Case 8:10-bk-16743-TA

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RON BENDER (SBN 143364) JACQUELINE L. RODRIGUEZ (SBN 198838) TODD M. ARNOLD (SBN 221868) JOHN-PATRICK M. FRITZ (SBN 245240) LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. 10250 Constellation Boulevard, Suite 1700 Los Angeles, California 90067 Telephone: (310) 229-1234; Facsimile: (310) 229-1244
Email: rb@lnbyb.com; jlr@lnbyb.com; tma@lnbyb.com; jpf@lnbyb.com

Attorneys for Chapter 11 Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA (SANTA ANA DIVISION) In re: WESTCLIFF MEDICAL LABORATORIES, INC., Debtor. ____________________________ BIOLABS, INC., Debtor. ____________________________
Affects Both Debtors Affects WESTCLIFF MEDICAL LABORATORIES, INC. only Affects BIOLABS, INC. only

Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA Chapter 11 Cases NOTICE OF MOTION AND MOTION TO EXTEND TIME TO ASSUME OR REJECT NONRESIDENTIAL REAL PROPERTY LEASES PURSUANT TO 11 U.S.C. 365(D)(4); MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATIONS OF MICHAEL AICHER AND MATTHEW PAKKALA IN SUPPORT THEREOF Court Scheduled Hearing: Date: TBD Time: TBD Place: Courtroom 5B 411 West Fourth Street Santa Ana, CA 92701-4593

20 21 22 23 24 25 26 27 28 and

PLEASE TAKE NOTICE that Westcliff Medical Laboratories, Inc. BioLabs, Inc., the Chapter 11 debtors and debtors in

possession herein (collectively, the Debtors), hereby file this motion (Motion) for entry of an order extending the time within which to assume or reject certain of the Debtors nonresidential

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real

property

leases

pursuant

to

11

U.S.C.

365(d)(4).

complete list of the nonresidential real property leases that are the subject of this Motion is attached as Exhibit 1 to the Declaration of Michael Aicher. PLEASE TAKE NOTICE that concurrently herewith, the Debtors have filed an application for an order setting a hearing on shortened notice. As soon as the Court enters an order on the

Application, the Debtors will provide notice of the date, time, and location of the hearing on the Motion, as well as the related opposition and reply deadlines. WHEREFORE, the Debtors respectfully request that this Court: 1. enter an order on or before September 16, 2010,

extending the deadline for the Debtors to assume or reject the nonresidential real property leases identified on Exhibit 1 by 90 days; and 2. grant such other and further relief as the Court deems

just and proper. Dated: September 10, 2010 WESTCLIFF MEDICAL LABORATORIES, INC. -and-

20 BIOLABS, INC. 21 22 23 24 25 26 27 28 /s/ Todd M. Arnold RON BENDER JACQUELINE L. RODRIGUEZ TODD M. ARNOLD JOHN-PATRICK M. FRITZ LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. Attorneys for Chapter 11 Debtors and Debtors in Possession

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MEMORANDUM OF POINTS AND AUTHORITIES I. RELEVANT BACKGROUND Westcliff Medical Laboratories, Inc. and BioLabs, Inc., the Chapter 11 debtors and debtors in possession herein

(collectively, the Debtors), commenced their bankruptcy cases by filing voluntary petitions under Chapter 11 of 11 U.S.C. 101 et seq. (the Bankruptcy Code) on May 19, 2010 (the Petition Date). The Debtors continued to operate their business until June 16, 2010 (the Closing Date), when the Debtors closed the sale of substantially all of their operating assets to LabWest, Inc. fka Wave Newco, Sale Inc. of (LabWest) Out of pursuant the to the Order of and

Authorizing Business,

Assets of

Ordinary

Course Claims,

Free

and

Clear

Liens,

Encumbrances,

Interests; Authorizing the Assumption and Assignment of Unexpired Leases and Executory Contracts; and Granting Other Relief

Pursuant to 11 U.S.C. Sections 105, 363, and 365 (the Sale Order). The Debtors were tenants under approximately 163 real

property leases as of the Petition Date. rejected Pursuant approximately to the the Sale Debtors 116 Order leases and as of

LabWest assumed or the Closing Asset 47 Date.

corresponding inter alia, could

Purchase unexpired for

Agreement, leases

identified, at its

that

LabWest,

option,

designate

assumption or rejection after the Closing Date.

