Case No. 02-43582-H4-11 JOINTLY ADMINISTEREDUnited States Bankruptcy Court, S.D. Texas.
October 6, 2003
Patrick L. Hughes, JoAnn Lippman, HAYNES AND BOONE, L.L.P., Houston, TX, for MMFS
Bruce P. Babbitt, JAMESON BABBITT STITES LOMBARD, Seattle, WA, for MMFS
Marcy E. Kurtz, Tony Visage, BRACEWELL PATTERSON, Houston, TX, for DISBURSING AGENT
JOINT STIPULATION AND AGREED ORDER CONTINUING HEARING ON MOTION OF MACDONALD-MILLER FACILITY SOLUTIONS, INC., FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSES (Refers to Docket no. 2854)
WILLIAM GREENDYKE, Bankruptcy Judge
Macdonald-Miller Facility Solutions, Inc. (“MMFS”), and the disbursing agent of Encompass Services Corporation, et al. (“Debtors”) (collectively the “Parties”), file this Joint Stipulation Continuing Hearing on MMFS’ Motion for Allowance and Payment of Administrative Expenses (the “Motion”) as follows:
RECITALS
WHEREAS, MMFS timely filed the Motion seeking immediate allowance and payment of its administrative expense claims in the form of payment, set off and/or recoupment of any amounts MMFS may owe to Debtors;
WHEREAS, the Debtors may have available coverage under one or more policies of insurance for the benefit of claims asserted by MMFS against the Debtors;
WHEREAS, third parties may be liable for certain of the MMFS claims asserted in the Motion;
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WHEREAS, the Parties are attempting to resolve the issues raised by the Motion through informal discovery and negotiation;
WHEREAS, the hearing on the Motion is currently set for October 29, 2003;
WHEREAS, the Parties agree that a continuation of the hearing would be in the best interest of the creditors of the estate.
STIPULATION AND AGREED ORDER
ACCORDINGLY, based upon the foregoing Recitals and subject to approval by this Court, the Parties hereto Stipulate and agree as follows:
1. MMFS expressly reserves its rights to assert all claims against applicable insurance policies;
2. MMFS expressly reserves to rights against any third parties that may be liable on any of the claims asserted in its Motion;
3. The hearing on the Motion currently set for October 29, 2003, shall be continued to December 17, 2003, at 11:OO a.m. in Courtroom 403, 515 Rusk, Houston, Texas.