Attorneys For The Christian Brothers' Institute, Et Al. Debtors and Debtors-in-Possession

11-22820-rdd
Doc 400
Filed 08/14/12
Entered 08/14/12 10:49:15 Pg 1 of 2
Main Document
TARTER KRINSKY & DROGIN LLP Attorneys for The Christian Brothers Institute, et al. Debtors and Debtors-in-Possession 1350 Broadway, 11th Floor New York, New York 10018 (212) 216-8000 Scott S. Markowitz, Esq. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------- x In re: : : THE CHRISTIAN BROTHERS INSTITUTE, et al., : : Debtor. : ------------------------------------------------------------------- x
Chapter 11 Case No.: 11-22820 (RDD) (Jointly Administered)
AGENDA FOR AUGUST 15, 2012 HEARINGS Time and Date of Hearing: Location of Hearing: August 15, 2012 at 10:00 a.m. (EST) The Honorable Robert D. Drain, United States Bankruptcy Court for the Southern District of New York, 300 Quarropas Street, White Plains, New York 10601.
I.
UNCONTESTED MATTERS: 1. Debtors Motion for Orders Pursuant to Sections 105(a) and 363 of the Bankruptcy Code and Bankruptcy Rule 6004 Approving (i) Sale Procedures and Notice of the Auction Relating Thereto, (ii) Sale of Real Estate to Iona Preparatory School or a Party Making a Higher and Better Offer Free and Clear of Liens, Claims, Interests and Encumbrances, (iii) Approving the Stalking Horse Purchase Agreement and (iv) Granting Related Relief (ECF No. 233). Status: Debtor conducted an auction of the real property located at 173 Stratton Road, New Rochelle, New York, and vacant land across therefrom, on August 7, 2012, and at the conclusion of the auction, the Debtor selected the modified bid of Iona Preparatory School (the stalking horse bidder) as the highest and best bid. The Debtor intends to request that the Court approve the sale to Iona Preparatory School. Pursuant to an agreement between the Debtor and the Committee to be memorialized in the sale order, the Committee supports the sale to Iona Preparatory School. Although no pleadings have been filed, the only other bidder at the auction has raised issues arising from the auction. This matter will proceed. 2. Vincenzo Grillos Motion to Lift the Automatic Stay to Commence a Personal Injury Action Against the Debtor Limited to Insurance Proceeds (ECF No. 359).
{Client/001718/BANK376/00526274.DOC;1 }
11-22820-rdd
Doc 400
Filed 08/14/12
Entered 08/14/12 10:49:15 Pg 2 of 2
Main Document
Status: Debtor does not oppose the lift stay motion if movant limits his relief to the extent of insurance proceeds, and otherwise withdraws his proof of claim. This matter will proceed. II. CONTESTED MATTERS: 1. Committees Motion for an Order Pursuant to Bankruptcy Rule 2004 Authorizing Examinations and Production of Documents Regarding Insurance Policies (ECF No. 389). Status: This motion was filed by notice of presentment. An objection to the motion was filed by Pacific Indemnity Company (ECF No. 396). The Debtor has no objection to the motion. This matter will proceed. 2. Motion of the Official Committee of Unsecured Creditors for Entry of an Order Appointing an Examiner with Expanded Powers to Sell Real Property Owned by the Debtors (ECF No. 205). Status: The Debtors filed an objection to the motion (ECF No. 259). This matter will not go forward and will be adjourned. III. ADVERSARY PROCEEDING PRE-TRIAL CONFERENCE 1. Corporation of the Catholic Archbishop of Seattle v. Congregation of Christian Brothers of Ireland, et al. Adv. Pro. No. 12-08236 (RDD) Status: This adversary proceeding was commenced in or about April 2012, and seeks the substantive consolidation of the Debtors Chapter 11 cases with other non-debtor entities allegedly closely associated with the Debtors. The Court recently granted motions to dismiss filed by defendants Christian Brothers Institute of California and Christian Brothers Institute of Michigan. The Court also granted motions to intervene filed by the insurance carriers. The Debtors dispute the standing of the Seattle Archdiocese to seek substantive consolidation relief. The Debtors believe all proceedings should be stayed pending submission of a plan of reorganization and disclosure statement. This matter will proceed. Dated: New York, New York August 14, 2012 TARTER KRINSKY & DROGIN LLP Attorneys for The Christian Brothers Institute, et al. Debtors and Debtors-in-Possession By: /s/ Scott S. Markowitz Scott S. Markowitz 1350 Broadway, 11th Floor New York, New York 10018 (212) 216-8000 2
{Client/001718/BANK376/00526274.DOC;1 }

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11-22820-rdd

Entered 08/14/12 10:49:15 Pg 1 of 2

Chapter 11 Case No.: 11-22820 (RDD) (Jointly Administered)

Entered 08/14/12 10:49:15 Pg 2 of 2

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