Friday, July 06, 2007

Plan and Disclosure Statement-Links to Documents

Tuesday, July 03, 2007

Summary of 7/2 Omnibus Hearing

On July 2, 2007, the Court held an Omnibus Hearing with regard to the following applications and motions:

1. Wells Fargo Financial Leasing Motion for Adequate Protection, or in the Alternative, Relief From Stay Regarding Equipment Lease: This motion was withdrawn.

2. Richard and Patt Rushes Motion to Compel immediate Assumption or Rejection of Executory Contract for Sale of Real Estate: This motion was granted and Consent Order is to be submitted.

3. FMI Insurance Company Motion For Relief From Stay to Proceed with State Court Action: This motion was adjourned to July 16, 2007 at 1:00 p.m.

4. Motion to Sell 16 Sanibel Court, Bergen Mills Estates: This motion was adjourned until July 16, 2007 at 1:00 p.m.

5. Seiden Motion to Terminate Real Estate Contract and to Permit Claim Against Bonding Company: This motion was granted with an Order to be submitted.

6. Motion for Authority to Obtain Credit under Section 364(c) and Rule 4001 regarding Orchard Meadows: There is no opposition to this motion and an interim order allowing the financing will be entered by the Court.

7. GE Capital Modular Space Motion for Relief From Stay: This motion was adjourned until July 16, 2007 at 1:00 p.m.

8. Motion to Compel Payment of Administrative Claim by Sullivan & Company, Inc.: This motion was resolved among the parties with an Order to be submitted to the Court.

9. Motion to Sell Certain Assets of Kara at Gleneyre, LLC: This motion was granted, with an amended Order authorizing the sale to be submitted to the Court.

Lastly, the Court addressed the hearing on the Amended Disclosure Statement, currently scheduled for July 6, 2007 at 10:00 a.m. Following discussion with Debtor’s counsel, the Court sua sponte adjourned the hearing on the Amended Disclosure Statement until July 19, 2007 at 1:00 p.m.

The next Omnibus Hearing date scheduled is for July 9, 2007 at 1:00 p.m.

UPDATE-Disclosure Statement Hearing Adjourned

Please note that the first amended master disclosure statement and plan of reorganization was filed on June 27, 2007. As a result, the hearing on the adequacy of the master disclosure statement has been adjourned to July 19, 2007 at 1:00 pm.