rdd Doc 1038 Filed 03/23/18 Entered 03/23/18 12:45:12 Main Document Pg 1 of 8

Transcription

1 Pg 1 of 8 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) 21st CENTURY ONCOLOGY HOLDINGS, INC., et al., 1 ) Case No (RDD) ) Reorganized Debtors. ) (Jointly Administered) ) ORDER (I) DIRECTING ADMINISTRATIVE CONSOLIDATION OF CLAIMS FILED IN CERTAIN JOINTLY ADMINISTERED CHAPTER 11 CASES, (II) CLOSING CERTAIN CHAPTER 11 CASES, (III) ISSUING FINAL DECREES IN THE CLOSING CASES AND (IV) GRANTING RELATED RELIEF Upon consideration of the Reorganized Debtors Motion for Entry of an Order (i) Directing Administrative Consolidation of Claims Filed in Certain Jointly Administered Chapter 11 Cases, (II) Closing Certain Chapter 11 Cases, (III) Issuing Final Decrees in the Closing Cases, and (IV) Granting Related Relief [Docket No. 1019] (the Motion ) 2 ; and it appearing that this Court has jurisdiction to decide the Motion and the relief requested therein pursuant to 28 U.S.C. 157(a)-(b) and 1334(b), that venue of these chapter 11 cases and the Motion in this district is proper pursuant to 28 U.S.C and 1409, and that this is a core proceeding pursuant to 28 U.S.C. 157(b); and the Court having considered the Motion, all related pleadings and documents, and the record established in these chapter 11 cases; and the Court having found that due and proper notice and service of the Motion has been given and that no further notice or service of the Motion need be given; and there being no objections to the relief 1 Each of the Reorganized Debtors in the above-captioned jointly administered chapter 11 cases and their respective tax identification numbers are set forth in the Order Directing Joint Administration of Chapter 11 Cases [Docket No. 30]. The location of 21st Century Oncology Holdings, Inc. s corporate headquarters and the Debtors service address is: 2270 Colonial Boulevard, Fort Myers, Florida Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the Motion. 1

2 Pg 2 of 8 granted herein; and upon the record of the hearing held by the Court on the Motion on March 22, 2018; and, after due deliberation, the Court having found that the relief sought in the Motion is in the best interests of the Reorganized Debtors, the Debtors estates, their creditors, and other parties in interest and is appropriate under the circumstances, consistent with applicable law, and necessary to effectuate the purposes of the Plan, which, with respect to the Closing Cases, has been substantially consummated; and it appearing that the Closing Cases have been fully administered for purposes of Fed. R. Bankr. P. 509; and good and sufficient cause appearing, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED as set forth herein. 2. The chapter 11 case of In re 21st Century Oncology Holdings, Inc. (Case No ) (the Lead Case ) shall remain open pending the entry of a final decree or other order of this Court. 3. As promptly as practicable after entry of this Order, the claims filed against all of the Debtors in the Chapter 11 Cases and their corresponding registers identified on Exhibit 1 hereto (the Closing Cases ) shall be transferred to and administratively consolidated with the claims and claims register under the Lead Case. 4. Subject to the administrative consolidation of the claims and claims registers as set forth above, the Closing Cases are closed. 5. Any Proof of Claim that is subsequently filed against any of the Closing Cases Debtors after the entry of this Order shall be reflected on, and administered under, the Lead Case. 6. Notwithstanding the closing of the Closing Cases or anything contrary in this Order, the Reorganized Debtors shall remain authorized to negotiate with the Class 6 Rejected 2

3 Pg 3 of 8 Debtors with respect to becoming accepting Debtors at Class 6, and, ultimately, if applicable, to distribute Warrants to Class 11 in accordance with Section 3.2(k) of the Plan. 7. Notwithstanding the closing of the Closing Cases or anything to the contrary herein, (a) the Reorganized Debtors shall remain authorized to make or otherwise cause to be made all distributions authorized and required to be made pursuant to the Plan and Confirmation Order, including, without limitation, distributions for the benefit of holders of Allowed Claims filed in the Closing Cases; (b) all such distributions shall be administered through the Lead Case, and, subsequent to the entry of this Order, shall be deemed distributions on behalf of each of the Debtors and/or Reorganized Debtors, as applicable, pursuant to, and consistent with, the terms of the Plan and the Confirmation Order; and (c) in accordance with the Plan and Confirmation Order, the Reorganized Debtors shall have the right to object to, settle or otherwise resolve all claims filed in the Debtors Chapter 11 Cases regardless of the Debtor against which the claim was asserted and subject to any applicable deadlines established from time to time by final order of this Court. 8. The closing of the Closing Cases by this Order shall have no effect on any ultimate liability or judgment against any Debtor or Reorganized Debtor named as a defendant in the Adversary Proceedings, and the Court shall continue to have jurisdiction over the Adversary Proceedings and any judgments obtained therein over any of the Debtors or Reorganized Debtors in the Closing Cases. 9. The closing of the Closing Cases and the administrative consolidation of claims with the claims register under the Lead Case by this Order shall have no effect on the treatment, allowance or disallowance of claims filed in the Closing Cases, and the Court shall continue to 3

