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Published on 5/3/2006 in the Prospect News Distressed Debt Daily.

Pliant noteholders ask court to resolve discovery dispute or postpone plan confirmation hearing

By Caroline Salls

Pittsburgh, May 3 - Pliant Corp.'s ad hoc committee of holders of its 11 1/8% senior secured notes due 2009 asked the U.S. Bankruptcy Court for the District of Delaware to resolve a discovery dispute between the noteholders and the company or postpone the confirmation hearing for Pliant's plan of reorganization, according to a Wednesday court filing.

According to the motion, Pliant is attempting "to conduct highly unusual and broad discovery of persons who will not be testifying at the upcoming [plan confirmation] hearing."

The committee said the attempted committee member discovery is not part of the discovery schedule ordered by the court, and is "designed to harass, intimidate and deflect the committee and its members."

The committee said had it known its members would be subject to discovery, it would have requested a much longer period between the original discovery requests and the plan confirmation hearing.

A hearing is scheduled for May 5.

Pliant, a Schaumburg, Ill., producer of film and flexible packaging products, filed for bankruptcy on Jan. 3. Its Chapter 11 case number is 06-10001.


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