Opinion
Chapter 11 Case No. 00-34533 (DOT), Jointly Administered
September 3, 2002
Benjamin C. Ackerly, Hunton Williams, Richmond, VA, for Mattress Discounters Corporation and M.D. Acquisition Corporation.
Vernon E. Inge, Jr., Leclair Ryan, P.C., Richmond, VA, for Heilig-Meyers Company.
ORDER OF DISMISSAL
This case came on before the Court upon the motion of Mattress Discounters Corporation ("Mattress Discounters") and M.D. Acquisition Corporation ("MD Acquisition"), by counsel, to dismiss the Motion (the "Motion") filed by Mattress Discounters and M.D. Acquisition on April 17, 2001(1) pursuant to § 365(d)(2) of the Bankruptcy Code to compel the Debtors to assume or reject certain executory contracts and (2) pursuant to § 362(d)(1) of the Bankruptcy Code for relief from the automatic stay to permit M.D. Acquisition Corporation to exercise certain rights to set off pursuant to § 553 of the Bankruptcy Code. It appearing that all matters and claims asserted in the Motion have been settled and compromised and by their endorsement of this Order that the Debtors have no objection to this dismissal, it is accordingly
ADJUDGED AND ORDERED that the Motion be and hereby is dismissed with prejudice.
The Clerk is directed to forward a copy of this Order as entered to counsel of record listed below.