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United States Bankruptcy Court Southern District of New York
United States Bankruptcy Court Southern District of New York
United States Bankruptcy Court Southern District of New York
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ORDER EXTENDING TIME TO FILE NOTICES OF REMOVAL OF ACTIONS Upon the motion (the Motion) of Metropark USA, Inc. (the Debtor) for the entry of an order (this Order) (a) extending the period within which the Debtor may remove actions pursuant to section 1452 of title 28 of the United States Code and Bankruptcy Rule 9027 and (b) granting such other relief as is just and proper, all as more fully set forth in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. 157(a) and 1334(b); and consideration of the Motion and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157(b)(2); and there being due and sufficient notice of the Motion; and it appearing that the relief requested in the Motion and granted herein is in the best interests of the Debtors estate, its creditors, and other parties in interest; and, after due deliberation, sufficient cause appearing therefor, it is HEREBY ORDERED THAT: 1. 2. The Motion is granted to the extent provided herein. The time under Bankruptcy Rule 9027(a)(2) in which the Debtor may file notices
of removal with respect to the Civil Actions2 shall be extended to and include the later to occur of: (a) November 29, 2011 or (b) the day that is thirty days after entry of an order terminating the Automatic Stay.
The Debtors tax identification number is 81-0636659. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Motion.
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3.
This Order shall be without prejudice to any position the Debtor may take
regarding whether section 362 of the Bankruptcy Code applies to stay any Civil Action, which shall not prejudice the Debtors rights under Bankruptcy Rule 9027(a)(2)(B) to remove any such Civil Actions in the event that the Automatic Stay is lifted with respect to such Civil Actions. 4. This Order shall not prejudice the Debtors rights to seek further extensions of the
Removal Period. 5. The Debtor is authorized to take all actions necessary to effectuate the relief
granted pursuant to this Order in accordance with the Motion. 6. The terms and conditions of this Order shall be immediately effective and
enforceable upon its entry. 7. The Court retains jurisdiction with respect to all matters arising from or related to
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