UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW ...

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

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In re: : Chapter 11
Case No. 09-77781 (DTE)
: (Jointly Administered)
SONIX MEDICAL RESOURCES, INC., et al.,1 :

:

Debtors. :

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ORDER APPROVING MOTION PURSUANT TO SECTIONS 105 (a), 362, 363 AND
525(a) OF THE BANKRUPTCY CODE COMPELLING THE STATE OF NEW JERSEY
DEPARTMENT OF HEALTH AND SENIOR SERVICES TO PROCESS REQUEST
OF NEW JERSEY IMAGING PARTNERS INC., AS PURCHASER OF CERTAIN OF
THE DEBTORS’ ASSETS, TO AMEND AMBULATORY CARE FACILITY LICENSE
WITH RESPECT TO PURCHASED FACILITIES WITHOUT THE PAYMENT OF
DEBTORS’ PRE-PETITION AMBULATORY CARE ASSESSMENTS AND GRANTING
RELATED RELIEF

Upon the Motion of the Sonix Medical Resources Inc. and its affiliated debtors in

possession in these chapter 11 cases (collectively, the “Debtors”), for an order pursuant to

sections 105 (a), 362, 363 and 525(a) of the Bankruptcy Code compelling the State of New

Jersey Department of Health and Senior Services (the “NJDHSS”) to process the request of New

Jersey Imaging Partners Inc. , as purchaser of certain of the Debtors’ assets, to amend

ambulatory care facility license with respect to purchased facilities without the payment of

Debtors’ pre-petition ambulatory care assessments and granting related relief dated August 2,

2010 (the “Motion”), and upon the joinder of Toms River Imaging Associates L.P. in support of

the relief sought by the Debtors in the Motion; and the Court finding that (a) due and appropriate

notice of the Motion was provided to all creditors and parties in interest including the NJDHSS

and the New Jersey Attorney General; (b) all parties in interest have been heard, or have had the

opportunity to be heard regarding the Motion; and (c) the relief requested in the Motion is in the

1 The Debtors include Sonix Medical Resources, Inc., MRI Resources, Inc., Toms River Resources, Inc.,
Stony Acquisitions, Inc., Sonix Management Resources, Inc., Chatmondhad Resources, Inc., QKSI
Resources, Inc., Brooklyn 49th Street Resources, Inc., Englewood Resources, Inc., Chatham Medical
Resources, Inc., and Brick Resources, Inc.

{00496689.DOC;3 }

best interest of the Debtors, their estates and their creditors; and a hearing having been held with
respect to the Motion on August 31, 2010; and there having been no objection filed to the relief
asserted in the Motion; and upon the record in these cases; it is hereby

ORDERED that the Motion is hereby granted; and it is further

ORDERED, that the Ambulatory Care Facility Assessments for the Haddon Heights
Facility and Chatham Facility (as defined below) for the State Fiscal Year 2010 are attributable
to gross income generated by the Debtors for calendar years prior to October 15, 2009 and thus
constitute pre-petition obligations, the collection of which is stayed by 11 U.S.C. § 362(a)(6) and
11 U.S.C. § 525(a); and it is further

ORDERED , that the State of New Jersey, acting by and through the NJDHSS is hereby
directed, pursuant to sections 105 (a), 362, 363 and 525(a) of the Bankruptcy Code, to amend
and reissue to New Jersey Imaging Partners Inc. the Ambulatory Care Facility License for
facility number 22622 (the “Chatmonhad License”) for the facility operated by Chatmonhad
Resources, Inc. under the facility name “Heights Imaging Center” which is located at 17
Whitehorse Pike, Haddon Heights, New Jersey (the “Haddon Heights Facility”) by deleting the
name of Chatmonhad Resources, Inc as the operator of the Haddon Heights Facility and
substituting the name of New Jersey Imaging Partners Inc. as the operator of the Haddon Heights
Facility effective as of April 29, 2010, the date the order [Doc. No. 385] approving the sale to
New Jersey Imaging Partners Inc. was approved by the Court, without requiring the payment by
any person of the ambulatory care assessment fees and/or penalties attributable to any period
before October 15, 2009, including but not limited to those amounts set forth in the June 22,
2010 letter from NJDHSS to New Jersey Imaging Partners, Inc., attached as Exhibit “E” to the
Motion; and it is further

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ORDERED , that the State of New Jersey, acting by and through the NJDHSS is hereby
directed, pursuant to sections 105 (a), 362, 363 and 525(a) of the Bankruptcy Code, to amend
and reissue to New Jersey Imaging Partners Inc. the Ambulatory Care Facility License for
facility number 22304 (the “Chatham License”) for the facility operated by Chatham Medical
Resources, Inc. under the facility name “Tri-County MRI & Diagnostic Imaging Center” which
is located at 97 Main Street, Chatham, New Jersey (the “Chatham Facility”) by deleting the
name of Chatham Medical Resources, Inc. as the operator of the Chatham Facility and
substituting the name of New Jersey Imaging Partners Inc. as the operator of the Chatham
Facility, effective as of April 29, 2010, the date the order [Doc. No. 385] approving the sale to
New Jersey Imaging Partners Inc. was approved by the Court, without requiring the payment by
any person of the ambulatory care assessment fees and/or penalties attributable to any period
before October 15, 2009 , including but not limited to those amounts set forth in the June 22,
2010 letter from NJDHSS to New Jersey Imaging Partners, Inc., attached as Exhibit “E” to the
Motion; and it is further

ORDERED, that the NJDHSS shall file any claims it wishes to assert against any of the
Debtors’ estates by filing such claims with the Bankruptcy Court within thirty (30) days of the
entry of this order, provided, that the Estates’ right to object to such claims on any grounds
including but not limited to an assertion that such claims are untimely under the existing bar date
orders previously entered by the Court in this case, is preserved; and it is further

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ORDERED, that this Court shall retain exclusive jurisdiction to enforce compliance with
the terms of this order and the relief granted hereunder.

Dated: Central Islip, New York
September 13, 2010

s/Dorothy Eisenberg___________________________
HONORABLE DOROTHY T. EISENBERG
UNITED STATES BANKRUPTCY JUDGE

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