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MARC J. WINTHROP State Bar No. 63218 [email protected] KAVITA GUPTA State Bar No. 138505 [email protected] WINTHROP COUCHOT PROFESSIONAL CORPORATION 660 Newport Center Drive, Suite 400 Newport Beach, CA 92660 Telephone: (949) 720-4100 Facsimile: (949) 720-4111 [Proposed] General Insolvency Counsel for Debtor and Debtor-in-Possession
FILED & ENTERED OCT 21 2010
CLERK U.S. BANKRUPTCY COURT Central District of California BY kent DEPUTY CLERK
UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA SANTA ANA DIVISION
In re: CRYSTAL CATHEDRAL MINISTRIES, a California nonprofit corporation,
Case No. 8:10-bk-24771-RK Chapter 11 Proceeding ORDER AUTHORIZING PAYMENT AND HONORING OF PREPETITION PAYROLL OBLIGATIONS DATE: TIME: PLACE: October 20, 2010 3:00 p.m. Courtroom 5D 411 W. Fourth Street Santa Ana, CA 92701
Debtor and Debtor in Possession.
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On October 20, 2010, at 3:00 p.m., a hearing was held on the Debtors Emergency Motion for Order Authorizing Payment and Honoring of Prepetition Payroll Obligations (Motion) filed by Crystal Cathedral Ministries, a California nonprofit corporation, the debtor and debtor-inpossession in the above Chapter 11 proceeding (Debtor). Marc J. Winthrop, Esq. and Kavita Gupta, Esq. of Winthrop Couchot Professional Corporation appeared on behalf of the Debtor. Other appearances were as reflected on the Courts record of the proceedings. The Court having reviewed the Motion, the Declaration of Fred W. Southard filed in support thereof, the pleadings and other documents on file in this Chapter 11 proceeding, the representations and arguments of counsel, and the Court having found that, pursuant to Rule 6003(b) of the Bankruptcy Code, immediate and irreparable harm would occur if the relief sought by the Motion is not granted, and finding that, under the circumstances of this case, the notice given of the hearing on the Motion was sufficient, and for other good and adequate cause, IT IS HEREBY ORDERED that: 1. 2. The Motion is granted; The Debtor is authorized to pay the prepetition wage and salary obligations owed by the Debtor to any employee who remains in the Debtors employ, not to exceed the $11,725 priority limit per employee, provided that no insider shall be paid until such insiders compensation is approved pursuant to the Local Bankruptcy Rules and the Notices and Guides promulgated by the Office of the United States Trustee; 3. The Debtor is authorized to pay: (1) for the reimbursement of ordinary course prepetition employment business expenses in accordance with company policy, and (2) the payment of benefit obligations including 401(k) plan employer contributions, workers compensation, medical, dental, life insurance, disability insurance, and miscellaneous other benefits incurred and payable in the ordinary course, provided that no insider shall be paid until such insiders compensation is approved pursuant to the Local Bankruptcy Rules and the Notices and Guides promulgated by the Office of the United States Trustee;
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4.
The Debtor is authorized to honor all prepetition vacation pay, sick leave, holiday pay, jury duty pay, and other paid leave claims in the ordinary course;
5.
The Debtor is authorized to take all actions reasonable and necessary to comply with its obligations to its existing payroll service company;
6.
The Debtor is authorizing to retain its prepetition payroll account(s) for 30 days and directing the bank or other financial institution not or otherwise impair the Debtor's ability to deposit funds into and to withdraw funds from said account(s); and
7.
No further notice or hearing shall be necessary to effectuate the foregoing.
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DATED: October 21, 2010
United States Bankruptcy Judge
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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 th address is: 660 Newport Center Drive, 4 Fl., Newport Beach, CA 92660. A true and correct copy of the foregoing document described as: ORDER AUTHORIZING PAYMENT AND HONORING OF PREPETITION PAYROLL OBLIGATIONS 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 indicated below: I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) (LBR), the foregoing document will be served by the court via NEF and hyperlink to the document. On ________________, 2010, 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) indicated below: Service information continued on attached page
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I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Service information continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On ___________________, 2010 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 III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on October 20, 2010 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.
F&M Bank of Long Beach c/o Lawrence C. Meyerson, Esq.
[email protected] Out of Court committee Nanette D. Sanders Ringstad & Sanders LLP F&M of Long Beach Michel Leight, Esq.
[email protected]
October 20, 2010
Date
Viann Corbin
Type Name
/s/ Viann Corbin
Signature
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NOTICE OF ENTERED ORDER AND SERVICE LIST
Notice is given by the court that a judgment or order entitled (specify): ORDER AUTHORIZING PAYMENT AND HONORING OF PREPETITION PAYROLL OBLIGATIONS was entered on the date indicated as Entered on the first page of this judgment or order and will be served in the manner indicated below: I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (ANEF@) B Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s), the foregoing document was served on the following person(s) by the court via NEF and hyperlink to the judgment or order. As of October 20, 2010, 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) indicated below.
Frank Cadigan [email protected] United States Trustee (SA) [email protected] Marc J Winthrop [email protected], [email protected]
Service information continued on attached page
II. SERVED BY THE COURT VIA U.S. 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) indicated below:
Service information continued on attached page III. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which bears an Entered stamp, the party lodging the judgment or order will serve a complete copy bearing an Entered stamp by U.S. 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) indicated below:
F&M Bank of Long Beach c/o Lawrence C. Meyerson, Esq.
[email protected] Out of Court committee Nanette D. Sanders Ringstad & Sanders LLP F&M of Long Beach Michel Leight, Esq.
[email protected]
Service information continued on attached page
