) In re: ) Chapter 11 ) CHEMTURA CORPORATION, et al., 1 ) Case No (REG) ) Debtors. ) Jointly Administered )

Transcription

1 Hearing Date: June 17, 2010 at 9:45 a.m. (ET) Response Deadline: June 10, 2010 at 4:00 p.m. (ET) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) CHEMTURA CORPORATION, et al., 1 ) Case No. (REG) ) Debtors. ) Jointly Administered ) NOTICE OF HEARING ON THE DEBTORS TWENTY-SIXTH TIER I OMNIBUS OBJECTION TO CERTAIN PROOFS OF CLAIM (AMENDED AND SUPERSEDED, DUPLICATE, EQUITY, PAID-IN-FULL, INSUFFICIENT DOCUMENTATION, LATE- FILED AND NO LIABILITY CLAIMS) TO THE CLAIMANTS IDENTIFIED ON SCHEDULES 1-7 TO EXHIBIT A TO THE OBJECTION: 2 Chemtura Corporation and its affiliated debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the Debtors ) provide you with this notice of objection to claim(s) pursuant to the Order Establishing Procedures for Objections to Claims, dated January 20, 2010 [Docket No. 1785] (the Objection Procedures Order ) entered by the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court ). You have filed one or more proofs of claim (each, a Claim ) in the Debtors chapter 11 cases to which the Debtors have filed an objection (the Objection ) (each, a Disputed Claim ). Your Claims may be affected as a result of the Objection. Therefore, you should read this Notice and the enclosed Objection carefully. The Debtors personnel and representatives will be available to discuss and potentially resolve the Objection to your Disputed Claim without the need for you to file a response or attend a hearing. To facilitate such a discussion, you may call the Chemtura Restructuring Hotline at (866) within 14 calendar days after the date on which this Notice was served. The Debtors personnel will be available to handle factual inquires regarding the Objection. Legal matters, however, will be referred to the Debtors 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal taxpayer-identification number, are: Chemtura Corporation (3153); A&M Cleaning Products, LLC (4712); Aqua Clear Industries, LLC (1394); ASCK, Inc. (4489); ASEPSIS, Inc. (6270); BioLab Company Store, LLC (0131); BioLab Franchise Company, LLC (6709); Bio-Lab, Inc. (8754); BioLab Textile Additives, LLC (4348); CNK Chemical Realty Corporation (5340); Crompton Colors Incorporated (3341); Crompton Holding Corporation (3342); Crompton Monochem, Inc. (3574); GLCC Laurel, LLC (5687); Great Lakes Chemical Corporation (5035); Great Lakes Chemical Global, Inc. (4486); GT Seed Treatment, Inc. (5292); HomeCare Labs, Inc. (5038); ISCI, Inc. (7696); Kem Manufacturing Corporation (0603); Laurel Industries Holdings, Inc. (3635); Monochem, Inc. (5612); Naugatuck Treatment Company (2035); Recreational Water Products, Inc. (8754); Uniroyal Chemical Company Limited (Delaware) (9910); Weber City Road LLC (4381); and WRL of Indiana, Inc. (9136). 2 Pursuant to the Objection Procedures Order [Docket No. 1785], the Debtors will serve a personalized form of this notice on each claimant subject to the Objection. K&E

2 attorneys. When you contact the hotline, please have your proof(s) of claim available. Your discussions with the Debtors personnel or the Debtors attorneys may result in an agreement to settle the Objection. If you do not reach an agreement with the Debtors before the deadline to file a response to the Objection (which is June 10, 2010), you must file a response, in compliance with the procedures set forth below. Speaking with the Debtors personnel or the Debtors attorneys will not satisfy the requirement that you must reach an agreement before June 10, 2010 or file a Response and attend the Hearing, as discussed below. If you disagree with the Objection and are unable to or unwilling to consensually resolve the Objection with the Debtors, you or your attorney must (a) file a response (the Response ) to the Objection with the Clerk of the United States Bankruptcy Court for the Southern District of New York, Alexander Hamilton Custom House, One Bowling Green, New York, New York no later than June 10, 2010 at 4:00 p.m. (prevailing Eastern Time), (b) serve the Response on (i) counsel for the Debtors, Kirkland & Ellis LLP, 601 Lexington Avenue, New York, NY 10022; (fax) (212) , Attn: Kristina Alexander, (ii) counsel to the statutory committee of unsecured creditors appointed in these chapter 11 cases, Akin Gump Strauss Hauer & Feld LLP, One Bryant Park, New York, NY 10036, Attn: Meredith Lahaie, and (iii) proposed counsel to the statutory committee of equity security holders appointed in these chapter 11 cases, Skadden Arps Slate Meagher & Flom LLP, Four Times Square, New York, NY 10036, Attn: David M. Turetsky, so that it is actually received no later than June 10, 2010 at 4:00 p.m. (prevailing Eastern Time), and (c) attend the Hearing (described below). Your Response, if any, to the Objection must be in writing and conform to the Federal Rules of Bankruptcy Procedure, the Local Bankruptcy Rules for the Southern District of New York, and the Objection Procedures Order. 3 As set forth in the Objection Procedures Order, your Response must contain, at a minimum, the following: (a) (b) (c) (d) (e) (f) (g) the case caption and the title of the Objection to which your Response is directed; your name and the official number identifying your Claim(s); the description and dates of any contracts or agreements that serves as the basis of your Claim(s), if applicable; a description of the product, chemical or other material for which a Debtor is responsible that serves as the basis for your Claim(s), if applicable (including for all tort claims alleging injuries resulting from exposure to chemicals or other materials), and: (i) the dates and location of exposure to such product, chemical or other material; and (ii) medical evidence connecting any alleged personal injury to the exposure to such product, chemical or other material; a description of any other basis for the amount of your Claim(s); a concise statement setting forth the reasons why the Bankruptcy Court should not sustain the Debtors objection to your Claim(s), including, but not limited to, the specific factual and legal bases upon which you will rely in opposing the Debtors objection; a declaration of a person with personal knowledge of the relevant facts that support your Response, to the extent the Response makes factual allegations; and 3 Responses should be filed with the Bankruptcy Court electronically by registered users of the Bankruptcy Court s case filing system (the User s Manual for the Electronic Case Filing System can be found at the official website for the Bankruptcy Court) and, by all other parties in interest, on a 3.5 inch disk, in text-searchable Portable Document Format (PDF), Wordperfect or any other Windows-based word processing format (in either case, with a hard-copy delivered directly to Chambers). K&E

