11-22820-rdd

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X In re: THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtor. --------------------------------------------------------------X
ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY UPON the Motion, dated June 29, 2012 (the Motion) of Vincenzo Grillo (Grillo or Movant), for an Order pursuant to Section 362 of the Bankruptcy Code, seeking relief under 11 U.S.C. 362(d) from the automatic stay imposed in the above-captioned Chapter 11 case under 11 U.S.C. 362(a) as to Movants interest in a personal injury claim as set forth in Movants Application (the Personal Injury Claim) to allow Movants enforcement of its rights in, and remedies in and to, the Personal Injury Claim against the Debtor and its property to the limit of, and solely against, Debtors applicable insurance coverage, if any; and due and proper notice of the Motion having been made on all necessary parties; and the Court having held a hearing on the Motion on August 15, 2012; and there being no opposition to the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED, that the Motion is granted as provided herein; and it is further ORDERED, that the automatic stay imposed in the case by Section 362(a) of the Bankruptcy Code is vacated under Section 362(d)(1) of the Bankruptcy Code as to the Movants interest in the Personal Injury Claim to allow Movants enforcement of its rights in, and remedies in and to, the Personal Injury Claim solely to the extent provided in the next paragraph; and it is further ORDERED, that Movants recovery, if any, in respect of the Personal Injury Claim against the Debtor, its property or any person or entity indemnified by the Debtor

Chapter 11 Case No. 11-22820(RDD)

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in respect of such claim shall be limited to the amount to be recovered from Debtors applicable insurance coverage, Movants claim is subject to the applicable deductible under Debtors applicable insurance coverage, and Movant shall have no further claim against the Debtor in this Chapter 11 case; and it is further ORDERED, that Movants claim in this case, in the amount of $1,000,000 (Claim No. 55), is deemed withdrawn by the Movant except as it may be enforced solely against any applicable insurance of the Debtor; and it is further ORDERED, that the provisions of this Order and any actions taken pursuant

thereto, shall survive the appointment of a Chapter 11 trustee or examiner, or the conversion of the Debtors Chapter 11 case to one under Chapter 7 of the Bankruptcy Code; and it is further
ORDERED, that this Court shall retain jurisdiction with respect to all matters arising from or relating to the implementation of this Order. Dated: White Plains, New York August 16, 2012 /s/ Robert D. Drain HON. ROBERT D. DRAIN, UNITED STATES BANKRUPTCYJUDGE