Case No. 04-44986.United States Bankruptcy Court, E.D. Michigan, Southern Division.
December 22, 2006
ORDER DENYING MOTION FOR EXPEDITED HEARING ON JOINT MOTION OF DEBTOR, THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS AND DEERE PARK ASSOCIATES TO DETERMINE THAT ADVERSARY PROCEEDING MAY BE SETTLED WITHOUT THE NECESSITY OF A MOTION UNDER FED. R. BANKR. P. 9019
THOMAS TUCKER, Bankruptcy Judge
The Court has read Debtor’s Ex-Parte Motion for Expedited Hearing on Joint Motion of Debtor (Docket #319), which was filed on the afternoon of December 21, 2006.
The Court finds that the motion fails to demonstrate good cause for an expedited hearing. Furthermore, the undersigned judge is not available to hold an expedited hearing on the underlying motion by the date requested (on or before December 28, 2006,) or before December 31, 2006. And the undersigned judge is not willing to send the underlying motion to blind draw for another judge of this Court — who would be completely unfamiliar with this case — to hear the underlying motion. Thus, any hearing on the motion will have to be held after December 31, 2006.
Presumably, the urgency Debtor feels here is due to the Order of November 8, 2006 (Docket #417), which Debtor stipulated to in order to resolve the United States Trustee’s motion to convert this case to Chapter 7. While that Order creates a December 31, 2006 deadline for certain events to occur, it also permits the United States Trustee, in its discretion, to consent to the case remaining in Chapter 11 despite Debtor’s failure to meet the December 31, 2006 deadline. The Order also contains an exception that would permit Debtor to avoid conversion to Chapter 7, despite failing to
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meet the December 31, 2006 deadline, for “exceptional circumstances. . . .”
For these reasons,
IT IS ORDERED that the Debtor’s Ex Parte Motion for an expedited hearing (Docket #319) is denied.