NO’s. 301-12036, 301-12164, 301-12166, 301-12165, 301-12163, 301-12167United States Bankruptcy Court, M.D. Tennessee, Nashville Division
November 8, 2002
Attorneys for Debtors and Debtors-in-Possession: GARY M. BROWN, CHARLES K. GRANT, DINSMORE SHOHL, LLP, Nashville, TN, KIM MARTIN LEWIS, TIM J. ROBINSON, DINSMORE SHOHL, LLP, Cincinnati, Ohio.
ORDER AUTHORIZING THE DEBTORS TO MAIL INITIAL NOTICES AND MAKE AVAILABLE A LIST OF CREDITORS (WITHOUT CLAIMS AMOUNTS) IN LIEU OF MAILING MATRIX AND LISTS REQUIRED UNDER LBR 1007-1, 1007-2, 2002-1, AND 2002-2
KEITH M. LUNDIN, United States Bankruptcy Judge.
Upon the motion (the “Motion”) filed by Phoenix Restaurant Group, Inc. (“PRG”) and its above-captioned direct and indirect subsidiaries (the “Subsidiary Debtors”), debtors and debtors-in-possession in the above-captioned cases (PRG and the Subsidiary Debtors collectively, the “Debtors”) for entry of an Order authorizing the Debtors to file a single, consolidated list of creditors without claim amounts in lieu of tiling secured and unsecured creditor lists or a label matrix and authorizing the Debtors or their notice agent to send the initial notices to creditors; and upon the Affidavit of Jeffrey Pate in Support of Chapter 11 Petitions and First Day Orders, sworn to on October 30, 2001; and it appearing that the relief requested in the Motion is in the best interests of the Debtors; their estates and their creditors; and it further appearing that proper and adequate notice having been given and that no other or further notice is necessary; and upon the record herein; and after due deliberation thereon; and good and sufficient cause appearing therefore, it is hereby
ORDERED, ADJUDGED AND DECREED THAT:
1. Each of the Debtors be, and each of them hereby is, allowed to file its petition without separate secured and unsecured creditor lists or a label matrix as otherwise required under LBR 1007-1, 1007-2, 2002-1, and 2002-2 provided that the Debtors file a single consolidated creditor list (without claim amounts), and make such creditor list available to any party in interest who so requests, at such requesting party’s sole cost and expense,
2. The Debtors (or their authorized representative) be, and each of them hereby is, authorized to send the initial notices to creditors and equity security holders and such other correspondence to creditors and equity security holders directed by the Court or the United States Trustee or as required by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Rules of this Court.
3. Service of this Motion as described in the Motion, and the notice of hearing on emergency motions described in this Court’s Order Setting Emergency Hearing on Selected First Day Motions and Shortening the Time Period of Notice and Setting Expedited Hearing Upon Selected First-Day Motions, entered in these cases as a seperate order of even date herewith, is deemed adequate and appropriate under the circumstances and in full compliance with applicable provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Rules of this Court.