# Exhibit III-4. Local Rule on Omnibus Objections to Claims

Delaware Local Bankruptcy Rule 3007-1\
[Omnibus Objections to Claims]{.underline}

\(a\) [Scope of Rule]{.underline}. This Local Rule applies to any
objection to the allowance of a claim under an omnibus objection (i.e.,
an objection to claims asserted by more than one claimant)
("Objection"). To the extent of any inconsistency between this Local
Rule and Fed. R. Bankr. P. 3007, this Local Rule governs omnibus
objections to claims.

\(b\) [Effect of Rule]{.underline}. In addition to complying with those
sections of the Code and those rules of the Fed. R. Bankr. P. generally
applicable to an objection to the allowance of a claim, any Objection
shall comply with the information and certification requirements listed
in Local Rule 3007-1(c)-(f).

\(c\) [Filed v. Scheduled Claim]{.underline}. If a claim has been
scheduled on the debtor\'s schedules of liabilities and is not listed as
disputed, contingent or unliquidated and a proof of claim has not been
filed under Fed. R. Bankr. P. 3003, 3004 and/or 3005, the debtor may not
object to the claim. Instead, the debtor must amend the schedules under
Fed. R. Bankr. P. 1009 and provide notice as required by Local Rule
1009-2.

\(d\) [Substantive v. Non-Substantive Objections]{.underline}. An
Objection is deemed to be on a substantive basis unless it is based on
one or more of the following:

\(i\) A duplicate claim; provided, however, that a claim filed against
two different debtors is not a duplicate claim unless the cases have
been substantively consolidated by order of the Court;

\(ii\) A claim filed in the wrong case;

\(iii\) An amended or superseded claim;

\(iv\) A late filed claim;

\(v\) A claim filed by a shareholder based on ownership of stock;
provided, however, that an Objection with respect to a claim filed by a
shareholder for damages shall be deemed a substantive Objection;

\(vi\) A claim that does not have a basis in the debtor's books and
records and does not include or attach sufficient information or
documentation to constitute prima facie evidence of the validity and
amount of the claim, as contemplated by Fed. R. Bankr. P. 3001(f);
*provided, however*, that if the Court determines that the claim
attaches or includes sufficient information or documentation and is
otherwise in compliance with applicable rules, then the Objection shall
be deemed substantive. Any Objection under this subsection must be
supported by an affidavit or declaration that states that affiant or
declarant has reviewed the claim and all supporting information and
documentation provided therewith, made reasonable efforts to research
the claim on the debtor\'s books and records and believes such
documentation does not provide prima facie evidence of the validity and
amount of the claim;

\(vii\) A claim that is objectionable under 11 U.S.C. § 502(e)(1);

\(viii\) Incorrect classification of a claim; provided, however, that an
Objection based on incorrect classification of a claim (A) is separately
filed, (B) provides in its title (or otherwise conspicuously states)
that substantive rights may be affected by this Objection and by any
further Objection that may be filed and (C) otherwise complies with
these Local Rules;

\(ix\) A claim that has been satisfied or released during the case in
accordance with the Code, applicable rules, or a court order;

\(x\) A claim for priority in an amount that exceeds the maximum amount
under 11 U.S.C. § 507 of the Code; and

\(xi\) A claim that asserts an interest in property of the debtor that
does not comply with the requirements of Fed. R. Bankr. P. 3001 (c) or
(d).

\(e\) [General Requirements for Objections]{.underline}.

\(i\) [Objection]{.underline}. Each Objection shall conform to the
following requirements:

\(A\) Each Objection shall be filed as either substantive or
non-substantive, but not both. A particular claim may be subject to both
a substantive and a non-substantive Objection;

\(B\) The title of the Objection shall clearly state whether the
Objection is on substantive or non-substantive grounds;

\(C\) Objections shall be numbered consecutively regardless of basis,
[i.e.]{.underline}, 1st Omnibus (duplicate), 2nd Omnibus (amended and
superceded); not 1st Omnibus (duplicate), 1st Omnibus (amended and
superceded);

\(D\) Exhibit(s) of claims to which the Objection relates, which
exhibit(s) shall be consistent with Local Rule 3007-1(e)(iii) and must
be attached to the Objection; and

\(E\) The Objection shall also contain a statement by the objector or
the objector\'s counsel that the Objection complies with this Local
Rule.

