Owens Corning dismisses requests to terminate consultants, mediator

By Jeff Pines

Washington, July 12 - Owens Corning said the request by an unsecured creditor to terminate three consultants is moot since they no longer have any role in the Toledo, Ohio-based building materials company's bankruptcy.

An unsecured creditor, Michael Pope, asked the court to disqualify Judson Hamlin, David Gross and Francis McGovern, who were advisers to Judge Alfred Wolin, who until recently presided over the case. Pope also wanted the court to force them to return their fees.

Since the case was reassigned to another judge, the consultants' role ended, so the issue is moot, Owens Corning said in a Friday filing with the U.S. Bankruptcy Court for the District of Delaware.

As for disgorging fees, the company said none of the consultants had any fiduciary responsibility to Owens Corning, or anyone else in the case, so there is no legal basis for them to return their fees.

In a related filing Friday, Owens Corning also said a request to have McGovern terminated as a mediator was moot, too.

McGovern's role ended June 30, so there is no reason to terminate someone who is no longer working on a case.

Kensington International Ltd., Springfield Associates LLC and Angelo Gordon filed the request.

A July 19 hearing is scheduled.

Owens Corning filed for bankruptcy on Oct. 5, 2000. Its Chapter 11 case number is 00-03837.

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