03/17/2008 383 Motion to Shorten Time of Notice Period for Hearing, filed by U.S. Trustee (RE: related document(s)382 Motion to Convert Case from 11 to 7 filed by U.S. Trustee U.S. Trustee). Hearing scheduled for 3/18/2008 at 02:00 PM at Lexington Courtroom, 3rd Floor. (Attachments: # 1 Proposed Order) (Daugherty, John) (Entered: 03/17/2008)
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Doc 383
In re:
Case No. 07-50935
Chapter 11
Pro Mold, Inc.
Debtor.
UNITED STATES TRUSTEE’S MOTION TO SHORTEN NOTICE PERIOD FOR EMERGENCY MOTION TO CONVERT CASE
Richard F. Clippard, United States Trustee, by counsel, moves for entry of an order shortening the notice period for the United States Trustee’s Emergency Motion to Convert Case,
pursuant to Fed. R. Bankr. P. 9006(c), and in support states as follows:
NOTICE OF HEARING
Please take Notice that this Motion will be heard by the Court on Tuesday, March 18, 2008 at 2:00 p.m. in the U.S. Bankruptcy Courtroom, 3rd Floor, 100 East Vine Street, Lexington, Kentucky 40507.
1. On March 17, 2008, the chapter 11 trustee unexpectedly tendered his resignation to the United States Trustee effective March 20, 2008.
2. As set forth in the United States Trustee’s Emergency Motion to Convert, the Debtor no longer has a business to operate, and the chapter 11 trustee had not made any provision for taxes or to pursue chapter 5 and other litigation.
3. The United States Trustee believes that no purpose will be served in keeping this case in chapter 11. It would not be in the best interests of creditors and other parties in interest to keep this case in chapter 11 without a trustee during the ordinary 20 day notice period. The United States Trustee also believes that the appointment of a successor chapter 11 trustee will be difficult in light of the pendency of a Motion to Convert and the existence of substantial chapter 11 administrative expense claims.
4. Accordingly, the United States Trustee believes that cause is present to reduce the notice period to one day. In addition to ECF noticing, the United States Trustee will also provide email notice directly to counsel for parties in interest.
WHEREFORE, the United States Trustee respectfully requests that the notice period for the United States Trustee’s Emergency Motion to Convert be reduced to one day, and for such other further relief as is necessary.
Dated: March 17, 2008
Richard F. Clippard
United States Trustee for Region 8
By Counsel
/s/ John L. Daugherty
John L. Daugherty
Assistant U.S. Trustee
100 E. Vine St., Suite 500
Lexington, KY 40507
(859) 233-2822
CERTIFICATE OF SERVICE
I hereby certify that on this 17th day of March, 2008, I served a copy of the foregoing Motion (i) via ECF noticing and regular email to Elizabeth Thompson, Esq., counsel to the Chapter 11 Trustee; Robert Brown, Esq. former counsel to the Debtor; Ellen Arvin Kennedy, Esq., former counsel to the Debtor; Dean Langdon, Esq. counsel to the Unsecured Creditors Committee; Gregory Schaaf, Esq. counsel for the Murphy entities; and (ii) via first-class mail, postage prepaid to the attached list.
/s/ John L. Daugherty
John L. Daugherty |
