Case No. 02-13533 (AJG), (Jointly Administered)United States Bankruptcy Court, S.D. New York
September 2, 2003
ORDER APPPROVING DEBTORS’ MOTION PURSUANT TO SECTION 365(a) FOR AUTHORITY TO REJECT CERTAIN EXECUTORY CONTRACTS WITH ADELPHIA BUSINESS SOLUTIONS, INC. AND ADELPHIA COMMUNICATIONS CORPORATION
ARTHUR GONZALEZ, Bankruptcy Judge
Upon consideration of the motion of WorldCom, Inc. and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, the “Debtors”), for an order pursuant to section 365(a) of title 11 of the United States Code (the “Bankruptcy Code”) and Rule 6006
of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) authorizing the Debtors to reject certain service orders (the “Motion”), entered into by and between Adelphia Business Solutions, Inc. (“ABIZ”) (as may have been assigned to Adelphia Communications Corporation (“ACC”)) on the one hand, and Debtors on the other hand (the “PRI Service Orders,” as defined in the Motion) (hereinafter capitalized terms will have the meanings set forth in the Motion unless otherwise indicated), the list of PRI Circuits thereunder which are annexed to the Motion as Exhibits A, B and C, as more fully described in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. § 157 and 1334 and the Standing Order of Referral of Cases to Bankruptcy Court Judges of the District Court for the Southern District of New York, dated July 19, 1984 (Ward, Acting C.J.); and consideration of the Motion and the relief requested therein being a core proceeding pursuant
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to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to 28 U.S.C. § 1408 and 1409; and due and proper notice of the Motion having been provided pursuant to this Court’s amended case management order dated December 23, 2002, and no other or further notice need be provided; and the relief requested in the Motion being in the best interests of the Debtors and their estates and creditors; and the Court having reviewed the Motion; and the Court having determined that the legal and factual bases set forth in the Motion and at any Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before the Court and after due deliberation and sufficient cause appearing therefor, it is
ORDERED that the Motion is granted; and it is further
ORDERED that, pursuant to section 365(a) of the Bankruptcy Code and Rule 6006 of the Bankruptcy Rules, the rejection of the PRI Service Orders is approved as of Rejection Date A for the PRI Circuits on Exhibit A, Rejection Date B for the Circuits on Exhibit B and as of Rejection Date C for the PRI Circuits on Exhibit C; and it is further
ORDERED that ABIZ or ACC as the case may be shall have 45 days from the date hereof to file any claim for damages arising from the rejection of the PRI Service Orders; and it is further
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ORDERED that the requirement pursuant to Local Rule 9013-1(b) that the Debtors file a memorandum of law in support of the Motion is hereby waived.
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