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  • Filed & Entered: Lead Case No. 8:10-bk-16743-TA

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    Chapter 11 Dockets
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    This document is an order from the United States Bankruptcy Court for the Central District of California confirming the First Amended Chapter 11 Liquidating Plan of Reorganization for debtors Westcliff Medical Laboratories, Inc. and BioLabs, Inc. The order confirms that the plan meets the requirements of the Bankruptcy Code, authorizes the debtors to take steps to implement the plan, and schedules a post-confirmation status conference.

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    This document is an order from the United States Bankruptcy Court for the Central District of California confirming the First Amended Chapter 11 Liquidating Plan of Reorganization for debtors Westcliff Medical Laboratories, Inc. and BioLabs, Inc. The order confirms that the plan meets the requirements of the Bankruptcy Code, authorizes the debtors to take steps to implement the plan, and schedules a post-confirmation status conference.

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    21 views6 pages

    Filed & Entered: Lead Case No. 8:10-bk-16743-TA

    Uploaded by

    Chapter 11 Dockets
    This document is an order from the United States Bankruptcy Court for the Central District of California confirming the First Amended Chapter 11 Liquidating Plan of Reorganization for debtors Westcliff Medical Laboratories, Inc. and BioLabs, Inc. The order confirms that the plan meets the requirements of the Bankruptcy Code, authorizes the debtors to take steps to implement the plan, and schedules a post-confirmation status conference.

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    Case 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

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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

    on May 9, 2012, at 10:00 a.m. ###

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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.

    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 address is: 10250 Constellation Boulevard, Suite 1700, Los Angeles, CA 90067 A true and correct copy of the foregoing document described as ORDER CONFIRMING DEBTORS FIRST AMENDED CHAPTER 11 LIQUIDATING PLAN OF REORGANIZATION 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 March 26, 2012, 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 II. SERVED BY OVERNIGHT MAIL OR U.S. MAIL(indicate method for each person or entity served): On March 26, 2012, 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 by Overnight Mail The Hon. Theodor C. Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701 Service by U.S. Mail Counsel for Phadia US, Inc. Phillip Ashman/Brian Kumamoto McQueen & Ashman LLP 19900 MacArthur Blvd., Suite 1150 Irvine, CA 92612 Service information continued on attached page III. SERVED BY PERSONAL DELIVERY (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on March 26, 2012, 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. Service information continued on attached page I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. March 26, 2012 Date Lourdes Cruz Type Name /s/ Lourdes Cruz Signature

    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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    NOTE TO USERS OF THIS FORM:


    1) Attach this form to the last page of a proposed Order or Judgment. Do not file as a separate document. 2) The title of the judgment or order and all service information must be filled in by the party lodging the order. 3) Category I. below: The United States trustee and case trustee (if any) will always be in this category. 4) Category II. below: List ONLY addresses for debtor (and attorney), movant (or attorney) and person/entity (or attorney) who filed an opposition to the requested relief. DO NOT list an address if person/entity is listed in category I.

    NOTICE OF ENTERED ORDER AND SERVICE LIST


    Notice is given by the court that a judgment or order entitled (specify) ORDER CONFIRMING DEBTORS FIRST AMENDED CHAPTER 11 LIQUIDATING PLAN OF REORGANIZATION 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 (NEF) 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 March 26, 2012, 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. Raymond G Alvarado [email protected] Todd M Arnold [email protected] Phillip Ashman [email protected], [email protected];[email protected] Richard L Barnett [email protected], [email protected] Ron Bender [email protected] Eric S Bershatski [email protected] Ronald K Brown [email protected] Jennifer Witherell Crastz [email protected] Carol J Fogleman [email protected] Anthony A Friedman [email protected] John-patrick M Fritz [email protected] Jeffrey K Garfinkle [email protected], [email protected];[email protected];[email protected] Fredric Glass [email protected] Nancy S Goldenberg [email protected] D Edward Hays [email protected] Michael J Heyman [email protected] Mark D Houle [email protected] Jacqueline L James [email protected] Jeff D Kahane [email protected] Andy Kong [email protected] Rodger M Landau [email protected], [email protected] Matthew A Lesnick [email protected] Michael B Lubic [email protected] Frank F McGinn [email protected] Elissa Miller [email protected], [email protected] Aram Ordubegian [email protected] Ernie Zachary Park [email protected] Richard Park [email protected] Justin E Rawlins [email protected], [email protected] Benjamin Seigel [email protected], [email protected] David B Shemano [email protected] Philip E Strok [email protected] United States Trustee (SA) [email protected] Howard J Weg [email protected]

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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

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