Case No. 02-13533 (AJG) (Jointly Administered).United States Bankruptcy Court, S.D. New York.
November 18, 2005
ORDER GRANTING REORGANIZED DEBTORS’ MOTION TO ENFORCE THE PLAN AND CONFIRMATION ORDER AND TO BAR LEVCOR INTERNATIONAL, INC. FROM PROSECUTING ANY ACTION TO COLLECT DISCHARGED CLAIMS
ARTHUR GONZALEZ, Bankruptcy Judge
Upon consideration of the Motion of the Reorganized Debtors to enforce the Plan and Confirmation Order and to bar Levcor International Inc. (“Levcor”) from prosecuting any action to collect discharged claims, dated May 10, 2005 (the “Motion”)[1] [docket no. 15923]; and it appearing that on January 23, 2001, Levcor filed a complaint against certain of the Debtors in a certain lawsuit now pending in the Supreme Court of the State of New York, County of New York (the “NY StateCourt”) as Civil Action No. 01-0600368 (the “Levcor Action”); and the Court having conducted a hearing on June 7, 2005 regarding the Motion; and, for the reasons set forth in the Court’s Memorandum Opinion Granting the Reorganized Debtors’ Motion to Enforce Discharge Injunction, dated October 27, 2005 [docket no. 17470] (the “Opinion”), the Court has found (a) that Levcor was properly served with notice of the Bar Date through its counsel, and (b) that Levcor is bound by the discharge injunction as set forth in the Plan, the Confirmation Order, and sections 1141(d) and section 524(a) of the Bankruptcy Code; and the Court having reviewed the papers submitted in support of the Motion, the opposition thereto and upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor, the Court hereby ORDERS that:
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1. Levcor is directed to immediately cease any further act to prosecute or continue the Levcor Action (whether in the NY State Court or in any appellate division of such court) or to in any other manner seek to enforce its claims against the Reorganized Debtors.
2. Levcor is further directed to, within 60 days after the date of this Order, remedy all prior violations of the Plan, the Confirmation Order and sections 524(a) and 1141(d) of the Bankruptcy Code by, inter alia, dismissing all claims against the Reorganized Debtors in the Levcor Action.
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