IN MATTER OF JOSEPH (Bankr.E.D.Mich. 7-24-2010)


In the Matter of: THOMAS JULIAN JOSEPH and ANN MARIE JOSEPH Chapter 7, Debtors. K. JIN LIM, TRUSTEE Plaintiff, v. THOMAS JULIAN JOSEPH d/b/a THE JOSEPH AGENCY and THE JOSEPH AGENCY, INC. Defendants.

Case No. 09-47467, Adv. No. 10-6100.United States Bankruptcy Court, E.D. Michigan, Southern Division.
July 24, 2010

ORDER DENYING PLAINTIFF’S EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER
THOMAS TUCKER, Bankruptcy Judge

This adversary proceeding is before the Court on Plaintiff’s Ex Parte Motion for Temporary Restraining Order (Docket # 5, the “TRO Motion”), which was filed on Friday, July 23, 2010 at 4:15 p.m. After reviewing the TRO Motion and all related papers, including the affidavit of Plaintiff Trustee, as well as the Plaintiff’s complaint and motion for preliminary injunction, the Court concludes that Plaintiff has not met the requirements for issuance of a temporary restraining order without notice, under Fed.R.Civ.P. 65(b)(1)(A) and 65(b)(1)(B), which apply in this adversary proceeding under Fed.R.Bankr.P. 7065.

Accordingly,

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IT IS ORDERED that the TRO Motion (Docket # 5) is denied.

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