Case No. 03-46591 (DML), Jointly Administered.United States Bankruptcy Court, N.D. Texas, Fort Worth Division.
October 6, 2004
ORDER GRANTING DEBTORS’ MOTION PURSUANT TO 11 U.S.C. §§ 105 and 363(b), (f) FOR APPROVAL OF PROCEDURES TO SELL CERTAIN VEHICLES FREE AND CLEAR OF LIENS, CLAIMS, ENCUMBRANCES, AND INTERESTS
DENNIS MICHAEL LYNN, Bankruptcy Judge
Upon the motion, dated September 13, 2004, (the “Motion”)[1] of Mirant Corporation (“Mirant”) and its affiliated debtors, as debtors and debtors-in-possession (collectively, the “Debtors”), for approval of procedures by which the Debtors may sell certain Vehicles, free and clear of liens, claims, encumbrances, and interests pursuant to 11 U.S.C. § and 363(b), (f); and it appearing that there is good cause to sell the Vehicles pursuant to the procedures requested in the Motion; and it appearing that the Court has jurisdiction over this matter; and it appearing that due notice of the Motion has been provided, and that no other or further notice need be provided; upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor,
IT IS HEREBY:
ORDERED that the Motion is GRANTED; it is further
ORDERED that the procedures to sell the Vehicles set forth in the Motion are approved; it is further
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ORDERED that pursuant to Bankruptcy Code section 363(b), the Debtors are authorized to sell the Vehicles in accordance with the procedures described in the Motion; it is further
ORDERED that pursuant to Bankruptcy Code section 363(f), any Vehicle sold in accordance with the procedures described in the Motion shall be sold free and clear of liens, claims, encumbrances, and interests (collectively “Interests”), if any, and any such Interests shall attach to the sales proceeds of the sale; it is further
ORDERED that the automatic ten (10) day stay of orders authorizing sales of property set forth in Bankruptcy Rule 6004(g) is waived.
IT IS SO ORDERED.
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