Opinion
Case No. 01-60386, Chapter 11, Procedurally Consolidated
June 7, 2002
John D. McIntyre: Counsel to Kellam Energy, Inc. and Kellam Realty Company, L.L.P.
Karen Ostad: Counsel to BP Products North America Inc.
Michael P. Falzone: Counsel to McLane Company, Inc.
Tyler P. Brown: Counsel for the Trustee
Brent C. Strickland by permission: Counsel for the Official Committee of Unsecured Creditors
Raymond R. Pring, Jr.: Counsel for Merchants Express Money Order Company
AMENDED ORDER GRANTING MOTION TO VACATE
This matter is before the Court upon the filing, by Kellam Energy, Inc., Kellam Realty Company, L.L.P., BP Products North America Inc. and McLane Company, Inc. (collectively, the "Movants"), of an Emergency Motion to Vacate or in the Alternative to Reconsider Grant of Continuance (the "Emergency Motion"). And it appearing to the Court that through the Emergency Motion, the Movants sought reconsideration or vacature of this Court's May 9, 2002 ruling, which is memorialized in that certain Order Granting (i) Motion to Continue Emergency Motion for Relief from the Automatic Stay to Repossess Blank Check Money Order Stock, or in the Alternative, for Temporary Retraining Order Directing Debtors to Segregate Proceeds of Money Order Sales; and (ii) Interim Adequate Protection to Movants, entered on May 20, 2002 (the "May 20 Order"). And it further appearing to the Court, after due and proper notice and a hearing, that for the reasons stated by the Court on the record good cause exists to vacate, effective as of June 3, 2002, that portion of the May 20 Order which granted to Merchants Express Money Order Company and MEMO Money Order Company (collectively, "MEMO") a first priority lien upon and security interest in all cash of the debtors and the estates (which lien is referred to in the May 20 Order as the "Cash Lien"), it is:
ORDERED that the Emergency Motion be, and hereby is granted such that the Cash Lien provided for in the May 20 Order be, and hereby is vacated effective as of Monday, June 3, 2002.
The Clerk is directed to send a copy of this Order, upon entry, to: John D. McIntyre, Esquire, Willcox Savage, P.C., 1800 Bank of America Center, Norfolk, Virginia 23510, counsel for Kellam Energy, Inc. and Kellam Realty Company, L.L.P.; Michael P. Falzone, Esquire, Hirschler, Fleischer, Federal Reserve Bank Building, 701 East Byrd Street, Post Office Box 500, Richmond, VA 23218-0500; Karen Ostad, Esquire, Kelley Drye Warren LLP, 101 Park Avenue, New York, New York 10178; Gregory G. Hesse, Esquire, Jenkens Gilchrist, a Professional Corporation, 1445 Ross Avenue, Suite 3200, Dallas, Texas 75202-2799; Raymond R. Pring, Jr., Esquire, Gold Morrison Laughlin, P.C., 1660 International Drive, Suite 450, McLean, VA 22102-4848; Brent C. Strickland, Esquire, Whiteford, Taylor Preston, L.L.P., 7 Saint Paul Street, Baltimore, Maryland 21202-1626 counsel for the Official Committee of Unsecured Creditors; and Tyler P. Brown, Esquire, Hunton Williams, Riverfront Plaza, East Tower, 951 East Byrd Street, Richmond, Virginia 23219-4074.