Free Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:04-cv—00910-G|\/IS Document 183-5 Filed 07/25/2006 Page 1 0f 3

Case 1 :04-cv-00910-GIVIS Document 183-5 Filed 07/25/2006 Page 2 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FDR THE DISTRICT OF BELANARB
IN RE: ) Chapter 11
INTEGRATED HEALTH SERVICES, g
INC., et el. } Case No. 00-359 tmrwy
g (Jolntly Administered)
QBQEE
Upon consideration of the motion filed by THC} Company, LLC
(“THCI" or “Lendlord"} seeking e determioerion of administration
claim status end e direction for immediate payment or, in the
elrernetlve. requiring the IHS Llquideuing LLC {“L1quidebing
LLC") to eegregate funds es e reserve with respect co the THC1
claim (hereinafter referred to es the “Motlon“}, {Docket No.
10349) and the objections and responses filed by the Llquidacing
LLC and Abe Briarwood Corp., the parent entity of IHS Long Term
Care, Inc. (“LTC"), end the applicable reorganized debtors ee
lessees (°Appllceble Reorganlzed Debtore”) with respect to the
purported lease by end between THC! as landlord and the
Applicable Reorgenized Debtore as lessees (Abe Briarwood Corp.,
LTC and the Applicable Reorgenlzed Debtors hereinafter referred
to collectively ae “Brlerwood"): and the reply memorandum filed
by THC! in support of the Motion; and after hearing held on
December 10, 2003; it is hereby ORDERED ee follows:
1. Ther the Motion of THC! described above for allowance of
{ en administrative claim against IHS Liquideting LLC is hereby

Case 1 :04-cv-00910-GIVIS Document 183-5 Filed 07/25/2006 Page 3 of 3
DENIED because auch claim was not identified ae an Excluded
Administrative Claim within the meaning of the Plan and
Confirmation Order and therefore ia not properly allowable as
agaiuat the IHS Liquidatlng LLC; and
2. THCI has no claims against the Liquldating LLC and the
Liquidating LLC ia not required to set up any claims reserve on
account of THCI: and
3. with respect to any claims of THCI against Briarwood,
such claims constitute third party disputes which this Court has
no jurisdiction and which claims and/or defences must be pursued
in a no¤—Bankruptcy Court or Courts having appropriate .
jurisdiction; and
4. The cross-motion of the IHS Liquioating LLC for
aanctiona against THCI tor violation of the Confirmation Order ia
hereby DENIED; and
5. That aspect of THCI'B motion for allowance of
administrative claim relating to an award of attorneya’ face
’ pursuant to the March 2002 Stipulatlcn and Order is DENIED
without prejudice to THCI's right to file an amended claim for
auch fees limited to the period through and including the date ci
the March 2002 stipulation and Order.
BY THE COURT: .
United States Bankruptcy Judge
Dated: JanuaryV\ , 2004