Jointly Administered Under CASE NO. 302-00979United States Bankruptcy Court, M.D. Tennessee, Nashville Division.
January 15, 2003
Robert C. Goodrich, Jr., Edward M. Graves III, STITES HARBISON PLLC, Nashville, Tennessee, Attorneys for Transamerica Equipment Financial Services Corporation
Craig V. Gabbert, Jr., David P. Canas, Harwell Howard Hyne Gabbert Manner Nashville Tennessee, Counsel for the Debtors
Randal S. Mashburn, Baker Donelson Bearman Caldwell, Nashville, Tennessee, Counsel for Unsecured Creditor Committee
Joel M. Walker, Buchanan Ingersoll PC, Pittsburgh, PA, Counsel for the Debtors
Charles R. Gibbs Akin Gump Strauss Hauer Feld LLP Dallas, Texas, Counsel for Unsecured Creditor Committee
ORDER SETTING HEARING ON MOTIONS FOR SUMMARY JUDGMENT AND ESTABLISHING SCHEDULE
KEITH M. LUNDIN, United States Bankruptcy Judge
This matter came before this Court on January 7, 2003, on the Motion to Compel Payment Pursuant to 11 U.S.C § 365(d)(10) and for Allowance and Payment of Administrative Expense Claim filed by Transamerica Equipment Financial Services Corporation (“Transamerica”). At the hearing counsel for the Debtors and counsel for Transamerica announced to the Court that Transamerica had filed a Motion for Partial Summary Judgment
and that the Debtors and Transamerica had agreed on a schedule for hearing that Motion. Also present at the hearing were counsel for Komatsu Financial Limited Partnership (“Komatsu”) and National City Leasing, who announced to the Court that they intended to file motions for summary judgment, which contained very similar if not identical issues to the issues raised by Transamerica in its Motion for Partial Summary Judgment.
The parties announced to the Court that they desired to set a filing schedule and a hearing date for Transamerica’s Motion and the motions to be filed by counsel for Komatsu and National City Leasing.
IT IS THEREFORE ORDERED THAT;
1. If Komatsu or National City Leasing desire to have a motion for summary judgment or partial summary judgment heard along with the Motion for Partial Summary Judgment filed by Transamerica, then they shall file their motions, along with any supporting documentation and a memorandum in support, by January 14, 2003.
2. The Debtors, the Unsecured Creditors’ Committee, and any other party having standing to oppose the motion shall file responses by February 4, 2003.
3. Any replies to the responses shall be filed by February 11, 2003.
4. A hearing on the Motion for Partial Summary Judgment filed by Transamerica and on any motion for summary judgment filed by Komatsu or National City Leasing shall be held on February 18, 2003, at 10 o’clock a.m., Courtroom 2, Second Floor, 701 Broadway, Nashville, Tennessee 37203.
5. All documents submitted in connection with these motions for summary judgment shall be served on Nashville counsel for the Debtors, the Unsecured Creditors’ Committee, on the U.S. Trustee, and on Nashville counsel for the movants on the same day they are filed. Service on any other creditors or parties in interest entitled to service shall be made by first class mail, postage prepaid, or overnight delivery.