3 (h) the name, address, telephone number and facsimile number of the person (who may be you or your legal representative) to whom counsel for the Debtors or each Committee should serve any reply to the Response. A hearing (the Hearing ) on the Objection shall be held on June 17, 2010 at 9:45 a.m. before the Honorable Robert E. Gerber, United States Bankruptcy Judge, in Room 621 of the United States Bankruptcy Court for the Southern District of New York, Alexander Hamilton Custom House, One Bowling Green, New York, New York, You must attend the Hearing if you disagree with the relief requested in the Objection and have filed a Response. If you or your designated attorney or representative do not timely file and serve a Response in accordance with the above referenced procedures and attend the Hearing (in the absence of an agreement between you and the Debtors providing otherwise), the Court may enter an order granting the relief requested in the Objection. If you or your designated representative or attorney do file a Response and attend the Hearing, the matter will be resolved during the Hearing. Only those Responses made in accordance with the above-referenced requirements and timely filed and received by the Court and the Debtors and each Committee s attorneys will be considered by the Court at the Hearing. If you fail to respond in accordance with this Notice, the Court may grant the relief requested in the Objection without further notice or hearing. Nothing in this Notice or the accompanying Objection constitutes a waiver of any claims, counterclaims, rights of offset or recoupment, preference actions, fraudulent-transfer actions, or any other bankruptcy claims against you. All parties reserve the right to assert additional objections to your proof(s) of claim. If you wish to view the Debtors Schedules of Assets and Liabilities, the Claims Objection Procedures Order or any other publicly filed documents in these chapter 11 cases, you can do so on If you have any questions about this notice or the Objection to your Disputed Claim(s), please contact the Debtors counsel by at kristina.alexander@kirkland.com, by telephone at (212) , or in writing to Kirkland & Ellis LLP, 601 Lexington Avenue, New York, New York 10022, Attn: Kristina Alexander. Questions regarding the amount of a Claim or the filing of a Claim should be directed to the Debtors claims agent, Kurtzman Carson Consultants LLC at or CLAIMANTS SHOULD NOT CONTACT THE CLERK OF THE BANKRUPTCY COURT TO DISCUSS THE MERITS OF THEIR CLAIMS. K&E

4 New York, New York Dated: May 27, 2010 /s/ M. Natasha Labovitz Richard M. Cieri M. Natasha Labovitz Craig A. Bruens Jennifer L. Marines KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York Telephone: (212) Facsimile: (212) Counsel to the Debtors and Debtors in Possession _/s/ Gerard S. Catalanello Gerard S. Catalanello James J. Vincequerra DUANE MORRIS LLP 1540 Broadway New York, NY Telephone: (212) Conflicts Counsel to the Debtors and Debtors in Possession K&E

5 Hearing Date: June 17, 2010 at 9:45 a.m. (ET) Response Deadline: June 10, 2010 at 4:00 p.m. (ET) Richard M. Cieri M. Natasha Labovitz Craig A. Bruens Jennifer L. Marines KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York Telephone: (212) Facsimile: (212) Counsel to the Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) CHEMTURA CORPORATION, et al., 1 ) Case No. (REG) ) Debtors. ) Jointly Administered ) DEBTORS TWENTY-SIXTH TIER I OMNIBUS OBJECTION TO CERTAIN PROOFS OF CLAIM (AMENDED AND SUPERSEDED, DUPLICATE, EQUITY, PAID-IN-FULL, INSUFFICIENT DOCUMENTATION, LATE-FILED AND NO LIABILITY CLAIMS) THIS OBJECTION SEEKS TO DISALLOW AND EXPUNGE CERTAIN FILED PROOFS OF CLAIM. CLAIMANTS RECEIVING THIS OBJECTION SHOULD LOCATE THEIR NAMES AND CLAIMS ON SCHEDULES 1-7 TO EXHIBIT A ATTACHED TO THIS OBJECTION 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal taxpayer-identification number, are: Chemtura Corporation (3153); A&M Cleaning Products, LLC (4712); Aqua Clear Industries, LLC (1394); ASCK, Inc. (4489); ASEPSIS, Inc. (6270); BioLab Company Store, LLC (0131); BioLab Franchise Company, LLC (6709); Bio-Lab, Inc. (8754); BioLab Textile Additives, LLC (4348); CNK Chemical Realty Corporation (5340); Crompton Colors Incorporated (3341); Crompton Holding Corporation (3342); Crompton Monochem, Inc. (3574); GLCC Laurel, LLC (5687); Great Lakes Chemical Corporation (5035); Great Lakes Chemical Global, Inc. (4486); GT Seed Treatment, Inc. (5292); HomeCare Labs, Inc. (5038); ISCI, Inc. (7696); Kem Manufacturing Corporation (0603); Laurel Industries Holdings, Inc. (3635); Monochem, Inc. (5612); Naugatuck Treatment Company (2035); Recreational Water Products, Inc. (8754); Uniroyal Chemical Company Limited (Delaware) (9910); Weber City Road LLC (4381); and WRL of Indiana, Inc. (9136). K&E

