Tuesday, December 07, 2010 6:49:56 PM
DISTRICT OF ARIZONA
In re:
NUTRACEA, a California corporation,
Debtor.
Chapter 11
Case No. 2-09-bk-28817-CGC
NOTICE OF LODGING ORDER GRANTING MOTION TO APPROVE SALE OF MINORITY INTEREST IN NUTRA S.A. AND MAKE FINDINGS AND CONCLUSIONS THAT THE SALE SATISFIES ALL APPLICABLE PLAN REQUIREMENTS
NOTICE IS HEREBY GIVEN pursuant to Local Rule 9022-1 that on December 7, 2010, the attached Order Granting Motion to Approve Sale of Minority Interest in Nutra S.A. and Make Findings and Conclusions that the Sale Satisfies All Applicable Plan Requirements was lodged with this Court.
Dated this 7th day of December, 2010.
FORRESTER & WORTH, PLLC
/s/ SCF(006342)
S. Cary Forrester
Attorneys for Debtor
FORRESTER & WORTH, PLLC
3636 NORTH CENTRAL AVENUE, SUITE 700
PHOENIX, ARIZONA 85012-1927
TELEPHONE (602) 271-4250
FACSIMILE (602) 271-4300
S. CARY FORRESTER (006342)
E-MAIL SCF@FORRESTERANDWORTH.COM
ATTORNEYS FOR DEBTOR
UNITED STATES BANKRUPTCY COURT
DISTRICT OF ARIZONA
In re:
NUTRACEA, a California corporation,
Debtor.
Chapter 11
2:09-bk-28817-CGC
ORDER GRANTING MOTION TO APPROVE SALE OF MINORITY INTEREST IN NUTRA S.A. AND MAKE FINDINGS AND CONCLUSIONS THAT THE SALE SATISFIES ALL APPLICABLE PLAN REQUIREMENTS
This matter came before the court on December 7, 2010, at the hour of 1:30, p.m., on the Motion to: (1) Approve Sale of Minority Interest in Nutra S.A. (2) Find and Conclude that the Sale Satisfies all Applicable Plan Requirements or, Alternatively, (3) Make Conforming Non-Adverse Amendments to the Plan (the “Motion”), filed by Debtor and the Official Committee of Unsecured Creditors (the “Committee”). Debtor appeared through counsel, S. Cary Forrester, of Forrester & Worth, PLLC. The Committee appeared through counsel, Carolyn J. Johnsen of Jennings, Strouss & Salmon, P.L.C. The Court has considered the Motion, the statements of counsel, and the entire record before it and finds that the Motion was duly noticed to creditors and interested parties, the deadline for objections has passed, and no objections have been filed or served. Based upon the foregoing, and good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
(1) The court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(b) and 1334. The predicates for relief are 11 U.S.C. § 105 and Article XII of the First Amended Plan of Reorganization Proposed by Debtor and the Unsecured Creditors Committee dated August 10, 2010 [DE # 548] (the “Plan”);
(2) The Motion is granted;
(3) The sale of up to 49% of Debtor’s membership interest in Nutra SA, LLC, its wholly owned subsidiary, together with the other rights and preferences described in the Motion and the exhibits to the Motion, is hereby approved; and,
(4) The court finds and concludes that the sale complies with all applicable requirements of the Plan and is in the best interests of creditors and the estate.
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