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Welcome to the Our Lady of Mercy Medical Center Chapter 11 Case Information Website
On March 8, 2007 (the “Petition Date”), Our Lady of Mercy Medical Center and O.L.M. Parking Corporation filed voluntary petitions for reorganization under Chapter 11 of the Bankruptcy Code with the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court"). The cases have been assigned to the Honorable Robert E. Gerber and are being jointly administered under Case No. 07-10609.
THE GENERAL BAR DATE
Pursuant to an Order dated May 18, 2007 (the "Bar Date Order"), the Bankruptcy Court set July 25, 2007 at 5:00 p.m. Eastern Time (the "General Bar Date") as the last date for filing claims against either Our Lady of Mercy Medical Center or O.L.M. Parking Corporation. Signed, original, completed proofs of claim, together with any accompanying or supporting documentation, were to have been delivered to the United States Bankruptcy Court so as to have been received no later than 5:00 p.m. Eastern Time on July 25, 2007.
The Bar Date Order also advised that if you had a claim relating to the rejection of an executory contract or unexpired lease by either of the Debtors pursuant to an order entered prior to the confirmation of the plan or reorganization, you were required to file proof of claim on or before the later of (i) the General Bar Date; or (ii) thirty (30) days after the date of the order authorizing the applicable Debtor's rejection of the applicable contract or lease, unless the order authorizing such rejection provides otherwise.
FILING OF PROOFS OF CLAIMS BY HOUSESTAFF OFFICERS
If you are a present or past employed intern, resident, chief resident and/or fellow (“Housestaff Officers”) who has a claim for indemnification, subrogation, contribution or reimbursement arising from liabilities, loss, damage, costs and expenses of whatever kind, including attorneys fees, arising from a professional liability claim or lawsuit, which may be incurred by reason of negligent acts committed or performed within the scope of your employment, studies, administrative or committee functions or responsibilities, the last date by which you must file a proof of claim has been extended to the earlier to occur of (a) an Order confirming and the going effective of a proposed Plan of Liquidation, provided that any injunction contemplated in a proposed Plan of Liquidation is not modified to adversely impact the Housestaff Officers, (b) thirty (30) days after the entry of an order confirming a plan that modifies any injunction in a manner adverse to the Housestaff Officers, and (c) January 30, 2009 at 5:00 p.m., without prejudice to a Housestaff Officer or a representative of same to file a motion, on or before January 29, 2009, seeking to further extend the Bar Date for one or more Housestaff Officers.
THE CHAPTER 11 ADMINISTRATIVE BAR DATE
On September 29, 2008, the Bankruptcy Court entered an order which, with limited exceptions, requires that all holders of claims, including malpractice and personal injury claims against the Debtors arising or accruing on or after the Petition Date and through July 22, 2008, which are entitled to be asserted as a priority under sections 503(b)(1)-(8) and 507(a)(1) of the Bankruptcy Code as expenses of administration (“Administrative Expense Claims”), must file a separate, completed and executed proof of such Administrative Expense Claim so as to be actually received on or before November 10, 2008, at 5:00 p.m. (the “Administrative Bar Date”).
Each proof of Administrative Expense Claim (“Administrative Claim”) must be filed on or before the Administrative Bar Date by delivering the original of same, if by regular mail, to The Garden City Group, Inc., Attn.: Our Lady of Mercy Medical Center, P.O. Box 9000-6485, Merrick, New York 11566-9000 (“Garden City”), and if by hand or overnight mail, to The Garden City Group, Inc., 105 Maxess Road, Melville, New York 11747, with copies served on (i) Togut, Segal & Segal LLP, attorneys for the Debtors, One Penn Plaza, Suite 3335, New York, New York 10119, Attn.: Frank A. Oswald, Esq.; and (ii) Alston and Bird, attorneys for the Creditors Committee, 90 Park Avenue, New York, New York 10016, Attn.: Craig E. Freeman, Esq. Such Administrative Claim will be deemed filed only when actually received by Garden City.
THE CHAPTER 11 PLAN OF LIQUIDATION AND DISCLOSURE STATEMENT
On September 5, 2008, Our Lady of Mercy Medical Center filed a Chapter 11 Plan of Liquidation and a Disclosure Statement with the Bankruptcy Court. On October 8, 2008, a First Amended Chapter 11 Plan of Liquidation and a First Amended Disclosure Statement were filed with the Bankruptcy Court. A hearing to consider the adequacy of the Disclosure Statement was held at the Bankruptcy Court, One Bowling Green, New York, New York 10004 on October 23, 2008, at 9:45 a.m., prevailing Eastern Time (the "Disclosure Statement Hearing"). On October 28, 2008, a Second Amended Plan of Liquidation and a Second Amended Disclosure Statement were filed with the Bankruptcy Court.
On October 31, 2008, the Bankruptcy Court entered an Order approving the Second Amended Disclosure Statement, scheduling a hearing to consider confirmation of the Second Amended Plan of Liquidation for December 10, 2008, at 9:45 a.m. (prevailing Eastern Time), at the Bankruptcy Court, One Bowling Green, New York, New York 10004, fixing December 3, 2008, at 5:00 p.m. (prevailing Eastern Time) as the last date for filing and serving objections to confirmation of the Second Amended Plan of Liquidation, fixing November 24, 2008, at 5:00 p.m. as the deadline for any holder of an objected to, contingent, unliquidated, or disputed claim seeking to have such claim allowed for voting purposes to file a motion for temporary allowance of such holder’s claim for voting purposes, establishing October 31, 2008, at 5:00 p.m. (prevailing Eastern Time) as the voting record date, and fixing December 3, 2008, at 5:00 p.m. (prevailing Eastern Time) as the voting deadline for receipt of ballots.
On December 18, 2008, the Bankruptcy Court entered an Order confirming the Second Amended Plan of Liquidation.
To inspect all documents filed with the Bankruptcy Court, you may access the Bankruptcy Court's Electronic Case Filing System which can be found at www.nysb.uscourts.gov. Please contact the administrator of the PACER courts records system at www.pacer.psc.uscourts.gov to get an Internet password to gain access to the documents.
Please note that neither the Clerk of the Bankruptcy Court nor The Garden City Group, Inc., the Claims and Noticing Agent, is permitted to give legal advice.
PLEASE TAKE NOTICE that this website has been established and is being maintained by the Debtors and The Garden City Group, Inc., as authorized by the Bankruptcy Court. This website, however, is not the website of the Bankruptcy Court. While every attempt is being made to ensure the accuracy of the information contained on this website, this website does not contain the Bankruptcy Court’s official records.
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