\(ii\) Affidavit or Declaration. If an affidavit or declaration is filed
in support of the Objection, it shall state that the information
contained in the exhibit is true and correct to the best of the
affiant\'s or declarant\'s knowledge and belief.

> \(iii\) [Exhibits]{.underline}.

\(A\) Each exhibit attached to an Objection shall include, at a minimum,
the information identified in the following table, with such information
entered in the respective boxes as appropriate:

  ----------------- -------------- -------------- -----------------------
  (1)\              (2)\           (3)\           (4)\
  Name of Claimant  Claim Number   Claim Amount   Reason for Disallowance

                                                  

                                                  
  ----------------- -------------- -------------- -----------------------

\(B\) Each exhibit shall contain only those claims to which there is one
common basis for objection ([e.g*.*]{.underline}, exhibit A duplicate
claims; exhibit B amended or superseded claims).

\(C\) A claim for which there are two or more bases for objection
([e.g.]{.underline}, a claim that is both duplicative and late filed)
shall be referenced on each applicable exhibit.

\(D\) Each exhibit shall have the claims listed alphabetically by the
last name of the claimant (in the case of an individual) or the name of
the entity (in the case of a corporation, partnership, limited liability
company, [etc]{.underline}.).

\(E\) If an Objection seeks to reduce the amount of a claim, a column
shall be added between columns (3) and (4) titled \"Modified Claim
Amount\" and column (4) shall be changed from "Reason for Disallowance"
to "Reason for Modification."

  ---------- -------------- -------------- -------------- ------------------
  (1)\       (2)\           (3)\           **Modified\    (4)\
  Name of\   Claim Number   Claim Amount   Claim Amount** Reason for\
  Claimant                                                **Modification**

                                                          

                                                          
  ---------- -------------- -------------- -------------- ------------------

\(F\) If an Objection seeks to change the classification of a claim, two
columns shall be added between columns (3) and (4) titled "Claim
Classification Status" and "Modified Classification Status" and column
(4) shall be changed from "Reason for Disallowance" to "Reason for
Reclassification."

  ---------- --------- --------- ----------------- ---------------- ----------------------
  (1)\       (2)\      (3)\      **Claim\          **Modified\      (4)\
  Name of\   Claim\    Claim     Classification\   Classification   Reason for\
  Claimant   Number    Amount    Status**          Status**         **Reclassification**

                                                                    

                                                                    
  ---------- --------- --------- ----------------- ---------------- ----------------------

\(G\) If an Objection seeks to change the priority of a claim, two
columns shall be added between columns (3) and (4) titled "Claim
Priority Status" and "Modified Priority Status" and column (4) shall be
changed from \"Reason for Disallowance\" to "Reason for Modification."

  ---------- ------------ ------------ ---------- ------------- ---------------
  (1)\       (2)\         (3)\         **Claim    **Modified\   (4)\
  Name of\   Claim\       Claim Amount Priority   Priority      Reason for\
  Claimant   Number                    Status**   Status**      Modification

                                                                

                                                                
  ---------- ------------ ------------ ---------- ------------- ---------------

\(H\) If an Objection seeks to expunge amended or duplicate claims, the
title of column (2) shall be changed from "Claim Number" to "Remaining
Claim Number" and a column shall be added between columns (2) and (3)
titled "Duplicate or Amended Claim to be Expunged."

  ---------- ---------------- --------------- ------------- ------------------
  (1)\       (2)\             **Duplicate or\ (3)\          (4)\
  Name of\   **Remaining**\   Amended Claim\  Claim Amount  Reason for\
  Claimant   Claim Number     to be                         Disallowance
                              Expunged**                    

                                                            

                                                            
  ---------- ---------------- --------------- ------------- ------------------

\(I\) If an Objection seeks to expunge late filed claims, a column shall
be added between columns (1) and (2) titled "Date Claim Filed."

