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2016-04-25_GENERAL DOCUMENTS - C1982056 (8)
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2016-04-25_GENERAL DOCUMENTS - C1982056 (8)
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Last modified
8/24/2016 6:21:06 PM
Creation date
4/26/2016 12:59:51 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
General Documents
Doc Date
4/25/2016
Doc Name
Motion of the Debtors and Debtors in Possession
From
United State Bankruptcy
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JLE
Media Type
D
Archive
No
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Case 16-42529 Doc 53 Filed 04/13/16 Entered 04/13/16 12:50:57 Main Document <br />Pg 24 of 31 <br />364 of the Bankruptcy Code should not affect the validity of the debt incurred or any priority of a <br />lien granted. <br />Request for Authority for Banks to Honor and <br />Pay Checks and Fund Transfers Related to Insurance Obligations <br />45. The Debtors also request that the Banks be authorized, when requested by <br />the Debtors, to the extent permitted by the Debtors' postpetition secured debtor-in-possession <br />financing, to receive, process, honor and pay any and all checks presented for payment of, and to <br />honor all fund transfer requests made by the Debtors related to, the Insurance Obligations and the <br />Workers' Compensation Liabilities, whether such checks were presented or fund transfer <br />requests were submitted prior to or after the Petition Date, provided that sufficient funds are <br />available and standing in the Debtors' credit in the applicable accounts to cover such checks and <br />fund transfers. The Debtors represent that these checks are drawn on identifiable disbursement <br />accounts and can be readily identified as relating directly to the authorized payments of <br />Insurance Obligations and Workers' Compensation Liabilities. Accordingly, the Debtors believe <br />that checks other than those relating to authorized payments will not be honored inadvertently. <br />Any such financial institution may rely on the representations of such Debtors as to which <br />checks are issued or wire transfers are made and authorized to be paid in accordance with this <br />Motion without any duty of further inquiry and without liability for relying on such <br />representations. <br />Requests for Immediate Relief and Waiver of Stay <br />46. Pursuant to Rules 4001(c), 6003(b) and 6004(h) of the Federal Rules of <br />Bankruptcy Procedure (the "Bankruptcy"), the Debtors seek the entry of orders granting <br />the relief requested by this Motion on an interim and final basis and, to the extent it applies, a <br />waiver of any stay of the effectiveness of such order. <br />-24- <br />
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