Opinion
Case No. 01 B 16565 (SMB)
March 4, 2002
ROBERT L. RATTET (2947) RATTET PASTERNAK, LLP, Attorneys for Debtor-in-Possession, Harrison, New York, big apple diner\osccash.
ORDER SCHEDULING HEARING TO CONSIDER AUTHORIZING THE DEBTOR TO USE CASH COLLATERAL PURSUANT TO 11 U.S.C. SECTION 363
UPON the annexed application (the "Application") of the above captioned debtor and debtor-in-possession (collectively, the "Debtor"), by its attorneys Rattet Pasternak, LLP, and the Order Scheduling Hearing herein pursuant to Bankruptcy Rule 4001(b) and (c) and Sections 363(c)(2) and 361 of the Bankruptcy Code (the "Code") permitting the Debtor to utilize the cash collateral of 33rd Street Enterprises, Inc. ("Enterprises"), which asserts a secured interest in said cash collateral, on an interim and final basis, respectively, and to provide adequate protection with respect thereto, pursuant to the terms and conditions stated in (a) the proposed Interim Order Authorizing Debtor To Use Cash Collateral, substantially in the form annexed to the Application as Exhibit "A" and (b) the proposed final order, substantially in the form annexed to the Application as Exhibit "B", seeking authorization for use of cash collateral; and the Court having determined that interim relief is required in order to preserve the estate pending a final hearing, and sufficient cause appearing therefore, it is hereby
ORDERED, that a preliminary hearing (the "Preliminary Hearing") shall be held before the Honorable Stuart M. Bernstein, Chief United States Bankruptcy Judge, on March 7, 2002 at SMB 3/4/02 11:00 10:00 a.m., or as soon thereafter as counsel may be heard, at the United States Bankruptcy Court, One Bowling Green, New York, New York 10004, Courtroom 723:
1) For relief pursuant to Sections 363(c)(2) and 361 of the Code and Bankruptcy Rule 4001 approving and authorizing the Debtor to use Cash Collateral of EAB on an interim basis pending the Final Hearing (as defined below) in accordance with the budget (the "Budget") annexed to the Application as Exhibit "G", and granting EAB adequate protection in the form of replacement liens on the Debtor's property in which EAB holds pre-petition interest, subject to the nature, extent and validity of and in the continuing order of priority continuing with its respective liens, to the extent cash collateral has been used prior to the Final Hearing, and granting EAB such other protection as provided in the Interim Order; and for approval of the Interim Order; and
2) Such other and further relief as is just and proper under the circumstances; and it is further
ORDERED, that a final hearing (the "Final Hearing") shall be held before the Honorable Stuart M. Bernstein, Chief United States Bankruptcy Judge, United States Bankruptcy Court, One Bowling Green, New York, New York 10004, Courtroom 723 at SMB 3/4/02 a time and day fixed at the preliminary hearing 10:00 a.m. in the forenoon, or as soon thereafter as counsel may be heard, on March ___, 2002:
1) For relief pursuant to Sections 363(c)(2) and 361 of the Code and Bankruptcy Rule 4001 approving and authorizing the Debtor to use cash collateral of Enterprises on a final basis in accordance with proposed Final Order; and
2) Such other and further relief as is just and proper under the circumstances; and it is further
ORDERED, that a copy of this Order Scheduling Hearing without exhibits ("Short Form Notice") shall be served upon the parties mandated by Bankruptcy Rules 4001(b) by facsimile or overnight mail on or before March 5, 2002; and a copy of this Order Scheduling Hearing together with the Application and exhibits upon which it is based shall be served upon all parties who have filed notices of appearance and request for papers, counsel for Enterprises, all other parties asserting secured interests in the Debtor's property, and upon the United States Trustee by facsimile or SMB 3/4/02 by delivery to an overnight delivery service on or before March 4 5, 2002, which shall be deemed good and sufficient service hereof; and it is further
ORDERED that any party receiving the Short Form Notice, upon written or telephonic request of the Attorneys for the Debtor, whose name, address and telephone number is set forth above the caption of this Order Scheduling Hearing, may obtain a copy of this Order Scheduling Hearing together with the application and exhibits upon which it is based, and it is further
ORDERED, that objections to the relief requested at the Final Hearing must be in writing, stating with specificity the basis or bases on which such party in interest objects to the within Application, filed with the Bankruptcy Court at the address stated above (with a copy to Chambers) and must be served upon Debtor's counsel so as to be received at least three (3) days before the Final Hearing.