Exhibit 99.2
Case 11-79079-pwb Doc 581 Filed 10/02/12 Entered 10/02/12 08:25:53 Desc Main
Document - Motion to Pay Pre-Petition Claims Page 1 of 6
IT IS ORDERED as set forth below: |
| |||
Date: October 1, 2012 |
| |||
| Paul W. Bonapfel | ||||
U.S. Bankruptcy Court Judge
|
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
| IN RE: | : CHAPTER 11 | |
| : | ||
| CDC CORPORATION, | : CASE NO. 11-79079 -PWB | |
| : | ||
Debtor. | : | |
| : | |
| CDC CORPORATION, | : | |
| : | ||
Movant, | : | |
| : CONTESTED MATTER | ||
| v. | : | |
| : | ||
| THE PARTIES SET FORTH ON SCHEDULE | : | |
| “A” ATTACHED HERETO, | : | |
| : | ||
Respondents. | : |
ORDER AND NOTICE GRANTING DEBTOR’S MOTION TO ESTABLISH RESERVE
AMOUNTS WITH RESPECT TO CERTAIN DISPUTED CLAIMS UNDER
CONFIRMED JOINT PLAN OF REORGANIZATION
391376
Case 11-79079-pwb Doc 581 Filed 10/02/12 Entered 10/02/12 08:25:53 Desc Main
Document - Motion to Pay Pre-Petition Claims Page 2 of 6
On September 25, 2012, Debtor CDC Corporation (the “Debtor”) filed the “Debtor’s Motion to Establish Reserve Amounts with Respect to Certain Disputed Claims under Confirmed Joint Plan of Reorganization” (the “Motion”, Docket No. 572).1
After reviewing and considering the Motion, it appears that the Court has jurisdiction over this proceeding; this is a core proceeding; the relief sought in the Motion is in the best interests of the Debtor, its estate, its creditors, and its equity interest holders; and good and sufficient cause exists for such relief. Accordingly, it is hereby
ORDERED and NOTICE IS GIVENthat, subject to objection as set forth herein, the Motion isGRANTED;and it is further
ORDERED and NOTICE IS GIVENthat any creditor listed on the attached Schedule A who objects to the Reserve Amount proposed by the Debtor thereon must file a written objection with the Clerk of the United States Bankruptcy Court, Suite 1340, 75 Spring Street, Atlanta, Georgia 30303, so that such objection isfiled and served no later than October 25, 2012.Any such creditor shall also be required to serve a copy of the objection on Gregory D. Ellis, Esq., counsel for the Debtor, Lamberth, Cifelli, Stokes, Ellis & Nason, P.A., 3343 Peachtree Road N.E., Suite 550, Atlanta, GA 30326-1022. Such objection must be filed and served so as to be received within the aforementioned objection time period. Any objection by a creditor to a Reserve Amount should set forth the name of the creditor and the amount the creditor asserts should be established as the appropriate Reserve Amount with respect to its claim and the basis therefore; and it is further
| 1 | Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Motion or, if not defined therein, then as indicated in the Motion, as defined in the Second Amended Joint Plan of Reorganization, filed on August 29, 2012 (Docket No. 542). |
2
Case 11-79079-pwb Doc 581 Filed 10/02/12 Entered 10/02/12 08:25:53 Desc Main
Document - Motion to Pay Pre-Petition Claims Page 3 of 6
ORDERED and NOTICE IS HEREBY GIVENthat if a creditor does not timely file and serve an objection to the Reserve Amount listed on Schedule A with respect to such creditor’s claim in accordance with this Order and Notice, the Debtor, the Proponents, the Liquidating Trustee, and the Disbursing Agent are entitled to rely upon the Reserve Amount set forth on Schedule A in funding the Reserve for the Effective Date Available Cash under the Plan for such creditor’s claim, and the failure of any creditor to object to its respective Reserve Amount in accordance with the foregoing procedure is deemed an acknowledgment by such creditor that the Reserve Amount proposed by the Debtor is an appropriate reserve amount under the Plan; and it is further
ORDERED and NOTICE IS HEREBY GIVENthat if any objection is filed with respect to the Reserve Amount(s) listed on Schedule A, the Court shall hold a hearing on the Reserve Amount(s) established on Schedule A and any objection filed inCourtroom 1401,United States Courthouse, 75 Spring Street, S.W., Atlanta, Georgia 30303 at10:00 a.m. on the 30th day of October, 2012;and it is further
ORDERED and NOTICE IS HEREBY GIVENthat nothing in this Order and Notice shall prevent the Debtor, the Proponents, the Liquidating Trustee, and the Disbursing Agent from paying undisputed or settled claims under the terms of the Plan or in accordance with the Claims Procedures Order.
