Free Motion for Leave to File - District Court of Delaware - Delaware


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Case 1:04-cv-OO910—G|\/IS Document 60-8 Filed O3/15/2005 Page 1 of 3

Case 1:O4—cv—OO910-GI\/IS Document 60-8 Filed O3/15/2005 Page 2 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
IN RE: ) Chapter ll
INTEGRATED HEALTH SERVICES, g
INC., et al, ) Case No. OO-389 (MFW)
g (Jointly Adminietered)

Upon consideration of the motion filed by THCE Company, LLC
(“THCI" or “Landlord”} eeeking a determination of adminietration
claim statue and a direction for immediate payment or, in the
alternative, requiring the IHS Liquidating LLC (“Liquidating
LLC") to eegregare funds ae a reaerve with reapeot to the THCI
claim (hereinafter referred to ae the “Motion”), {Docket No,
io3é9) and the objections and reeponeee filed by the Liquidating
LLC and Abe Briarwood Corp , the parent entity of IHS Long Term
Care, Inc, (“LTC"), and the applicable reorganized debtors ae
leeeeee (“Appiicable Reorganized Debtore”) with respect to the
purported lease by and between THCI ae iandlord and the
Applicable Reorganized Debtora as leaeeee (Abe Briarwood Corp.,
LTC and the Applicable Reorganized Debtore hereinafter referred
to COlleotively ae “Briarwood"); and rhe reply memorandum filed
by THCI in eupport of the Motion; and after hearing neld on
December 10, 2003; it ie hereby ORDERED ae iollowe:
i. That the Motion of THCI described above for allowance of
3 an administrative claim against IHS Liquiddtimg LLC ie hereby
I
3

Case 1:04—cv—00910-GI\/IS Document 60-8 Filed 03/15/2005 Page 3 of 3
DENIED because such claim was not identified as an Excluded
Administrative Claim within the meaning of the Elan and
Confirmation Order and therefore is not properly allowable as
against the IHS Liquidating LLC; and
2. THCI has no claims against the Liquidating LLC and the
Liquidating LLC is not required to set up any claims reserve on
account of THCE; and
3. with respect to any claims of THCI against Briarwood,
such claims constitute third party disputes which this Court has
no iurisdiction and which claims and/or defenses must be pursued
in a non-Bankruptcy Court or Courts having appropriate
jurisdiction; and
4M The cross~motion of the IHS Liquidating LLC for
sanctions against THCI for violation of the Confirmation Order is
hereby DENIED; and
5. That aspect of THCI's motion for allowance of
administrative claim relating to an award of attorneys' fees
I pursuant to the March 2002 Stipulation and Order is DENIED
I without prejudice to THCE’s right to file an amended claim for
such fees limited to the period through and including the date of
the March 2002 Stipulation and Order.
BY THE COURT:
§ Q H &\&£§,a;&
Mary F.‘ lrath
United States Bankruptcy Judge
Dated: JanuaryV\ , 2004