Case No. 02-13533 (AJG), (Jointly Administered)United States Bankruptcy Court, S.D. New York.
April 15, 2004
ORDER THAT NOTWITHSTANDING THAT DEBTORS’ MODIFIED SECOND AMENDED JOINT PLAN OF REORGANIZATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE MAY BECOME EFFECTIVE PRIOR TO SALE HEARING, TO THE EXTENT THAT DEBTORS MAY SEEK TO WITHDRAW SALE MOTION DEBTORS MUST FILE MOTION FOR WITHDRAWAL AND SCHEDULE HEARING IN ACCORDANCE WITH CASE MANAGEMENT ORDER
ARTHUR GONZALEZ, Bankruptcy Judge
WHEREAS the above-captioned debtors (“Debtors”) filed the Motion of Debtors for Order (a) Approving the Terms and Conditions of a Stock Purchase Agreement with Telefonos de Mexico, S.A. de C.V., and (b) Authorizing the Sale of Property Free and Clear of Liens, Claims and Encumbrances (“Sale Motion”), on March 19, 2004; and
WHEREAS the hearing to consider the Sale Motion (the “Sale Hearing”), was initially scheduled for April 13, 2004, at 10:00 a.m., and has now been adjourned to April 27, 2004, at 10:00 a.m.; and
WHEREAS the Notice of Adjournment of the Sale Hearing, dated April 7, 2004 provides, among other things, that in the event that the Debtors’ Modified Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code becomes effective prior to the Sale Hearing, the Debtors will withdraw the Sale Motion and proceed to closing as reorganized Debtors, without Court approval; it is hereby
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ORDERED, that notwithstanding that the Debtors’ Modified Second Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code may become effective prior to the Sale Hearing, to the extent that the Debtors may seek to withdraw the Sale Motion, the Debtors must file a motion for the withdrawal of the Sale Motion (“Withdrawal Motion”), and it is further
ORDERED, that the Withdrawal Motion shall be scheduled for a hearing in accordance with the Court’s Case Management Order, dated December 23, 2002.