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Filed & Entered: Clerk U.S. Bankruptcy Court Central District of California by Deputy Clerk
Filed & Entered: Clerk U.S. Bankruptcy Court Central District of California by Deputy Clerk
Filed & Entered: Clerk U.S. Bankruptcy Court Central District of California by Deputy Clerk
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MARC J. WINTHROP State Bar No. 63218 mwinthrop@winthropcouchot.com KAVITA GUPTA State Bar No. 138505 kgupta@winthropcouchot.com 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
UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA SANTA ANA DIVISION
Case No. 8:10-bk-24771-RK In re: Chapter 11 Proceeding CRYSTAL CATHEDRAL MINISTRIES, a California nonprofit corporation, Debtor and Debtor-inPossession. ORDER (A) PROHIBITING UTILITY PROVIDERS FROM ALTERING, REFUSING OR DISCONTINUING SERVICE, (B) DEEMING UTILITIES ADEQUATELY ASSURED OF FUTURE PERFORMANCE, AND (C) ESTABLISHING PROCEDURES FOR DETERMINING ADEQUATE ASSURANCE OF PAYMENT UNDER SECTION 366 OF THE BANKRUPTCY CODE DATE: TIME: PLACE: October 20, 2010 3:00 p.m. Courtroom 5D 411 W. Fourth Street Santa Ana, CA 92701
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Case 8:10-bk-24771-RK
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On October 20, 2010, at 3:00 p.m., a hearing was held on the Debtors Emergency Motion for Order (A) Prohibiting Utility Providers from Altering, Refusing or Discontinuing Service, (B) Deeming Utilities Adequately Assured of Future Performance, and (C) Establishing Procedures for Determining Adequate Assurance of Payment Under Section 366 of the Bankruptcy Code (Motion), 1 filed by Crystal Cathedral Ministries, a California nonprofit corporation, the debtor and debtor-in-possession (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. Based upon the Motion, the Declaration of Fred W. Southard filed in support thereof, the pleadings and other documents on file in this Chapter 11 case, and the Court having found 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. Within 30 days of the entry of this order, the Debtor shall deposit $52,500 into an interest-bearing, newly-created segregated account (Utility Deposit Account). The Utility Deposit Account shall be held in escrow, pending further order of the Court, for the purpose of providing each utility company that is not currently holding a deposit with adequate assurance of payment of its post-petition date services to the Debtor. 3. The following procedures are approved by which Utility Providers may request additional adequate assurance of future payment, in the event that Utility Providers believe that the Utility Deposit Accounts do not provide them with satisfactory adequate assurances. Such procedures provide that: absent any further order of this Court and except as otherwise provided herein, the Utility Providers may not alter, refuse or discontinue service to, or discriminate against, the Debtor on account of the commencement of
Capitalized terms not defined herein shall have the same meaning as set forth in the Motion. -2Order#31055#fb7ebbc2-a6c3-471f-b1bd-24318ad9ce3c
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this Chapter 11 case or any unpaid prepetition charges, or request payment of a deposit or receipt of other security in connection with any unpaid prepetition charges; the Debtor will serve the Motion and this order, via first-class mail, within three (3) business days after the date that the order is entered by the Court on all Utility Providers identified on the Debtors list of Utility Providers; if a Utility Provider has been inadvertently omitted from such list, the Debtor shall have the right to supplement such list of Utility Providers and shall promptly provide notice of the order upon learning of such Utility Provider; a Utility Provider may request additional assurance of payment from any of the Debtor within thirty (30) days after the Petition Date (Additional Assurance Request) by submitting an Additional Assurance Request to (i) Winthrop Couchot Professional Corporation, 660 Newport Center Drive, Fourth Floor, Newport Beach, California 92660, Attn: P.J. Marksbury, and (ii) Crystal Cathedral Ministries, 13280 Chapman Avenue, Garden Grove, California 92840, Attn: Fred W. Southard. any Additional Assurance Request must (i) be made in writing and (ii) include a summary of the Debtors payment history relevant to the affected account(s); if a Utility Provider makes a timely Additional Assurance Request that the Debtor believes is reasonable, then the Debtor shall be authorized in its sole discretion to comply with such request without further order of the Court; if the Debtor believes the Additional Assurance Request is unreasonable, the Debtor will schedule a hearing to determine if additional assurance to such Utility Provider is necessary (Determination Hearing);
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pending resolution of that issue at any such Determination Hearing, any Utility Provider making an Additional Assurance Request shall be prohibited from altering, refusing or discontinuing service to the Debtor; and
a Utility Provider shall be deemed to have adequate assurance of payment unless and until a future order of this Court is entered requiring further adequate assurance of payment.
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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.
nanette@ringstadlaw.com Out of Court committee Nanette D. Sanders Ringstad & Sanders LLP F&M of Long Beach Michel Leight, Esq.
admin@leightlaw.net
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Viann Corbin
Type Name
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Service information continued on attached page
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 frank.cadigan@usdoj.gov United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov Marc J Winthrop mwinthrop@winthropcouchot.com, pj@winthropcouchot.com
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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:
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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:
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nanette@ringstadlaw.com Out of Court committee Nanette D. Sanders Ringstad & Sanders LLP F&M of Long Beach Michel Leight, Esq.
admin@leightlaw.net
City of Garden Grove Attn: Corporate Officer P.O. Box 3070 Garden Grove, CA 92842-3070
Edison Company Attn: Corporate Officer 1241 S. Grand Avenue Santa Ana, CA 92705
AT & T Mobility Attn: Corporate Officer P.O. Box 6463 Carol Stream, IL 60197-6463
Garden Grove Disposal Attn: Corporate Officer P.O. Box 78829 Phoenix, AZ 85062-8829
The Gas Company Attn: Corporate Officer P.O. Box C Monterey Park, CA 91756
AT & T Teleconference Attn: Corporate Officer P.O. Box 2840 Omaha, NE 68103-2840
Waste Management of OC Attn: Corporate Officer P.O. Box 78251 Phoenix, AZ 85062-8251
Cox Communication Attn: Corporate Officer P.O. Box 53280 Phoenix, AZ 85072-3280
City of Orange Attn: Corporate Officer P.O. Box 30146 Los Angeles, CA 90030-0146
Telepacific Communications Attn: Corporate Officer P.O. Box 526015 Sacramento, CA 95852-6015
Verizon Wireless Attn: Corporate Officer P.O. Box 9622 Mission Hills, CA 91346-9622
CR & R Incorporated Attn: Corporate Officer P.O. Box 206 Stanton, CA 90680
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