United States Bankruptcy Court Southern District of New York

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 2

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------In re METROPARK USA, INC., Debtor.

x : : : : : : : x

Chapter 11

Case No. 11-22866 (RDD)

----------------------------------------------------------------

ORDER AUTHORIZING THE DEBTOR TO ABANDON AND/OR DESTROY CERTAIN DOCUMENTS AND RECORDS Upon consideration of the emergency motion (the Motion)1 of the abovecaptioned debtor and debtor-in-possession in this chapter 11 case (the Debtor), seeking entry of an order pursuant to sections 554(a) and 105(a) of the Bankruptcy Code and Bankruptcy Rule 6007(a) authorizing the Debtor to abandon and/or destroy certain Documents and Records; and all interested parties having been afforded an opportunity to be heard with respect to the Motion; and due and proper notice of this Motion and the hearing thereon having been given, and it appearing that no other or further notice is required; and it appearing that the Court has jurisdiction to consider the Motion in accordance with 28 U.S.C. 157 and 1334; and it appearing that this is a core proceeding pursuant to 28 U.S.C. 157(b)(2); and upon the record of the July 11, 2011 hearing on the Motion, at which counsel for the Debtor confirmed that the Debtor intends to destroy all of the Documents and Records covered by the Motion and has a process in place to do so; and it appearing that the relief requested is in the best interest of the Debtor, its estate, and creditors; and, after due deliberation, and sufficient cause appearing therefor, is hereby ORDERED that: 1. 2. The Motion is GRANTED. The Debtor is hereby authorized to abandon and destroy the Documents and

Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Motion.

1751447 v1/NY

Records. 3. The Debtor is authorized and empowered to take all steps necessary and appropriate to carry out and otherwise effectuate the terms of this Order. 4. This Court retains jurisdiction with respect to all matters arising from or related to the implementation or interpretation of this Order.

Dated: White Plains, New York July11, 2011 /s/Robert D. Drain HONORABLE ROBERT D. DRAIN UNITED STATES BANKRUPTCY JUDGE

1751447 v1/NY

-2-

You might also like