Case No. 02-40045 (JHS), (Jointly Administered with Case No, 02-40046 (JHS))United States Bankruptcy Court, N.D. Illinois.
September 30, 2003
[This Pleading Applies To The CRE Case Only] ORDER RESOLVING MOTION FOR RELIEF FROM AUTOMATIC STAY FILED BY
SS PETROLEUM PRODUCTS, BILL ANEST AND PETER ANEST
JOHN SQUIRES, Bankruptcy Judge
Upon the “Motion For Relief From Automatic Stay” (the “Motion”) filed on July 3, 2003 by SS Petroleum Products, Bill Anest and Peter Anest (together, the “Lessor”), wherein the Lessor sought entry of an order modifying the automatic stay imposed pursuant to section 362(a) of chapter 11 of title 11 of the United States Code, 11 U.S.C §§ 101 et seq, (the “Bankruptcy Code”), to allow the Lessor to exercise its rights under certain leases listed on Schedule “A” to the Motion (the “Leases”);
And the Court having considered the “Omnibus Preliminary Objection Of Debtors And Debtors In Possession To: (I) Motion To Modify The Automatic Stay Filed By The Illinois Department Of Transportation: (II) Motion For Relief From Automatic Stay Filed By Illico, Inc. And Carroll L. Knight, Trustee; And (III) Motion For Relief From Automatic Stay Filed By SS Petroleum Products, Bill Anest And Peter Anest” filed by the debtors and debtors in possession in the above-captioned chapter 11 cases (the “Debtors”);
And the Court having previously entered the “Order Under 11 U.S.C. § 105, 363, 365 and 1146(c) And F.R.Bankr.P. 2002, 6004 And 6006; (A) Establishing Marketing Procedures Governing The Solicitation Of Bids And Approving Bidding Procedures; (B) Scheduling Sale Hearing; And (C) Granting Related Relief* (the “Auction Procedures Order”) on June 10, 2003;
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And the Court having: (i) approved the assumption and assignment (the “Sales”) of each of the Leases at sale hearings conducted pursuant to the Auction Procedures Order; and (ii) entered individual orders (the “Sale Orders”) approving each of the Sales;
And the Court having considered the arguments and representations of counsel at the hearings thereon, and upon the record herein after due deliberation thereon;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. The Motion has been rendered moot pursuant to the Sale Orders,
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