FiberMark Reports Court Rules in Favor of Unsealing Examiner's Report, but
Allows Opposing Parties to Seek Stay Pending Appeal
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
Current
Report
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date
of Report: August 17, 2005
(Exact
name of registrant as specified in charter)
|
Delaware
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001-12865
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82-0429330
|
|
(State
or other jurisdiction of incorporation)
|
(Commission
File Number)
|
(IRS
Employer Identification No.)
|
161
Wellington Road
P.O.
Box 498
Brattleboro,
Vermont 05302
(802)
257-0365
Item
8.01. Other Events and Regulation FD Disclosure
On
August
17, FiberMark issued a press release reporting the filing of orders by the
U.S.
Bankruptcy Court for the District of Vermont regarding its ruling in favor
of
unsealing the independent examiner’s report, but allowing opposing parties to
seek a stay pending appeal. These exhibits shall be deemed “filed” for purposes
of Section 18 of the Securities Exchange Act of 1934. These orders and a
memorandum of decision are available on FiberMark’s Web site at the following
address:
http://www.fibermark.com/restructure/index.html
Item
9.01. Financial Statements and Exhibits
Exhibit
99.1 Press
Release, Dated August 17, 2005
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Registrant
has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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FiberMark
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Date:
August 17, 2005
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By:
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/s/
John E. Hanley |
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John
E. Hanley
|
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Vice
President and Chief Financial Officer
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EXHIBIT
INDEX
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Exhibit
No.
|
|
Description
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|
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Exhibit
99.1*
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|
Press
Release, Dated August 17, 2005
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| * Filed
herewith |
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|
| FOR IMMEDIATE RELEASE |
Contact:
|
Janice
C. Warren |
| |
|
Director of Investor Relations
and
Corporate Communications |
| |
|
802
257 5981 |
Exhibit
99.1
FiberMark
Reports Court Rules in Favor of Unsealing Examiner’s Report,
but
Allows Opposing Parties to Seek Stay Pending Appeal
BRATTLEBORO,
VERMONT, August 17, 2005—FiberMark, Inc. (OTCBB: FMKIQ) today announced that the
U.S. Bankruptcy Court for the District of Vermont has determined that the report
of the independent examiner appointed in the company’s chapter 11 case should be
unsealed, subject to certain minimal redactions. The report details the
examiner’s findings with respect to certain issues
involving the official creditors committee, which has since been disbanded
by
the United States Trustee. The Court, however, concurrently established a
schedule by which certain parties who oppose the unsealing may seek a stay
of
the unsealing order pending appeal. Under that schedule, the redacted report
will be unsealed on August 19, 2005 if no motion for a stay is filed.
Alternatively, if a motion for a stay is filed, the Court will rule on the
motion by August 24, 2005, and if the Court denies the motion, the redacted
report will be immediately unsealed. If, on the other hand, the Court grants
the
motion, a temporary stay will be in place until August 29, 2005, to allow the
opposing parties to seek relief on appeal. If no such relief is obtained, the
redacted report will be unsealed on August 29, 2005.
FiberMark,
headquartered in Brattleboro, Vt., is a leading producer of specialty
fiber-based materials meeting industrial and consumer needs worldwide, operating
11 facilities in the eastern United States and Europe. Products include filter
media for transportation and vacuum cleaner bags; base materials for specialty
tapes, electrical and graphic arts applications; wallpaper, building materials
and sandpaper; and cover/decorative materials for office and school supplies,
publishing, printing and premium packaging.
This
document contains forward-looking statements. Actual results may differ
depending on risk factors discussed in the company's Form 10-K/A as filed with
the SEC on May 4, 2005, which is accessible on the company's Web site at
www.fibermark.com.