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Debtors Motion for Interim and Final Orders Pursuant to Bankruptcy Code Sections 105, 363(b), 507(a), 541, 1107(a) and 1108, Authorizing, But Not Directing, the Debtor, Inter Alia, to Pay Prepetition Wages, Compensation, and Employee Benefits filed by Scott Eric Ratner on behalf of Dewey & LeBoeuf LLP. (Attachments: # (1) Exhibit A - Proposed Interim Order# (2) Exhibit B - Proposed Final Order)

Debtors Motion for Interim and Final Orders Pursuant to Bankruptcy Code Sections 105, 363(b), 507(a), 541, 1107(a) and 1108, Authorizing, But Not Directing, the Debtor, Inter Alia, to Pay Prepetition Wages, Compensation, and Employee Benefits filed by Scott Eric Ratner on behalf of Dewey & LeBoeuf LLP. (Attachments: # (1) Exhibit A - Proposed Interim Order# (2) Exhibit B - Proposed Final Order)

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Published by Chapter 11 Dockets
Debtors Motion for Interim and Final Orders Pursuant to Bankruptcy Code Sections 105, 363(b), 507(a), 541, 1107(a) and 1108, Authorizing, But Not Directing, the Debtor, Inter Alia, to Pay Prepetition Wages, Compensation, and Employee Benefits filed by Scott Eric Ratner on behalf of Dewey & LeBoeuf LLP. (Attachments: # (1) Exhibit A - Proposed Interim Order# (2) Exhibit B - Proposed Final Order)
Debtors Motion for Interim and Final Orders Pursuant to Bankruptcy Code Sections 105, 363(b), 507(a), 541, 1107(a) and 1108, Authorizing, But Not Directing, the Debtor, Inter Alia, to Pay Prepetition Wages, Compensation, and Employee Benefits filed by Scott Eric Ratner on behalf of Dewey & LeBoeuf LLP. (Attachments: # (1) Exhibit A - Proposed Interim Order# (2) Exhibit B - Proposed Final Order)

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Published by: Chapter 11 Dockets on May 29, 2012
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05/29/2012

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TOGUT, SEGAL & SEGAL LLPOne Penn PlazaSuite 3335New York, New York 10119(212) 594-5000Albert TogutScott E. RatnerLara R. SheikhProposed Counsel to theDebtor and Debtor in Possession
UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK---------------------------------------------------------------X:In re: : Chapter 11:DEWEY & LEBOEUF LLP
 ,
: Case No. 12-:Debtor. ::---------------------------------------------------------------X
DEBTOR’S MOTION FOR INTERIM AND FINAL ORDERS PURSUANTTO BANKRUPTCY CODE SECTIONS 105, 363(b), 507(a), 541, 1107(a) AND1108, AUTHORIZING, BUT NOT DIRECTING, THE DEBTOR,
INTER ALIA,
 TO PAY PREPETITION WAGES, COMPENSATION, AND EMPLOYEE BENEFITS
The debtor and debtor in possession in the above-captioned case (the“Debtor”) hereby moves this Court (the “Motion”) for entry of interim and final orders,pursuant to sections 105, 363(b), 507(a), 541, 1107(a) and 1108 of title 11 of the UnitedStates Code (the “Bankruptcy Code”): (a) authorizing, but not directing, the Debtor topay prepetition wages, salaries, and employee benefits and all costs incident to theforegoing, including without limitation, related prepetition withholding and payroll-related taxes; (b) authorizing, but not directing, the Debtor to maintain and continue tohonor its practices, programs, and policies for its Employees (as defined below), and assuch may be modified, amended or supplemented from time to time in the ordinarycourse, including without limitation, the continuation and maintenance of employee benefit programs in the ordinary course; and (c) authorizing all banks to honor
12-12321 Doc 3 Filed 05/28/12 Entered 05/28/12 21:55:05 Main Document Pg1 of 22
 
 2prepetition checks for payment of prepetition employee obligations. In support of theMotion, the Debtor relies upon and incorporates by reference the Declaration of Jonathan A. Mitchell submitted in accordance with Local Bankruptcy Rule 1007-2 insupport of the Debtor’s Chapter 11 petition (the “Mitchell Declaration”) and filed withthe Court concurrently herewith [Docket No. 2]. In further support of the Motion, theDebtor, by and through its undersigned proposed counsel, represents:
JURISDICTION AND VENUE
1.
 
This Court has jurisdiction to consider this Motion under28 U.S.C. §§ 157 and 1334. This is a core proceeding under 28 U.S.C. § 157(b). Venue ofthis case and this Motion in this District is proper under 28 U.S.C. §§ 1408 and 1409.2.
 
The statutory predicates for the relief requested herein areBankruptcy Code sections 105, 363(b), 507(a), 541, 1107(a) and 1108.
BACKGROUND
 3.
 
On the date hereof (the “Petition Date”), the Debtor filed avoluntary petition in this Court for relief under Chapter 11 of the Bankruptcy Code.The factual background regarding the Debtor, including its operations, its capital anddebt structure, and the events leading to the filing of this bankruptcy case, is set forth indetail in the Mitchell Declaration, which is deemed fully incorporated herein byreference.
1
 4.
 
The Debtor continues to manage and maintain possession of itsproperties as a debtor in possession under Bankruptcy Code sections 1107 and 1108.
1
Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in theMitchell
 
Declaration.
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 3
RELIEF REQUESTED
5.
 
By this Motion, the Debtor requests that this Court enter interimand final orders, pursuant to Bankruptcy Code sections 105, 363(b), 507(a), 541, 1107(a)and 1108, and subject to and consistent with any order approving the use of cash collateraland any budget related thereto (the “Budget”):(i) authorizing, but not directing, the Debtor to:(a) pay and/or perform, as applicable, prepetitionobligations to current employees (the “Employees”
2
),including accrued prepetition wages, salaries, andother cash and non-cash compensation claims(collectively, the “Employee Wage Claims”);(b) maintain and continue to honor is practices,programs, and policies for its Employees as they werein effect as of the Petition Date, and as such may bemodified, amended or supplemented from time totime in the ordinary course, including withoutlimitation, the continuation and maintenance of theDebtor’s various non-working day policies, employee benefit plans and programs (and to pay all fees andcosts in connection therewith, including those thatarose prepetition) (collectively, the “Employee BenefitObligations”);(c) reimburse Employees for prepetition expenses thatthe Employees have incurred on behalf of the Debtorin the ordinary course of business (the “EmployeeExpense Obligations”);(d) continue to pay and/or contest in good faith, allamounts related to workers’ compensation claims thatarose prepetition (the “Workers’ CompensationObligations”);(e) pay all related prepetition withholdings and payroll-related taxes (the “Employee-Related Taxes”
3
)
2
As described in further detail below, the Employees consist of approximately 160 non-lawyeremployees and members of the wind-down committee.
3
The Employee Wage Claims, the Employee Benefit Obligations, the Employee Expense Obligationsand the Workers’ Compensation Obligations are collectively referred herein as the “PrepetitionEmployee Obligations.”
12-12321 Doc 3 Filed 05/28/12 Entered 05/28/12 21:55:05 Main Document Pg3 of 22

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