Free MEMORANDUM in Support - District Court of Delaware - Delaware

Case 1:04-cv—OO910-G|\/IS Document 145-7 Filed O3/30/2006 Page 1 0f 3

Case 1 :04-cv-00910-GIVIS Document 145-7 Filed O3/30/2006 Page 2 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
IN RE: ) Chapter ll
INTEGRATED HEALTH SERVICES, i
INC., et al. ) Ceee No. 00-389 (NEW}
g (Jointly Adminietered)
QLRZLEE
Upon consideration of the motion filed by THCI 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 segregate funds ee a reeerve with reepect to the THCI
claim (hereinafter reierred to ae the “Motion”}, (Docket No.
10349) 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 (“Applicable Reorganized Sebtore”) with reepect to the
purported lease by and between THCI ae landlord and the
Applicable Reorganized Debtore as leeeeee (Abe Briarwood Corp.,
LTC and the Applicable Reorgenized Debtors hereinafter referred
to collectively ae “Briarwood"); and the reply memorandum filed
by THCI in support of the Motion; and after hearing held on
Becember 20, 20GB; it ie hereby ORDERED ee follows:
1. That the Motion of THCI described above for allowance of
2 an edminietrative claim against IHS Liquidating LLC ie hereby

Case 1 :04-cv-00910-GIVIS Document 145-7 Filed O3/30/2006 Page 3 of 3
DENIED because such claim was not identified as an Excluded
Administrative Claim within the meaning of the Plan and
Confirmation Order and therefore is not properly allowable as
against the IHS Liquidating LLC; and
2. THCI has no ciaims against the Liquidating LLC and the
Liqnidating 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 jurisdiction and which claims and/or defenses must be pursued
in a non-Bankruptcy Court or Courts having appropriate
jurisdiction; and
4. 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
p pursuant to the March 2002 Stipulation and Order is DENIED
without prejudice to THCI’s right to file an amended claim for
such fees limited to the period through and including the date of
the March ZGG2 Stipulation and Order.
BY THE COURT: .

United States Bankruptcy Judge
Dated: January‘-\ , 2064