Wallace Bookstore Joint Administration Orders


UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISION

IN RE:  CHAPTER 11

 

WALLACE'S BOOKSTORES, INC.                                     Case No. 01-50545

WALLACE'S BOOK COMPANY, INC.                               Case No. 01-50546

WALLACE'S BOOK STORE (BATON ROUGE), INC.        Case No. 01-50547

WALLACE'S BOOK STORE (BEMIDJI), INC.                    Case No. 01-50548

WALLACE'S BOOK STORE (CCAC), INC.                         Case No. 01-50549

WALLACE'S BOOK STORE (CFCC), INC.                          Case No. 01-50550

WALLACE'S BOOK STORE (CARL SANDBURG), INC.    Case No. 01-50551

WALLACE'S BOOK STORE (CENTRAL VIRGINIA), INC.  Case No. 01-50552

WALLACE'S BOOK STORE (CERRITOS), INC.                  Case No. 01-50553

WALLACE'S BOOK STORE (CHADRON), INC.                 Case No. 01-50554

WALLACE'S BOOK STORE (CHARLESTON), INC.           Case No. 01-50555

WALLACE'S BOOK STORE (CLEVELAND), INC.             Case No. 01-50556

WALLACE'S BOOK STORE (CRANFORD), INC.               Case No. 01-50557

WALLACE'S BOOK STORE (DALLAS), INC.                     Case No. 01-50558

WALLACE'S BOOK STORE (DAVIDSON), INC.                Case No. 01-50559

WALLACE'S BOOK STORE (DELAWARE STATE),INC.   Case No. 01-50560

WALLACE'S BOOK STORE (DILLARD), INC.                   Case No. 01-50561

WALLACE'S BOOK STORE (EKU), INC.                            Case No. 01-50562

WALLACE'S BOOK STORE (EMBRY-RIDDLE), INC.       Case No. 01-50563

WALLACE'S BOOK STORE (FALL RIVER), INC.              Case No. 01-50564

WALLACE'S BOOK STORE (FAYETTEVILLE), INC.        Case No. 01-50565

WALLACE'S BOOK STORE (FERRUM),INC.                     Case No. 01-50566

WALLACE'S BOOK STORE (FLORIDA), INC.                   Case No. 01-50567

WALLACE'S BOOK STORE (GAINESVILLE), INC.           Case No. 01-50568

WALLACE'S BOOK STORE (GLENVILLE), INC.               Case No. 01-50569

WALLACE'S BOOK STORE (HARTNELL), INC.                Case No. 01-50570

WALLACE'S BOOK STORE (HEARTLAND), INC.             Case No. 01-50571

WALLACE'S BOOK STORE (JSCC), INC.                           Case No. 01-50572

WALLACE'S BOOK STORE (JACKSONVILLE), INC.        Case No. 01-50573

WALLACE'S BOOK STORE (LPTS), INC.                           Case No. 01-50574

WALLACE'S BOOK STORE (LAKEWOOD), INC.              Case No. 01-50575

WALLACE'S BOOK STORE (LAMAR), INC.                      Case No. 01-50576

WALLACE'S BOOK STORE (LEHIGH CARBON), INC.     Case No. 01-50577

WALLACE'S BOOK STORE (MARIAN), INC.                     Case No. 01-50578

WALLACE'S BOOK STORE (MASSASOIT),INC.                Case No. 01-50579

WALLACE'S BOOK STORE (NVC), INC.                            Case No. 01-50580

WALLACE'S BOOK STORE (NATCHITOCES), INC.          Case No. 01-50581

WALLACE'S BOOK STORE (NEW HAMPSHIRE), INC.     Case No. 01-50582

WALLACE'S BOOK STORE (NEW RIVER), INC.                Case No. 01-50583

WALLACE'S BOOK STORE (NICHOLLS), INC.                  Case No. 01-50584

WALLACE'S BOOK STORE (NORMAL), INC.                    Case No. 01-50585

WALLACE'S BOOK STORE (NORMAN), INC.                    Case No. 01-50586

WALLACE'S BOOK STORE (OAKLAND), INC.                  Case No. 01-50587

WALLACE'S BOOK STORE (ORLANDO), INC.                  Case No. 01-50588

WALLACE'S BOOK STORE (PACKBACKERS), INC.         Case No. 01-50589

WALLACE'S BOOK STORE (PURCHASE), INC.                 Case No. 01-50590

WALLACE'S BOOK STORE (RADFORD), INC.                   Case No. 01-50591

WALLACE'S BOOK STORE (ROGERS), INC.                      Case No. 01-50592

WALLACE'S BOOK STORE (SIU), INC.                               Case No. 01-50593

WALLACE'S BOOK STORE (SAUK VALLEY), INC.           Case No. 01-50594

WALLACE'S BOOK STORE (STONY BROOK), INC.           Case No. 01-50595

WALLACE'S BOOK STORE (ST. CLOUD), INC.                  Case No. 01-50596

WALLACE'S BOOK STORE (TTUHSC), INC.                       Case No. 01-50597

WALLACE'S BOOK STORE (TARRANT), INC.                    Case No. 01-50598

WALLACE'S BOOK STORE (TRANSYLVANIA),INC.         Case No. 01-50599

WALLACE'S BOOK STORE (UK), INC.                                Case No. 01-50600

WALLACE'S BOOK STORE (U OF L), INC.                          Case No. 01-50601

WALLACE'S BOOK STORE (USC), INC.                               Case No. 01-50602

WALLACE'S BOOK STORE (VMI), INC.                               Case No. 01-50603

WALLACE'S BOOK STORE (WV WESLEYAN), INC.           Case No. 01-50604

