Case No. 04-22421 (Jointly Administered).United States Bankruptcy Court, E.D. Wisconsin.
February 27, 2004.
ORDER AUTHORIZING THE DEBTORS TO PAY SALES, USE, FRANCHISE AND OTHER SIMILAR TAXES
SUSAN KELLEY, Bankruptcy Judge
Upon the Motion (the “Motion”)[2] of the debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the “Debtors”) seeking entry of an order (a) authorizing, but not directing, the Debtors to pay sales, use, franchise and other similar taxes as well as certain fees, licenses and other similar charges and assessments and (b) authorizing applicable banks and other financial institutions to receive, process, honor and pay all checks presented for payment that were drawn in satisfaction of the prepetition amounts referenced
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herein; and it appearing that the relief requested is essential to the continued operation of the Debtors’ business and is in the best interest of the Debtors’ estates and creditors; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing that this Motion is a core proceeding pursuant to 28 U.S.C. § 157; and adequate notice of the Motion having been given; and it appearing that no other notice need be given; and after due deliberation and sufficient cause appearing therefore, it is hereby:
ORDERED that the Motion is granted and approved; and it is further
ORDERED that the Debtors are authorized, in their sole discretion, to pay the Authorities prepetition and postpetition Taxes and Fees incurred or collected by the Debtors in the ordinary course of their businesses on behalf of the Authorities; and it is further
ORDERED that all depositories on which checks were drawn in payment of prepetition Taxes and Fees (and approved herein) are authorized and directed to receive, process and honor all such checks as and when presented for payment; provided, however, that funds are available in the Debtors’ bank accounts to cover such checks; and provided further, that all such depositories are authorized to rely on the Debtors’ designation of any particular check as approved by this Order; and it is further
ORDERED that the Debtors are authorized to reissue any check which was drawn in payment of any prepetition Taxes and Fees that was not cleared by a depository; and it is further
ORDERED that nothing herein shall impair the Debtors’ ability to contest, without prejudice, in their sole discretion, the validity and amounts of the Taxes and/or Fees owing to the Authorities; and it is further
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ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from the implementation of this Order.