Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: THE ULTIMATE LIVING GROUP, LLC, Debtor. : : : : : : : Chapter 7 Case No. 07-00161 (JJF)
Responses Due: Reply to Responses Due: April 19, 2007@ 4:00 p.m. April 26, 2007 @ 2:00 p.m.

TRUSTEE'S MOTION TO WAIVE THE REQUIREMENT OF EXAMINATION OF DEBTOR AT THE MEETING OF CREDITORS PURSUANT TO SECTION 341(a) OF THE BANKRUPTCY CODE Alfred T. Giuliano, the Chapter 7 Trustee (the "Trustee") in the above captioned matter through his counsel, Archer & Greiner, PC, respectfully submits this Motion to Waive the Requirement of Examination of the Debtor at the Meeting of Creditors Pursuant to §341(a) of the Bankruptcy Code (the "Motion") and in support thereof states the following: 1. The Debtor is a Delaware corporation that filed a petition for relief under Chapter

11 of the Bankruptcy Code on October 18, 2004. 2. On May 27, 2005, the Debtor's Chapter 11 case was converted to a case under

Chapter 7 and the United States Trustee appointed Alfred T. Giuliano as Trustee in this case. 3. Pursuant to §341(a) of the Bankruptcy Code the United States Trustee shall

convene and preside at a meeting of creditors. Furthermore, §341(d)(1) ­ (4) provides that prior to the conclusion of the meeting of creditors, the Trustee shall orally examine the Debtor to ensure that the Debtor in a case under Chapter 7 of this title is aware of (1) the potential consequences in seeking a discharge in bankruptcy, including the effects on credit history; (2) the Debtor's ability to file a petition under a different chapter of the Bankruptcy Code; (3) the

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effect of receiving a discharge of debts under Chapter 7; and (4) the effect of reaffirming a debt, including the Debtor's knowledge of the provisions of §524(d) of the Bankruptcy Code. 4. 5. The 341(a) hearing was originally scheduled for July 19, 2005. Counsel for the Debtor contacted Archer & Greiner, attorneys for the Chapter 7

Trustee and requested an adjournment due to the principal of the Debtor, John Randall Lassiter, III ("Lassiter"), being in France and unable to appear on July 19, 2005. The 341(a) was adjourned until August 16, 2005. 6. Counsel for the Debtor again contacted Archer & Greiner and requested another

adjournment of the 341(a). As a continued courtesy, the 341(a) was again rescheduled to September 20, 2005. 7. The Debtor again failed to appear at the 341(a) hearing on September 20, 2005.

Since that time the Chapter 7 Trustee has repeatedly attempted to contact Lassiter directly and through counsel to reschedule the 341(a) hearing. 8. On November 29, 2006, the United States District Court for the District of

Delaware entered an order in litigation captioned Worldspan, LP v Lassiter, et al, Case No 031081 which Order, inter alia, withdrew the reference of this case to the Bankruptcy Court and directed the Chapter 7 Trustee to reschedule the 341(a) hearing. 9. The 341(a) hearing was again rescheduled to January 30, 2007. Lassiter again

failed to appear for the Debtor at the 341(a) hearing on January 30, 2007. The 341(a) hearing has not been rescheduled. 10. On March 21, 2007 this case was entered on the Docket of the United States

District Court as case number 07-00161.

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11.

The Chapter 7 Trustee is preparing to close the administration of the Debtor's

estate. In light of the foregoing circumstances and the fact that there is no need to ensure by oral examination in this corporate bankruptcy case that the Debtor is aware of the enumerated consumer related issues set forth in §341(d)(1) through (4), the Chapter 7 Trustee respectfully requests that he be relieved of the duty, if any, to orally examine the Debtor at a meeting of creditors conducted under §341 of the Bankruptcy Code and that the meeting be deemed concluded. 12. Notice of this Motion is being provided to (i) The Office of the United States

Trustee, (ii) known Creditors of the Debtor, and (iii) parties who have requested notice appearing on the Rule 2002 List for this matter. Trustee submits that such limited notice is adequate and should be approved in light of the circumstances outlined herein. 13. This Motion presents no novel issues of law and accordingly the Trustee

respectfully requests that this Court waive the requirements of Local District Court Rule 7.1.2(a) incorporated into the Local Bankruptcy Rules by reference in Rule 1001-1(b) of the Local Rules of the United States Bankruptcy Court for the District of Delaware.

