No. 301-12036, No. 301-12164, No. 301-12166, No. 301-12165, No. 301-12163 and No. 301-42167United States Bankruptcy Court, M.D. Tennessee, Nashville Division
November 13, 2002
Attorneys for Debtors and Debtors-in-Possession: GARRY BROWN and CHARLES K. GRANT with DINSMORE SHOHL LLP from Nashville, TN. Also KIM MARTIN LEWIS and TIM J. ROBINSON with DINSMORE SHOHL LLP from Cincinnati, Ohio.
ORDER DIRECTING JOINT ADMINISTRATION OF CASES PURSUANT TO BANKRUPTCY RULE 1015(b) NUNC PRO TUNC
KEITH M. LUNDIN, United States Bankruptcy Judge
This matter having come before the Court upon the Debtors’ Application for an Order Directing Joint Administration of Cases Pursuant to Bankruptcy Rule 1015(b) (the “Application”) filed by Phoenix Restaurant Group, Inc. (“PRG”) and its above-captioned direct and indirect subsidiaries (collectively, the “Subsidiary Debtors”)) debtors and debtors-in-possession (PRG and the Subsidiary Debtors collectively, the “Debtors”), the Court having reviewed the Application and the Affidavit of Jeffrey Pate in Support of Chapter 11 Petitions and First Day Orders, sworn to on October 30, 2001, and after due deliberation and sufficient cause appearing therefore:
THE COURT HEREBY FINDS AND CONCLUDES
1. All capitalized terms herein not specifically defined in this Order will retain the meanings assigned to them in the Debtors’ Application;
2. The relief requested in the Application is necessary and in the best interests of Debtors and their respective estates, creditors, and shareholders;
3. Proper and adequate notice has been given and no other or further notice is necessary.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
4. Each of the above-captioned chapter 11 cases of PRG and the Subsidiary Debtors shall be, and hereby are, consolidated for procedural purposes only and shall be jointly administered by the Court.
5. The caption of the jointly administered case shall read as follows:
IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
IN RE: ) Jointly Administered) Under PHOENIX RESTAURANT GROUP, ) CASE NO. 301-12036 INC., et al, ) Debtors ) Chapter 11) Judge Lundin
5a. The caption shall include the particular Debtor affected by the relief sought in the Motion or Application.
6. A docket entry shall be made in each of the Debtors’ cases substantially as follows:
An order has been entered in this case directing the procedural consolidation and joint administration of the chapter 11 cases of Phoenix Restaurant Group, Inc., DenAm, Inc., Phoenix Foods, Inc., Black-eyed Pea U.S.A., Inc., Texas BEP, L.P. and Prufrock Restaurants of Kansas, Inc., and the docket in Case No. 301-12036 should be consulted in all matters affecting this case.
7. Service of the Application as described in that Application, and the notice of hearing on emergency motions described in this Court’s Order Setting Emergency Hearing on Selected First Day Motions and Shortening the Time Period of Notice and Setting Expedited Hearing Upon Selected First-Day Motions, entered in these cases as a separate order is deemed adequate and appropriate under the circumstances and in full compliance with applicable provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Rules of this Court. Further notice to parties in interest to individual First Day Motions is hereby waived.
8. This Order shall be effective nunc pro tunc to the Petition Date.
IT IS SO ORDERED.