[END OF DOCUMENT]
[SIGNATURE ON FOLLOWING PAGE]
3
Case 11-79079-pwb Doc 581 Filed 10/02/12 Entered 10/02/12 08:25:53 Desc Main
Document - Motion to Pay Pre-Petition Claims Page 4 of 6
| Prepared and presented by: | ||
| LAMBERTH, CIFELLI, STOKES, | ||
| ELLIS & NASON, P.A. | ||
| Attorneys for Debtor | ||
| By: | /s/ William D. Matthews | |
| Gregory D. Ellis | ||
Georgia Bar No. 245310 gellis@lcsenlaw.com | ||
| William D. Matthews | ||
Georgia Bar No. 470865 wdm@lcsenlaw.com | ||
| 3343 Peachtree Road, N.E. | ||
| East Tower, Suite 550 | ||
| Atlanta, Georgia 30326-1022 | ||
| (404) 262-7373 | ||
| (404) 262-9911 (facsimile) | ||
Identification of parties to be served:
Office of the United States Trustee, 362 Richard B. Russell Federal Building, 75 Spring Street, SW, Atlanta, GA 30303
Gregory D. Ellis, Lamberth, Cifelli, Stokes, Ellis & Nason, P.A., 3343 Peachtree Road NE, East Tower, Suite 550, Atlanta, GA 30326
Jeffrey W. Kelley, Troutman Sanders, LLP, 600 Peachtree Street, NE, Suite 5200, Atlanta, GA 30308-2216
4
Case 11-79079-pwb Doc 581 Filed 10/02/12 Entered 10/02/12 08:25:53 Desc Main
Document - Motion to Pay Pre-Petition Claims Page 5 of 6
SCHEDULE A
391376
Case 11-79079-pwb Doc 581 Filed 10/02/12 Entered 10/02/12 08:25:53 Desc Main
Document - Motion to Pay Pre-Petition Claims Page 6 of 6
SCHEDULE A
LIST OF DISPUTED CLAIMS AS OF SEPTEMBER 25, 2012 AND PROPOSED RESERVE AMOUNTS
Claim No. | Date | Claimant | Filed Amount | Proposed Reserve Amount* | Notes | |||||||||
1 | 10/12/2011 | CDW | $ | 1,332.88 | $ | 2,000.00 | Disputed | |||||||
2 | 10/14/2011 | EMC CORPORATION | $ | 3,541.38 | $ | 5,000.00 | Disputed | |||||||
3 | 10/27/2011 | PAUL E GREGORY & TERRY GREGORY JT TEN | $ | 42.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
4 | 11/03/2011 | RYAN R KING | Unliquidated | $ | 0.00 | Disputed (Stock Claim) | ||||||||
5 | 11/14/2011 | BRONISLAW CUPRYS | $ | 13,375.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
6 | 11/04/2011 | WLADYSLAWA CUPRYS | $ | 13,375.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
Amended 6 | 03/19/2012 | WLADYSLAWA CUPRYS | $ | 13,375.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
9 | 11/07/2011 | JOHN R HALLING & CAROLINE L HALLING JT TEN | $ | 305.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
10 | 11/07/2011 | CAROLINE L HALLING | $ | 1,936.75 | $ | 0.00 | Disputed (Stock Claim) | |||||||
11 | 11/14/2011 | ROBERT DONOHOE & DOROTHY DONOHOE | $ | 14,400.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
12 | 11/21/2011 | HILDA DETWEILER | $ | 3,000.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
13 | 11/28/2011 | CHARLES A GENEROSE & LILLIAN M GENEROSE JT TEN | $ | 1,322.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
15 | 12/02/2011 | CELIA Y CHEAH | Unliquidated | $ | 0.00 | Disputed (Stock Claim) | ||||||||
16 | 12/06/2011 | ROSINA M GENEROSE | $ | 2,250.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
18 | 01/03/2012 | KIT LIN SONG & GIN S YEE JT TEN | $ | 3,500.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
19 | 01/18/2012 | SUZANNE D KILLEEN | Unliquidated | $ | 0.00 | Disputed (Stock Claim) | ||||||||
22 | 03/22/2012 | BRONISLAW CUPRYS | $ | 13,375.00 | $ | 0.00 | Disputed (Stock Claim) | |||||||
28 | 04/23/2012 | BROAD CROSSING, INC. | $ | 123,443.00 | $ | 0.00 | Disputed | |||||||
|
| |||||||||||||
| Total estimated reserve amounts: | $ | 7,000.00 | ||||||||||||
| * | By listing an estimated amount, the Proponents are not admitting the validity of any claim and reserve all rights to object to a claim. |
A-1