CASE NO. 02-43582-H4-11, Jointly AdministeredUnited States Bankruptcy Court, S.D. Texas
November 9, 2003
Marcy E. Kurtz, Bracewell Patterson, L.L.P., Houston, TX, for Debtors’ Disbursing Agent
Alfredo R. Perez and Lydia T. Protopapas Weil, Gotshal Manges LLP, Houston, TX, for Debtor
R. Michael Farquhar and Mark Brannum, Winstead Sechrest Minick P.C., Dallas, TX, for Lenders
Jennifer Gore, Andrews Kurth LLP, Houston, TX, for Unsecured Creditors Committee
Paul Watson, Sivyer Barlow Watson, P.A., Tampa, FL, for The Fechtel Company United States Mail
STIPULATION AND AGREED ORDER REGARDING EXTENSION OF DISBURSING AGENT’S DEADLINE TO RESPOND TO THE FECHTEL COMPANY’S MOTION FOR LEAVE TO FILE LATE PROOF OF CLAIM
WILLIAM GREENDYKE, Bankruptcy Judge
Encompass Services Corporation and its subsidiaries (the “Debtors”) and the Fechtel Company (“Fechtel” and together with the Debtors, the “Parties”) stipulate as follows:
1. WHEREAS, on November 19, 2002, the Debtors filed their voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code.
2. WHEREAS, on May 21, 2003, this Court entered an order confirming the Immaterially Modified Second Amended Join Plan of Reorganization of Encompass Services Corporation and its Affiliated Debtors Under Chapter 11 of the Bankruptcy Code and supplemented by the Plan Supplement, the First Amended Plan Supplement, and the Second Amended Plan Supplement (collectively, the “Plan”). On June 9, 2003, the Plan became effective.
3. WHEREAS, as of the Effective Date, and pursuant to Article 5.3 of the Plan, each of Debtor’s assets and liabilities were merged with and pooled with the assets and liabilities of each of the other Debtors, and each and every Claim filed or to be filed in the Chapter 11 case of any of the Debtors is deemed filed against the consolidated Debtors and is deemed one Claim against, and obligations of, the consolidated Debtors.
4. WHEREAS, on September 30, 2003, Fechtel filed its Motion for Leave to File Late Proof of Claim (the “Motion”) against the Debtors for damages associated with mold remediation.
5. WHEREAS, the Disbursing Agent’s current deadline to respond to the Motion is October 20, 2003 (the “Deadline”).
NOW THEREFORE, THE PARTIES HERETO STIPULATE that the Deadline for the Disbursing Agent to respond to the Motion is extended by three weeks, to and including November 10, 2003, in order to attempt a settlement of the Motion.
IT IS HEREBY ORDERED that the Stipulation is approved, and the Deadline for the Disbursing Agent to respond to the Motion is extended by three weeks, to and including November 10, 2003.