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IN RE PHOENIX RESTAURANT GROUP, INC., (Bankr.M.D.Tenn. 2002)

United States Bankruptcy Court, M.D. Tennessee.
Dec 3, 2002
NOTICE AND ORDER GRANTING JOINT MOTION FOR RELIEF FROM THE AUTOMATIC STAY IN CONNECTION WITH PERSONAL INJURY CASE

KEITH M. LUNDIN, United States Bankruptcy Judge.

This matter is before the Court upon the Joint Motion for Relief from The Automatic Stay In Connection with Personal Injury Case (the "Motion"). It appearing to the Court that the relief sought in the Motion should be granted,

IT IS THEREFORE ORDERED as follows:

1. The Motion is granted and the automatic stay of 11 U.S.C. ยง 362(a) is modified to the extent of Debtors' availible liability insurance to permit Christina R. Jackson to proceed with the personal injury case captioned Christina R. Jackson v. Denny's Inc., et al., which is presently pending before the Superior Court of Arizona, County of Maricopa.

2. As soon as practicable after the entry of this Order, Debtors' counsel shall serve by first-class mail, postage prepaid, a copy of the Motion and this Order to all parties in interest.

3. Any party-in-interest which objects to the granting of the relief requested in the Motion must set forth such objection in writing and file the written objection with the Court within twenty (20) days after the date of entry of this Order, and within the same period must serve a copy of the written objection on counsel for the Debtor, counsel for Jackson, and on the U.S. Trustee, 318 Customs House, 701 Broadway, Nashville, Tennessee 37203.

4. If any properly and timely objections are filed, the Court shall set a hearing thereon.

5. In the absence of timely and proper objection, this Order shall be effective and final as of the date of entry.