Case No: 01-06987-TOM-11United States Bankruptcy Court, N.D. Alabama, Southern Division
January 24, 2002
ORDER AND NOTICE OF HEARING
TAMARA O. MITCHELL, United States Bankruptcy Judge
This matter came before the Court on Thursday, January 24, 2002 at 8:30 a.m., for a hearing on the following:
1) FINAL HEARING ON DEBTOR’S MOTION TO USE CASH COLLATERAL
2) DEBTOR’S MOTION TO ALTER, AMEND OR VACATE INTERIM ORDER ON DEBTOR’S EMERGENCY MOTION TO USE CASH COLLATERAL (STATUS CONFERENCE) (PROCEEDING #37)
3) FINAL HEARING ON MOTION FOR RELIEF FROM STAY FILED BY FWSD, INC. (PROCEEDING #99)
4) OBJECTION TO DEBTOR’S MOTION TO SELL BIRMINGHAM STORES FILED BY BAPTIST HEALTH SYSTEMS (PROCEEDING #129)
5) OBJECTION TO MOTION TO SELL BIRMINGHAM STORES FILED WHML-S REAL ESTATE, L.P. (PROCEEDING #139)
6) OBJECTION TO MOTION TO SELL ASSETS OF BIRMINGHAM, ALABAMA STORES FILED BY FWSD, INCL. (PROCEEDING #182)
7) RENEWED LIMITED OBJECTION TO MOTION TO SELL ASSETS OF BIRMINGHAM, ALABAMA STORES FILED BY BAPTIST HEALTH SYSTEMS (PROCEEDING #184)
8) MOTION TO APPROVE COMPROMISE ON SPLIT DOLLAR INSUARNCE POLICIES (PROCEEDING #234)
9) OBJECTION TO MOTION TO APPROVE COMPROMISE ON SPLIT DOLLAR INSURANCE POLICIES FILED BY FWSD, INC. (PROCEEDING #259)
Proper notice of the hearing was given and appearances were made by the following:
CHARLES DENABURG, ATTORNEY FOR DEBTOR
KIMBERLY GLASS, ATTORNEY FOR DEBTOR
PATRICK DARBY, ATTORNEY FOR FWSD, INC.
VIRGINIA PATTERSON, ATTORNEY FOR FWSD, INC.
LLOYD PEEPLES, ATTORNEY FOR FWSD, INC.
J. THOMAS CORBETT, ATTORNEY WITH THE BANKRUPTCY ADMINISTRATOR’S OFFICE
MATTHEW GRILL, ATTORNEY FOR HMS HOST ET AL
RICK JOHANSON, ATTORNEY FOR TRC ONE RODNEY SQUARE
485 PROPERTIES
BETH ROGERS, ATTORNEY FOR WHML-S REAL ESTATE
STANPLACE LTD PARTNERSHIP, APPEARING BY PHONE
JOHN GRAHAM, ATTORNEY FOR W-99
SCOTT WILLIAMS, ATTORNEY FOR CHARLES E. SMITH REAL ESTATE
SCOTT HALLER, ATTORNEY FOR NEW YORK AVENUE PROPERTY HOOVER MALL LTD.
RITA DIXON AND ROBERT RUBIN, ATTORNEYS FOR AMSOUTH BANK
DON WRIGHT, ATTORNEY FOR MADISON ASSOCIATES
STEPHEN PORTERFIELD, ATTORNEY FOR UAB HEALTH SERVICES
JESSE VOGTLE, ATTORNEY FOR JMB-12500 CONNECTICUT AVENUE ASSOC. ET AL
JIM WILSON, ATTORNEY FOR AK HOLDINGS, INC.
JAY CLARK, ATTORNEY FOR MARRAY-ASH PLAZA TRADE CENTER MANAGEMENT
JEFF KAUFMAN, PRESIDENT AND CEO OF WALL STREET DELI, INC.
JIM SANDEMAN, CHIEF FINANCIAL OFFICER OF WALL STREET DELI, INC.
VINCENT LIUZZA, SPECIAL ASSISTANT TO DEBTOR
JEFF BERNSTEIN, PRESIDENT OF FWSD, INC.
KEVIN CLANCY, SENIOR MANAGER OF J.H. COHN
It is therefore ORDERED, ADJUDGED and DECREED that:
1) BASED ON THE TESTIMONY, EVIDENCE ADMITTED, PLEADINGS, ARGUMENTS OF COUNSEL AND AS OTHERWISE NOTED ON THE RECORD, THE MOTION IS GRANTED TO THE EXTENT THE DEBTOR SHALL BE PERMITTED THE CONTINUED USE OF CASH COLLATERAL CONSISTENT WITH ALL PRIOR ORDERS RELATED TO THE USE OF CASH COLLATERAL.
2) THIS MATTER IS CONTINUED FOR A STATUS CONFERENCE TO FEBRUARY 11, 2002 AT 10:30 AM CENTRAL TIME IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
3) A SEPARATE ORDER SHALL BE SUBMITTED BY COUNSEL FOR FWSD, INC., CONSISTENT WITH THE COURTS ORAL RULING ON THE RECORD.
4) BASED ON THE DEBTOR’S MOTION TO SELL HAVING BEEN PREVIOUSLY WITHDRAWN, THE OBJECTION IS MOOT.
5) BASED ON THE DEBTOR’S MOTION TO SELL HAVING BEEN PREVIOUSLY WITHDRAWN, THE OBJECTION IS MOOT.
6) BASED ON THE DEBTOR’S MOTION TO SELL HAVING BEEN PREVIOUSLY WITHDRAWN, THE OBJECTION IS MOOT.
7) BASED ON THE DEBTOR’S MOTION TO SELL HAVING BEEN PREVIOUSLY WITHDRAWN, THE OBJECTION IS MOOT.
8) THIS MATTER IS CONTINUED TO FEBRUARY 11, 2002 AT 10:30 AM CENTRAL TIME IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
9) THIS MATTER IS CONTINUED TO FEBRUARY 11, 2002 AT 10:30 AM CENTRAL TIME IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.