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Nufleet asks court to appoint Chapter 11 trustee for Oglebay Norton
By Jeff Pines
Washington, Oct. 26 - Nufleet LLC, an Oglebay Norton Co. creditor, wants the court to appoint a Chapter 11 trustee, according to a Tuesday filing with the U.S. Bankruptcy Court for the District of Delaware.
Earlier this month, Nufleet asked the court to convert the Cleveland-based minerals company's Chapter 11 case to a Chapter 7 liquidation.
Nufleet, which is offering to acquire Oblebay Norton for $496 million and the assumption of $50 million of benefit liabilities, believes a trustee is needed because Oglebay Norton's has not dealt fairly with the asbestos and silica tort claims, has not proposed a confirmable plan, has ignored Nufleet's offer to buy the company, and has "frustrated every attempt of the Nufleet consortium to acquire reasonable due diligence regarding its purchase offer."
Nufleet estimates a liquidation would give creditors at least 41.9 cents on the dollar compared with the company's plan of 27.7 cents on the dollar.
A hearing on converting the case to a Chapter 7 liquidation and on appointing a trustee is scheduled for Nov. 15.
Oglebay Norton filed for bankruptcy on Feb. 23, 2004. Its Chapter 11 case number is 04-10558.
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