Case wlh Doc 530 Filed 02/03/16 Entered 02/03/16 11:07:37 Desc Main Document Page 1 of 10

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1 Document Page 1 of 10 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SOUTHERN REGIONAL HEALTH SYSTEM, INC., d/b/a SOUTHERN REGIONAL MEDICAL CENTER, et al., Debtors. CHAPTER 11 Jointly Administered Under CASE NO wlh DEBTORS MOTION FOR ENTRY OF AN ORDER MODIFYING CASE CAPTION COME NOW, Southern Regional Health System, Inc., d/b/a Southern Regional Medical Center, Southern Crescent Physicians Group, Inc., Southern Crescent Real Estate, Inc., Southern Regional Ambulatory Surgery, Inc., Southlake Ambulatory Surgery Center, L.L.L.P., d/b/a Mount Zion Surgery Center, a/k/a Spivey Station Surgery Center and Southern Regional Medical Services, Inc., debtors and debtors-in-possession (collectively, the Debtors in the above-styled jointly administered case (the Case, by and through the undersigned counsel, and file the Debtors Motion for Entry of an Order Modifying Case Caption (the Motion. In support of this Motion, the Debtors respectfully represent as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. 157 and This is a core proceeding pursuant to 28 U.S.C. 157(b. Venue of the Debtors Chapter 11 Case and this Motion in this district is proper pursuant to 28 U.S.C and The statutory predicate for the relief sought herein is Section 105 of the Chapter 11 of Title 11 of the United States Code (the Bankruptcy Code.

2 Document Page 2 of 10 BACKGROUND 2. On July 30, 2015 (the Petition Date, the Debtors each filed a voluntary petition for relief under the Bankruptcy Code. The Debtors are authorized to operate their business as debtorsin-possession pursuant to Section 1107 and 1108 of the Bankruptcy Code. 3. On or about August 6, 2015, the Court entered an Order Granting Motion for Joint Administration [Doc. No. 36] (the Joint Administration Order, consolidating the Debtors chapter 11 cases for procedural purposes only. The Joint Administration Order also established the caption for these bankruptcy cases. 4. On or about August 11, 2015, an official committee of unsecured creditors was appointed in the Case (the Committee. No other statutory committee and no trustee or examiner has been appointed. 5. On or about October 27, 2015, the Court entered the Order (A Approving Asset Purchase Agreement and Authorizing the Sale of Assets of the Debtors Outside the Ordinary Course of Business, (B Authorizing the Sale of Assets Free and Clear of Liens, Claims, Encumbrances and Interests, (C Authorizing the Assumption and Sale and Assignment of Certain Executory Contracts and Unexpired Leases, and (D Granting Related Relief [Doc. No. 373] (the Sale Order. Pursuant to the Sale Order, on February 1, 2016, the Debtors closed the sale of substantially all of their assets under that certain Asset Purchase Agreement by and between Prime Healthcare Foundation, Inc. ( PHF, Prime Healthcare Foundation Southern Regional, LLC - 2 -

3 Document Page 3 of 10 ( PHFSR, and together with PHF, Prime, and the Debtors dated as of September 15, 2015 (as amended, the APA [Doc. No. 254]. 6. Pursuant to Section 2.2(e of the APA, the Debtors sold to Prime all of the Debtors Intellectual Property (as defined in the APA, including the Debtors rights to the trade names Southern Regional Health System, Inc., d/b/a Southern Regional Medical Center, Southern Crescent Physicians Group, Inc., Southern Crescent Real Estate, Inc., Southern Regional Ambulatory Surgery, Inc., Southlake Ambulatory Surgery Center, L.L.L.P., d/b/a Mount Zion Surgery Center, a/k/a Spivey Station Surgery Center and Southern Regional Medical Services, Inc. 7. By corporate action and by filing the required documents with the Georgia Secretary of State, the Debtors have changed their names as follows: a Southern Regional Health System, Inc. to Clayton General, Inc. ; b Southern Crescent Real Estate, Inc. to Clayton General Real Estate, Inc. ; c Southern Regional Medical Center Foundation, Inc. to Clayton General Foundation, Inc. ; d Southern Crescent Physicians Group, Inc. to Clayton General Group, Inc. ; e Southern Regional Ambulatory Surgery, Inc. to Clayton General ASC, Inc. ; f Southern Regional Medical Services, Inc. to Clayton General Services, Inc. ; and g Southlake Ambulatory Surgery Center, LLLP to Southlake ASC, LLLP - 3 -

4 Document Page 4 of 10 RELIEF REQUESTED 8. In light of the recent change in the Debtors names and to avoid any confusion on the part of parties in interest, the Debtors request that the Court enter an order substantially in the form of Exhibit A attached hereto modifying the caption of these jointly administered bankruptcy cases. BASIS FOR RELIEF 9. Section 105(a of the Bankruptcy Code provides a bankruptcy court with broad powers in the administration of a case under title 11. Section 105(a provides that [t]he court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of [the Bankruptcy Code]. 11 U.S.C. 105(a. 10. Due to the recent change of the Debtors names, the Debtors request that the Court change the caption of these jointly administered cases to the following: IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CLAYTON GENERAL, INC., f/k/a Southern Regional Health System, Inc., d/b/a Southern Regional Medical Center, CLAYTON GENERAL GROUP, INC., f/k/a Southern Crescent Physicians Group, Inc., CHAPTER 11 CASE NO wlh CASE NO wlh - 4 -

