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Filed & Entered: Lead Case No. 8:10-bk-16743-TA
Filed & Entered: Lead Case No. 8:10-bk-16743-TA
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RON BENDER (SBN 143364) TODD M. ARNOLD (SBN 221868) FILED & ENTERED JOHN-PATRICK M. FRITZ (SBN 245240) LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. 10250 Constellation Boulevard, Suite 1700 APR 02 2012 Los Angeles, California 90067 Telephone: (310) 229-1234; Facsimile: (310) 229-1244 CLERK U.S. BANKRUPTCY COURT Email: [email protected]; [email protected]; [email protected] District of California Central DEPUTY CLERK Attorneys for Chapter 11 Debtors and Debtors in Possession BY ngo
UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA (SANTA ANA DIVISION) In re: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. __________________________________ BIOLABS, INC., Debtor. __________________________________ Affects Both Debtors Affects WESTCLIFF MEDICAL LABORATORIES, INC. only Affects BIOLABS, INC. only Lead Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk16746-TA Chapter 11 Cases ORDER CONFIRMING DEBTORS FIRST AMENDED CHAPTER 11 LIQUIDATING PLAN OF REORGANIZATION Plan Confirmation Hearing: Date: February 8, 2012 Time: 10:00 a.m. Place: Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701-4593
Case 8:10-bk-16743-TA
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A hearing was held on February 8, 2012, at 10:00 a.m. for the court to consider the confirmation of the First Amended Chapter 11 Liquidating Plan of Reorganization (Plan) which was jointly proposed by Westcliff Medical Laboratories, Inc. and BioLabs, Inc. (collectively, the Debtors). Bankruptcy Court. The Bankruptcy Court, having considered the Plan, the voting on the Plan and all other evidence submitted by the Debtors in support of confirmation of the Plan, the complete record in these case s, the statements, arguments and representations of the parties made at the Plan confirmation hearing, and the Bankruptcy Court, having determined that proper notice of the Plan and the Plan confirmation hearing was given, and no objections to Plan confirmation were Appearances were made as set forth on the record of the
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filed which were not resolved, and good cause appearing therefore, HEREBY ORDERS AS FOLLOWS: 1. The Plan, a copy of which is attached hereto as Exhibit A, is hereby confirmed
pursuant to Sections 1129(a) and 1129(b) of the Bankruptcy Code. 2. All terms which are not defined in this Order shall have the definitions assigned
to such terms in the Plan unless such terms are defined in the Disclosure Statement and not in the Plan in which case such terms shall have the definitions assigned to such terms in the
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Disclosure Statement. 3. The provisions of the Plan and this Order are binding on the Debtors, the
Debtors estates, creditors and all others holding or asserting claims or interests. 4. The Effective Date of the Plan shall be the first business day which is at least
fifteen days following the date the Bankruptcy Court enters this Order unless there is a stay in effect, in which case the Effective Date will be the first business day after the stay is no longer
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in effect with respect to this Order. 5. The treatment of all claims and interests under the Plan shall be in full
settlement and satisfaction of all claims against, and interests in, the Debtors, whether or not the holder of a claim or interest has voted to accept the Plan. 6. The Debtors are hereby authorized to take all steps necessary to implement and
consummate the provisions of the Plan. 7. Once the Debtors estates have been fully administered in accordance with Rule
3022 of the Federal Rules of Bankruptcy Procedure, the Estate Representative shall file a motion to obtain a final decree closing these case s. The Estate Representative shall be
responsible for the timely payment of all fees incurred pursuant to 28 U.S.C. Section
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United States Bankruptcy Judge
1930(a)(6) until the entry of a final decree closing these cases. 8. A post-confirmation status conference shall be held before the Bankruptcy Court
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NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket.
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. August 2010
F 9013-3.1.PROOF.SERVICE
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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
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: Debtors Westcliff Medical Laboratories, Inc. BioLabs, Inc. c/o FTI Consulting 633 West Fifth Street, 16th Floor Los Angeles, CA 90071 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: Service information continued on attached page
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. August 2010
F 9021-1.1.NOTICE.ENTERED.ORDER