On or before

September 16, 2010, LabWest expects that it will have designated

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35 of these 47 leases to either be rejected or to be assumed by the Debtors and assigned to LabWest. For the remaining 12 leases

(the leases that are the subject of this Motion, the Leases), however, LabWest has requested that the Debtors extend the time that LabWest may designate the Leases to either be rejected or assumed by the Debtors an assigned to LabWest. agreed to extend the time as requested. II. DISCUSSION The Court should authorize the Debtors to extend the The Debtors have

deadline to assume or reject the Leases by 90 days. 365(d)(4) of the Bankruptcy Code provides:

Section

(A) Subject to subparagraph (B), an unexpired lease of nonresidential real property under which the debtor is the lessee shall be deemed rejected, and the trustee shall immediately surrender that nonresidential real property to the lessor, if the trustee does not assume or reject the unexpired lease by the earlier of (i) the date that is 120 days after the date of the order for relief; or (ii) the date of the entry of an order confirming a plan. (B) (i) The court may extend the period determined under subparagraph (A), prior to the expiration of the 120-day period, for 90 days on the motion of the trustee or lessor for cause. (ii) If the court grants an extension under clause (i), the court may grant a subsequent extension only upon prior written consent of the lessor in each instance. 11 U.S.C. 365(d)(4) (emphasis added).

25 Because this is the Debtors first request for an extension, 26 Section 27 requirement to obtain a 90 day extension. 28 365(d)(4)(B)(i) controls, and cause is the only

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There are numerous factors that a court may consider in determining whether cause exists to extend the time to assume or reject executory contracts, including whether the leases are the primary assets of the debtor, whether the lessor continues to receive rental payments, and whether the case is exceptionally complex and involves a large number of leases. Willamette Water Front, Ltd. v. Victoria Station Inc. (In re Victoria Station Inc.), 88 B.R. 231 (9th Cir. B.A.P. 1988) (granting extension primarily because the lessor continued to receive rental payments and because of the complexity and number of leases); see also In re Muir Training Technologies, Inc., (citing In re Wedtech Corp., 72 B.R. 464 (Bankr. S.D.N.Y. 1987)). The test for cause under

Section 365(d)(4) leaves a great deal of discretion to the Court to weigh all relevant factors related to a requested extension. In re Ernst Home Cntr., Inc. and EDC, Inc., 209 B.R. 974, 981 (Bankr. W.D. Wa. 1997). Here, cause exists to extend the assumption or rejection deadline by 90 days for the following reasons: A. The Continued Receipt of Rental Payments.

The Lessors of all the Leases identified in Exhibit 1 have received and continue to receive full and timely payment of all lease obligations. Consequently, the Lessors are receiving what

they would under the original leases and have adequate assurance of timely future payment during the 90 day extension period. B. The The Sheer Number of Leases. sheer number of leases warrants an extension.

Originally, the Debtors were the lessees of approximately 163

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nonresidential

real

property

leases

with

numerous

different

landlords in numerous locations.

Consequently, the volume of

leases is large and has required an analysis of each separate lease on its own merits for a determination of assumption or rejection. C. Other Factors Warranting an Extension.

Unless the time period to assume or reject the Leases is extended, the Debtors may suffer prejudice. inability to extend the timeframe within Specifically, the which to assume or

reject the Leases may have an adverse impact on the amount of lease rejection claims. Under the APA, as amended, LabWest, the purchaser of

substantially all of the Debtors operating assets, has until the end of the Debtors initial lease assumption and rejection period (September 16, 2010) to designate Leases for rejection or for the Debtors to assume and assign to LabWest. LabWest has already

designated numerous of leases for rejection or assumption and assignment, but the Debtors are informed that LabWest has not been able to make a conclusive determination regarding the

remaining Leases because of the pending Federal Trade Commission (FTC) assets. The reason that LabWest needs additional time is due to the FTCs continuing investigation of LabWests purchase of the investigation of LabWests purchase of the Debtors

Debtors assets.

The Leases were originally intended by LabWest

to be rejected because they are redundant with other facilities owned by LabWests affiliate, LabCorp. Shortly following the

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Closing Date, however, LabWest entered into a hold separate agreement with the FTC whereby it agreed not to integrate its operations with those of LabCorp pending conclusion of the FTC investigation. In the event that the FTC determines that LabWest must divest sites, LabWest would need to assume some or all of the Leases prior to divestiture. The assumption of the Leases would benefit the estate by reducing lease rejection claims. As a result, the Debtors

believe that it is in the best interests of their bankruptcy estates to extend the deadline to assume or reject the Leases and that, as a result, cause exists to extend the deadline. III. CONCLUSION Based on the foregoing, the Debtors, therefore, respectfully request that the Court enter an order extending the deadline by 90 days for the Debtors to assume or reject the Leases. Dated: September 10, 2010 WESTCLIFF MEDICAL LABORATORIES, INC. -and-

