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    Filed & Entered: For Court Use Only

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    Chapter 11 Dockets
    This document is a court order granting a motion for relief from the automatic stay in a Chapter 11 bankruptcy case. Specifically, it grants relief from the stay to ACE American Insurance Company and ACE Property Casualty Insurance Company to enforce their remedies regarding an arbitration award and auto insurance policy against the debtor, Westcliff Medical Laboratories. The order allows ACE to repossess or dispose of the property in accordance with non-bankruptcy law but prohibits pursuing any deficiency claim against the debtor except through filing a proof of claim. The order is binding even if the case converts to another chapter.

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    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd

    Filed & Entered: For Court Use Only

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    Chapter 11 Dockets
    53 views6 pages
    This document is a court order granting a motion for relief from the automatic stay in a Chapter 11 bankruptcy case. Specifically, it grants relief from the stay to ACE American Insurance Company and ACE Property Casualty Insurance Company to enforce their remedies regarding an arbitration award and auto insurance policy against the debtor, Westcliff Medical Laboratories. The order allows ACE to repossess or dispose of the property in accordance with non-bankruptcy law but prohibits pursuing any deficiency claim against the debtor except through filing a proof of claim. The order is binding even if the case converts to another chapter.

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    10000021862

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    This document is a court order granting a motion for relief from the automatic stay in a Chapter 11 bankruptcy case. Specifically, it grants relief from the stay to ACE American Insurance Company and ACE Property Casualty Insurance Company to enforce their remedies regarding an arbitration award and auto insurance policy against the debtor, Westcliff Medical Laboratories. The order allows ACE to repossess or dispose of the property in accordance with non-bankruptcy law but prohibits pursuing any deficiency claim against the debtor except through filing a proof of claim. The order is binding even if the case converts to another chapter.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    53 views6 pages

    Filed & Entered: For Court Use Only

    Uploaded by

    Chapter 11 Dockets
    This document is a court order granting a motion for relief from the automatic stay in a Chapter 11 bankruptcy case. Specifically, it grants relief from the stay to ACE American Insurance Company and ACE Property Casualty Insurance Company to enforce their remedies regarding an arbitration award and auto insurance policy against the debtor, Westcliff Medical Laboratories. The order allows ACE to repossess or dispose of the property in accordance with non-bankruptcy law but prohibits pursuing any deficiency claim against the debtor except through filing a proof of claim. The order is binding even if the case converts to another chapter.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    Case 8:10-bk-16743-TA

    Doc 571 Filed 09/28/11 Entered 09/28/11 15:25:29 Main Document Page 1 of 6

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    Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address

    FOR COURT USE ONLY

    FILED & ENTERED SEP 28 2011


    CLERK U.S. BANKRUPTCY COURT Central District of California BY ngo DEPUTY CLERK

    Jeff D. Kahane (SBN 223329) Katherine L. Nichols (SBN 228893) DUANE MORRIS LLP 865 S. Figueroa Street, Suite 3100 Los Angeles, CA 90017-5054 Telephone: 213.689.7400 Facsimile: 213.689.7401 Email: [email protected]

    Attorney for Movant(s) Movant(s) appearing without an attorney

    UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA SANTA ANA DIVISION
    In re: CASE NO.: 8:10-bk-16743-TA CHAPTER: 11

    WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. _____________________________________________ BIOLABS, INC.,

    ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. 362 (PERSONAL PROPERTY)
    DATE: September 20, 2011 TIME: 10:00 a.m. COURTROOM: 5B PLACE: 411 W. Fourth Street, Santa Ana, CA 92701

    Debtor(s).

    Movant:

    ACE AMERICAN INSURANCE COMPANY and ACE PROPERTY CASUALTY INSURANCE COMPANY

    1. The Motion was:

    Opposed

    Unopposed

    Settled by stipulation

    2. The Motion affects the following personal property (Property): Vehicle (describe year, manufacturer, type and model): _____________________________________________ Vehicle identification number: ____________________________ Location of vehicle (if known): ____________________________ Equipment (describe manufacturer, type, and characteristics): Serial number(s): Location (if known): _______________________________________ _______________________________________

    This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 1

    F 4001-1.ORDER.PP

    Case 8:10-bk-16743-TA

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    Other Property (describe type, identifying information, and location): For payment of arbitration award. Auto Insurance Policy No. H08049610. Insurer: ACE Property & Casualty Co. See Exhibit A attached to this Order. 3. The Motion is granted under: 11 U.S.C. 362 (d)(1) 11 U.S.C. 362(d)(2)

    4. As to the Movant, its successors, transferees and assigns, the stay of 11 U.S.C. 362(a) is: a. Terminated as to Debtor and Debtors bankruptcy estate. b. Annulled retroactively to the date of the bankruptcy petition filing. c. Modified or conditioned as set for the in Exhibit A to this Order. 5. Movant may enforce its remedies. to repossess or otherwise obtain possession and dispose of the Property in accordance with applicable nonbankruptcy law, but may not pursue any deficiency claim against the Debtor or property of the estate except by filing a Proof of Claim pursuant to 11 U.S.C. 501. Movant must not repossess the Property before the following date (specify): The stay remains in effect subject to the terms and conditions set forth in the Adequate Protection Attachment to this Order. In chapter 13 cases, the trustee must not make any further payments on account of Movants secured claim after entry of this Order. The secured portion of Movants claim is deemed withdrawn upon entry of this Order without prejudice to Movants right to file an amended unsecured claim for any deficiency. Absent a stipulation or order to the contrary, Movant must return to the trustee any payments received from the trustee on account of Movants secured claim after entry of this Order.