6 Chemtura Corporation ( Chemtura ) and its affiliated debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the Debtors ) object (the Objection ) to: (a) certain proofs of claims that have been amended and superseded as listed on Schedule 1 to Exhibit A annexed hereto (the Amended Claims ); (b) certain duplicate proofs of claims as listed on Schedule 2 to Exhibit A annexed hereto (the Duplicate Claims ); (c) certain equity interests filed as proofs of claims as listed on Schedule 3 to Exhibit A annexed hereto (the Equity Claims ); (d) certain proofs of claims that have already been satisfied as listed on Schedule 4 to Exhibit A annexed hereto (the Paid-in-Full Claims ); (e) certain proofs of claim that provide insufficient documentation as listed on Schedule 5 to Exhibit A annexed hereto (the Insufficient Documentation Claims ); (f) certain late-filed proofs of claim as listed on Schedule 6 to Exhibit A annexed hereto (the Late-Filed Claims ); and (g) certain proofs of claim that do not represent liabilities of the Debtors as listed on Schedule 7 to Exhibit A annexed hereto (the No Liability Claims, and together with the Amended Claims, the Duplicate Claims, the Equity Claims, the Paid-in-Full Claims, the Insufficient Documentation Claims and the Late-Filed Claims, the Disputed Claims ). 2 2 Certain of the Disputed Claims are held by entities with whom Kirkland & Ellis LLP may have a conflict. K&E

7 The Debtors seek entry of an order, substantially in the form attached hereto as Exhibit A, disallowing and expunging such claims pursuant to section 502(b) of title 11 of the United States Code (the Bankruptcy Code ), Rule 3007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), and this Court s order approving procedures for the filing of omnibus objections to proofs of claim filed in these chapter 11 cases (the Claims Procedures Order ) [Docket No. 1785]. In support of this Objection, the Debtors respectfully state as follows: JURISDICTION 2. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). 3. Venue is proper in this Court pursuant to 28 U.S.C and The bases for the relief requested herein are sections 105(a) and 502(b) of the Bankruptcy Code and Bankruptcy Rule BACKGROUND 5. On March 18, 2009 (the Petition Date ), the Debtors filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. 6. On June 11, 2009, the Debtors filed their schedules of assets and liabilities (the Schedules ) and statements of financial affairs (the SOFAs ). 3 By order dated August 21, 2009 [Docket No. 992] (the Bar Date Order ), the Court established October 30, 2009 (the Bar Date ) as the deadline for each person or entity asserting a claim against any of the As a result, the Debtors' conflicts counsel, Duane Morris LLP, has agreed to handle the Objection with respect to such claims if necessary. 3 Certain of the Debtors amended and restated their respective Schedules and SOFAs on August 14, K&E

8 Debtors to file a written proof of claim against the specific Debtor as to which the claim is asserted. 7. As of the date hereof, more than 15,000 proofs of claim have been filed against the Debtors on an aggregate basis, totaling more than $10.1 billion in asserted liabilities. More than half of those proofs of claim have been asserted in unliquidated amounts or contain an unliquidated component. 8. On December 10, 2009, the Debtors filed the Debtors Motion for Entry of an Order Establishing Procedures for Objections to Claims [Docket No. 1580], which the Court approved by entry of the Claims Procedures Order. The Claims Procedures Order establishes detailed procedures for the filing and prosecution of objections to claims in these chapter 11 cases. Claims Procedures Order at Exh. 1. OBJECTION A. Amended and Superseded Claims 9. The Debtors hereby object to the Disputed Claims identified as Amended and Superseded on Schedule 1 to Exhibit A attached hereto. The Debtors have reviewed the Amended Claims and have determined that each Amended Claim has been amended and superseded by another proof of claim as identified on Schedule 1 under the heading of Surviving Claim (the Surviving Amended Claims ). The Debtors object to the allowance of each Amended Claim because it would provide double recovery from the Debtors on account of the same claim and thus is unenforceable against the Debtors. Accordingly, the Debtors request that each Amended Claim be disallowed and expunged from the Debtors claims register. K&E

9 B. Duplicate Claims 10. The Debtors hereby object to the Disputed Claims identified as Duplicate Claims on Schedule 2 to Exhibit A attached hereto. The Debtors have reviewed the Duplicate Claims and have determined that each Duplicate Claim duplicates another proof of claim as identified on Schedule 2 under the heading of Surviving Duplicate Claims (and together with the Surviving Amended Claims, the Surviving Claims ). 4 If the Duplicate Claims are not expunged or disallowed, the potential exists for multiple recoveries by claimants on a single claim. Moreover, elimination of such redundant claims will streamline the claims process and enable the Debtors to maintain a more accurate claims register. Accordingly, the Debtors request that each Duplicate Claim be disallowed and expunged from the Debtors claim register. C. Equity Interest Claims 11. The Debtors hereby object to the Disputed Claims identified as Equity Claims on Schedule 3 to Exhibit A attached hereto. The Debtors have reviewed the Equity Claims and have determined that each such claim was asserted on account of interests held by persons or entities holding Chemtura common stock. The Debtors object to the Equity Claims as unenforceable against the Debtors because they do not constitute proper claims as such term is defined in section 101(5) of the Bankruptcy Code. Accordingly, the Equity Claims should be disallowed and expunged from the Debtors claims register. 5 4 The Debtors object to certain proofs of claim on Schedule 2 to Exhibit A filed by because they are duplicative of proof of claim number filed by Citibank, N.A. on behalf of all prepetition lenders. 5 To the extent that the individuals or entities that filed the Equity Claims hold valid equity interests in Chemtura as of the applicable record date, the requested disallowance of their Equity Claim is not intended to impair any entitlement they may ultimately have under a plan of reorganization with respect to such equity interests. K&E