  ---------- ------------ -------------- -------------- -------------------
  (1)\       **\          (2)\           (3)\           (4)\
  Name of\   Date\        Claim Number   Claim Amount   Reason for\
  Claimant   Claim                                      Disallowance
             Filed**                                    

                                                        

                                                        
  ---------- ------------ -------------- -------------- -------------------

\(J\) Where the Objection is based on substantive grounds, the exhibit
must include a claim-specific declaration in the column titled "Reason
for Disallowance" giving sufficient detail as to why the claim should be
disallowed. The following are examples of "sufficient detail" necessary
to sustain an Objection on a substantive basis:

\(1\) If the claim is against a non-debtor entity, then the non-debtor
entity must be identified;

\(2\) If the claim has been paid or satisfied prepetition (not
postpetition), then the check number and the date the check was issued
must be identified. (An objection to a claim on the basis that the claim
has been paid or satisfied postpetition is not a valid objection); and

\(3\) If the claim includes a postpetition claim, then the date the
postpetition claim arose must be identified.

\(iv\) [Proofs of Claim]{.underline}. If the Objection is
non-substantive, then copies of the proofs of claim need not be provided
to the Court, except that proofs of claim relating to an Objection based
on Local Rule 3007-1(d)(vi) ([i.e.]{.underline}, a claim without any
supporting documents) shall be provided to the Court as set forth in
Local Rule 3007-1(e)(iv)(A)-(C). When the Objection is substantive, a
copy of the proofs of claim and all supporting documentation shall be
provided to the Court as follows:

\(A\) Proofs of claim shall be in a binder and separated by tabs;

\(B\) Proofs of claim shall be in the order as listed in the exhibit(s),
with additional tabs indicating to which exhibit the claims relate; and

\(C\) At least two (2) weeks before the hearing on the Objection, a
Notice of Submission of Proofs of Claim is to be filed and delivered to
the respective Judge\'s chambers with copies of the claims (with all
attachments) along with the Objection to those claims. The Notice of
Submission of Proofs of Claim stating that the claims have been
delivered to chambers and that copies can be requested from objector's
counsel shall be served upon all parties requesting notice under Fed. R.
Bankr. P. 2002.

\(v\) [Notice of Objection to Claim Holder]{.underline}. Each claim
holder whose rights are affected by an Objection shall receive a "Notice
of Objection to Claim" that shall conform to Local Form 113 or a copy of
the Objection.

\(f\) [Requirements Relating to Substantive Objections]{.underline}.

\(i\) As authorized by Fed. R. Bankr. P. 3007(c), the Court hereby
orders that an Objection which is based on substantive grounds may
contain more than one but no more than 150 claims, unless the Court
orders otherwise.

\(ii\) No more than two substantive Objections may be filed each
calendar month, unless the Court orders otherwise.

\(iii\) An Objection based on substantive grounds shall include all
substantive objections to such claim.

\(iv\) Fed. R. Bankr. P. 7015 shall apply to any substantive Objection
and upon the filing of a response to such substantive Objection, the
objector may only amend such Objection upon leave of court or written
consent of the claimant; [provided]{.underline}, [however]{.underline},
that if an Objection to a particular claim is determined to be
substantive under Local Rule 3007-1(d)(vi) or the claimant filed a
response to an Objection made under Local Rule 3007-1(d)(vi) and the
response included supporting documentation or information, then the
Objection may be amended without written consent or leave of Court.

\(v\) The Court will not consider any substantive Objection to personal
injury or wrongful death claims that would be in violation of 28 U.S.C.
§ 157(b)(2)(B).

\(g\) [Pro Se]{.underline}. Any claimant may participate [pro
se]{.underline} (and telephonically) at a hearing on an Objection to his
or her claim by following the telephonic appearance procedures located
on the Court's website.

\(h\) [Hearings on Objections]{.underline}. Hearings on Objections may
ordinarily be held on the regularly scheduled omnibus hearing dates in
Chapter 11 cases, consistent with these Local Rules. When the Court
determines that the hearing on a particular claim Objection will require
substantial time for the presentation of argument and/or evidence, then
the Court, in its discretion, may reschedule the hearing on that claim
for a different hearing date and time. The parties may also request that
a separate hearing on an Objection(s) based on substantive grounds be
separately scheduled for a date and time convenient to the Court and the
parties.