Case No. BK-S-00-19258-LBRUnited States Bankruptcy Court, D. Nevada
February 2, 2001
Nancy L. Allf, Esq., Nevada Bar No. 0128, ALLF PAUSTIAN associated with SULLIVAN, HILL, LEWIN, REZ ENGEL, Las Vegas, NV., Local Counsel for Signature Flight Support Corporation.
Gregory J. Mascitti, Esq., NIXON PEABODY LLP, Rochester, NY., Attorneys for Signature Flight Support Corporation.
Craig D. Hansen, SQUIRES, SANDERS DEMPSEY, Attorneys for Debtor.
ORDER GRANTING MOTION FOR ENTRY OF AN ORDER FOR: (I) DENYING DEBTOR’S MOTION TO ASSUME A CERTAIN GROUND HANDLING AGREEMENT, (II) GRANTING SIGNATURE RELIEF FROM THE AUTOMATIC STAY TO TERMINATE THE AGREEMENT, (III) GRANTING SIGNATURE ADEQUATE PROTECTION IN THE EVENT THE STAY IS NOT LIFTED, AND (IV) GRANTING SIGNATURE AN ADMINISTRATIVE EXPENSE CLAIM FOR SERVICES PROVIDED TO DEBTOR POSTPETITION
LINDA B. RIEGLE, United States Bankruptcy Judge.
A continued hearing on the motion of Signature Flight Support Corporation (“Signature”) for entry of an Order for: (i) denying Debtor’s Motion to assume a certain ground handling agreement, (ii) granting Signature relief from the automatic stay to terminate the agreement, (iii) granting Signature adequate protection in the event the stay is not lifted, and (iv) granting Signature an administrative expense claim for services provided to Debtor postpetition (the “Motion”), having come on for hearing before this Honorable Court, Honorable Linda B. Riegle presiding. The debtor being represented by Craig Hansen, Esquire, of Squires, Sanders Dempsey and Movant being represented by its local counsel, Nancy L. Allf of Allf Paustian in Association with Sullivan, Hill, Lewin Rez Engel, and other appearances having been made in open court and appearing on the record, and the court having reviewed the Supplemental Briefs filed by the parties and for good cause appearing;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT the stay is lifted, and the Agreement between the parties shall be terminated as of Midnight on February 2, 2001;
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED THAT no further order of this court is necessary for Signature Flight Support Corporation to terminate the contract;
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED THAT the debtor shall pay Signature Flight Support Corporation in full, the invoiced amount owed through the termination of the contract, not later than twenty (20 ) days after the termination of the contract; and
IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT upon payment of the invoiced amount for services rendered through February 2, 2001, Signature Flight Corporation shall have no further claim against National or it’s estate for rejection damages.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT the court shall accept a fax signature of the debtor’s counsel in lieu of an original.
ORDER
IT IS SO ORDERED.