In re Enron Corp.

Full title: In re ENRON CORP., et al, Chapter 11 Debtors

Court: United States Bankruptcy Court, S.D. New York

Date published: Aug 27, 2003

Case No. 01-16034 (AJG) Jointly Administered (Bankr. S.D.N.Y. Aug. 27, 2003)

Opinion

Case No. 01-16034 (AJG) Jointly Administered

August 27, 2003

Barry J. Dichter and Joseph E. Field, CADWALADER, WICKERSHAM TAFT LLP, New York, For Debtors

Ronald S. Itzler, FEDER, KASZOVITZ, ISAACSON, WEBER, SKALA, BASS RHINE LLP, New York, for Journal Inquirer, Inc.

STIPULATION AND ORDER ADJOURNING HEARING TO CONSIDER THE MOTION OF ENRON NORTH AMERICA CORP. FOR AN ORDER ENFORCING THE AUTOMATIC STAY AND COMPELLING THE JOURNAL INQUIRER, INC. TO IMMEDIATELY TURNOVER ESTATE PROPERTY AND FOR CIVIL CONTEMPT SANCTIONS

ARTHUR GONZALEZ, Bankruptcy Judge

WHEREAS, on August 12, 2003, Debtor Enron North America Corp. ("ENA") served and filed a motion to enforce the automatic stay and compelling The Journal Inquirer, Inc. ("Journal Inquirer") to immediately turn over estate property and for civil contempt sanctions (the "Motion") which noticed a hearing on the Motion (the "Hearing") for September 11, 2003;

WHEREAS, due to the Court's calendar, ENA's counsel was advised that the Court would be unable to proceed with the Hearing on September 11, 2003;

WHEREAS, on August 18, 2003, ENA sought to shorten the briefing schedule on the Motion and move the Hearing to September 4, 2003 and filed with the Court the declaration of Barry J. Dichter, dated August 18, 2003 in support thereof;

WHEREAS, on August 19, 2003, the Court signed an order rescheduling the Hearing to September 4, 2003;

WHEREAS, on August 21, 2003, Ronald Itzler, counsel for Journal Inquirer, filed an affidavit in opposition to the accelerated Hearing and in support of Journal Inquirer's request to adjourn the Hearing;

NOW, IT IS HEREBY STIPULATED AND AGREED by and between counsel for the undersigned parties that:

1. The Hearing on ENA's Motion shall be adjourned and made returnable 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 on September 25, 2003, at 10:00 a.m.

2. The Journal Inquirer shall serve and file any papers in opposition to the Motion on Cadwalader, Wickersham Taft, LLP, Special Counsel to ENA, 100 Maiden Lane, New York, New York 10038, Attention: Barry J. Dichter, Esq., so that they are received no later than 5:00 p.m. on September 11, 2003 and to all other parties entitled to notice in accordance with the Court's Second Amended Case Management Order dated December 17, 2002.

SO ORDERED.