In Re: AMERICAN HOMEPATIENT, INC., ET. AL., Debtor.

Case No. 302-08915, Chapter 11(Jointly Administered).United States Bankruptcy Court, M.D. Tennessee.
May 8, 2003

ORDER
GEORGE C. PAINE, II, Chief United States Bankruptcy Judge

This matter is before the court on the joint motion of the Official Committee of Equity Security Holders and the Bank of Montreal, as Administrative Agent for the Senior Secured Lenders (hereinafter collectively “Movants”) apparently requesting that this court enjoin itself by reserving its ruling on the pending confirmation of the Debtor’s and Official Committee of Unsecured Creditors’ Second Amended Joint Plan of Reorganization or, alternatively, to set an expedited hearing to consider the injunction request. A motion to enjoin the court from ruling on a pending mailer is unknown by this court to be authorized by statute or case law.

The Movants allege that a delay in the court’s ruling will promote further, meaningful settlement negotiations. The debtor’s response states that while the debtor is open to continued settlement negotiations, it opposes any action to delay the court’s ruling.

The court denies the Movant’s request for an expedited hearing and denies the Movant’s request to reserve ruling on the pending confirmation issues. The parties are free to engage in settlement negotiations before and after this court’s ruling, and were free to negotiate prior to and during the confirmation hearing. The court will not delay its ruling at this point. The court’s decision will be entered upon its completion.

It is therefore so ORDERED.