Opinion
No. 301-12036, No. 301-12164, No. 301-12166, No. 301-12165, No. 301-12163 and No. 301-12167
November 8, 2001
Attorneys for Debtors and Debtors-in-Possession: GARRY BROWN and CHARLES K. GRANT with DINSMORE SHOHL LLP from Nashville, TN. Also KIM MARTIN LEWIS and TIM J. ROBINSON with DINSMORE SHOHL LLP from Cincinnati, Ohio.
ORDER PURSUANT TO 11 U.S.C. § 105 (a) AND 553 OF THE BANKRUPTCY CODE AUTHORIZING THE DEBTOR TO CONTINUE TO ACCEPT CREDIT CARDS AND PAY COMMISSIONS
Upon the Motion (the "Motion") of Phoenix Restaurant Group, Inc., ("PRG") and its indirect and direct subsidiaries (the "Subsidiary Debtors"), debtors and debtors-in-possession in the above-captioned chapter 11 case (PRG and the Subsidiary Debtors collectively, the "Debtors"), seeking entry of an order pursuant to 11 U.S.C. § 105(a) and 553, authorizing the Debtors to continue to accept credit cards and pay commissions; and this Court having determined that grating the relief request is in the best interest and is a proper exercise of the Debtor's business judgment; and it further appearing that proper and adequate notice of the Motion has been given and that no other or further notice is necessary; and upon the record herein; and after due deliberation thereon; and good and sufficient cause appearing therefore, it is hereby:
ORDERED, DECREED AND ADJUDGED THAT:
1. The Motion is granted.
2. The Debtors are authorized under 11 U.S.C. § 105 (a) and 553 to continue to accept credit card payments and to pay commissions.
3. Service of the Debtors' Motion as described in that Motion, and the notice of hearing on emergency motions described in this Courts Order Setting Emergency Hearing on Selected First Day Motions and Shortening the Time Period of Notice and Setting Expedited Hearing Upon Selected First-Day Motions, entered in these cases as a separate order of even date herewith, is deemed adequate and appropriate under the circumstances and in full compliance with applicable provisions of the Bankruptcy Code, hit Federal Rules of Bankruptcy Procedure, and the Local Rules of this Court. Further notice to parties in interest to individual First Day Motions is hereby waived.