4 Pg 4 of 8 have jurisdiction over claims filed in the Closing Cases, including, for the avoidance of doubt, any and all unresolved cure claims and administrative expense claims. 10. The requirement that the Reorganized Debtors file further post-confirmation quarterly reports for the Closing Cases shall be and hereby is waived without prejudice to further Order of this Court; provided, however, that the Closing Cases Reorganized Debtors shall (a) within twenty (20) business days after the entry of this Order, file a final post-confirmation quarterly report acceptable to the U.S. Trustee through the date of entry of this Order solely for the Closing Cases, and (b) as soon as reasonably practicable after the date of entry of this Order, to the extent not already paid, pay the U.S. Trustee fees that have accrued as of the date of entry of this Order for the Closing Cases that are required to be paid to the U.S. Trustee pursuant to 28 U.S.C. 1930(a)(6) and any statutory interest owing thereon. Subject to the foregoing or unless otherwise directed by this Court, as of the date of entry of this Order, no further quarterly fees or other amounts assessable under 28 U.S.C. 1930(a)(6) or 31 U.S.C shall be assessed against, or otherwise become due and payable by or on account of, disbursements made by the Closing Cases Reorganized Debtors. For the avoidance of doubt, except for disbursements made pursuant to the terms of the Plan, no disbursements made by any of the Closing Cases Reorganized Debtors after the date of this Order shall be included in subsequent quarterly reports filed by the Lead Case s Reorganized Debtor or any of the Remaining Cases Reorganized Debtors. 11. All further quarterly reports with respect to disbursements made by the Lead Case s Reorganized Debtor shall be filed in the Lead Case until and including the date on which such Lead Debtor s case is dismissed, converted to another chapter of the Bankruptcy Code, or closed by the Court. 4

5 Pg 5 of A docket entry shall be made in each of the Closing Cases that reflects entry of this Order. 13. Entry of this Order is without prejudice to the rights of the Debtors, the Reorganized Debtors, or any other party in interest, to seek to reopen the Closing Cases for good cause shown in accordance with 11 U.S.C. 350(b). Upon reopening of any of the Closing Cases, quarterly fees will be imposed and paid pursuant to 28 U.S.C. 1930(a)(6), and calculated based upon all disbursements for the period of reopening. 14. Entry of this Order and the closing of the Closing Cases is for administrative purposes only and shall not create a right, claim, or cause of action by a creditor or other party in interest in any other regard. 15. The Reorganized Debtors and their agents are authorized to take all actions necessary to effectuate the relief granted in accordance with the Motion and pursuant to this Order. 16. The terms and conditions of this Order shall be immediately effective and enforceable upon entry of this Order. 17. This Court shall retain jurisdiction over any and all matters arising from the interpretation, implementation, or enforcement of this Order. Date: White Plains, New York March 22, 2018 /s/robert D. Drain THE HONORABLE ROBERT D. DRAIN UNITED STATES BANKRUPTCY JUDGE 5

6 Pg 6 of 8 Exhibit 1 6

7 Pg 7 of 8 The Closing Cases Legal Entity Case Number 21C East Florida, LLC st Century of Florida Acquisition, LLC st Century Oncology, Inc st Century Oncology, LLC st Century Oncology Investments, LLC st Century Oncology Management Services, Inc st Century Oncology of Alabama, LLC st Century Oncology of Harford County, Maryland, LLC st Century Oncology of Jacksonville, LLC st Century Oncology of Kentucky, LLC st Century Oncology of New Jersey, Inc st Century Oncology of Pennsylvania, Inc st Century Oncology of Prince Georges County, Maryland, LLC st Century Oncology of South Carolina, LLC st Century Oncology of Washington, LLC st Century Oncology Services, LLC AHLC, LLC American Consolidated Technologies, LLC Arizona Radiation Therapy Management Services, Inc Asheville CC, LLC Associates in Radiation Oncology Services, LLC Atlantic Urology Clinics, LLC Aurora Technology Development, LLC Berlin Radiation Therapy Treatment Center, LLC Boynton Beach Radiation Oncology, LLC California Radiation Therapy Management Services, Inc Carepoint Health Solutions, LLC Carolina Radiation and Cancer Treatment Center, LLC Carolina Regional Cancer Center, LLC Derm-Rad Investment Company, LLC Devoto Construction of Southwest Florida, Inc Financial Services of Southwest Florida, LLC Fountain Valley & Anaheim Radiation Oncology Centers, Inc Gettysburg Radiation, LLC Goldsboro Radiation Therapy Services, LLC Jacksonville Radiation Therapy Services, LLC Maryland Radiation Therapy Management Services, LLC MD International Investments, LLC

8 Pg 8 of 8 Legal Entity Case Number Medical Developers, LLC Michigan Radiation Therapy Management Services, Inc Nevada Radiation Therapy Management Services, Inc New England Radiation Therapy Management Services, Inc New York Radiation Therapy Management Services, LLC North Carolina Radiation Therapy Management Services, LLC OnCure Holdings, Inc OnCure Medical Corp Palms West Radiation Therapy LLC Phoenix Management Company, LLC Radiation Therapy School for Radiation Technology, Inc Radiation Therapy Services International, Inc RVCC, LLC Sampson Accelerator, LLC Sampson Simulator, LLC SFRO Holding, LLC South Florida Medicine, LLC South Florida Radiation Oncology, LLC Treasure Coast Medicine, LLC U.S. Cancer Care, Inc USCC Florida Acquisition LLC West Virginia Radiation Therapy Services, Inc