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WHEREFORE, the Trustee respectfully requests that the Trustee's obligation, if any, to orally examine the Debtor at a meeting of creditors conducted pursuant to §341(a) be waived and that the meeting be deemed concluded. Dated: April 5, 2007 Wilmington, Delaware By: /s/ John V. Fiorella John V. Fiorella (No. 4330) ARCHER & GREINER A Professional Corporation 300 Delaware Avenue, Suite 1370 Wilmington, DE 19801 Telephone (302) 777-4350 Facsimile (302) 777-4352 Email [email protected] Counsel for Alfred T. Giuliano, Ch. 7 Trustee

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: THE ULTIMATE LIVING GROUP, LLC, Debtor. : Chapter 7 : : Case No. 07-00161 (JJF) : : : : Related Doc. No.

ORDER REGARDING TRUSTEE'S MOTION TO WAIVE THE REQUIREMENT OF EXAMINATION OF DEBTOR AT THE MEETING OF CREDITORS PURSUANT TO SECTION 341(A) OF THE BANKRUPTCY CODE AND NOW, this ________, day of ___________________, 2007 upon consideration of the Motion of Trustee to Waive the Requirement of Examination of Debtor at the Meeting of Creditors Pursuant to §341(a) of the Bankruptcy Code (the "Motion"); and any response thereto; and having determined the notice as described in the Motion to be adequate and appropriate under the circumstances, it is hereby ORDERED that the Motion is APPROVED, it is FURTHER ORDERED, the Trustee's obligation, if any, to orally examine the Debtor at a meeting of creditors conducted pursuant to 11 U.S.C. §341 is hereby WAIVED and the meeting of creditors is deemed concluded. BY THE COURT: ________________________________________ HONORABLE JOSEPH J. FARNAM, JR. U.S. District Court Judge
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: THE ULTIMATE LIVING GROUP, LLC, Debtor. : : : : : : : Chapter 7 Case No. 07-00161 (JJF)
Responses Due: Reply to Responses Due: April 19, 2007@ 4:00 p.m. April 26, 2007 @ 2:00 p.m.

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Chapter 7 Trustee's Motion to Waive the Requirement of Examination of the Debtor at the Meeting of Creditors Pursuant to §341(a) of the Bankruptcy Code (the "Motion") was filed electronically on April 5, 2007, and is available for viewing and downloading from the ECF system. The Motion was also served on all parties on the attached service list by notice of electronic filing on April 5, 2007 and via regular first class mail on April 5, 2007. Dated: April 5, 2007 ARCHER & GREINER, P.C. By: /s/ John V. Fiorella . John V. Fiorella, Esq. (#4330) One Centennial Square Haddonfield, NJ 08033 (856) 795-2121 (856) 795-0574 (fax) [email protected]

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SERVICE LIST THE ULTIMATE LIVING GROUP, LLC CH. 7, CASE NO. 04-12990 James E. Huggett, Esquire Harvey, Pennington Ltd. 913 N. Market St., Suite 702 Wilmington, DE 19801 Facsimile: 302-428-0734 Attorneys for Debtor Worldspan, L.P. Michael B. McCauley, Esquire Palmer, Biezup & Henderson LLP 1223 Foulk Road Wilmington, DE 19803 Facsimile: 302-478-7625 Attorneys for Worldspan, L.P. Azur Assurance 2 Place George Sand BP 8 18007 Bourges Cediec France George Vidry One Avenue General de Gaulle 06232 Ville Franche France URSAFF des Alpes Maritimes 152 Avenue de la Californie 06200 Nice France Levy Properties 7 Rue Montyan 75007 Paris France
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Office of the US Trustee 844 King St., Room 2207 Lockbox #35 Wilmington, DE 19899-0035 Facsimile: ASSEDIC 44 Rue Berlioz BP 1154 06003 Nice Cedex 1 France

France Telecom ADV Seg N 06BP 2089 16102 Nice Cedex 2 France Munegu 28 Bis Avenue de l'Annociade MC 98000 Monaco France Commerce Associates Attn: Landlord Tenant The Ultimate Living Group, LLC One Commerce Center, 1201 N. Orange St. Wilmington, DE 19801 Worldspan, L.P. Attention: Officer/Agent 300 Galleria Parkway Atlanta, GA 30339