Bky. 04-31406 (DDO)United States Bankruptcy Court, D. Minnesota.
March 30, 2004
ORDER APPROVING BIDDING PROCEDURES AND OFFICIAL BID FORM RELATING TO PROPOSED SALE OF ALL OR SUBSTANTIALLY ALL THE ESTATE’S ASSETS FREE AND CLEAR OF INTERESTS
DENNIS O’BRIEN, Chief Judge, Bankruptcy
Upon preliminary consideration of the motion (the “Sale Motion”) of the Nauni Jo Manty, Chapter 7 Trustee of Tom Thumb Food Markets, Inc. (the “Trustee”) to approve (1) Bidding Procedures with Respect to the Disposition of Estate’s Assets; (2) the Sale of All or Substantially All of Estate’s Assets Free and Clear of Liens and Interests and (3) Authorizing the Assumption and Assignment of Unexpired Leases and Executory Contracts; this Court having determined that granting the preliminary relief requested in the Sale Motion is in the best interest of the its estate and its creditors, it appearing that proper and adequate notice has been given; and after finding that good and sufficient cause appears therefore upon the record herein;
IT IS HEREBY ORDERED:
1. The Sale Motion is granted to the extent set forth herein.
2. The proposed Bidding Procedures and Official Bid Form, as set forth in the form of Exhibit B and Exhibit C to the Sale Motion, shall be approved in all respects, and the Trustee shall be authorized to comply therewith.
3. The Auction for the Assets, as described in the Bidding Procedures, shall take place at 11:30 a.m. (CST) on April 22, 2004 at 228A U.S. Courthouse, 316 North Robert Street,
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St. Paul, Minnesota, 55101, or such later time or other place as the Trustee shall notify all Qualified Bidders who have submitted Qualified Bids.
4. The hearing on the motion for sale of the estate’s Assets free and clear of liens and interests as well as for assumption and assignment of unexpired leases and executory contracts shall be held at before this Court at 1:30 p.m. (CST) on April 22, 2004, 228 U.S. Courthouse, 316 North Robert Street, St. Paul, Minnesota, 55101.
5. The Trustee shall be permitted to solicit offers for Stores 221 and 187.
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I, Doretta Raymond, hereby certify: That I am the Judicial Assistant for Judge Dennis D. O’Brien of the United States Bankruptcy Court for the Third Division of the District of Minnesota, at St. Paul, Minnesota; that on March 30, 2004, true and correct copies of the annexedORDER were placed by me in individually stamped official envelopes; that said envelopes were addressed individually to each of the persons, corporations, and firms at their last-known addresses appearing hereinafter; that said envelopes were sealed and on the day aforementioned were placed in the United States mails at St. Paul, Minnesota, to:
U.S. TRUSTEE 1015 U.S. COURTHOUSE 300 So. 4TH STREET MINNEAPOLIS, MN 55415
TOM THUMB FOOD MARKETS INC 110 E 17TH ST HASTINGS MN 55033
NAUNI JO MANTY, ESQ. RIDER BENNETT LLP 333 SO. 7TH ST., #2000 METROPOLITAN CTR. MINNEAPOLIS, MN 55402
MICHAEL F. McGRATH, ESQ. 80 SO. 8TH ST., #4545 IDS CENTER MINNEAPOLIS, MN 55402
PHILLIP KUNKEL, ESQ. 1010 W ST. GERMAIN, STE. 600 ST. CLOUD, MN 56301
THOMAS LALLIER ESQ FOLEY MANSFIELD P.L.L.P. 250 MARQUETTE AVE STE 1200 MINNEAPOLIS MN 55401
STEVEN W. MEYER, ESQ. 45 So. 7TH ST., 3400 PLAZA VII MINNEAPOLIS, MN 55402
MARK J KALLA ESQ DORSEY WHITNEY 50 SOUTH SIXTH STREET STE 1500 MINNEAPOLIS, MN 55402
WILLIAM KAMPF ESQ HENSON EFRON PA 220 SOUTH 6TH ST STE 1800 MINNEAPOLIS MN 55402
DENNIS M. RYAN, ESQ. 90 SO. SEVENTH ST-#2200 WELLS FARGO CENTER MINNEAPOLIS, MN 55402
and this certificate is made by me.