2021-01-22_GENERAL DOCUMENTS - C2010088 (3)

Home Browse Search

Case 1 20-bk-12043 Doc 574-1 Filed O1/13/21 Entered 011131211138 01 Desc Exhibit 1 - Proposed Confirmation Order Page 19 of 69 Case 1 20-bk-12043 Doc 574-1 Filed 01/13/21 Entered 01/13/21 11.38 01 Desc Exhibit 1- Proposed Confirmation Order Page 20 of 69 withdraw the Debtors from, or deregister the Debtors many applicable state or subdivision thereof 20 Imunction The injunction provisions contained in the Plan are approved to the fullest extent allowed under section 1125(e) of the Bankruptcy Code. 21 Tax Returns The Liquidating Trustee shall timely file all tax returns as required by applicable state law and by 28 U S C §§ 959(b) and 960 Any setoff rights available under section 553 of the Bankruptcy Code to any governmental units (as defined under section 101(27) of the Bankruptcy Code) is hereby expressly reserved for the benefit of such governmental units 22 Fees Under 28 U.S.0 4 1930 All fees payable under 28 U S C § 1930 will be paid by the Debtors, or as applicable by the Liquidating Trustee, until such time as the Debtors' Chapter 11 Cases are closed or dismissed All parties reserve all rights, remedies, claims, and defenses regarding post -confirmation reporting and the calculation and payment of fees incurred pursuant to 28 U S C § 1930(a)(6), and nothing in the Plan, this Order, or any prior order of this Court shall be used in any way to impair, nor be deemed a waiver or determination of, any such rights, remedies, claims, and defenses 23 Exculpation and Limitation of Liability Effective upon the Effective Date, the exculpation and limitation of liability provisions as specifically provided in Section 1103 of the Plan are hereby approved in their entirety and authorized as fair, equitable, reasonable and in the best interests of the Debtors, their Estate(s), and their Creditors 24 Third Party Release Effective upon the Effective Date, the release of the Released Parties by the Releasing Parties as specifically provided in Section 1104 of the Plan is hereby approved in its entirety and authorized as fair, equitable, reasonable and in the best interests of the Debtors, their Fstate(s), and their Creditors 18 Case 1:20-bk-12043 Doc 574-1 Filed O1113/21 Entered OV13121 1138,01 Desc Exhibit 1- Proposed Confirmation Order Page 21 of 69 30 No Stay of Order This Order is a final order and shall be effective and enforceable immediately upon its entry and shall not be stayed pursuant to Bankruptcy Rule 3020(e) or otherwise Likewise, the provisions of this Order approving the Disclosure Statement, and the Plan, shall be effective and enforceable immediately upon the entry of this Confirmation Order and shall not be stayed pursuant to Bankruptcy Rules 6004(h), 6006(d), 7062 or otherwise 31 Failure to Reference The failure to reference a particular provision of the Plan in this Order shall not affect the validity of enforceability of such provision Each provision of the Plan shall be deemed authorized and approved by this Order and shall have the same binding effect of every other provision of the Plan, whether or not mentioned in this Order 32 Order of Controlling Documents To the extent there is any conflict between the terms of this Order with the Plan, the Liquidating Tmst Agreement, or the Disclosure Statement, the terms of this Order shall control 33 Post Confirmation ReportThe Liquidating Trustee shall file an initial post - confirmation report on or about July 15, 2021 and every six months thereafter pursuant to Local Rule 9013-3 34 Bond Pursuant to Section 5 08 of the Plan, the Liquidating Trustee shall be obligated to obtain a bond in an amount to be determined by the Court The Court hereby establishes the Liquidating Trustee's bond in the amount of $ SO ORDERED. Copies to Default List 25 Debtor Release Effective upon the Effective Date, the release of the Released Parries by the Debtors and the Estates as specifically provided in Section 1105 of the Plan and as approved by the DIP Order, the Sale Order, the Settlement Agreement and the Lender Settlement Order is hereby incorporated into this Plan and approved in its entirety and authonzed as fair, equitable, reasonable and in the best interest of the Debtors, their Estate(s), and their Creditors 26 Bar Date for Administrative Claims All requests tot payment of an Administrative Claim must be filed with the Bankruptcy Court pursuant to customary applications by the date that is 30 calendar days after the Effective Date If no objections are timely filed to any application for an Administrative Claim, the Bankruptcy Court may approve such applications without a heating 27 Notice of Order and Effective Date Pursuant to Bankruptcy Rule 3020(c), the Proponents shall serve notice of the entry of this Order, the occurrence of the Effective Date and any bar dates established by the Plan pursuant to Bankruptcy Rules 2002(f)(7), 2002(k), and 3020(c) on all creditors and parries in interest within five (5) business days of the entry of this Confirmation Order, and shall file proof of service This Court's Order Implementing Certain Nonce and Case Management Procedures (Docket No, 89) shall continue to apply to these Chapter 1 I Cases until further order of this Court 28 Retention of Junsdicnon Pursuant to sections 105(a) and 1142 of the Bankruptcy Code, this Court shall retain jurisdiction to the fullest extent permitted by law to interpret and enforce the provisions of the Plan, this Order, and all other matters as set forth in the Plan 29 No Discharge. Because substantially all of the Debtors' assets are being liquidated pursuant to the Plan, there will be no discharge entered as provided in section 1141(d)(3) of the Bankruptcy Code 19 Case 1.20-bk-12043 Doc 574-1 Filed 01/13/21 Entered 01/13/21 11.38 01 Desc Exhibit 1- Proposed Confirmation Order Page 22 of 69 EXHIBIT A (First Amended Plan) 20