Case No. 00-34533, Jointly AdministeredUnited States Bankruptcy Court, E.D. Virginia.
February 3, 2004
Bruce H. Matson, Esquire, Troy Savenko, Esquire, Katharine Macaulay Mueller, LeCLAIR RYAN, Richmond, Virginia, for the Debtors
ORDER AUTHORIZING HMY ROOMSTORE, INC. TO ENTER INTO A NON-RESIDENTIAL REAL PROPERTY LEASE (Fayetteville, North Carolina — Store 9625)
DOUGLAS TICE, Chief Judge, Bankruptcy
This matter came before the Court on the Debtors’ Motion And Memorandum Of Law In Support Thereof To Authorize HMY RoomStore, Inc. To Enter Into A Non-Residential Real Property Lease (the “Motion”), filed by the above-captioned debtors and debtors-in-possession (collectively the “Debtors”). Upon a review of the Motion and the comments of counsel in open court, the Court has determined that: notice of the Motion was proper and sufficient under the circumstances and that no further notice need be given; that the relief requested in the Motion is in the best interests of the Debtors, their estates, their creditors and other parties in interest. Accordingly, the Court makes the following findings of fact:
A. The continued operation of Store 9625 is necessary to the effective reorganization of the RoomStore and the Debtors.
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B. The terms set forth in the Lease attached to the Motion asExhibit A are fair and reasonable under current market conditions and have been negotiated at arm’s length and in good faith.
C. The Debtors’ execution of the Lease is proposed in good faith, supported by the Debtors’ sound business judgment, and are in the best interests of the Debtors, their creditors, and the Debtors’ estates.
D. The Debtors have provided adequate notice of the Motion under the circumstances and no further notice is necessary.
Based upon the foregoing, it is hereby ORDERED that:
1. The Motion is granted;
2. Capitalized terms not defined herein shall have the meaning ascribed to them in the Motion;
3. Room Store is hereby authorized and empowered to take such action as is necessary or advisable to execute the Lease and the transactions contemplated thereby; and
4. Upon entry, the Clerk shall serve a copy of this Order to those parties on the attached Service List.