / Application for Interim Professional Compensation Application for Administrative Order Under Local Rule 2016-1 and 11 U.S.C. Section 105(a) and 331 Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals. filed by Tonny K. Ho, XO Communications, Inc.. with presentment to be held on 7/9/2002 (check with court for location) (Attachments: # 1 Exhibit A (Proposed Order)# 2 Notice of Presentment of Order) (Ho, Tonny) (Entered: 06/17/2002)
06/17/2002 / 23 / Motion to Extend Time Motion of Debtor for Order Pursuant to Section 365(d)(4) of the Bankruptcy Code Extending the Time Within Which the Debtor May Assume or Reject Unexpired Leases of Nonresidential Real Property filed by Tonny K. Ho on behalf of XO Communications, Inc.. With Hearing to be Held on 7/9/2002 @10:00AM in Courtroom 523. (Attachments: # 1 Exhibit A# 2 Proposed Order# 3 Notice of Hearing) (Ho, Tonny) Modified on 6/18/2002 (Bush, Brent). (Entered: 06/17/2002)
06/18/2002 / 24 / Affidavit of Service of Ahmand Johnson re: Notice of Filing for Relief under Chapter 11 of Title 11 of the United States Code and Notice of Hearings respecting certain filed motions and applications filed by Tonny K. Ho on behalf of XO Communications, Inc.. (Ho, Tonny) (Entered: 06/18/2002)
06/18/2002 / 25 / Order signed on 6/18/2002 authorizing in an interim basis the employment of professionals utilized in the ordinary course of the debtor's business (related document(s)5). If objections are filed to the relief requested by the motion on a permanent basis a hearing will be held on 7/9/2002 at 11:00 AM at Courtroom 523 (AJG). (DePierola, Jacqueline) (Entered: 06/18/2002)
06/18/2002 / 26 / Order signed on 6/18/2002 authorizing debtor on an interim basis to employ and retain Davis Wright Tremaine LLP as special counsel (related document(s)4). If objections are filed to the relief requested by the motion on a permanent basis a hearing will be held on 7/9/2002 at 11:00 AM at Courtroom 523 (AJG). (DePierola, Jacqueline) (Entered: 06/18/2002)
06/18/2002 / 27 / Order signed on 6/18/2002 authorizing on an interim basis retention of Ernst & Young LLP to perform auditing, accounting, tax and related services (related document(s)19). If objections are filed to the relief requested by the application on a permanent basis a hearing will be held on 7/9/2002 at 11:00 AM at Courtroom 523 (AJG). (DePierola, Jacqueline) (Entered: 06/18/2002)
06/18/2002 / 28 / Interim Order signed on 6/18/2002 authorizing retention of Houlihan Lokey Howard & Zukin Capital as financial advisor to debtor (related document(s)18). If objections are filed to the relief requested by the application on a permanent basis a hearing will be held on 7/9/2002 at 11:00 AM at Courtroom 523 (AJG). (DePierola, Jacqueline) Modified on 6/19/2002 (Bush, Brent). (Entered: 06/18/2002)
06/18/2002 / 29 / Order signed on 6/18/2002 authorizing retention of Willkie Farr & Gallagher on an interim basis as attorneys for the debtor (related document(s)2). If objections are filed to the relief requested by the application on a permanent basis a hearing will be held on 7/9/2002 at 11:00 AM at Courtroom 523 (AJG). (DePierola, Jacqueline) (Entered: 06/18/2002)
06/18/2002 / 30 / Order signed on 6/18/2002 authorizing debtor to pay prepetition trust fund taxes in the ordinary course (Related Doc # 10). (DePierola, Jacqueline) (Entered: 06/18/2002)
06/18/2002 / 31 / Order signed on 6/18/2002 authorizing debtor to continue intercompany accounting and cash management procedures; maintain existing bank accounts and business forms' and continue prepetition investment practices; and waiving section 345 investment requirements (Related Doc # 6). (DePierola, Jacqueline) (Entered: 06/18/2002)
06/18/2002 / 32 / Order signed on 6/18/2002 authorizing debtor to mail initial notices and to file a list of creditors (without claim amounts) in lieu of a matrix (Related Doc # 9). (DePierola, Jacqueline) (Entered: 06/18/2002)
06/18/2002 / 33 / OSC signed on 6/18/2002 RE: motion authorizing and approving a break-up payment and expense reimbursement in connection with proposed equity investment (related document(s)16). With hearing to be held on 7/12/2002 at 10:00 AM at Courtroom 523 (AJG). (DePierola, Jacqueline) (Entered: 06/18/2002)
06/18/2002 / 34 / OSC signed on 6/18/2002 scheduling hearing to consider approval of disclosure statement (related document(s)14, 12). With hearing to be held on 7/19/2002 at 10:00 AM at Courtroom 523 (AJG). (DePierola, Jacqueline) (Entered: 06/18/2002)
06/18/2002 / 35 / Order signed on 6/18/2002 authorizing debtor's payment of prepetition Critical Trade Claims of Critical Trade Creditors (Related Doc # 11). (DePierola, Jacqueline) (Entered: 06/18/2002)
06/18/2002 / 36 / Order signed on 6/18/2002 authorizing payment of prepetition (i) employee wages, salaries and other compensation, (ii) employee medical, dental and similar benefits, and (iii) reimbursable employee expenses (Related Doc # 7). (DePierola, Jacqueline) (Entered: 06/18/2002)