WALLACE'S BOOK STORE (WEYERS CAFE), INC.             Case No. 01-50605

WALLACE'S BOOK STORE (WYTHEVILLE), INC.              Case No. 01-50606

DEBTORS

                                                                      

 ORDER DIRECTING JOINT
ADMINISTRATION OF CHAPTER 11 CASES

This matter having come before the Court upon consideration of the Debtors' Motion Directing Joint Administration of Chapter 11 Cases (the Motion), filed by the debtors and debtors in possession (collectively, the Debtors); and after due deliberation and sufficient cause appearing therefore,

THE COURT FINDS AND CONCLUDES THAT:

A.   This Court has jurisdiction over these cases under 28 U.S.C. 1334(b).

B.   This is a core proceeding pursuant to 28 U.S.C. 157(b)(2).

C.   This court has reviewed the Motion.

D.   The relief requested in the Motion is necessary and in the best interests of the Debtors and their respective estates.

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

1.   The Motion is granted
            2.   These Chapter 11 cases are hereby consolidated for procedural purposes only and shall be jointly administered by this Court and by the Office of the United States Trustee in accordance with Fed.R.Bankr.P.1015(b).

3.   The caption for these jointly administered Chapter 11 cases shall be as follows:

____________________________________

UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISION

 IN RE:

WALLACE'S BOOKSTORES, INC., ET AL  

DEBTORS

CHAPTER 11
Case Nos. 01-50545 through 01-50606
(Jointly Administered)

____________________________________

and no party shall be required to list any further information in the style of the case beyond that

 set forth above in any document filed in these Chapter 11 cases.

a.   Except for filings required by FRBP 1007, all further pleadings and other papers shall be filed in, and all further docket entries shall be made in, Case No. 01-50545.

b.   Nothing contained in this Order shall be deemed or construed as directing or otherwise effecting a substantive consolidation of these Chapter 11 cases.

c.   This Order is effective immediately upon its entry and the Clerk of the Court is hereby directed to enter this Order on the docket in each Debtor's Chapter 11 case.

d.   This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order.

IT IS FURTHER ORDERED AS FOLLOWS:

It also appearing to the Court that there is a need for a duplicate file of the pleadings and separate scheduling of hearings in the above captioned matter and the Court having reviewed the record and being otherwise properly and sufficiently advised,

IT IS HEREBY ORDERED that, unless the Federal Rules of Bankruptcy Procedure require otherwise, all counsel in the above matter shall cause an original and two (2) copies of all filings to be tendered to the Clerk of this Court and the Clerk shall keep one copy of same at the intake counter for viewing by the public and one copy shall be sent to the judge's chambers.

IT IS FURTHER ORDERED that no hearings in this matter shall be noticed for the court's regular motion docket without the prior approval and at the instruction of the judge's chambers.

IT IS FURTHER ORDERED AND DIRECTED that counsel for parties filing motions, applications or other matters requiring hearing shall call the judge's chambers, in advance, for assignment of a hearing date and time.  

IT IS FURTHER ORDERED AND DIRECTED that every filing in these cases for which a fee is required shall include a paragraph identifying the name(s) and case number(s) of all debtors for whom the filing is relevant to enable the Clerk to collect the appropriate fees as required by 28 USC '1930.  The Clerk is directed to collect the appropriate fees in each case to which the filing pertains as stated in the text of the filing.  The Clerk is further directed to issue any receipts and to allocate the collected fees to each specific debtor case to which the filing pertains.

IT IS FURTHER ORDERED AND DIRECTED that counsel for Debtors shall cause a copy of this Order to be served on all counsel of record, the United States Trustee, Members of the Creditors' Committee (when appointed), and the 40 largest creditors of the above debtors, collectively.

IT IS FURTHER ORDERED AND DIRECTED that counsel for the Debtors shall file with the Court a certification designating upon whom this Order has been served, presently and in the future.

Dated this       day of March, 2001.

