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Camprigby Brmotion
Camprigby Brmotion
In re:
Guy G. Gebhardt, the Acting United States Trustee for Region 21, by and
through his undersigned counsel, hereby requests that the Court dismiss or convert the
dismiss or convert, stating that the Debtors had failed to provide proof of insurance on
many of their insurable properties. As noted below, many of these problems remain. In
this amended motion, the United States Trustee also advises of various other failures to
comply with requirements of the Court, the Bankruptcy Code, and United States
Trustee Guidelines.
2. The Debtors still have not provided proof of insurance on many of their
insurable properties. Specifically, the corporate Debtor failed to provide any proof of
property and casualty insurance coverage for its vehicles. It further failed to provide
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any proof of property and casualty coverage for its shop machinery, equipment, office
furniture, and computers. The individual Debtors failed to provide general liability
coverage for all three of their three parcels on SE 12th Court and casualty coverage for
... poses a risk to the estate or to the public. When a debtor owns real property with
structures, Section 1112(b)(4)(C) requires that the debtor maintain property and liability
of the Court, the Code, and United States Trustee Guidelines. First, on June 24, 2016,
the Clerk provided a Notice of Incomplete and/or Deficient Filing and Opportunity to
Cure Deficiencies to the Debtor. In the notice, the Debtor was directed to file a
Chapter 11 Case Management Summary (Summary) within three days. The Debtor
was advised that failure to cure deficiencies could result in the dismissal of the case.
To date, the Debtor has failed to file the Summary, which is a basis for dismissal or
4. The Debtor failed to appear for the meeting of creditors held on July 28,
2016, pursuant to 11 U.S.C. 341. The meeting has been rescheduled for August 24,
2016. Failure to attend such a meeting is a basis for dismissal or conversion pursuant to
11 U.S.C. 1112(b)(4)(G).
1
The United States Trustee understands that the third parcel is unimproved.
2
In re Van Eck, 425 B.R. 54, 59 (Bankr. D. Conn. 2010) (Citations omitted.)
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Trustee provided the Debtor by electronic mail information concerning the United
Possession and Trustees ("Guidelines") which, in part, requires the Debtor to furnish
b. proof of closing the Debtors old bank accounts (final bank statement
d. copy of the Debtors requested extension for 2015 federal tax returns;
f. list of all checks written and other disbursements for the corporate
g. list of all checks written and other disbursements for the account
j. with respect to each trust identified in the Schedule A/B for the
the trust.
6. To date, the Debtor has failed to provide the United States Trustee with
compliance with the Guidelines prevents the United States Trustee from properly
administering the case. The failure to provide this information is a basis for dismissal
7. Finally, the Debtors have failed to pay the quarterly fee owed to the
United States Trustee for second quarter of 2016 as required by 28 U.S.C. 1930. The
failure to pay this fee is a basis for dismissal or conversion under 11 U.S.C.
3
See In re Whetten, 473 B.R. 380, 382-383 (Bankr. Colo. 2012).
4
In re Sydnor, 431 B.R. 584, 597 (Bankr. D. Md. 2010).
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or dismissing the case is not in the best interests of creditors and the
estate, and the debtor or any other party in interest establishes that--
(A) there is a reasonable likelihood that a plan will be confirmed
within the timeframes established in sections 1121(e) and 1129(e) of this
title, or if such sections do not apply, within a reasonable period of time;
and
(B) the grounds for converting or dismissing the case include an
act or omission of the debtor other than under paragraph (4)(A)--
(i) for which there exists a reasonable justification for the
act or omission; and
(ii) that will be cured within a reasonable period of time
fixed by the court. . . .
...
(K) failure to pay any fees or charges required under chapter 123
of title 28; . . . .
exceptions, that the court dismiss or convert a chapter 11 case where any of the acts or
U.S.C. 1112(b) to either dismiss the chapter 11 case, convert the chapter 11 case to
one under chapter 7 of Title 11 or grant such other and further relief that the Court may
deem appropriate.
Respectfully submitted,
Guy G. Gebhardt
Acting United States Trustee--Region 21
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the United States Trustees
Motion to Dismiss or Convert has been served by electronic or United States Mail on or
before August 19, 2016:
Camp-Rigby Roofing-Sheetmetal Contractors, Inc.
1106 S.E. 12th Court
Cape Coral, FL 33990