10 D. Paid-in-Full Claims 12. The Debtors hereby object to the Disputed Claims identified as Paid-in-Full Claims on Schedule 4 to Exhibit A attached hereto. The Debtors have reviewed the Paid-in- Full Claims and have determined that each Paid-in-Full Claim has already been satisfied by the Debtors. The Debtors object to each Paid-in-Full Claim on the basis that a claimant should not be entitled to recovery for a claim that has previously been satisfied. Accordingly, the Debtors request that each Paid-in-Full Claims be disallowed and expunged from the Debtors claims register. E. Insufficient Documentation Claims 13. The Debtors hereby object to the Disputed Claims identified as Insufficient Documentation Claims on Schedule 5 to Exhibit A attached hereto. The Debtors have determined that each such claim fails to provide adequate support for the Debtors or the Court to determine the validity of the claim. In particular, each Insufficient Documentation Claim fails to allege sufficient facts or include documentation or information necessary to support a finding that any of the Debtors is legally liable to the claimant, as required by the Bar Date Order. Furthermore, the Debtors books and records do not evidence or support a valid claim against the Debtors in the amount asserted by any of the holders of the Insufficient Documentation Claims. Accordingly, the Debtors request that the Insufficient Documentation Claims be disallowed and expunged from the Debtors claims register. F. Late-Filed Claims 14. The Debtors hereby object to the Disputed Claims identified as Late-Filed Claims on Schedule 6 to Exhibit A attached hereto. The Debtors have reviewed the Late-Filed Claims and have determined that each claim was filed after the Bar Date. The Debtors object to K&E

11 each Late-Filed Claim on the basis that a claimant should not be entitled to recovery for failure to comply with the Bar Date Order. Accordingly, the Debtors request that the Late-Filed Claims be disallowed and expunged from the Debtors claims register. G. No Liability Claims 15. The Debtors hereby object to the Disputed Claims identified as No Liability Claims on Schedule 7 to Exhibit A attached hereto. The Debtors have reviewed their books and records and have determined that each of the No Liability Claims asserts a claim for indebtedness that is not reflected on the Debtors books and records, and is not otherwise supported by documentation filed with the proof of claim. 6 The Debtors object to the allowance of each Disputed Claim because it would allow for the inappropriate distribution of estate assets to claimants who are not entitled to a recovery. It is axiomatic that a claimant may not recover on a claim that does not represent an obligation of the Debtors. Accordingly, the Debtors request that the No Liability Claims be disallowed and expunged from the Debtors claims register. RELIEF REQUESTED 16. By this Objection and pursuant to section 502 of the Bankruptcy Code and Bankruptcy Rule 3007, the Debtors request that the Court enter an order disallowing and expunging the Disputed Claims identified on Schedules 1-7 to Exhibit A. BASIS FOR RELIEF 17. A filed proof of claim is deemed allowed unless a party in interest objects thereto. See 11 U.S.C. 502(a); see also id. 1111(a) ( A proof of claim... is deemed filed under section 501 of this title for any claim... that appears in the schedules... except a claim... that is scheduled as disputed, contingent, or unliquidated. ). If an objection refuting at least one of 6 Schedule 7 to Exhibit A attached hereto provides further explanation as to the basis for objection on a claim-by-claim basis in the column defined as Basis for No Liability. K&E

12 the claim s essential allegations is asserted, the claimant has the burden to demonstrate validity of the claim. See, e.g., Sherman v. Novak (In re Reilly), 245 B.R. 768, 773 (2d Cir. BAP 2000); In re Rockefeller Ctr. Props., 272 B.R. 524, 539 (Bankr. S.D.N.Y. 2000); In re St. Johnsbury Trucking Co., 206 B.R (Bankr. S.D.N.Y. 1997). 18. The Bar Date Order provides that each proof of claim must include supporting documentation, or if voluminous, a summary or explanation as to why documentation is not available. Absent such documentation, a proof of claim lacks prima facie validity. Ashford v. Consolidated Pioneer Mortgage (In re Consolidated Pioneer Mortgage), 178 B.R. 222, 226 (9th Cir. BAP 1995), aff d, 91 F.3d 151 (9th Cir. 1996); In re Taylor, 363 B.R. 303, 308 (Bankr. M.D. Fla. 2007) ( Attaching supporting documentation is mandatory prerequisite to establishing a claim s prima facie validity ). For a proof of claim to be legally sufficient, it must (a) be in writing; (b) make a demand upon the debtor s estate; (c) express the intent to hold the debtor liable for the debt; (d) be properly filed; and (e) be based upon facts [that] would allow, as a matter of equity,... the document [to be] accepted as a proof of claim. First Nat l Bank of Fayetteville, Ark. V. Circle J. Dairy, Inc. (In re Circle J Dairy, Inc.), 112 B.R. 297, (Bankr. W.D. Ark. 1990). If an objection refuting at least one of the claim s essential allegations is asserted, the claimant has the burden to demonstrate validity of the claim. See, e.g., Sherman v. Novak (In re Reilly), 245 B.R. 768, 773 (2d Cir. BAP 2000); In re Rockefeller Ctr. Props., 272 B.R. 524, 539 (Bankr. S.D.N.Y. 2000); In re St. Johnsbury Trucking Co., 206 B.R (Bankr. S.D.N.Y. 1997). 19. Following a thorough review of the claims, the Debtors have also determined that the Disputed Claims identified on Schedules 1-7 to Exhibit A should not be enforced against the Debtors, and thus, the Disputed Claims should be disallowed and expunged. For the reasons K&E

13 stated above, the Debtors object to the allowance of the Disputed Claims as set forth herein and the Debtors respectfully request this Court enter an order disallowing and expunging the Disputed Claims. RESERVATION OF RIGHTS 20. This Objection is limited to the grounds stated herein. Accordingly, it is without prejudice to the rights of the Debtors or any other party in interest to object to any of the Disputed Claims or any of the Reclassification Claims on any ground whatsoever, and the Debtors expressly reserve all further substantive and/or procedural objections they may have. MOTION PRACTICE 21. This Objection includes citations to the applicable rules and statutory authorities upon which the relief requested herein is predicated and a discussion of their application to this Objection. Accordingly, the Debtors submit that this Objection satisfies Rule (a) of the Local Rules of Bankruptcy Procedure for the Southern District of New York. NOTICE 22. The Debtors have provided notice of this Objection to: (a) the Office of the United States Trustee for the Southern District of New York.; (b) counsel to the statutory committee of unsecured creditors appointed in these chapter 11 cases; (c) counsel to the agent for the Debtors post-petition and prepetition secured lenders; (d) proposed counsel to the statutory committee of equity security holders appointed in these chapter 11 cases; (e) each of the holders of the Disputed Claims; and (f) all persons and entities that have formally requested notice by filing a written request for notice pursuant to Bankruptcy Rule 2002 and the Local Bankruptcy Rules. In light of the nature of the relief requested, the Debtors respectfully submit that no further notice is necessary. K&E

