UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Transcription

1 IT IS SO ORDERED. Dated: 03:43 PM April UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION In re: ) Case No ) FAIR FINANCE COMPANY ) Chapter 7 ) Debtor. ) Judge Marilyn Shea-Stonum ) ORDER, PURSUANT TO SECTION 366 OF THE BANKRUPTCY CODE: (A) AUTHORIZING THE TRUSTEE TO PAY A SECURITY DEPOSIT FOR UTILITIES, (B) DEEMING THE REFERENCED UTILITIES TO BE ADEQUATELY ASSURED, (C) EXTENDING THE AUTOMATIC STAY TO PROHIBIT UTILITIES FROM INTERRUPTING SERVICE WITHOUT FURTHER ORDER OF THIS COURT, AND (D) WAIVING THE REQUIREMENT THAT THE TRUSTEE FILE A SEPARATE MEMORANDUM OF LAW. This matter coming before the Court on the Motion of The Trustee, Brian A. Bash, Pursuant to Section 366(B) of the Bankruptcy Code, for an Order (A) Authorizing the Trustee to Pay a Security Deposit for Utilities, (B) Deeming the Referenced Utilities to be Adequately Assured, (C) Extending the Automatic Stay to Prohibit Utilities From Interrupting Service without Further Order of this Court, And (D) Waiving the Requirement that the Trustee File a mss Doc 104 FILED 04/10/10 ENTERED 04/11/10 00:25:02 Page 1 of 6

2 Separate Memorandum of Law (the Motion ), 1 filed by the Trustee (the Trustee ) in the above-captioned case; the Court having reviewed the Motion; and the Court having found and concluded that (i) it has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334, (ii) this is a core proceeding, (iii) notice of the Motion was sufficient under the circumstances, and (iv) the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and this Court having determined that granting the relief requested in the Motion is in the best interests of the Debtor, the estate and the creditors; and after due deliberation and sufficient cause appearing therefore; IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED as set forth herein. 2. The Trustee is hereby authorized to pay security deposits on terms similar to those disclosed in Exhibit A to the Motion, without further order of this Court in a total amount that does not exceed $2, Upon acceptance of a security deposit, a Utility Company shall be deemed to have adequate assurance of payment under section 366 of the Bankruptcy Code unless and until: (a) the Trustee, in his discretion, agrees to an alternative assurance of payment with the Utility Company; or (b) this Court enters an order requiring that additional adequate assurance of payment be provided. 4. The automatic stay is hereby extended to prohibit any interruption of service without further order of this Court. 1 Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Motion mss Doc 104 FILED 04/10/10 ENTERED 04/11/10 00:25:02 Page 2 of 6

3 5. The requirements of Local Bankruptcy Rule (a) that a separate Memorandum of Law be presented with the Motion is hereby waived. 6. Nothing herein constitutes a finding that any entity is or is not a Utility Company hereunder or under section 366 of the Bankruptcy Code, whether or not such entity is listed on the Utility Service List. 7. This Court shall retain jurisdiction to hear and determine all matters arising from or relating to the implementation of this Order. IT IS SO ORDERED. # # # Submitted by: /s/ Kelly S. Burgan Brian A. Bash, Trustee ( ) Kelly S. Burgan ( ) Joseph M. Esmont ( ) BAKER & HOSTETLER LLP 3200 National City Center 1900 East Ninth Street Cleveland, Ohio Telephone: Facsimile: Counsel for the Trustee mss Doc 104 FILED 04/10/10 ENTERED 04/11/10 00:25:02 Page 3 of 6

4 SERVICE LIST Electronic Mail Notice List The following is the list of parties who are currently on the list to receive notice/service for this case. J Douglas Drushal ddrushal@ccj.com Kimberlie L Huff khuff@taftlaw.com, sschmidt@taftlaw.com Trish D. Lazich trish.lazich@ohioattorneygeneral.gov, angelique.seals@ohioattorneygeneral.gov Matthew H. Matheney mmatheney@frantzward.com, dlbeatrice@frantzward.com;maguilar@frantzward.com David Polan Meyer dmeyer@dmlaws.com, docket@dmlaws.com Michael J Moran moranecf@yahoo.com David A Mucklow davidamucklow@yahoo.com Clinton E. Preslan ndohbky@jbandr.com United States Trustee Wayne County Litigants ddrushal@ccj.com Manual Notice List The following is the list of parties who are not on the list to receive notice/service for this case (who therefore require manual noticing/service). F Anthony Paganelli Taft Stettinius & Hollister LLP One Indiana Square, Suite 3500 Indianapolis, IN Michael P. O'Neil Taft Stettinius & Hollister LLP One Indiana Square, Suite 3500 Indianapolis, IN Christine A. Arnold 6005 Twin Lakes Drive Parma, OH mss Doc 104 FILED 04/10/10 ENTERED 04/11/10 00:25:02 Page 4 of 6

