Case No 07-51982.United States Bankruptcy Court, E.D. Michigan, Southern Division (Detroit).
July 5, 2007
ORDER DENYING (1) “AMENDED MOTION FOR EXPEDITED HEARING ON CASH COLLATERAL MOTION” (DOCKET #24) AND (2) “MOTION FOR AUTHORITY TO ENTER INTO CASH COLLATERAL AGREEMENT” (DOCKET #23)
THOMAS TUCKER, Bankruptcy Judge
This case is before the Court on two motions filed on July 3, 2007 by Debtor, namely: (1) “Amended Motion For Expedited Hearing On Cash Collateral Motion” (Docket #24); And (2) “Motion For Authority To Enter Into Cash Collateral Agreement” (Docket #23).
Each of these motions must be denied, without a hearing, for the following reasons. First, the cash collateral motion (Docket #23) fails to comply with L.B.R. 4001-2 (E.D.M.) in many respects. Among other deficiencies, the Debtor failed to file the required cover sheet (L.B.R. 4001-2(b)); and the motion (and its proposed cash collateral order) fail to comply with the following local rule provisions, made applicable by L.B.R. 4001-2(d)(3): L.B.R. 4001-2(c)(2) and L.B.R. 4001-2(c)(6).
Second, the Court cannot conduct a preliminary hearing or enter an interim order, i.e., a hearing held and an order entered on less than the 15-day notice required by Fed.R.Bankr.P. 4001(b)(2), because the Debtor appears to state in its expedited hearing motion, in effect, that it cannot say how much cash collateral is necessary in order to avoid immediate and irreparable harm to the estate pending a final hearing. See
Docket #24 at paragraphs 3 and 4.
For these reasons,
IT IS ORDERED that the following motions are denied: (1) “Amended Motion For Expedited Hearing On Cash Collateral Motion” (Docket #24); And (2) “Motion For Authority To Enter Into Cash Collateral Agreement” (Docket #23).
IT IS FURTHER ORDERED that the denial of these motions is without prejudice to the filing of new motions by Debtor thatfully comply with L.B.R. 4001-2.