14 WHEREFORE, the Debtors respectfully request that the Court enter an order, substantially in the form attached hereto as Exhibit A, disallowing and expunging the Disputed Claims identified Schedule 1-7 to attached thereto and granting such other and further relief as is just and proper. New York, New York Dated: May 27, 2010 /s/ M. Natasha Labovitz Richard M. Cieri M. Natasha Labovitz Craig A. Bruens Jennifer L. Marines KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York Telephone: (212) Facsimile: (212) Counsel to the Debtors and Debtors in Possession /s/ Gerard S. Catalanello Gerard S. Catalanello James J. Vincequerra DUANE MORRIS LLP 1540 Broadway New York, NY Telephone: (212) Conflicts Counsel to the Debtors and Debtors in Possession K&E

15 Exhibit A Proposed Order K&E

16 Hearing Date: June 17, 2010 at 9:45 a.m. (ET) Response Deadline: June 10, 2010 at 4:00 p.m. (ET) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) CHEMTURA CORPORATION, et al., 1 ) Case No. (REG) ) Debtors. ) Jointly Administered ) ORDER GRANTING DEBTORS TWENTY-SIXTH TIER I OMNIBUS OBJECTION TO CERTAIN PROOFS OF CLAIM (AMENDED AND SUPERSEDED, DUPLICATE, EQUITY, PAID-IN-FULL, INSUFFICIENT DOCUMENTATION, LATE-FILED AND NO LIABILITY CLAIMS) Upon the Debtors Twenty-Sixth Tier I Omnibus Objection to Certain Proofs of Claim (Amended and Superseded, Duplicate, Equity, Paid-in-Full, Insufficient Documentation, Late- Filed and No Liability Claims) (the Objection ) 2 filed by Chemtura Corporation and its affiliated debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the Debtors ) requesting entry of an order disallowing and expunging the Disputed Claims identified on Schedules 1-7 attached hereto pursuant to sections 105(a) and 502(b) of title 11 of the United States Code (the Bankruptcy Code ) and Rule 3007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ); and consideration of the Objection and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157 and 1334; and venue being proper before this Court pursuant to 28 U.S.C and 1409; and due and 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal taxpayer-identification number, are: Chemtura Corporation (3153); A&M Cleaning Products, LLC (4712); Aqua Clear Industries, LLC (1394); ASCK, Inc. (4489); ASEPSIS, Inc. (6270); BioLab Company Store, LLC (0131); BioLab Franchise Company, LLC (6709); Bio-Lab, Inc. (8754); BioLab Textile Additives, LLC (4348); CNK Chemical Realty Corporation (5340); Crompton Colors Incorporated (3341); Crompton Holding Corporation (3342); Crompton Monochem, Inc. (3574); GLCC Laurel, LLC (5687); Great Lakes Chemical Corporation (5035); Great Lakes Chemical Global, Inc. (4486); GT Seed Treatment, Inc. (5292); HomeCare Labs, Inc. (5038); ISCI, Inc. (7696); Kem Manufacturing Corporation (0603); Laurel Industries Holdings, Inc. (3635); Monochem, Inc. (5612); Naugatuck Treatment Company (2035); Recreational Water Products, Inc. (8754); Uniroyal Chemical Company Limited (Delaware) (9910); Weber City Road LLC (4381); and WRL of Indiana, Inc. (9136). 2 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Objection. K&E

17 proper notice of the Objection having been provided; and it appearing that no other or further notice need be provided; and the Court having determined that there exists just cause for the relief granted herein and that such relief is in the best interest of the Debtors, their estates and creditors and all other parties in interest; and upon the arguments and testimony presented at the Hearing before the Court, and any responses to the Objection having been withdrawn, resolved or overruled on the merits; and after due deliberation and sufficient cause appearing therefore, it is hereby ORDERED that: 1. The Objection is granted to the extent set forth herein. 2. The Disputed Claims listed on Schedules 1-7 attached hereto are hereby disallowed and expunged pursuant to section 502(b) of the Bankruptcy Code. 3. The Surviving Claims will remain on the claims register, and such claims are neither allowed nor disallowed at this time, subject, however to any future objection on any basis. 4. The disallowance and expungement of the Disputed Claims shall not create any rights in favor of, or enhance the status of, any claim held by any person or entity. 5. The terms and conditions of this Order shall be immediately effective and enforceable upon entry of the Order. 6. This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order. New York, New York Dated:, 2010 Honorable Robert E. Gerber United States Bankruptcy Judge K&E

