CASE NO. 00-03373-MH3-11, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee, Nashville Division.
April 24, 2003
LEFKOVITZ AND LEFKOVITZ, Steven L. Lofkovitz, Nashville, TN, Attorney for Movant.
HARWELL HOWARD HYNE, GABBERT MANNER, P.C., David P. Cañas, Nashville, TN, Attorneys for Debtors.
AGREED ORDER GRANTING MOTION TO MODIFY AUTOMATIC STAY
MARIAN F. HARRISON, United States Bankruptcy Judge
As evidenced by signatures of counsel for New American Healthcare Corporation and NAHC of Texas, Inc., debtors in these jointly administered cases, and counsel for Teresa Lenice McDaniel as parent and next friend of Jaquarius Damontrez Smith (“Movant”), the parties agree that the automatic stay should be modified for the limited purpose of allowing Movant to pursue, to the extent, and only to the extent, insurance coverage is available, the cause of action currently pending in the District Court, State of Texas, styled Teresa Lenice McDaniel, asparent and next friend of Jaquarius Damontrez Smith. a minor v. NAHC ofTexas, Inc., individually, and D/B/A Memorial Hospital of Center: EnidDurham, R.N., Emergency Care Specialists of Texas, P.A.; Vera M. Reed,M.D. a/k/a Vera Mae Luther. M.D.: and Juliana B. Alindada. M.D., Case No. 03CV27744.
Based upon the foregoing, it is hereby ORDERED that the stay is modified for the limited purpose of allowing Movant to proceed against NAHC of Texas, Inc., to the extent, and only to the extent, that liability insurance coverage “is available to defend and satisfy Movant’s claims. In the event no insurance company accepts coverage, this Order shall not be deemed to modify the stay. Movant shall have no claim against Debtor for any amounts in excess of the coverage provided by the above insurance policy.