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7-16-10 Hearing Order to Show Cause to Shorten Notice Period for Ch 11 Trustee

7-16-10 Hearing Order to Show Cause to Shorten Notice Period for Ch 11 Trustee

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Published by cbrenn2
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x : In re : Chapter 11 : SPONGETECH DELIVERY SYSTEMS, INC., : : Case No. 10-13647(SMB) : Debtor. : ----------------------------------------------------------- x ORDER TO SHOW CAUSE TO SHORTEN NOTICE PERIOD FOR MOTION OF THE UNITED STATES TRUSTEE FOR ORDER DIRECTING THE APPOINTMENT OF A CHAPTER 11 TRUSTEE OR, IN THE ALTERNATIVE, CONVERTING THE CASE TO CHAPTER 7 OF THE BANKRUPTCY
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x : In re : Chapter 11 : SPONGETECH DELIVERY SYSTEMS, INC., : : Case No. 10-13647(SMB) : Debtor. : ----------------------------------------------------------- x ORDER TO SHOW CAUSE TO SHORTEN NOTICE PERIOD FOR MOTION OF THE UNITED STATES TRUSTEE FOR ORDER DIRECTING THE APPOINTMENT OF A CHAPTER 11 TRUSTEE OR, IN THE ALTERNATIVE, CONVERTING THE CASE TO CHAPTER 7 OF THE BANKRUPTCY

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Published by: cbrenn2 on Jul 19, 2010
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UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK-----------------------------------------------------------x:In re : Chapter 11:SPONGETECH DELIVERY SYSTEMS, INC., :: Case No. 10-13647(SMB):Debtor. :----------------------------------------------------------- x
ORDER TO SHOW CAUSE TO SHORTEN NOTICE PERIOD FOR MOTIONOF THE UNITED STATES TRUSTEE FOR ORDER DIRECTING THEAPPOINTMENT OF A CHAPTER 11 TRUSTEE OR, IN THE ALTERNATIVE,CONVERTING THE CASE TO CHAPTER 7 OF THE BANKRUPTCY CODE
Upon the motion, dated July 16, 2010 (the “Motion for Appointment of Trustee”)of the United States Trustee for Order Directing the Appointment of a Chapter 11 Trusteeor, In the Alternative, Converting the Case to Chapter 7 of the Bankruptcy Code, andupon the Declaration of Elisabetta G. Gasparini Pursuant to Local Rule 9077-1(a), datedJuly 16, 2010 (the “Declaration”), attesting to the necessity for relief by Order to ShowCause; and it appearing that no notice of this Order to Show Cause need be given, exceptas provided herein; and after due deliberation and sufficient cause appearing thereof, it ishereby;ORDERED that a hearing (the “Hearing”) to consider the Motion forAppointment of Trustee shall be held before the Honorable Stuart M. Bernstein, UnitedStates Bankruptcy Judge, United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004 on July 19 2010 at 2:00p.m.
(Prevailing Eastern Time)
, or as soon thereafter as counsel may be heard; and it isfurther
 
ORDERED that objections and responses, if any, to the Motion for Appointmentof Trustee shall be in writing, shall conform to the Federal Rules of BankruptcyProcedure and the Local Rules of the Bankruptcy Court for the Southern District of NewYork, shall set forth the name of the objecting party, the basis for the objection and thespecific grounds thereof, shall be filed with the Bankruptcy Court electronically inaccordance with General Order M-242 (which can be found at www.nysb.uscourts.gov
 
) by registered users of the Bankruptcy Court’s case filing system and by all other partiesin interest, on a 3.5 inch disk, preferably in Portable Document Format (PDF),WordPerfect, or any other Windows-based word processing format (with two hard copiesdelivered directly to the chambers of the Honorable Stuart M. Bernstein), and shall beserved upon (i) the Office of the United States Trustee for the Southern District of NewYork, 33 Whitehall Street, 21
st
Floor, New York, New York 10004, Attn: Elisabetta G.Gasparini, Esq.; (ii) the Securities and Exchange Commission, 100 F Street N.E.,Washington, D.C. 20549-4030, Attn: Jeffrey T. Tao; and (iii) the United StatesAttorney’s Office for the Southern District of New York, 86 Chambers Street, New York,New York 10007 (Attn: Sean Lane) so as to be filed and received by no later than
July19, 2010 at 12:00 p.m. (Prevailing Eastern Time)
(the “Objection Deadline”).ORDERED that notice shall be given by sending a copy of this Order to ShowCause, the Motion for Appointment of Trustee, and related declarations and exhibits, viafederal express on or before
July 16, 2010
on the parties attached hereto as Exhibit A.Dated: New York, New York July 16, 2010
_/s/ ARTHUR J. GONZALEZ _________
 CHIEF UNITED STATES BANKRUPTCYJUDGE

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