In re Pacific Gas & Electric Co.

Good Law
2002 WL 449567·2002 Bankr. LEXIS 510·275 B.R. 1
United States Bankruptcy Court, Northern District of CaliforniaMarch 18, 2002No. 01-30923DMCalifornia1,889 words

Opinion

Lead Opinion

Montali, J.

*2 ORDER AND JUDGMENT DISAPPROVING DISCLOSURE STATEMENT; RULE 54(b) CERTIFICATION

Bankruptcy Judge.

I. DISAPPROVAL OF DISCLOSURE STATEMENT

For the reasons stated in the court’s Memorandum Decision Regarding Preemption and Sovereign Immunity filed on February 7, 2002 (“Memorandum Decision”), the Plan (as defined in the Memorandum Decision) could not be confirmed as a matter of law. Therefore the Disclosure Statement (also as defined in the Memorandum Decision) is DISAPPROVED.

II. REQUEST FOR FINAL JUDGMENT

This Order and Judgment Disapproving Disclosure Statement (“Order”) is issued pursuant to Rules 54(b) and 58 of the Federal Rules of Civil Procedure and Rules 7054, 9014 and 9021 of the Federal Rules of Bankruptcy Procedure (the “Rules”), upon the Request For Final Judgment and/or Order Re Express Preemption (“Request”) filed on February 21, 2002, by Debtor, Pacific Gas and Electric Company (“PG & E”, and with its corporate parent, PG & E Corporation, “Proponents”) for a separate and final order regarding the matter of express preemption addressed by the Memorandum Decision, which sustained the objections of the State of California (“State”), the California Public Utilities…

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