5 Document Page 5 of 10 CLAYTON GENERAL REAL ESTATE, INC., f/k/a Southern Crescent Real Estate, Inc., CLAYTON GENERAL ASC, INC., f/k/a Southern Regional Ambulatory Surgery, Inc., SOUTHLAKE ASC, LLLP f/k/a Southlake Ambulatory Surgery Center, L.L.L.P., d/b/a Mount Zion Surgery Center, a/k/a Spivey Station Surgery Center, and CLAYTON GENERAL SERVICES, INC., f/k/a Southern Regional Medical Services, Inc. CASE NO wlh CASE NO wlh CASE NO wlh CASE NO wlh 11. The above-caption reflects the Debtors new corporate names. The modification of the jointly administered case caption will not adversely affect the administration of these cases. The Debtors believe that the modification is in the best interest of the Debtors and their stakeholders. Accordingly, the Debtors respectfully request that the Court authorize the modification of the caption of these jointly administered cases as set forth above

6 Document Page 6 of 10 NOTICE 12. Notice of this Motion has been provided to the Master Service List established in these cases. In light of the nature of the relief requested, the Debtors submit that no further notice is necessary. WHEREFORE, the Debtors respectfully request that this Court (a enter an order in the form attached hereto as Exhibit A modifying the caption of these jointly administered cases; and (b grant the Debtors such other and further relief as is just and proper. This 3rd day of February, Respectfully submitted, SCROGGINS & WILLIAMSON, P.C. One Riverside 4401 Northside Parkway Suite 450 Atlanta, GA T: ( F: ( E: rwilliamson@swlawfirm.com aray@swlawfirm.com mlevin@swlawfirm.com /s/ Matthew W. Levin J. ROBERT WILLIAMSON Georgia Bar No ASHLEY REYNOLDS RAY Georgia Bar No MATTHEW W. LEVIN Georgia Bar No Counsel for the Debtors - 6 -

7 Document Page 7 of 10 EXHIBIT A IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SOUTHERN REGIONAL HEALTH SYSTEM, INC., d/b/a SOUTHERN REGIONAL MEDICAL CENTER, et al., Debtors. CHAPTER 11 Jointly Administered Under CASE NO wlh ORDER MODIFYING THE CASE CAPTION This matter is before the Court on the Debtors Motion for Entry of an Order Modifying the Case Caption (the Motion of Southern Regional Health System, Inc., d/b/a Southern Regional Medical Center, Southern Crescent Physicians Group, Inc., Southern Crescent Real Estate, Inc., Southern Regional Ambulatory Surgery, Inc., Southlake Ambulatory Surgery Center, L.L.L.P., d/b/a Mount Zion Surgery Center, a/k/a Spivey Station Surgery Center and Southern

8 Document Page 8 of 10 Regional Medical Services, Inc. (collectively, the Debtors. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Motion. The Court has considered the Motion. It appears that the Court has jurisdiction over this proceeding; that this is a core proceeding; that notice of the Motion has been given to the parties on the Master Service List established in these cases; that no further notice is necessary; that the relief sought in the Motion is in the best interests of the Debtors, their estates, and their stakeholders and that good and sufficient cause exists for such relief. Accordingly, it is hereby ORDERED as follows: 1. The Motion [Doc. No. ] is GRANTED. 2. The caption of these jointly administered cases shall now be: IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CLAYTON GENERAL, INC., f/k/a Southern Regional Health System, Inc., d/b/a Southern Regional Medical Center, et al., Debtors. CHAPTER 11 Jointly Administered Under CASE NO wlh 3. The Debtors in these cases shall be identified as Southern Regional Health System, Inc. to Clayton General, Inc., f/k/a Southern Regional Health System, Inc. d/b/a Southern Regional Medical Center, Clayton General Real Estate, Inc., f/k/a Southern Crescent Real Estate, Inc., Clayton General Foundation, Inc., f/k/a Southern Regional Medical Center Foundation, Inc., Clayton General Group, Inc., f/k/a Southern Crescent Physicians Group, Inc.,

9 Document Page 9 of 10 Clayton General ASC, Inc., f/k/a Southern Regional Ambulatory Surgery, Inc., Clayton General Services, Inc. f/k/a Southern Regional Medical Services, Inc., and Southlake ASC, LLLP f/k/a Southlake Ambulatory Surgery Center, LLLP d/b/a Mount Zion Surgery Center, a/k/a Spivey Station Surgery Center. 4. The Clerk of Court shall edit the Court s CM/ECF database to reflect this change. This edit shall include information sufficient to allow any search of the Court s records to locate this case when using any of the following search terms: Southern Regional Health System, Inc. d/b/a Southern Regional Medical Center, Southern Crescent Real Estate, Inc., Southern Regional Medical Center Foundation, Inc., Southern Crescent Physicians Group, Inc., Southern Regional Ambulatory Surgery, Inc., Southern Regional Medical Services, Inc., and Southlake Ambulatory Surgery Center, LLLP d/b/a Mount Zion Surgery Center, a/k/a Spivey Station Surgery Center. 5. The Court shall retain jurisdiction to hear and determine all matters arising from the implementation of this Order. 6. Counsel for the Debtors is directed to serve a copy of this Order on the parties on the Master Service List established in these cases within three (3 business days of the entry of this Order and file a certificate of service with the Clerk of Court. [END OF DOCUMENT] [Signature on Following Page]

10 Document Page 10 of 10 Prepared and presented by: SCROGGINS & WILLIAMSON, P.C. /s/ Matthew W. Levin J. ROBERT WILLIAMSON Georgia Bar No ASHLEY REYNOLDS RAY Georgia Bar No MATTHEW W. LEVIN Georgia Bar No One Riverside 4401 Northside Parkway Suite 450 Atlanta, GA ( Counsel for the Debtors