In Re Colad Group, Inc.

324 B.R. 208 (2005)

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Nature of the Case

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Facts

P is a specialty printer. D filed chapter 11. The following day, P's counsel contacted the court to schedule an opportunity on an emergency basis to seek the court's approval of 'first-day orders.' P identifies the bankruptcy estate of Brosnahan as its largest unsecured creditor. Daniel Williams is the largest creditor in the chapter 7 bankruptcy case of Brosnahan. Brosnahan's trustee has named P as a defendant in various adversary proceedings. Williams participated in P's 'first-day' proceedings. P motioned to authorize payment of pre-petition employee compensation and benefits; payment of pre-petition sales and use taxes; specify adequate assurance of payment for post-petition utility services and to prohibit utilities from discontinuing, altering, or refusing service; implement a key employee retention and incentive program for non-insiders; the employment of a restructuring consultant, whose services would include those of a chief restructuring officer; the retention of bankruptcy counsel; maintain an existing cash management system and bank accounts, and to authorize the clearing of checks in transit; and obtain post-petition financing to be secured by a priming lien with administrative super-priority. The court had already rendered an oral decision with respect to all aspects of the above motions, with the exception of the post-petition financing.