5 UTILITIES SERVICE LIST Ohio Edison (FirstEnergy) Attn: Bankruptcy 1910 W. Market Street Akron, OH City of Wadsworth Utilities Dept. City Hall 120 Maple Street Wadsworth, OH Dominion East Ohio Attn: Bankruptcy P.O. Box 5759 Cleveland, OH City of Ashland Water Department 206 Claremont Avenue Ashland, OH AEP Attn: Bankruptcy 1 Riverside Plaza Columbus, OH City of Cuyahoga Falls Utilities 2310 Second Street Cuyahoga Falls, OH Columbia Gas of Ohio P.O. Box 2318 Columbus, OH Akron Utilities Business Office 146 S. High Street, Room 211 Akron, OH City of Medina Utilities / Economic Development 132 N. Elmwood Avenue Medina, OH mss Doc 104 FILED 04/10/10 ENTERED 04/11/10 00:25:02 Page 5 of 6

6 CERTIFICATE OF NOTICE District/off: User: buehl Page 1 of 1 Date Rcvd: Apr 08, 2010 Case: Form ID: pdf974 Total Noticed: 19 The following entities were noticed by first class mail on Apr 10, db +Fair Finance Company, 815 E. Market Street, Akron, OH aty +Eric W Sleeper, Barton Barton & Plotkin LLP, 420 Lexington Ave, New York, NY aty +F Anthony Paganelli, Taft Stettinius & Hollister LLP, One Indiana Square, Suite 3500, aty +Michael P. O Neil, Taft Stettinius & Hollister LLP, One Indiana Square, Suite 3500, ust +Cynthia J. Thayer, US Department of Justice, 201 Superior Avenue, Suite 441, Cleveland, OH AEP, Attn: Bankruptcy, 1 Riverside Plaza, Columbus, OH Akron Utilities Business Office, 146 S. High Street, Room 211, Akron, OH COLUMBIA GAS, ATTN REVENUE RECOVERY, 200 CIVIC CENTER DR 11TH FLOOR, COLUMBUS OH (address filed with court: Columbia Gas of Ohio, PO Box 2318, Columbus, OH ) cr +Christine A Arnold, 6005 Twin Lakes Drive, Parma, OH City of Ashland, Water Department, 206 Claremont Avenue, Ashland, OH City of Cuyahoga Falls, Utilities, 2310 Second Street, Cuyahoga Falls, OH City of Medina, Utilities/Economic Development, 132 N. Elmwood Avenue, Medina, OH Dominion East Ohio, Attn: Bankruptcy, PO Box 5759, Cleveland, OH acc +Howard Klein, Howard L. Klein Co., Chagrin Blvd, #204, Beachwood, OH op +Kurtzman Carson Consultants LLC, 2335 Alaska Avenue, El Segundo, CA intp +Ohio Department of Commerce, Division of Securitie, c/o Ohio Attorney General, 615 West Superior Ave., 11th floor, Cleveland, OH Ohio Edison (First Energy), Attn: Bankruptcy, 1910 W. Market Street, Akron, OH op +Vestige Digital Investigations, 46 Public Square, Suite 220, Medina, OH The following entities were noticed by electronic transmission on Apr 08, /Text: CNELSON@WADSWORTHCITY.ORG City of Wadsworth Utilities Dept, City Hall, 120 Maple Street, Wadsworth, OH TOTAL: 1 ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** cr FCS Advisors, Inc. dba Brevet Capital Advisors cr GMAC assignee of Dave Towell Cadillac Inc. ptcrd Jacques Dunaway ptcrd Nick Spada ptcrd Robert Ripley * +Christine A. Arnold, 6005 Twin Lakes Drive, Parma, OH * +F. Anthony Paganelli, Taft, Stettinius & Hollister LLP, One Indiana Square, Suite 3500, * +Michael P. O Neil, Taft Stettinius & Hollister LLP, One Indiana Square, Suite 3500, TOTALS: 5, * 3 Addresses marked + were corrected by inserting the ZIP or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP. Addresses marked ++ were redirected to the recipient s preferred mailing address pursuant to 11 U.S.C. 342(f)/Fed.R.Bank.PR.2002(g)(4). I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief. Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciary s privacy policies. Date: Apr 10, 2010 Signature: mss Doc 104 FILED 04/10/10 ENTERED 04/11/10 00:25:02 Page 6 of 6