In re Phoenix Restaurant Group, Inc.

Full title: IN RE: PHOENIX RESTAURANT GROUP, INC., et al., Chapter 11, Debtors

Court: United States Bankruptcy Court, M.D. Tennessee, Nashville Division

Date published: Nov 13, 2001

Case No. 301-12036, Jointly Administered (Bankr. M.D. Tenn. Nov. 13, 2001)

Opinion

Case No. 301-12036, Jointly Administered

November 13, 2001

GARY M. BROWN, CHARLES K. GRANT, DINSMORE SHOHL LLP, Nashville, TN., and KIM MARTIN LEWIS, TIM J. ROBINSON, DINSMORE SHOHL LLP, Cincinnati, Ohio, Attorneys for Debtors and Debtors-in-possession

ORDER GRANTING REMAINING RELIEF REQUESTED UNDER DEBTORS' EMERGENCY MOTION FOR ORDER (A) AUTHORIZING THE DEBTORS TO PAY PREPETITION WAGES, SALARIES, AND HONOR CERTAIN EMPLOYEE BENEFITS AND (B) DIRECTING ALL BANKS TO HONOR PRE PETITION CHECKS FOR PAYMENT OF PREPETITION EMPLOYEE OBLIGATIONS

KEITH M. LUNDIN, United States Bankruptcy Judge.

This matter having come before the Court upon continued hearing to consider the remaining relief requested in the Debtors' Emergency Motion for Order (A) Authorizing the Debtors to Pay Prepetition Wages, Salaries, and Employee Benefits and (B) Directing All Banks to Honor Prepetition Checks for Payment of Prepetition Employee Obligations (the "Wage Motion") filed by the debtors and debtors-in-possession (collectively, the "Debtors"), the Court having reviewed the Wage Motion, the Debtors' supplemental pleadings, and the evidence adduced at the continued hearing, and all objecting parties having withdrawn their objections to the relief requested in the Wage Motion, and upon due deliberation and sufficient cause appearing therefore the relief requested by the Debtors in their Wage Motion is GRANTED. The Debtors shall be and hereby are authorized to pay employee wage, salary, and benefit claims exceeding the statutory maximum provided in Section 523(a)(3) of the Bankruptcy Code in accordance with the Exhibit A annexed hereto.

EXHIB A

Senior Management Claims NAME TITLE PREPETITION ACTUAL TOTAL AMOUNT IN SALARIES BENEFITS AMOUNT EXCESS OF OWED OWED OWED SUBTOTAL: Employees Whose 10/17/01 Checks Were Dishonored NAME TITLE PREPETITION ESTIMATED TOTAL AMOUNT IN WAGES OWED BENEFITS AMOUNT EXCESS OF OWED OWED SUBTOTAL: TOTAL:

$4,650.00 Robert M. CEO $10,577.00 $508.31 $11,085.31 $6,435.31 Langford W. Craig Barber President $10,577.00 $508.31 $11,085.31 $6,435.31 Robert A. COO $ 7,404.00 $417.28 $ 7,821.28 $3,171.28 Speck Betty J. CAO $ 6,731.00 $335.32 $ 6,105.32 $1,455.32 Marshall Jeffrey M. CFO $ 5,770.00 $417.28 $ 6,187.28 $1,537.38 Pate Samuel D. VP Ops $ 4,808.00 $381.99 $ 5,189.99 $ 539.99 Pyeatt Ruby C. RVP $ 4,808.00 $276.70 $ 5,084.70 $ 434.70 Brewster $52,559.19 $20,009.29 $4,650.00 Marcelle District $ 4,979.00 $250.00 $ 5,229.00 $ 579.00 Guillory Manager Mark District $ 4,607.00 $380.00 $ 4,987.00 $ 337.00 James Manager Maddock $10,216.00 $ 916.00 $62,775.19 $20,925.29