Case No: 01-06987-TOM-11United States Bankruptcy Court, N.D. Alabama, Southern Division
January 24, 2002
ORDER AND NOTICE OF HEARING
TAMARA O. MITCHELL, United States Bankruptcy Judge
This matter came before the Court on Thursday, January 24, 2002 at 9:30 a.m., for a hearing on the following:
1) DEBTOR’S MOTION TO SELL ASSETS OF LOUISVILLE, KENTUCKY STORE FREE AND CLEAR OF LIENS AND TO ASSUME AND ASSIGN LEASE (PROCEEDING #82)
OBJECTION TO MOTION TO SELL ASSETS OF LOUISVILLE, KENTUCKY STORE FILED BY 200 BLOCK/CHC LP (PROCEEDING #183)
2) MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT FILED BY D.C. ONE ASSOCIATES, L.P. (PROCEEDING #83) (AMENDMENT TO MOTION REQUESTING ALTERNATIVELY RELIEF FROM STAY-PROCEEDING #162)
3) FINAL HEARING ON MOTION FOR RELIEF FROM STAY FILED BY TRC ONE RODNEY SQUARE, LLC (PROCEEDING #123)
4) MOTION TO COMPEL DEBTOR TO ASSUME OR REJECT LEASES FILED BY TRC ONE RODNEY SQUARE (PROCEEDING #124)
5) MOTION FOR PAYMENT OF ADMINISTRATIVE CLAIM, TO LIFT THE AUTOMATIC STAY, FOR ADEQUATE PROTECTION AND OTHER RELIEF FILED BY STANPLACE LIMITED PARTNERSHIP (PROCEEDING #140)
6) FINAL HEARING ON MOTION FOR RELIEF FROM STAY OR IN THE ALTERNATIVE FOR ADEQUATE PROTECTION FILED BY 919 EIGHTEENTH STREET, N.W., ASSOCIATES (PROCEEDING #144)
7) MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT FILED BY W9/LWS (910 TRAVIS STREET) (PROCEEDING #151)
8) OBJECTION TO DEBTOR’S MOTION TO EXTEND TIME TO ASSUME OR REJECT LEASES FILED BY 114 MILLENNIUM, LTD. (PROCEEDING #163)
9) OBJECTION TO DEBTOR’S MOTION TO EXTEND TIME TO ASSUME OR REJECT FILED BY STANPLACE L.P. (PROCEEDING #164)
10) FINAL HEARING ON MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT, OR IN THE ALTERNATIVE, MOTION FOR RELIEF FROM STAY FILED BY WASHINGTON REAL ESTATE INVESTMENT (PROCEEDING #171)
11) FINAL HEARING ON MOTION FOR RELIEF FROM STAY, ALTERNATIVELY FOR ADEQUATE PROTECTION FILED BY MADISON TWO ASSOCIATES (PROCEEDING #173)
12) MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT FILED BY MADISON TWO ASSOCIATES (PROCEEDING #174)
13) FINAL HEARING ON MOTION FOR RELIEF FROM STAY, OR IN THE ALTERNATIVE, MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT FILED BY CHARLES E. SMITH REAL ESTATE, L.P. (PROCEEDING #175)
14) OBJECTION TO DEBTOR’S MOTION TO EXTEND TIME TO ASSUME OR REJECT LEASES FILED BY STERLING EAST OHIO (PROCEEDING #179)
15) OBJECTION TO DEBTOR’S MOTION TO EXTEND TIME TO ASSUME OR REJECT FILED BY TRIZECHAHN OFFICE PROPERTIES (PROCEEDING #180)
(JAMES HANSEN TO APPEAR BY PHONE 713-877-8200)
16) FINAL HEARING ON MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT, FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE, AND OR RELIEF FROM THE AUTOMATIC STAY FILED BY HOOVER MALL LIMITED, L.P. (PROCEEDING #186)
17) MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT, FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE FILED BY NEW YORK PROPERTY, INC. (PROCEEDING #188) (CONSENT ORDER TERMINATING STAY ENTERED 12-20-01)
18) FINAL HEARING ON APPLICATION FOR PAYMENT OF ADMINISTRATIVE EXPENSE AND MOTION FOR RELIEF FROM STAY FILED BY SUNTRUST PLAZA ASSOCIATES, LLC (PROCEEDING #208B)
19) FINAL HEARING ON MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT OR IN THE ALTERNATIVE MOTION FOR RELIEF FROM STAY FILED BY STONE TRACT ASSOCIATES (PROCEEDING #210)
20) FINAL HEARING ON MOTION FOR RELIEF FROM STAY OR IN THE ALTERNATIVE FOR ADEQUATE PROTECTION FILED BY NORTHWESTERN DEVELOPMENT COMPANY, INC. (PROCEEDING #216)
21) FINAL HEARING ON MOTION FOR RELIEF FROM STAY, OR IN THE ALTERNATIVE, MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT FILED BY TWIN TOWERS II ASSOCIATES LIMITED PARTNERSHIP (PROCEEDING #224)
22) FINAL HEARING ON MOTION FOR RELIEF FROM STAY, OR IN THE ALTERNATIVE, MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT FILED BY 500 C STREET ASSOCIATES LIMITED PARTNERSHIP (PROCEEDING #225)
23) FINAL HEARING ON MOTION FOR RELIEF FROM STAY, OR IN THE ALTERNATIVE, MOTION TO COMPEL DEBTOR TO PAY POST-PETITION RENT FILED BY JMB-1250 CONNECTICUT AVENUE ASSOCIATES, LTD (PROCEEDING #226)
24) FINAL HEARING ON MOTION FOR RELIEF FROM STAY, OR IN THE ALTERNATIVE, FOR ADEQUATE PROTECTION FILED BY 114 MILLENIUM, LTD. (PROCEEDING #227)
25) FINAL HEARING ON MOTION FOR RELIEF FROM STAY AND REQUEST FOR EXPEDITED HEARING AND APPLICATION OF SECTION 362(e) OF THE BANKRUPTCY CODE FILED BY 485 PROPERTIES, LLC (PROCEEDING #237)
26) MOTION TO COMPEL PAYMENT OF POST-PETITION RENT AND ALTERNATIVELY, MOTION FOR RELIEF FROM STAY FILED BY PRESBYTERIAN HEALTHCARE SYSTEM (PROCEEDING #263)
(DEA RUTTMAN, ATTORNEY FOR PRESBYTERIAN HEALTH TO APPEAR BY PHONE — DALLAS, TX 214-999-4250)
27) FINAL HEARING ON MOTION FOR RELIEF FROM STAY, OR ALTERNATIVELY, FOR PAYMENT OF POST-PETITION RENT FILED BY PARK CENTRAL 789 REALTY HOLDING COMPANY, INC. (PROCEEDING #265)
28) DEBTOR’S MOTION TO EXTEND TIME TO ASSUME OR REJECT UNEXPIRED REAL ESTATE LEASES AND EXECUTORY CONTRACTS (PROCEEDING #145), AND OBJECTIONS, IF ANY (UNTIL JANUARY 31, 2002)
29) APPLICATION TO EMPLOY PROFESSIONAL PERSONS, JAMES H. STOCK, JAMES FRANCIS BARNA, AND THE FIRM WEINTRAUB, STOCK, BENNETT GRISHAM, P.C., AS SPECIAL ATTORNEYS FOR THE DEBTOR AND OBJECTIONS, IF ANY (PROCEEDING #204)
(JAMES STOCK TO APPEAR BY PHONE 901-526-0431)
30) DEBTOR’S MOTION TO EXTEND EXCLUSIVITY PERIODS FOR FILING A PLAN AND OBTAINING ACCEPTANCE OF A PLAN (PROCEEDING #272)
31) OBJECTION TO DEBTOR’S MOTION TO EXTEND EXCLUSIVITY PERIOD FILED BY FWSD, INC. (PROCEEDING #298)
Proper notice of the hearing was given and appearances were made by the following:
CHARLES DENABURG, ATTORNEY FOR DEBTOR
KIMBERLY GLASS, ATTORNEY FOR DEBTOR
PATRICK DARBY, ATTORNEY FOR FWSD, INC.