    6. 7.

    8.

    9. This Order is binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of the Bankruptcy Code. 10. This court further orders as follows: a. The 14-day stay provided by FRBP 4001(a)(3) is waived. b. The provisions set forth in the Extraordinary Relief Attachment shall also apply (attach Optional Form F 40011O.ER). c. See attached continuation page for additional provisions. ###

    DATED: September 28, 2011

    United States Bankruptcy Judge

    This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 2

    F 4001-1.ORDER.PP

    Case 8:10-bk-16743-TA

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    This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 3

    F 4001-1.ORDER.PP

    Case 8:10-bk-16743-TA

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    PROOF OF SERVICE OF DOCUMENT


    I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: A true and correct copy of the foregoing document described as ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. 362 (PERSONAL PROPERTY) will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Order(s) and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On _______________, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email address(es) stated below:

    Service information continued on attached page 2. SERVED BY UNITED STATES MAIL OR OVERNIGHT MAIL (state method for each person or entity served): On , I served the following person(s) and/or entity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.

    Service information continued on attached page 3. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on , I served the following person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on the judge will be completed no later than 24 hours after the document is filed.

    Service information continued on attached page I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

    Date:

    Signature: Printed Name:

    This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 4

    F 4001-1.ORDER.PP

    Case 8:10-bk-16743-TA

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    NOTICE OF ENTERED ORDER AND SERVICE LIST


    Notice is given by the court that a judgment or order entitled ORDER ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. 362 (PERSONAL PROPERTY) was entered on the date stated as Entered on the first page of this judgment or order and will be served in the manner stated below:

    1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Order(s) and LBRs, the foregoing document was served on the following person(s) by the court via NEF and hyperlink to the judgment or order. As of September 23, 2011, the following person(s) are currently on the Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email address(es) stated below: Raymond G Alvarado [email protected] Todd M Arnold [email protected] Phillip Ashman [email protected], [email protected];[email protected] Richard L Barnett [email protected], [email protected] Ron Bender [email protected] Eric S Bershatski [email protected] Ronald K Brown [email protected] Jennifer Witherell Crastz [email protected] Carol J Fogleman [email protected] Anthony A Friedman [email protected] John-patrick M Fritz [email protected] Jeffrey K Garfinkle [email protected], [email protected];[email protected];[email protected] Fredric Glass [email protected] Nancy S Goldenberg [email protected] D Edward Hays [email protected] Michael J Heyman [email protected] Mark D Houle [email protected] Jacqueline L James [email protected] Jeff D Kahane [email protected] Andy Kong [email protected] Rodger M Landau [email protected], [email protected] Matthew A Lesnick [email protected] Michael B Lubic [email protected] Frank F McGinn [email protected] Elissa Miller [email protected], [email protected] Aram Ordubegian [email protected] Ernie Zachary Park [email protected] Richard Park [email protected] Justin E Rawlins [email protected], [email protected] Benjamin Seigel [email protected], [email protected] David B Shemano [email protected] Philip E Strok [email protected] United States Trustee (SA) [email protected] Howard J Weg [email protected] Sharon Z Weiss [email protected], [email protected] Joseph M Welch [email protected], [email protected];[email protected] Johnny White [email protected];[email protected];[email protected] Service information continued on attached page
    This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 5

    F 4001-1.ORDER.PP

    Case 8:10-bk-16743-TA

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    2. SERVED BY THE COURT VIA UNITED STATES MAIL: A copy of this notice and a true copy of this judgment or order was sent by United States mail, first class, postage prepaid, to the following person(s) and/or entity(ies) at the address(es) stated below:

    Westcliff Medical Laboratories, Inc. c/o FTI Consulting 633 West Fifth St 16th Fl Los Angeles, CA 90071
    Service information continued on attached page 3. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ stamp by United States mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the following person(s) and/or entity(ies) at the address(es), facsimile transmission number(s), and/or email address(es) stated below: Service information continued on attached page Callahan & Blaine Post Office Box 626 Planetarium Station New York, NY 10024-0540 City and County of San Francisco Office of the Treasurer/Tax Collector Legal Section Attn: Robert L. Fletcher, Jr., P.O. Box 7426 San Francisco, CA 94120-7426 Debt Acquisition Company of America V, LLC 1565 Hotel Circle South, Suite 310 San Diego, CA 92108 Department of Health Care Services Office of Legal Services Attn: Steven A. Oldham, Staff Attorney MS 0010, P.O. Box 997413 Sacramento, CA 95899-7413 David W Gee Garvey Schubert Barer 1191 Second Ave 18th Fl Seattle, WA 98101-2939 Recy Hernandez 27615 Glasser Ave Canyon Country, CA 91351 Kirkland & Ellis LLP 300 N LaSalle St Chicago, IL 60654 Ron Oliner Duane Morris LLP One Market Plaza, Spear Tower Suite 2200 San Francisco, CA 94105-1127
    This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 6

    Riverside Claims 3 Hutton Centre Dr #900 Santa Ana, CA 92707

    F 4001-1.ORDER.PP

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