19 BIOLABS, INC. 20 21 22 23 24 25 26 27 28 /s/ Todd M. Arnold RON BENDER JACQUELINE L. RODRIGUEZ TODD M. ARNOLD JOHN-PATRICK M. FRITZ LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. Attorneys for Chapter 11 Debtors and Debtors in Possession

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DECLARATION OF_MATTHEW PAKKALA I, MATTHEW PAKKALA, HEREBY DECLARE AS FOLLOWS: 1. I have personal knowledge of the facts set forth below

and, if called to testify, would and could competently testify thereto. 2. (FTI), I am a Managing Director its main of FTI Consulting, at 500 E. Inc. Pratt

which

maintains

offices

Street, Suite 1400, Baltimore, MD 21202. located at 633 West 5th Street, 16th

My business office is Floor, Los Angeles,

California, 90071. 3. I hold a B.A. from the University of California, San

Diego, a J.D. from Loyola Law School, and an M.B.A. from the Anderson School of Business at UCLA. I have more than 13 years

of restructuring and related advisory and management experience. My work focuses on on advising distressed and and underperforming strategies for

companies maximizing

restructuring and

alternatives value, and my

performance

expertise

includes

providing financial and operational restructuring, asset sales and expert witness services in the healthcare, retail,

manufacturing and airline industries.

Prior to joining FTI, I

worked in the restructuring groups of PricewaterhouseCoopers and Price Waterhouse in Los Angeles. 4. Effective on or about April 1, 2010, I became the Restructuring Officer (CRO) for Westcliff Medical

Laboratories, Inc. and its parent corporation, BioLabs, Inc., Chapter 11 Debtors and Debtors in Possession (collectively, the Debtors).

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5.

The Debtors commenced their bankruptcy cases by filing

voluntary petitions under Chapter 11 of 11 U.S.C. 101 et seq. on May 19, 2010 (the Petition Date). 6. The Debtors continued to operate their business until

June 16, 2010 (the Closing Date), when the Debtors closed the sale of substantially all of their operating assets to LabWest, Inc. fka Wave Newco, Inc. (LabWest) pursuant to the Order Authorizing Sale of Assets Out of the Ordinary Course of

Business, Free and Clear of Liens, Encumbrances, Claims, and Interests; Unexpired Authorizing Leases and the Assumption Contracts; and and Assignment Granting of

Executory

Other

Relief Pursuant to 11 U.S.C. Sections 105, 363, and 365 (the Sale Order). 7. The Debtors were tenants under approximately 163 real LabWest assumed or the Closing Asset 47 Date.

property leases as of the Petition Date. rejected Pursuant approximately to the the Sale Debtors 116 Order leases and as of

corresponding inter

Purchase unexpired for

Agreement, leases

identified, at its

alia, could

that

LabWest,

option,

designate

assumption or rejection after the Closing Date. I am informed that, on or before September 16, 2010, LabWest expects that it will have designated 35 of these 47 leases to either be rejected or to be assumed by the Debtors and assigned to LabWest. For

the remaining 12 leases (the leases that are the subject of this Motion, the Leases), however, LabWest has requested that the Debtors extend the time that LabWest may designate the Leases to

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either be rejected or assumed by the Debtors and assigned to LabWest. 8. This is the Debtors first request for an extension of

the time within which to assume or reject unexpired leases. 9. I am informed and believe that the lessors of all the

Leases identified in Exhibit 1 to the Declaration of Michael Aicher have received and continue to receive full and timely payment of all lease obligations. Consequently, I believe that

the Lessors are receiving what they would under the original leases and have adequate assurance of timely future payment

during the 90 day extension period. 10. In my opinion, the assumption of some or all of the

Leases would benefit the estates by reducing lease rejection claims. As a result, I believe that it is in the best interests

of the Debtors bankruptcy estates to extend the deadline to assume or reject the Leases and that, as a result, cause exists to extend the deadline. I declare and verify under penalty of perjury that the foregoing is true and correct to the best of my knowledge,

information and belief. Executed on this 10th day of September, 2010, at Los

Angeles, California.

