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Joe Eisenberg has said much the same thing to one of our clients, saying
that the PX filed, not the trust, and the the bankruptcy relates only to the PX in its own capacity and not as trustee. Eisenberg plans to file some sort of motion soon to clarify this. -----Original Message----- From: Ronald Carroll [mailto:rcarroll@bracepatt.com] Sent: March 12, 2001 11:24 AM To: nolan.steiner@avistacorp.com; dvermillion@avistaenergy.com; Andrea Settanni; Jeffrey Watkiss; Kimberly Curry; gfergus@brobeck.com; andrzej_kabarowski@cargill.com; phillip_fantle@cargill.com; psteel@coral-energy.com; psteele@coral-energy.com; rreilley@coral-energy.com; elizabeth.sager@enron.com; mary.hain@enron.com; richard.b.sanders@enron.com; smara@enron.com; snovose@enron.com; sstack@enron.com; jfrizzell@gibbs-bruns.com; sbishop@gibbs-bruns.com; gerspamer@mofo.com; kirvin@mofo.com; kzeitlin@mofo.com; rloeffler@mofo.com; jmcgrane@morganlewis.com; mgriffen@morganlewis.com; bcurrey@omm.com; jstamper@omm.com; mawilliams@omm.com; john.fryer@pacificorp.com; nancy.loftin@pinnaclewest.com; Timothy.Bolden@pinnaclewest.com; dmperlman@powersrc.com; rosteen@powersrc.com; hao@quinnemanuel.com; dgarber@sempra.com; wdsmith@sempra.com; rbeitler@sempratrading.com; paramfjord@stoel.com; rcjosephson@stoel.com; SJkaplan@stoel.com; mbrosterman@stroock.com; mgoldstein@stroock.com; pjazayeri@stroock.com; theftler@stroock.com; ayudkowsky@strook.com; CFR@vnf.com; GDB@vnf.com; HES@vnf.com; JRR@vnf.com Subject: Re: Response to PX Answer to Chargeback Complaint I spoke with Lisa Urich, in-house attorney for the PX. She said that the bankruptcy filing did not list the collateral or dollars received as part of the PX's clearinghouse function as assets, and has been advised by the PX's bankruptcy attorney that they are not involved in the bankruptcy action. She said that the purpose of the bankruptcy filing relates only to vendors. <<< Jeffrey Watkiss 03/12/01 02:07PM <<< The Chapter 11 filing, I suspect, will receive a lot of attention on the 3:00 pm call. <<< "Howard Shapiro" <HES@vnf.com< 03/12/01 12:24PM <<< Thanks for the draft. We are informed that the PX has filed in Chapter 11. It may argue that FERC's proceedings fall within the automatic stay, and that even if they don't, the accounting we are proposing inappropriately overlaps the role of the bankruptcy court. ============================================================================ This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail @mofo.com, and delete the message. Thank you very much. ============================================================================
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