18 K&E Schedule 1

19 Schedule 1 - Amended and Superceded Claims 1 Name Address 2 Claim Number Date Filed Claim Amount Nature AT&T Corp AT&T Atty James Grudus Esq 1 AT&T Way Rm 3A218 Bedminster, NJ AT&T Corp AT&T Atty James Grudus Esq 1 AT&T Way Rm 3A218 Bedminster, NJ Baker & McKenzie LLP Attn Lawrence P Vonckx 130 E Randolph Dr Ste 3600 Chicago, IL BASF Corporation Attn Denyse Watson 100 Campus Dr Florham Park, NJ Creditor Liquidity L P 200 Business Park Dr Ste 200 Armonk, NY Elizabethtown Gas Virginia Natural Gas 150 W Main St Ste 1510 Norfolk, VA Fair Harbor Capital LLC as Assignee of Formula One Fabrications Fair Harbor Capital LLC as Assignee of Formula One Fabrications Harris County et al Land View Inc New York State Department of Taxation and Finance Recycle Inc East Ansonia Finance Station PO Box New York, NY Ansonia Finance Station PO Box New York, NY John P Dillman Linebarger Goggan Blair & Sampson LLP PO Box 3064 Houston, TX Attn Credit Mgr PO Box 475 Rupert, ID Bankruptcy Section PO Box 5300 Albany, NY Robert S Underhill Greenbaum Rowe Smith & Davis LLP Metro Corporate Campus One P O Box 5600 Woodbridge, NJ Corre Opportunities Fund LP Attn: Claims Processing Bankruptcy, 1370 Avenue of the Americas, 29th Floor, New York, NY Verizon 404 Brock Dr Bloomington, IL Debtor Case Number 50 04/27/2009 $321, General Unsecured Chemtura Corporation /12/2009 $325, General Unsecured Chemtura Corporation /18/2009 $439, General Unsecured Chemtura Corporation /19/2009 $56, $409, Admin Priority General Unsecured Chemtura Corporation /02/2009 $7, General Unsecured Chemtura Corporation /16/2009 $180, General Unsecured Chemtura Corporation /31/2009 $4, General Unsecured Chemtura Corporation /04/2009 $4, General Unsecured Chemtura Corporation /27/2009 $39, Secured Great Lakes Chemical Global, Inc /24/2009 $2, General Unsecured Chemtura Corporation /22/2009 $25, $74, Claim to be Expunged Priority General Unsecured Bio-Lab, Inc /13/2009 $20, General Unsecured Chemtura Corporation /27/2009 $882, General Unsecured Chemtura Corporation /13/2009 $ General Unsecured Chemtura Corporation Claim Number Date Filed Claim Amount Nature Debtor Case Number /19/2010 $404, General Unsecured Chemtura Corporation /19/2010 $404, General Unsecured Chemtura Corporation /30/2009 $448, General Unsecured Chemtura Corporation /23/2010 $56, $485, Admin Priority General Unsecured Chemtura Corporation /11/2009 $7, General Unsecured Chemtura Corporation /05/2009 $214, General Unsecured Chemtura Corporation /24/2009 $ $3, /24/2009 $ $3, Admin Priority General Unsecured Admin Priority General Unsecured Bio-Lab, Inc Bio-Lab, Inc /18/2010 $14, Secured Great Lakes Chemical Global, Inc /29/2009 $5, General Unsecured Chemtura Corporation /04/2010 $5, $69, Surviving Claim Priority General Unsecured Bio-Lab, Inc /09/2009 $26, General Unsecured Chemtura Corporation /30/2010 $181, Priority General Unsecured Chemtura Corporation /12/2010 $11, General Unsecured Chemtura Corporation 1 - The Debtors object to each of the claims listed on Schedule 1 on the grounds that it is amended and replaced by another claim (See Objection page 4). 2 - Address is the primary address listed on the proof of claim. Any additional notice parties will receive notice of the objection and will be included in the Certificate of Service. In re Chemtura Corporation, et al. Case No. (REG) (Jointly Administered) Page 1 of 1

20 K&E Schedule 2

21 Schedule 2 - Duplicate Claims 1 Name Address 2 Claim to be Expunged Number Date Filed Claim Amount Nature Claim Debtor Case Number /29/2009 UNLIQUIDATED Secured Recreational Water Products, Inc /29/2009 UNLIQUIDATED Secured GT Seed Treatment, Inc /29/2009 UNLIQUIDATED Secured Laurel Industries Holdings, Inc /29/2009 UNLIQUIDATED Secured Uniroyal Chemical Company Limited (Delaware) /29/2009 UNLIQUIDATED Secured WRL of Indiana, Inc /29/2009 UNLIQUIDATED Secured Weber City Road LLC /29/2009 UNLIQUIDATED Secured Monochem, Inc /29/2009 UNLIQUIDATED Secured Naugatuck Treatment Company /09/2009 UNLIQUIDATED Secured Recreational Water Products, Inc /09/2009 UNLIQUIDATED Secured ASCK, Inc /09/2009 UNLIQUIDATED Secured Crompton Holding Corporation /09/2009 UNLIQUIDATED Secured CNK Chemical Realty Corporation /09/2009 UNLIQUIDATED Secured Bio-Lab, Inc /09/2009 UNLIQUIDATED Secured BioLab Franchise Company, LLC /09/2009 UNLIQUIDATED Secured BioLab Company Store, LLC /09/2009 UNLIQUIDATED Secured ASEPSIS, Inc /09/2009 UNLIQUIDATED Secured Chemtura Corporation /09/2009 UNLIQUIDATED Secured Aqua Clear Industries, LLC /09/2009 UNLIQUIDATED Secured A & M Cleaning Products, LLC /09/2009 UNLIQUIDATED Secured BioLab Textile Additives, LLC Surviving Claim Claim Number Date Filed Claim Amount Nature Debtor Case Number In re Chemtura Corporation, et al. Case No. (REG) (Jointly Administered) Page 1 of 4