10

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DECLARATION OF_MICHAEL AICHER I, Michael Aicher, hereby declare as follows: 1. I am Senior Vice President of Laboratory Corporation

of America and make this declaration in support of the Debtors motion (the Motion) for entry of an order extending the

Debtors time within which to assume or reject a limited number of nonresidential real property leases pursuant to 11 U.S.C. 365(d)(4). Unless otherwise stated, the facts set forth in this declaration belief. are true and correct based on my knowledge and

I am over 18 years old and, if sworn as a witness,

could and would testify competently thereto. 2. As Senior Vice President, I have been tasked with

overseeing on behalf of LabCorp the purchase of the Debtors assets and have done so throughout the sale and post-sale

process. I am further responsible for overseeing and review all of the Debtors unexpired leases of nonresidential real property for potential assumption or rejection. 3. On or before September 16, 2010, I believe that

LabWest expects it will have designated 35 leases to either be rejected LabWest. that are or to be assumed by the Debtors and assigned to

For the remaining 12 leases (the Leases, the leases the subject of this Motion), however, LabWest has

requested that the Debtors extend the time that LabWest may designate the Leases to either be rejected or assumed by the Debtors an assigned to LabWest.

11

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4.

A complete list of the nonresidential real property

leases that are the subject of the Motion is attached as Exhibit 1. 5. Debtors real I am informed that, prior to the Closing Date, the were the lessees of approximately numerous 163 nonresidential landlords in

property

leases

with

different

numerous locations.

Consequently, the volume of leases is large

and has required an analysis of each separate lease on its own merits for a determination of assumption or rejection. 6. the The reason that LabWest needs additional time is due Federal Trade Commissions (FTC) continuing The

investigation of LabWests purchase of the Debtors assets. Leases because were they originally are intended with by LabWest to be

rejected owned by

redundant LabCorp.

other

facilities following

LabWests

affiliate,

Shortly

the

Closing

Date, however, LabWest entered into a hold separate agreement with the FTC whereby it agreed not to integrate its operations with those of LabCorp In the pending event that conclusion the FTC of the FTC that

investigation.

determines

LabWest must divest sites, LabWest would need to assume some or all of the Leases prior to divestiture. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this Declaration was executed on September __, 2010 at ________________, California. ______________________ Michael Aicher, Declarant

12

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1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

EXHIBIT 1 Nonresidential Real Property Addresses 210 S. Grand Ave. #220, Glendora 91741 24022 Calle de la Plata, #485, Laguna Hills 92653 1672 West Ave. "J", Lancaster 93534 10861 Cherry St, #307, Los Alamitos 90720 360 Dardanelli Ln., Ste. 1E, Los Gatos 95032 320 Superior #320, Newport Beach 92663 1902 Royalty Dr., Ste. 140, Pomona 91767 35280 Bob Hope Drive#103, Rancho Mirage 9268 355 Terrcina, Ste. B, Redlands 92373 2512 Samaritan Ct Ste. R, San Jose 95128 2581 Samaritan Drive, Suite 200, San Jose 95121 1125 E. Spruce Ave., Ste 201, Fresno 93720

13

Case 8:10-bk-16743-TA
In re:

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CHAPTER 11 Debtor(s).

Desc

WESTCLIFF MEDICAL LABORATORIES, INC.

CASE NUMBER Lead Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA

PROOF OF SERVICE OF DOCUMENT

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 10250 Constellation Boulevard, Suite 1700, Los Angeles, California 90067. A true and correct copy of the foregoing document described as NOTICE OF MOTION AND MOTION TO EXTEND TIME TO ASSUME OR REJECT NONRESIDENTIAL REAL PROPERTY LEASES PURSUANT TO 11 U.S.C. 365(D)(4); MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATIONS OF MICHAEL AICHER AND MATTHEW PAKKALA IN SUPPORT THEREOF will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner indicated below: I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) (LBR), the foregoing document will be served by the court via NEF and hyperlink to the document. On September 10, 2010, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email address(es) indicated below: Todd M Arnold tma@lnbrb.com Richard L Barnett rick@barnettrubin.com, rlbsec@barnettrubin.com Ron Bender rb@lnbrb.com Jennifer Witherell Crastz jcrastz@hemar-rousso.com Carol J Fogleman mfrost@bwslaw.com John-patrick M Fritz jpf@lnbrb.com Jeffrey K Garfinkle bkgroup@buchalter.com, jgarfinkle@buchalter.com Nancy S Goldenberg nancy.goldenberg@usdoj.gov D Edward Hays ehays@marshackhays.com Michael J Heyman michael.heyman@klgates.com Mark D Houle mark.houle@pillsburylaw.com Andy Kong Kong.Andy@ArentFox.com Rodger M Landau rlandau@lgbfirm.com, kmoss@lgbfirm.com Matthew A Lesnick matt@lesnicklaw.com Michael B Lubic michael.lubic@klgates.com Aram Ordubegian ordubegian.aram@arentfox.com Justin E Rawlins jrawlins@winston.com, docketla@winston.com Jacqueline L Rodriguez jlr@lnbrb.com Benjamin Seigel bseigel@buchalter.com, IFS_filing@buchalter.com David B Shemano dshemano@pwkllp.com United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov Howard J Weg hweg@pwkllp.com Sharon Z Weiss sharon.weiss@hro.com Joseph M Welch jwelch@buchalter.com Service information continued on attached page

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009

F 9013-3.1

Case 8:10-bk-16743-TA
In re:

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CHAPTER 11 Debtor(s).

