Case No. 02-00979-KL3-11 Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee, Nashville Division
February 11, 2003
David P. Canas, HARWELL HOWARD HYNE, GABBERT MANNER, P.C., Nashville, Tennessee; Attorneys for Debtors
Robert C. Goodrich, Jr., STITES HARBISON, PLLC., SunTrust Center, Nashville, Tennessee; Attorneys for Transamerica Equipment Financial Services Corporation
Randal S. Mashburn, BAKER, DONELSON, BEARMAN CALDWELL Nashville, Tennessee, Attorneys for the Unsecured Creditors Committee
ORDER HOLDING IN ABEYANCE FURTHER BRIEFING AND HEARING ON TRANSAMERICA EQUIPMENT FINANCIAL SERVICE CORPORATIONS MOTION FOR PARTIAL SUMMARY JUDGMENT
KEITH M. LUNDIN, United States Bankruptcy Judge
Based upon the signatures of counsel below for the Debtors and Transamerica Equipment Financial Services Corporation (“Transamerica”), it appears that parties stipulate as follows:
1. Transamerica filed a Motion to Compel Payment Pursuant to 11 U.S.C. § 365(d)(10) and for Allowance and Payment of Administrative Expense Claim (the “Transamerica Claim Motion”) on November 12, 2002. The Debtors and the Official Committee of Unsecured Creditors timely filed objections to the Transamerica Claim Motion.
2. On January 6, 2003, Transamerica filed a Motion for Partial Summary Judgment concerning several issues raised by the Transamerica Claim Motion and objections thereto. Pursuant to an agreement with counsel, and upon approval of the Court, an Order was entered on January 16, 2003 establishing a response deadline of February 4, 2003 for the Debtors and the Committee, and a reply brief deadline of February 11, 2003 for Transamerica, and setting the matter for hearing on February 18, 2003.
3. The Debtors and Transamerica have resolved the Transamerica Claim Motion and Debtors’ objection thereto, and are contemporaneously submitting an Agreed Order which will provide notice of that settlement.
4. Based upon the settlement of the Transamerica Claim Motion by the Debtors and Transamerica, the parties believe that the partial summary judgment motion, the remaining briefing, and the hearing thereon will be rendered moot.
Accordingly, IT IS HEREBY ORDERED that the briefing schedule set forth in the Court’s January 16, 2003 Order is held in abeyance until such time as the settlement of the Transamerica Claims Motion becomes final; and that the hearing on Transamerica’s Motion for Partial Summary Judgment scheduled for February 18, 2003 is canceled.