IN RE INNKEEPERS USA TRUST

No. 10-13800.

442 B.R. 227 (2010)

In re INNKEEPERS USA TRUST, et al., Debtors.

United States Bankruptcy Court, S.D. New York.

December 20, 2010.


Attorney(s) appearing for the Case

Kirkland & Ellis LLP, By: Paul M. Basta, Esq. , New York, NY, By: Anup Sathy, P.C., Esq., Marc J. Carmel, Esq. , Chicago, IL, By: Daniel T. Donovan, Esq. , Washington, DC, for the Debtors and Debtors-in-Possession.

Bryan Cave LLP, By; Lawrence P. Gottesman, Esq. , New York, NY, for LNR Partners, LLC.

Dechert LLP, By: Michael J. Sage, Esq. , Kevin J. O'Brien, Esq. , Brian E. Greer, Esq. , New York, NY, for Lehman ALI Inc., and Michael Lascher.

Dewey & LeBoeuf LLP, By: Martin Bienenstock, Esq. , Irena M. Goldstein, Esq. , Timothy Q. Karcher, Esq. , New York, NY, for the Ad Hoc Committee of Preferred Shareholders.

Haynes and Boone LLP, By: Lenard M. Parkins, Esq. , New York, NY, By: John D. Penn, Esq. , Forth Worth, TX, By: Philip M. Bridwell, Esq. , Mark Elmore, Esq. , Dallas, TX, for Midland Loan Services, Inc.

Kasowitz, Benson, Torres & Friedman LLP, By: David M. Friedman, Esq. , Adam L. Shiff, Esq. , Daniel A. Fliman, Esq. , New York, NY, for Five Mile Capital Partners LLC.

Kilpatrick Stockton LLP, By: Todd C. Meyers, Esq. , Atlanta GA, for TriMont Real Estate Advisors, Inc.

Morrison & Foerster LLP, By: Lorenzo Marinuzzi, Esq. , New York, NY, for the Official Committee of Unsecured Creditors.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, By: Alan W. Kornberg, Esq. , Andrew J. Ehrlich, Esq. , New York, NY, for Apollo Investment Corporation.

Perkins Coie LLP, By: David M. Neff, Esq. , Chicago, IL, for C-III Asset Management and CWCapital Asset Management.

Sidley Austin LLP, By: Lee S. Attanasio, Esq. , John G. Hutchinson, Esq. , New York, NY, for Appaloosa Investment L.P.I.

U.S. Department of Justice, By: Paul K. Schwartzberg, Esq. , New York, NY, Office of the United States Trustee.


BENCH DECISION DENYING DEBTORS' MOTION TO ASSUME PLAN SUPPORT AGREEMENT1

SHELLEY C. CHAPMAN, Bankruptcy Judge.

Before the Court is the motion (the "Motion") of Innkeepers USA Trust and its affiliated debtors and debtors in possession (the "Debtors") for an order authorizing the Debtors to assume a plan support agreement, dated July 17, 2010 (the "PSA"), entered into with Lehman ALI Inc. ("Lehman"). Objections to...

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