                       (signed by Judge William S. Howard)
JUDGE 

COPIES TO:

Barbara B. Edelman, Esq.
Frank T. Becker, Esq.
Greg Pavey, Esq.
Mary Fullington, Esq.
W. Thomas Bunch, Esq.
Gregory R. Schaaf, Esq.
Tracey Wise, Esq.
U.S. Trustee


The following supplemental joint administration order order was entered by Judge Howard on April 23, 2001:

IN THE UNITED STATES BANKRUPTCY COURT
FOR EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISION

In re 
Chapter 11 Proceedings
WALLACE'S BOOK STORE (TEXAS TECH), INC., Case No.    01-51059     (WSH)
WALLACE'S BOOK STORE (TULSA), INC.,  Case No.    01-51060     (WSH)
WALLACE'S BOOK STORE (SEATTLE), INC., Case No.    01-51061     (WSH)
WALLACE'S BOOK STORE (GLEN ELLYN), INC., Case No.    01-51062     (WSH)
WALLACE'S BOOK STORE (SHAWNEE), INC., Case No.    01-51063     (WSH)
WALLACE'S BOOK STORE (YALE CO-OP), INC., Case No.    01-51064     (WSH)
WALLACE'S BOOK STORE (PALM BEACH), INC., Case No.    01-51065     (WSH)
Debtors  

ORDER DIRECTING JOINT
ADMINISTRATION OF CHAPTER 11 CASES

    This matter having come before the Court upon consideration of the Debtors' Motion for Order Directing Joint Administration of Debtors' Chapter 11 Cases with Existing Jointly Administered Cases (the "Motion"), filed by the debtors and debtors in possession (collectively, the "Debtors"); and after due deliberation and sufficient cause appearing therefore,

THE COURT FINDS AND CONCLUDES THAT:

A.        This Court has jurisdiction over these cases under 28 U.S.C. ' 1334(b).

B.        This is a core proceeding pursuant to 28 U.S.C. ' 157(b)(2).

C.        This Court has reviewed the Motion.

D.        The relief requested in the Motion is necessary and in the best interests of the Debtors and their respective estates.

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

  1 .        The Motion is granted.

  2 .        These Chapter 11 cases are hereby consolidated for procedural purposes only and shall be jointly administered with the existing jointly administered cases under the caption In Re Wallace's Bookstores, Inc., Case Nos. 01-50545 through 01-50606 by this Court and by the Office of the United States Trustee in accordance with Fed. R. Bankr. P. 1015(b).

  3 .        The caption for these jointly administered Chapter 11 cases shall be as follows:

 

IN THE UNITED STATES BANKRUPTCY COURT
 FOR THE EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISION

In re
WALLACE'S BOOKSTORES, INC., et al. Chapter 11
Debtors.      Case Nos. 01-50545 through 01-50606
and
Case Nos. 01-51059 through 01-51065
(Jointly administered)

and no party shall be required to list any further information beyond that set forth above in any pleadings filed in these Chapter 11 cases.

  4 .        All original docket entries shall be made in the case of Wallace=s Bookstores, Inc., Case No. 01-50545 (WSH), and the Clerk of this court is directed forthwith to make separate docket entries with respect to each of these Chapter 11 cases substantially as follows:

An order has been entered directing the procedural consolidation and joint administration of Wallace's Book Store Texas Tech, Inc., 01-51059, Wallace's Book Store (Tulsa) Inc., 01-51060, Wallace's Book Store (Seattle), Inc., 01-51061, Wallace's Book Store (Glen Ellyn), Inc., 01-51062, Wallace's Book Store (Shawnee), Inc., 01-51063, Wallace's Book Store (Yale Co-Op), Inc., 01-51064, Wallace's Book Store (Palm Beach), Inc., 01-51065 with the currently jointly administered cases captioned In Re Wallace's Bookstores, Inc., Case Nos. 01-50545 through 01-50606, in accordance with Rule 1015(B) of the Federal Rules of Bankruptcy Procedure.  The Docket In Case No. 01-50545 should be consulted for all matters affecting the above-listed cases.

 

  5 .        Nothing contained in this Order shall be deemed or construed as directing or otherwise effecting a substantive consolidation of these Chapter 11 cases.

6 .        This Order is effective immediately upon its entry and the Clerk of the Court is hereby directed to enter this Order on the docket in each Debtor=s Chapter 11 cases.

  7 .        This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order.

April __, 2001  [Signed April 23, 2001 by Judge Joseph M. Scott for Judge Howard]

 

______________________________

________
Judge William S. Howard, United States Bankruptcy Court, Eastern District of Kentucky, Lexington Division

 

WALLACE=S BOOKSTORES, INC., et al.

By their attorneys,

 ________________[signed]
Barbara B. Edelman
Joseph H. Terry
Frank T.  Becker
Dinsmore & Shohl, LLP
250 West Main Street
Suite 2020
Lexington, Kentucky 40507
(859) 425-1000
     and
Kim Martin Lewis
Tim J. Robinson
Bradley K. Johnston
Dinsmore & Shohl, LLP
1900 Chemed Center
255 E. Fifth Street
Cincinnati, Ohio 45140
(513) 977-8200

Attorneys for Debtors and
Debtors-in-Possession

 

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