Case No. 07-48680.United States Bankruptcy Court, E.D. Michigan, Southern Division.
May 16, 2008
ORDER DENYING DOCKET # 1130: DEBTOR’S EX PART MOTION TO EXTEND THE DEADLINE TO RESPOND TO THE FIRST INTERIM FEE APPLICATION OF CARSON FISCHER, P.L.C., COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF ST. JAMES INCORPORATED F/K/A ASC INCORPORATED, FOR AN ORDER ALLOWING INTERIM COMPENSATION FOR PROFESSIONAL SERVICES RENDERED FROM MAY 11, 2007 THROUGH MARCH 31, 2008 AND REIMBURSEMENT OF EXPENSES INCURRED
THOMAS TUCKER, Bankruptcy Judge
This case is before the Court on the Debtor’s Ex Parte Motion to Extend The Deadline To Respond To The First Interim Fee Application of Carson Fischer, P.L.C., Counsel to the Official Committee of Unsecured Creditors of St. James Incorporated f/k/a ASC Incorporated, for an Order Allowing Interim Compensation for Professional Services Rendered from May 11, 2007 through March 31, 2008 and Reimbursement of Expenses Incurred (Docket # 1130, the “Ex Parte Motion”); the Court having reviewed the Ex Parte Motion and being otherwise fully advised in the premises:
The Court concludes that (1) the Ex Parte Motion is untimely, because it was filed on May 15, 2008, while the deadline for Debtor to file an objection to the fee application was May 14, 2008; and (2) Debtor’s Ex Parte Motion fails to allege any facts that would demonstrate that Debtor’s failure to file either (1) a timely objection to the fee application; or (2) a motion to extend the objection deadline before that deadline expired, was the product of “excusable neglect” within the meaning of Fed.R.Bankr.P. 9006(b)(1).
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NOW, THEREFORE, IT IS ORDERED that the Ex Parte Motion (Docket # 1130) is denied.