BKY 05-30073.United States Bankruptcy Court, D. Minnesota.
July 1, 2005
ORDER GRANTING DEBTOR’S MOTION FOR EXTENSION OF TIME UNDER 11 U.S.C. § 1121(d)
GREGORY KISHEL, Bankruptcy Judge
At St. Paul, Minnesota, this 1st day of July, 2005.
This Chapter 11 case came on before the Court on June 28, 2005, for hearing on the Debtor’s motion for certain relief under 11 U.S.C. § 1121. Argument on the motion was made by James L. Baillie, on behalf of the Debtor, and David C. Christian on behalf of Continental Casualty Company and Transportation Insurance Company. Other appearances were noted in the record. The Court took the motion under advisement, and read a decision on the record at a hearing conducted on June 30, 2005. Upon the record thus made,
IT IS HEREBY DETERMINED AND ORDERED:
1. On the present posture of this case, 11 U.S.C. § 1121(c) does not bar a party in interest other than the Debtor from filing a plan, by operation of law alone.
2. Pursuant to 11 U.S.C. § 1121(d), the period described in 11 U.S.C. § 1121(c)(3), by which the Debtor must obtain acceptance of its plan by each class of impaired claims, is extended by 120 days, to expire at the end of the calendar day on November 2, 2005. This grant of extension is without prejudice to the Debtor’s right to make a motion for a further extension, and the Court reserves the right to impose a further extension sua sponte if such is warranted for effective management of this case pursuant to 11 U.S.C. § 105(d).
3. Accordingly, until the end of the period described in Term 2, no party in interest to this case other than the Debtor has the right to file a plan.
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I, Judy Brooks, hereby certify that I am judicial assistant to Gregory F. Kishel, Chief Bankruptcy Judge for the District of Minnesota; that on July 1, 2005, true and correct copies of the annexed:
ORDER
were placed by me in individual official envelopes, with postage paid; that said envelopes were addressed individually to each of the persons, corporations, and firms at their last known addresses appearing hereinafter; that said envelopes were sealed and on the day aforesaid were placed in the United States mails at St. Paul, Minnesota, to:
SEE ATTACHED SERVICE LIST
and this certificate of service was made by me.
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