IN RE ACCIDENT INJURY PAIN CENTERS, INC. (Bankr.N.D.Tex. 2005)


IN RE: ACCIDENT INJURY PAIN CENTERS, INC., ACCIDENT INJURY PAIN CENTER OF NORTH GARLAND, INC., ACCIDENT INJURY PAIN CENTER OF MESQUITE, INC., ACCIDENT INJURY PAIN CENTER OF OAK CLIFF — SOUTH, INC., METROPLEX PAIN CENTER, INC., LONE STAR RADIOLOGY MANAGEMENT L.L.C., WHITE ROCK OPEN AIR MRI, L.L.C., NORTH TEXAS OPEN AIR MRI, L.L.C. REHAB 2112, L.L.C. RECEIVABLE FINANCE COMPANY L.L.C., Entity Debtors. ROBERT M. SMITH STEPHEN ARTHUR SMITH, Individual Debtors.

Case Nos. 05-31688-HDH-11, 05-31696-BJH-11, 05-31695-HDH-11, 05-31694-BJH-11, 05-31697-SAF-11, 05-31693-HDH-11, 05-31689-SAF-11, 05-31690-HDH-11, 05-31691-SAF-11, 05-31692-BJH-11, 05-31956-HDH-11, 05-32021-BJH-11, Jointly Administered Under Case No. 05-31688-HDH-11.United States Bankruptcy Court, N.D. Texas, Dallas Division.
August 31, 2005

Glenn A. Portman, State Bar No. 16161600, Bennett, Weston
LaJone, P.C., Dallas, Texas, ATTORNEYS FOR THE ENTITY DEBTORS.

E. PAUL KEIFFER, COUNSEL TO THE OFFICIAL CREDITORS COMMITTEE.

JAMES HOEFFNER, COUNSEL TO THE ALLSTATE INSURANCE ENTITIES.

AGREED ORDER GRANTING EXPEDITED MOTION FOR ENTRY AGREED ORDER CONTINUING EXCLUSIVE PERIOD THROUGH OCTOBER 21, 2005
HARLIN D. HALE, Bankruptcy Judge

CAME ON to be considered the “Expedited Motion For Entry Agreed Order Continuing

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Exclusive Period Through October 21, 2005, (“Motion”) filed herein by the above Debtors (“Debtors”). The Court finds that it has jurisdiction to enter this order as to the Debtors, that cause exists to grant the relief requested in the Motion and that such relief is in the best interests of the estates and all parties in interest. The Court further finds that sufficient notice of the Motion was provided to appropriate parties-in-interest under the circumstances and the Committee and The Allstate Insurance Company and its affiliated insurance entities notwithstanding their filed objections to the Second Amended Joint Disclosure Statement have consented to the entry of this order.

THE COURT HEREBY FINDS:

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). Venue of the Chapter 11 Cases is proper in this district pursuant to 28 U.S.C. §§ 1408 and 1409.
2. Cause exists to grant an extension of the exclusive period to confirm a plan for the Debtors because the Debtors are making substantial progress in the administration of their cases and presenting a joint disclosure statement and plan with the Committee.

THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED THAT:

1. The Motion is granted, subject to the terms set forth herein.
2. Accident Injury Pain Centers, Inc. d/b/a Accident Injury Chiropractic (“AI”) and the other Debtors defined above are granted an extension of the exclusive period to confirm a plan of reorganization until October 21, 2005 pursuant to 11 U.S.C. Sec. 1121 (c)(3) and (d).

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3. The settings for the disclosure statement shall be continued on August 29, 2005, and, if necessary, such dates as set by the Court and such continuations of the disclosure statement hearings are adequate by the notice of the entry of this order.

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