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7-23-10 Dicon Doc 71 Order to Continue Utilities Hearing Aug 31

7-23-10 Dicon Doc 71 Order to Continue Utilities Hearing Aug 31

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Categories:Business/Law
Published by: cbrenn2 on Jul 23, 2010
Copyright:Attribution Non-commercial

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07/23/2010

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UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF GEORGIASAVANNAH DIVISION
In re:
Chapter!!
)
DICON TECHNOLOGIES, LLC,
1
) Case
o. 10-41275-LWD
)
Debtor.
INTERIM ORDER PURSUANT TO SECTIONS
366
AND 105(A) OF THEBANKRUPTCY CODE (I) PROHIBITING UTILITY PROVIDERS FROMALTERING, REFUSING, OR DISCONTINUING UTILITY SERVICES,
(II)
DEEMING UTILITIES COMPANIES ADEQUATELY ASSURED OFFUTURE PERFORMANCE, AND (Ill) ESTABLISHING PROCEDURESFOR DETERMINING ADEQUATE ASSURANCE OF PAYMENT
Upon consideration of the Trustee's Emergency Motion for Interim and Final OrdersUnder Section 366 of the Bankruptcy Code (I) Prohibiting Utility Providers from Altering,
Refusing, or Discontinuing Utility Services, (II) Deeming Utility Providers Adequately Assuredof Future Performance, and (III) Establishing Procedures for Determining Adequate Assurance
of Payment (the
"Motion")
2
 
filed by Lloyd T. Whitaker, the duly appointed Chapter 11 trustee
(the
"Trustee")
in the above-captioned bankruptcy case of Dicon Technologies, LLC (the
"Debtor");
and the Court having jurisdiction to consider the Motion and the relief requested
therein in accordance with 28 U.S.C. 157 and 1334; and due notice of the Motion having been
provided; and it appearing
that no
other or further notice of the Motion need be provided; and theCourt having determined that the relief sought in the Motion is in the best interests of the Debtor,
The Debtor's address is 100 Dicon Drive, Black Creek Georgia, 31308. The last
four digits of
the Debtor'staxpayer identification number are 7889.
2
Capitalized terms not otherwise defined herein shall have the meaning accorded to them as set forth in the
Motion.
Case: 10-41275-LWD Doc#:71 Filed:07/23/10 Page:1 of 3
FILED
Samuel L. Kay, ClerkUnited States Bankruptcy CourtSavannah, Georgia
.
By lbarnard at 4:06 pm, Jul 23, 2010 
 
its estate and creditors and other parties in interest; and
all
of the proceedings had before the
Court; and after due deliberation and sufficient cause appearing therefor,
IT IS HEREBY ORDERED THAT:
1.
The Motion is GRANTED on an interim basis.
2.
The Trustee is authorized, but not directed, to pay on a timely basis and in
accordance with the Debtor's prepetition practices all undisputed invoices for postpetition UtilityServices provided by the Utility Providers.
3.
To the extent not already deposited, the Trustee shall, on or before 20 days alterentry of this Interim Order, deposit a sum equal to twenty-five percent of the Debtor's estimatedaverage monthly cost of Utility Service (the
"Utility
Deposit")
for each Utility Provider, in the
aggregate approximate amount of S2,711.37, into a newly created segregated account (the
"Utility
Deposit Account"),
with such Utility Deposit to be held in escrow, for the purpose of
providing each Utility Provider adequate assurance of payment of its postpetition Utility Servicesto the Debtor.
4.
Pending the final hearing on the Motion or further order of this Court, the UtilityProviders are prohibited from altering, refusing, or discontinuing Utility Services because of the
commencement of the Debtor's Chapter 11 case or because of any unpaid prepetition invoices orcharges for Utility Services.
5.
The Trustee shall serve a copy of the Motion and the proposed Final Order, whichincludes the proposed procedures, on each Utility Provider within three business days after entryof this Order by the Court.
6.
The Utility Deposit shall be deemed adequate assurance of payment unless and
until a future order of the Court is entered requiring further assurance of payment.
-2-
Case: 10-41275-LWD Doc#:71 Filed:07/23/10 Page:2 of 3

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