22 Schedule 2 - Duplicate Claims 1 Name Address 2 Claim to be Expunged Number Date Filed Claim Amount Nature Claim Debtor Case Number /09/2009 UNLIQUIDATED Secured Crompton Colors Incorporated /09/2009 UNLIQUIDATED Secured Crompton Monochem, Inc /09/2009 UNLIQUIDATED Secured GLCC Laurel, LLC /09/2009 UNLIQUIDATED Secured Great Lakes Chemical Global, Inc /09/2009 UNLIQUIDATED Secured GT Seed Treatment, Inc /09/2009 UNLIQUIDATED Secured HomeCare Labs, Inc /09/2009 UNLIQUIDATED Secured ISCI, Inc /09/2009 UNLIQUIDATED Secured Kem Manufacturing Corporation /09/2009 UNLIQUIDATED Secured Laurel Industries Holdings, Inc /09/2009 UNLIQUIDATED Secured Monochem, Inc /09/2009 UNLIQUIDATED Secured Naugatuck Treatment Company /09/2009 UNLIQUIDATED Secured Weber City Road LLC /09/2009 UNLIQUIDATED Secured Uniroyal Chemical Company Limited (Delaware) /09/2009 UNLIQUIDATED Secured WRL of Indiana, Inc /29/2009 UNLIQUIDATED Secured Crompton Monochem, Inc /29/2009 UNLIQUIDATED Secured Great Lakes Chemical Global, Inc /29/2009 UNLIQUIDATED Secured BioLab Textile Additives, LLC /29/2009 UNLIQUIDATED Secured Chemtura Corporation /29/2009 UNLIQUIDATED Secured A & M Cleaning Products, LLC /29/2009 UNLIQUIDATED Secured ASCK, Inc Claim Number Surviving Claim Date Filed Claim Amount Nature Debtor Case Number In re Chemtura Corporation, et al. Case No. (REG) (Jointly Administered) Page 2 of 4

23 Schedule 2 - Duplicate Claims 1 Name Address 2 Claim to be Expunged Number Date Filed Claim Amount Nature Claim Communication Specialists Inc Harris County et al 401 Wood St Texarkana, AR John P Dillman Linebarger Goggan Blair & Sampson LLP PO Box 3064 Houston, TX Debtor Case Number /29/2009 UNLIQUIDATED Secured Crompton Colors Incorporated /29/2009 UNLIQUIDATED Secured CNK Chemical Realty Corporation /29/2009 UNLIQUIDATED Secured Bio-Lab, Inc /29/2009 UNLIQUIDATED Secured BioLab Franchise Company, LLC /29/2009 UNLIQUIDATED Secured BioLab Company Store, LLC /29/2009 UNLIQUIDATED Secured ASEPSIS, Inc /29/2009 UNLIQUIDATED Secured Aqua Clear Industries, LLC /29/2009 UNLIQUIDATED Secured Crompton Holding Corporation /29/2009 UNLIQUIDATED Secured GLCC Laurel, LLC /29/2009 UNLIQUIDATED Secured HomeCare Labs, Inc /29/2009 UNLIQUIDATED Secured ISCI, Inc /29/2009 UNLIQUIDATED Secured Kem Manufacturing Corporation /29/2009 UNLIQUIDATED Secured Great Lakes Chemical Corporation /6/2009 $2, General Unsecured Chemtura Corporation /22/2010 $14, Secured Great Lakes Chemical Corporation Claim Number Surviving Claim Date Filed Claim Amount Nature Debtor Case Number /23/2009 $2, General Unsecured Great Lakes Chemical Corporation /18/2010 $14, Secured Great Lakes Chemical Corporation KK India Petroleum Specialities PVT LTD Unit 1 Synthofine Estate Arey Rd Goregaon East Mumbai, Maharastra India Liquidity Solutions Inc One University Plz Ste 312 Hackensack, NJ Pitney Bowes Global Financial Services Attn Recovery Dept Pitney Bowes Inc 27 Waterview Dr Shelton, CT Pitney Bowes Global Financial Services Attn Recovery Dept Pitney Bowes Inc 27 Waterview Dr Shelton, CT URQUHART DYKES & LORD LLP TOWER NORTH CENTRAL LEEDS, LS28PA UNITED KINGDOM 615 5/21/2009 $6, Priority Chemtura Corporation 537 5/18/2009 $3, General Unsecured Chemtura Corporation /5/2010 $3, Priority Chemtura Corporation /10/2010 $10, General Unsecured Chemtura Corporation /21/2009 $2, General Unsecured Great Lakes Chemical Corporation /26/2009 $6, General Unsecured Chemtura Corporation 519 5/11/2009 $3, General Unsecured Chemtura Corporation /2/2010 $3, Priority Chemtura Corporation /5/2010 $10, General Unsecured Chemtura Corporation 415 5/4/2009 $2, General Unsecured Chemtura Corporation In re Chemtura Corporation, et al. Case No. (REG) (Jointly Administered) Page 3 of 4

24 Schedule 2 - Duplicate Claims 1 Name Address 2 Claim to be Expunged Number Date Filed Claim Amount Nature Claim Debtor Case Number Claim Number Surviving Claim Date Filed Claim Amount Nature Debtor Case Number 1 - The Debtors object to each of the claims listed on Schedule 2 on the grounds that it is duplicative of another claim (See Objection page 4) 2 - Address is the primary address listed on the proof of claim. Any additional notice parties will receive notice of the objection and will e included in the Certificate of Service In re Chemtura Corporation, et al. Case No. (REG) (Jointly Administered) Page 4 of 4

25 K&E Schedule 3

26 Schedule 3 - Equity Claims 1 Name Address 2 Claim Number Date Filed Claim Amount Nature Esther F Cook Robert Wedinger 93 Hamilton Rd Wrentham, MA Abbott Farm Rd Middlebury, CT Claim to be Expunged Debtor Case Number /09/2009 $5, General Unsecured Chemtura Corporation /22/2009 $38, $1, Priority General Unsecured Chemtura Corporation 1 - The Debtors object to the claims listed on Schedule 3 on the grounds that they are asserted on account of interests held by persons or entities holding Chemtura common stock (See Objection at 5). 2 - Address is the primary address listed on the proof of claim. Any additional notice parties will receive notice of the objection and will be included in the Certificate of Service. In re Chemtura Corporation Case No Page 1 of 1

