Opinion
Case No. 02-13533 (AJG), (Jointly Administered).
July 22, 2003.
ORDER PURSUANT TO BANKRUPTCY RULE 9019 APPROVING SETTLEMENT AGREEMENT WITH MICROVOICE APPLICATIONS, INC.
Upon the motion, dated June 23, 2003 (the "Motion"), of WorldCom, Inc. and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, "WorldCom"), for an order, pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules"), approving a settlement (the "Settlement") between MCI WORLDCOM Network Services, Inc. ("MCI") and MicroVoice Applications, Inc. and MicroVoice Applications, Inc. Hong Kong ("MicroVoice"), as more fully set forth in the Motion, and the Motion by WorldCom to assume certain executory contracts as modified pursuant to 11 U.S.C. § 365; and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. § 157 and 1334; and consideration of the Motion and the relief requested therein being a core proceeding pursuant to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to 28 U.S.C. § 1408 and 1409; and due and proper notice of the Motion having been provided, and it appearing that no other or further notice need be provided; and the relief requested in the Motion being in the best interests of WorldCom and its estate and creditors; and the Court having reviewed the Motion and having heard the statements in support of the relief requested therein at a hearing before the Court (the "Hearing"); and the Court having determined that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before the Court and after due deliberation and sufficient cause appearing therefor, it is
ORDERED that the Motion is granted; and it is further
ORDERED that the Debtors motion to assume the Carrier Agreement and the Billing and Collection Agreement, as amended, is approved pursuant to 11 U.S.C. § 365.
ORDERED that the Settlement is approved pursuant to Bankruptcy Rule 9019; and it is further
ORDERED that the Settlement was entered into following good faith, arm's-length negotiations between the Debtors and MicroVoice and the compromise and settlement reflected in the Settlement is in the best interests of the Debtors, their creditors, and all other parties in interest; and it is further
ORDERED that the Debtors and MicroVoice are authorized and directed to execute, deliver, implement, and fully perform any and all obligations, including the assumption of the Billing and Collection Agreement, as amended, and the Carrier Agreement, instruments, documents and papers and to take any and all actions reasonably necessary or appropriate to consummate and fully implement the Settlement; and it is further
ORDERED that the requirement under Rule 9013-1(b) of the Local Bankruptcy Rules for the Southern District of New York for the filing of a memorandum of law is waived.