Hafnium

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Monday, July 27, 2009

Grupo Mexico amends its Asarco reorganization plan

Grupo Mexico amends its Asarco reorganization plan
"MEXICO CITY, July 27 (Reuters) - Grupo Mexico has amended its reorganization plan for bankrupt U.S. subsidiary Asarco .....

Asarco said last week it would sell the Southern Copper shares won in the Brownsville decision and had already contacted more than 100 potential bidders.

But Grupo Mexico countered that the shares cannot be sold until the Brownsville appeal was decided. Grupo Mexico set aside $1.3 billion in an escrow account as a guarantee to creditors.....(Reporting by Mica Rosenberg, editing by Gerald E. McCormick)"


MEANWHILE THE USA FEDERAL DEPT. OF JUSTICE, THE USA FEDERAL EPA, and the ASARCO BANKRUPTCY COURT are IGNORING the now PUBLIC  EPA-DOJ Asarco confidential-for-settlement-purposes-only document that details how ASARCO deliberately and secretly burned toxic wastes for profit for nearly ten-years along the Rio Grande..... (NYTimes 10/2006).   

Asarco's attorney(s) state that this illegal activity never happened (?!?!) and that the GAO investigation proved it (The GAO investigation did not "investigate" Asarco" - that was not the purpose of that GAO report/investigation).   These attorney(s) are acting as if this now-public document was STILL SECRET.  

BY TOTALLY IGNORING THE ASARCO LIABILITIES FROM THE SECRET TOXIC-WASTES HANDLED AT ENCYCLE/ELPASO/E.HELENA,  ASARCO's CORPUS CHRISTI BANKRUPTCY is perpetuating a fraud.

THIS NEEDS CORRECTED BY HONEST PEOPLE IN OUR FEDERAL DOJ.   That formerly confidential for settlement purposes only document IS NOT CONFIDENTIAL ANY MORE.  IT IS NOW A PUBLIC DOCUMENT and the DOJ, EPA and Bankruptcy Court should be disclosing the secret toxic wastes.

THE COMMUNITY OF the Paso del Norte (El Paso, Sunland Park) plead with our Federal Government to deliver honest DOJ oversight of the Bankrupcty in Corpus Christi before it the powers-that-be get away with "cleaning up" ASARCO at the expense of ignoring the sick, the babies, the elderly and infirm of our region who depend upon their government to protect them.




Sunday, July 26, 2009

ASARCO_Hearing_August_10

Case 05-21207 Document 11899 Filed in TXSB on 07/06/09 Page 330 of 341
"26.2 Confirmation Hearing.
Section 1128(a) of the Bankruptcy Code requires the court, after notice, to hold a hearing on
confirmation of a proposed plan. The Confirmation Hearing has been scheduled to commence on August 10, 2009 at
9:00 a.m. before the Honorable Richard S. Schmidt, United States Bankruptcy Judge for the Southern District of Texas, in
his courtroom located at 1133 N. Shoreline Blvd., Second Floor, Corpus Christi, Texas. In order to obtain the protections
of section 524(g) of the Bankruptcy Code, the Confirmation Order must be issued or affirmed by the District Court. Thus,
the Bankruptcy Court and the District Court may jointly conduct the Confirmation Hearing.
Alternatively, if solely the
Bankruptcy Court conducts the Confirmation Hearing and enters the Confirmation Order, the Debtors shall ask the District
Court to affirm the Confirmation Order. The Confirmation Hearing may be adjourned from time to time without further
notice except for an announcement of the adjourned date made at the Confirmation Hearing or any subsequent adjourned
Confirmation Hearing.
Section 1128(b) of the Bankruptcy Code provides that any party in interest may object to confirmation
of a plan. Unless otherwise directed or permitted by the Bankruptcy Court, any objection to Confirmation of any of the
Plans must (a) be in writing; (b) conform to the Bankruptcy Rules; (c) set forth the name of the objecting party; (d)
identify the nature of Claims or Interests held or asserted by the objector against the Debtors’ Estates or property; (e) state
the basis for the objection and the specific grounds therefor; and (f) be filed with the clerk of the Bankruptcy Court,
together with proof of service, and served upon each of the following
so as to be received in the offices of each such
Persons no later than July 29, 2009 at 4:00 p.m., Prevailing Central Time:
  • (1) Jack L. Kinzie, Judith Ross, James RPrince, Baker Botts L.L.P., 2001 Ross Avenue, Dallas, Texas 75201-2980;
  •  (2) Tony M. Davis, Mary Millwood GregoryBaker Botts L.L.P., One Shell Plaza, 910 Louisiana, Houston, Texas 77002-4995;
  • (3) Shelby A. Jordan, Jordan, Hyden,Womble, Culbreth & Holzer, P.C., Suite 900, Bank of America, 500 North Shoreline, Corpus Christi, Texas 78471;
  • (4) Robert E. Winter, Milbank, Tweed, Hadley & McCloy LLP, 1850 K. Street, 11th Floor, Washington, D.C. 20006
  • (5) Robert Jay Moore, Milbank, Tweed, Hadley & McCloy LLP, 601 South Figueroa Street, 30th Floor, Los AngelesCalifornia 90017;
  • (6) Charles A. Beckham, Jr., Trey Monsour, Haynes and Boone LLP, 1 Houston Center1221 McKinney, Suite 2100, Houston, Texas 77010;
  • (7) James C. McCarroll, Reed Smith LLP, 599 Lexington Avenue29th Floor, New York, NY 10022;
  •  (8) Paul M. Singer, Reed Smith LLP, 435 Sixth Avenue, Pittsburgh, PA 15219
  • (9) Derek J. Baker, Reed Smith LLP, 2500 One Liberty Place, Philadelphia, PA 19103;
  • (10) Sander L. Esserman, JacoNewton, Stutzman, Bromberg, Esserman & Plifka, 2323 Bryan Street, Suite 2200, Dallas, Texas 75201;
  • (11) John HTate, II, Raymond W. Battaglia, Debra L. Innocenti, Oppenheimer, Blend, Harrison & Tate, Inc., 711 NavarroSixth Floor, San Antonio, Texas 78205;
  • (12) David L. Dain and Alan S. Tenenbaum, United States Department of JusticeEnvironmental Enforcement Section, 601 D Street NW, Washington, DC 20004 (overnight mail only); [THE_PEOPLE_IGNORING_NOW-PUBLIC_"confidential-for-settlement-purposes--only"EPA_DOJ"73page_document??]
  • (13) Douglas PBartner, Randy Martin, Shearman & Sterling LLP, 599 Lexington Avenue, New York, New York 10022;
  • (14) Richard MSeltzer, Cohen, Weiss and Simon LLP, 330 West 42nd Street, New York, NY 10025; +
  • (15) United States TrusteeAttn: Charles R. Sterbach, 606 N. Carancahua St., Ste. 1107, Corpus Christi, TX 78476; [THE_PEOPLE_IGNORING_NOW-PUBLIC_"confidential-for-settlement-purposes--only"EPA_DOJ"73page_document??]
  • (16) Thomas Moers Mayer anGregory A. Horowitz, Kramer Levin Naftalis and Frankel LLP, 1177 Avenue of the Americas, New York, New York10036; and
  • (17) Phillip L. Lamberson and J. Frasher Murphy, Winstead PC, 5400 Renaissance Tower, 1201 Elm StreetDallas, Texas 75270.