Opinion
Case No. 01-16034(AJG)
January 18, 2002
Upon the annexed form of Stipulation (the "Stipulation") and Order dated January 18, 2002, with respect to Enron Corp., and its affiliated debtor entities, as debtors and debtors in possession (collectively, the "Debtors"), allowing setoff between Dubai Natural Gas Company Limited and Enron Gas Liquids, Inc. upon the granting by this Court of relief from the automatic stay with respect thereto; and upon the Affidavit of Michael A. Robison, senior counsel employed by Enron Global Markets L.L.C., which entity is one of the Debtors, attesting to the necessity for relief by Order to Show Cause (the "Affidavit"); and upon due deliberation and good and sufficient cause appearing therefor, it is hereby
Unless otherwise defined herein, all capitalized terms shall have the meanings ascribed to them in the Stipulation.
ORDERED that a hearing to consider the Stipulation, aid the relief requested therein, shall be held before the Honorable Arthur J. Gonzalez, United States Bankruptcy Judge, in Room 523 of the United States Bankruptcy Court, Alexander Hamilton Custom House, One Bowling Green, New York, New York, 10004 (the "Bankruptcy Court"), on January 23, 2002, at 11:00 a.m. or as soon thereafter as counsel may be heard; and it is further
ORDERED that, on January 19, 2002, the Debtors shall serve a copy of this Order To Show Cause, the Stipulation, the Order and the Notice of Hearing attached hereto: (a) by hand delivery or overnight delivery upon: (1) the Office of the United States Trustee, (2) the attorneys for the statutory committee appointed in the Debtors' chapter 11 cases (the "Creditors' Committee"), and (3) the attorneys for the Debtors' post-petition lenders; (b) by electronic notification through posting on the Bankruptcy Court's website, www.nysb.uscourts.gov., and (c) by United States Postal Service, first class delivery, upon all parties having filed a notice of appearance in the Debtors' chapter 11 cases, and such service shall be deemed good and sufficient service and notice of the Stipulation, this Order, and all proceedings to be had thereon; and it is further
ORDERED that responses or objections, if any, to the Stipulation and the relief requested therein must be made in writing, conform to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules for the Bankruptcy Court, and be filed with the Bankruptcy Court electronically in accordance with General Order M-242 (General Order M-242 and the User's Manual for the Electronic Case Filing System can be found at www.nysb.uscourts.gov, the official website for the Bankruptcy Court), by registered users of the Bankruptcy Court's case filing system and, by all other parties in interest, on a 3.5 inch disk, preferably in Portable Document Format (PDF), Wordperfect or any other Windows-based word processing format (with a hard copy delivered directly to Chambers) and shall be served in accordance with General Order M-242 and upon: (a) Weil, Gotshal Manges LLP, 767 Fifth Avenue, New York, New York 10153, Attention: Martin J. Bienenstock, Esq. and Brian S. Rosen, Esq. (Facsimile: 212-310-8007), Attorneys for the Debtors; (b) the Office of the United States Trustee, 33 Whitehall Street, 21st Floor, New York, New York 10004, Attention: Mary Elizabeth Tom, Esq.; (c) Davis, Polk Wardell, 450 Lexington Avenue, New York, New York 10017, Attention: Donald S. Bernstein, Esq. and Marshall S. Huebner, Esq. (Facsimile: 212-450-3800), Attorneys for JP Morgan Chase Bank, as Agent; (d) Shearman Sterling, 599 Lexington Avenue, New York, New York 10022, Attention: Douglas Bartner, Esq. and Fredric Sosnick, Esq. (Facsimile: 212-848-7179), Attorneys for Citicorp, as Agent; and (e) Milbank, Tweed, Hadley McCloy LLP, One Chase Manhattan Plaza, New York, New York 10005, Attention: Luc A. Despins, Esq. (Facsimile: 212-530-5219), Attorneys for the Creditors' Committee, so as to be actually received by no later than 9:00 a.m. (New York Time) on January 23, 2002.
ORDERED that, pursuant to Local Bankruptcy Rule for the Southern District of New York 9013-1(b), because there are no novel issues of law presented herein, the Debtors respectfully request that the Court waive the requirement that the Debtors file a memorandum of law in support hereof.