Desc

WESTCLIFF MEDICAL LABORATORIES, INC.

CASE NUMBER Lead Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA

II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On September 10, 2010, I served the following person(s) and/or entity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.
In re Westcliff Medical Laboratories In re BioLabs, Inc. RSN/Landlords File No. 4367

Debtors Westcliff Medical Laboratories, Inc. BioLabs, Inc. 1821 E. Dyer Road, #100 Santa Ana, CA 92705 Counsel for Health Net, Inc.-RSN Pillsbury Winthrop Shaw Pittman LLP Attn: Mark D. Houle, Esq. NEF * 650 Town Center Drive, Suite 700 Costa Mesa, CA 92626-7122 RSN Rita A. Woodard Treasurer-Tax Collector 221 S. Mooney Blvd., Room 104-E Visalia, CA 93291-4593
RVS 110, LLC 210 S. GRAND AVE. STE 220 Glendora, CA 91741

Committee-RSN Benjamin Seigel/Jeffrey Garfinkle NEF * Buchalter Nemer 1000 Wilshire Boulevard, Suite 1500 Los Angeles, California 90017-2457 RSN Los Angeles County Treasurer and Tax Collector P.O. Box 54110 Los Angeles, CA 90054-0110 RSN Robert Brill, Of Counsel Grant Callison, VP Cambridge Healthcare Properties, Inc. 1717 Main Street, 59th Floor Dallas, TX 75201
LGSM LAGUNA HILLS, LLC, BBS LAGUNA HILLS, LLC, KITE HILL TOO, LLC, SILVER STREET, LLC AND GREENLAW LAGUNA HILLS, LLC P.O. BOX 60247 Los Angeles, CA 90060-0247

Frank Cadigan Nancy Goldenberg Terry Biers Office of the U.S. Trustee 411 West Fourth St. Suite 9041 Santa Ana, CA 92701 Steven A. Oldham, Sr. Staff Atty State of CA, Dept. of Health Care Services Office of Legal Services-MS 0010 P.O. Box 997413 Sacramento, CA 95899-7413 RSN Counsel to Creditor Google Scott E. Blakeley/Johnny White Blakeley & Blakeley 2 Park Plaza, Suite 400 Irvine, CA 92614
CAMARILLO PROFESSIONAL PARTNERS, Ltd. 1672 West Ave J. Suite 207 Lancaster, CA 93534

GRETCHEN A. HETZLER, MD., INC 10861 CHERRY STREET SUITE 300 Los Alamitos, CA 90720

COMMUNITY HOSPITAL OF LOS GATOS, INC. P.O. BOX 845610 Dallas, TX 75284-5610

STEPHEN ANGEL, M.D. 320 SUPERIOR, SUITE 320 Newport Beach, CA 92663

Royal Development Plaza, LLC P. O. BOX 6126 Laguna Niguel, CA 92607

Eisenhower Properties, Inc. 39000 Bob Hope Drive Rancho Mirage, CA 92270

TERRACINA PROPERTIES, LLC C/O RICHARD J.WILSON 1730 CANYON ROAD Redlands, CA 92373

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009

F 9013-3.1

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In re:

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CHAPTER 11 Debtor(s).

Desc

WESTCLIFF MEDICAL LABORATORIES, INC.

CASE NUMBER Lead Case No. 8:10-bk-16743-TA Jointly Administered with Case No. 8:10-bk-16746-TA

SAMARITAN PROPERTIES, LLC 2581 SAMARITAN DRIVE # 300 San Jose, CA 95124

Shahram S. Gholami, MD, David M. Nudell, M.D. & Robert P. Panvini, M.D., aka Urology Associate of Silicon Valley 2581 SAMARITAN DRIVE, STE#200 San Jose, CA 95121

BSV MEDICAL OFFICE BUILDING II, LLC c/o G.L BRUNO ASSOC. INC 855 "M" STREET STE 1010 Fresno, CA 93721

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 September 10, 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. Via Personal Attorney Service The Hon. Theodor C. Albert United States Bankruptcy Court 411 West Fourth Street Santa Ana, CA 92701 Service information continued on attached page I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. September 10, 2010 Date Lourdes Cruz Type Name /s/ Lourdes Cruz Signature

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009

F 9013-3.1