United States Trustees Notice Of Motion To Convert Or Dismiss (Rochester)

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NEW YORK _________________________________________________________________________________________ In re Case No.: Chapter: 11 SSN/Tax ID: Debtor(s) SSN/Tax ID: _________________________________________________________________________________________ UNITED STATES TRUSTEE'S NOTICE OF MOTION TO CONVERT OR DISMISS PLEASE TAKE NOTICE that a hearing will be held before the Honorable Paul R. Warren, United States Bankruptcy Judge, at the U.S. Courthouse, 100 State Street, Rochester, New York 14614 on: _______________________________________________ at ________________________ AM____ PM ____. to consider a motion filed by the United States Trustee, Kathleen Dunivin-Schmitt, Assistant United States Trustee, seeking an Order, (1) converting this Chapter 11 case to a case under Chapter 7 of the Bankruptcy Code or, in the alternative, dismissing this Chapter 11 case, and (2) for such other and further relief as the Court may deem just and proper. PURSUANT TO FRBP 9014 AND THE STANDING ORDERS IMPLEMENTING DEFAULT PROCEDURES IN ROCHESTER AND WATKINS GLEN; IF YOU INTEND TO OPPOSE THE MOTION, AT A MINIMUM, YOU MUST SERVE: (1) THE MOVANT AND MOVANT'S COUNSEL, AND (2) IF NOT THE MOVING PARTY (A) THE DEBTOR AND DEBTOR'S COUNSEL; AND (B) IN A CHAPTER 11 CASE, THE CREDITORS' COMMITTEE AND ITS ATTORNEY, OR IF THERE IS NO COMMITTEE, THE 20 LARGEST CREDITORS; AND (C) ANY TRUSTEE. IN ADDITION, YOU MUST FILE WITH THE CLERK OF THE BANKRUPTCY COURT WRITTEN OPPOSITION TO THE MOTION NO LATER THAN THREE (3) BUSINESS DAYS PRIOR TO THE RETURN DATE OF THE MOTION NOTWITHSTANDING THE DECEMBER 1, 2009 AMENDMENTS TO FRBP 9006(a) . IN THE EVENT THAT NO WRITTEN OPPOSITION IS SERVED AND FILED, NO HEARING ON THE MOTION WILL BE HELD ON THE RETURN DATE AND THE COURT WILL CONSIDER THE MOTION UNOPPOSED. Notice is further given that the papers upon which this motion is made are filed with the Office of the Clerk of the Court and may be viewed during regular business hours. Appearance by the debtor, debtor's attorney, movant and opposing party(ies) is required if opposition is filed. This requirement applies equally to any and all subsequent adjournments of these matters if granted by the Court. Strict adherence to the Adjournment Policy promulgated in the Rochester Division will be observed. Dated: Lisa Bertino Beaser Clerk of Court Rev.7/13 American LegalNet, Inc. www.FormsWorkFlow.com