VIRGINIA PATTERSON, ATTORNEY FOR FWSD, INC.
LLOYD PEEPLES, ATTORNEY FOR FWSD, INC.
J. THOMAS CORBETT, ATTORNEY WITH THE BANKRUPTCY ADMINISTRATOR’S OFFICE
MATTHEW GRILL, ATTORNEY FOR HMS HOST ET AL
RICK JOHANSON, ATTORNEY FOR TRC ONE RODNEY SQUARE
485 PROPERTIES
BETH ROGERS, ATTORNEY FOR WHML-S REAL ESTATE
STANPLACE LTD PARTNERSHIP, APPEARING BY PHONE
JOHN GRAHAM, ATTORNEY FOR W-99
SCOTT WILLIAMS, ATTORNEY FOR CHARLES E. SMITH REAL ESTATE
SCOTT HALLER, ATTORNEY FOR NEW YORK AVENUE PROPERTY HOOVER MALL LTD.
RITA DIXON AND ROBERT RUBIN, ATTORNEYS FOR AMSOUTH BANK
DON WRIGHT, ATTORNEY FOR MADISON ASSOCIATES
STEPHEN PORTERFIELD, ATTORNEY FOR UAB HEALTH SERVICES
JESSE VOGTLE, ATTORNEY FOR JMB-12500 CONNECTICUT AVENUE ASSOC. ET AL
JIM WILSON, ATTORNEY FOR AK HOLDINGS, INC.
JAY CLARK, ATTORNEY FOR MARRAY-ASH PLAZA TRADE CENTER MANAGEMENT
It is therefore ORDERED, ADJUDGED and DECREED that:
1) THESE MATTERS ARE CONTINUED FOR A STATUS CONFERENCE TO FEBRUARY 11, 2002 AT 10:30 AM CENTRAL TIME IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
2-27) THE MOTIONS FOR RELIEF FROM STAY ARE DUE TO BE GRANTED EFFECTIVE 15 DAYS FROM ENTRY OF EACH ORDER. COUNSEL FOR THE MOVANTS SHALL SUBMIT PROPOSED ORDERS AFTER APPROVAL BY COUNSEL FOR FWSD, INC. AND THE DEBTOR.
THE OBJECTIONS TO THE DEBTOR’S MOTION TO EXTEND TIME TO ASSUME OR REJECT ARE OVERRULED. THE COURT ADOPTS AND INCORPORATES AS PART OF THIS ORDER THE CONCLUSIONS OF LAW SET FORTH IN THE MEMORANDUM OPINION AND ORDER ENTERED JANUARY 24, 2002 REGARDING THE SAME ISSUES (PROCEEDING #303).
ALL OTHER MATTERS WERE EITHER CONTINUED OR OTHERWISE RESOLVED AS NOTED ON THE RECORD.
28) THE MOTION (PROCEEDING #145) IS GRANTED AND THE TIME TO ASSUME OR REJECT UNEXPIRED REAL ESTATE LEASES AND EXECUTORY CONTRACTS IS EXTENDED UNTIL 12:01 AM FEBRUARY 1, 2002.
29) THIS MATTER IS CONTINUED UNTIL FEBRUARY 11, 2002 AT 10:30 AM.
30) THE MOTION (PROCEEDING #272) IS GRANTED.
31) THE OBJECTION (PROCEEDING #298) WAS WITHDRAWN IN OPEN COURT.