8-K 1 eps3327.htm CONGOLEUM CORP. eps3327.htm

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.  20549

FORM 8-K

Current Report Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934

February 26, 2009
Date of Report (Date of earliest event reported)


Congoleum Corporation
(Exact name of registrant as specified in its charter)

      Delaware     
01-13612
02-0398678
(State or other jurisdiction of
incorporation)
(Commission
File Number)
(I.R.S. Employer
Identification No.)


3500 Quakerbridge Road
P.O. Box 3127
Mercerville, NJ  08619-0127
(Address of principal executive offices and zip code)

609-584-3000
(Registrant’s telephone number, including area code)


          N/A          
(Former name or former address,
if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

Written communications pursuant to Rule 425 under the Securities Act  (17 CFR 230.425)
   
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
   
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
   
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
 

 

ITEM 8.01 OTHER EVENTS
 
On February 26, 2009, the United States Bankruptcy Court for the District of New Jersey (the “Bankruptcy Court”) rendered an opinion (the “Opinion”) regarding the motion of First State Insurance Company and Twin City Fire Insurance Company for summary judgment denying confirmation of the amended joint plan of reorganization (the “Amended Plan”) under Chapter 11 of the Bankruptcy Code of Congoleum Corporation (“Congoleum”), the Official Asbestos Claimants’ Committee (the “ACC”) and the Official Committee of Bondholders for Congoleum (the “Bondholders’ Committee”), et al. (Congoleum, the ACC and the Bondholders’ Committee are referred to herein as the “Plan Proponents”).  Pursuant to the Opinion, the Bankruptcy Court entered an order dismissing Congoleum’s bankruptcy case (the “Order of Dismissal”).
 
On February 27, 2009, Congoleum and the Bondholders’ Committee appealed the Order of Dismissal to the U.S. District Court for the District of New Jersey.  On March 3, 2009, an order was entered by the Bankruptcy Court granting a stay of the Bankruptcy Court’s Order of Dismissal until 20 days after  a final non-appealable decision affirming  the Order of Dismissal.
 
A copy of the Opinion is attached hereto as Exhibit 99.1, and is incorporated by reference herein.
 
A copy of the Amended Plan was attached as Exhibit 99.1 to the Current Report on Form 8-K filed by Congoleum with the Securities Exchange Commission on November 19, 2008.
 


 
 

 

 
Item 9.01 Financial Statements and Exhibits

 
Exhibit No.
 
 
Description
 
 
99.1
 
 
Opinion of the United States Bankruptcy Court for the District of New Jersey, dated February 26, 2009.
 

 
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.
 
Date:  March 4, 2009
Congoleum Corporation
     
 
By:
/s/ Howard N. Feist III    
   
Name:  Howard N. Feist III
   
Title:  Chief Financial Officer