27 K&E Schedule 4

28 Schedule 4 - Paid in Full 1 Name Address 2 Claim to be Expunged Number Date Filed Claim Amount Nature Claim DKSH Malaysia SDN BHD Jonathan Yeoh Gen Mgr No 74 Jalan University Petaling Jaya Selangor Malaysia Longacre Opportunity Fund LP Attn Vladimir Jelisavcic 810 Seventh Ave 33rd Fl New York, NY Union County Conservation District 612 N Flenniken El Dorado, AR Debtor Case Number /26/2009 $21, General Unsecured Chemtura Corporation /25/2009 $3, Priority Chemtura Corporation /28/2009 $2, General Unsecured Chemtura Corporation Proposed Treatment Disallowed and Expunged Disallowed and Expunged Disallowed and Expunged 1 - The Debtors object to each of the claims listed on Schedule 4 on the grounds that each claim has already been satisfied. (See Objection at 5). 2 - Address is the primary address listed on the proof of claim. Any additional notice parties will receive notice of the objection and will be included in the Certificate of Service. In re Chemtura Corporation, et al. Case No. (REG) (Jointly Administered) Page 1 of 1

29 K&E Schedule 5

30 Schedule 5 - Insufficient Supporting Documentation 1 Claim to be Expunged Name Address Claim Number Date Filed Claim Amount Nature Debtor Case Number Carol Porter 24 New Castle St /02/2009 $5, General Unsecured HomeCare Labs, Inc. Farmingdale, NJ CMS INC 2650 PILGRIM CT WINSTON /09/2009 $3, General Unsecured Bio-Lab, Inc. SALEM, NC USA NMHG Financial Services 1010 Thomas Edison Blvd SW /27/2009 $2, Secured Chemtura Corporation Cedar Rapids, IA NMHG Financial Services 1010 Thomas Edison Blvd SW /27/2009 $4, Secured Chemtura Corporation Cedar Rapids, IA Sprint Nextel Attn Bankruptcy Dept Correspondence /18/2009 $2, General Unsecured Chemtura Corporation PO Box 7949 Overland Park, KS Verizon Wireless South Diane Lewis Bankruptcy Admin PO Box 3397 Bloomington, IL /22/2009 $2, General Unsecured Chemtura Corporation Proposed Treatment Disallowed and Expunged Disallowed and Expunged Disallowed and Expunged Disallowed and Expunged Disallowed and Expunged Disallowed and Expunged 1 - Each claim listed on Schedule 5 is being objected to on the ground that it provides insufficient documentation. ( See Objection at 6.) 2 - Address is the primary address listed on the proof of claim. Any additional notice parties will receive notice of the objection and will be included in the Certificate of Service. In re Chemtura Corporation, et al. Case No. (REG) (Jointly Administered) Page 1 of 1

31 K&E Schedule 6

32 Schedule 6 - Late Filed Claims 1 Name Address 2 Claim to be Expunged Number Date Filed Claim Amount Nature Case Number Claim Debtor CONTRACT PACKAGING INC HWY 142 N /09/2010 $82, General Unsecured Chemtura Corporation COVINGTON, GA USA Georgia Department of Revenue Department of Revenue Compliance Division Bankruptcy Section PO Box Atlanta, GA Hewlett Packard Company Attn Esmeralda Vargas Compaq Ctr Dr Houston, TX Mississippi State Tax Commission Bankruptcy Section PO Box Jackson, MS Mississippi State Tax Commission Bankruptcy Section PO Box Jackson, MS Mississippi State Tax Commission Bankruptcy Section PO Box Jackson, MS SOJUZPATENT LTD MYASNITSKAYA ST 13 BLDG 5 MOSCOW RUSSIAN FEDERATION /23/2010 $2,577, $413, Priority General Unsecured Bio-Lab, Inc /10/2010 $7, Admin Priority Chemtura Corporation /23/2010 $ Secured Bio-Lab, Inc /22/2010 $ Secured Bio-Lab, Inc /01/2010 $ Secured Bio-Lab, Inc /16/2010 $3, General Unsecured Chemtura Corporation Proposed Treatment Disallowed and Expunged Disallowed and Expunged Disallowed and Expunged Disallowed and Expunged Disallowed and Expunged Disallowed and Expunged Disallowed and Expunged 1 - The Debtors object to each of the claims listed on Schedule 6 on the grounds that it is untimely filed. (See Objection at 6.) 2 - Address is the primary address listed on the proof of claim. Any additional notice parties will receive notice of the objection and will be included in the Certificate of Service. In re Chemtura Corporation, et al. Case No. (REG) (Jointly Administered) Page 1 of 1

33 K&E Schedule 7

34 Schedule 7 - No Liability 1 Name Address 2 Claim to be Expunged Number Date Filed Claim Amount Nature Claim Danny C Nelson 1408 N Capitol St Pekin, IL Eq The Environmental Quality Company St Jos707 Worthington Dr Moorestown, NJ Holdwick Metalworking Inc RT Vanderbilt Co Inc 1694 N Van Dyke Rd Bad Axe, MI Attn Robert Matta Purchasing Mgr 30 Winfield St Norwalk, CT /29/2009 UNLIQUIDATED General Unsecured Chemtura Corporation /10/2009 $3, General Unsecured Chemtura Corporation /14/2009 $2, General Unsecured Chemtura Corporation /30/2009 $124, General Unsecured Chemtura Corporation Debtor Case Number Basis for No Liability Proposed Treatment Claim is asserted against a party that is not a debtor in these cases. Claim is asserted against a party that is not a debtor in these cases. Claim is asserted against a party that is not a debtor in these cases. The Debtors' books and records do not reflect the asserted liability. Disallowed and Expunge Disallowed and Expunge Disallowed and Expunge Disallowed and Expunge 1 - The Debtors object to each of the claims listed on Schedule 7 on the ground that each of the claims shows a record of indebtedness that is not reflected in the Debtors' books and records and is not otherwise supported by documentation with that proof of claim. (See Objection at 6.) 2 - Address is the primary address listed on the proof of claim. Any additional notice parties will receive notice of the objection and will be included in the Certificate of Service. In re Chemtura Corporation Case No Page 1 of 1