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Minute Entry
Hearing Information:
Debtor: C & M INVESTMENTS INCORPORATED
Case Number: 2:19-BK-08177-BKM Chapter: 11
Date / Time / Room: THURSDAY, AUGUST 01, 2019 02:30 PM 7TH FLOOR #701
Matters:
1) DEBTOR'S MOTION TO REINSTATE CASE FILED BY DAVID MILLER OF MEROE CAPITAL GROUP, LTD ON
BEHALF OF C & M INVESTMENTS INCORPORATED
R / M #: 20 / 0
2) EXPEDITED HEARING ON THE UNITED STATES TRUSTEE'S MOTION TO DISQUALIFY DEBTOR'S COUNSEL
FILED BY PATTY CHAN ON BEHALF OF U.S. TRUSTEE .
R / M #: 25 / 0
Appearances:
Minute Entry
(continue)... 2:19-BK-08177-BKM THURSDAY, AUGUST 01, 2019 02:30 PM
Proceedings: 1.00
MATTER 1)
Ms. Chan responds to the Court's questions. She was hoping that Mr. Miller would appear. Mr. Miller
told her that he intends to withdraw the motion to reinstate. She sent him the procedure on how to
appear telephonically. Her office objected to the motion to reinstate. She summarizes the
correspondence received from Mr. Miller. She responds to the Court's questions. Her understanding
from their conversation is that Mr. Miller is not licensed in any jurisdiction and that he is an investor.
MATTER 2)
Ms. Chan reviews her office's position and concerns. There is a question about the signatures. She
would like to investigate whether the principal of the company was aware of the bankruptcy filing.
COURT: THE COURT REFERS TO CASE LAW AND DISCUSSES 11 U.S.C. §§ 110.
Ms. Chan notes that her office requested relief under 11 U.S.C. §§ 105.
COURT: THE COURT UNDERSTANDS THAT THE U. S. TRUSTEE WOULD LIKE TO INVESTIGATE. THE
CASE IS DISMISSED BUT THE MATTER WILL NOT BE CLOSED. THE COURT WILL ASK THE CLERK TO
NOT CLOSE THE CASE FOR 30 DAYS.
Ms. Chan asks if Mr. Miller's name can be removed from the docket.
COURT: BASED ON COUNSEL'S AVERRAL THAT MR. MILLER IS NOT LICENSED TO REPRESENT THE
DEBTOR, THE COURT WILL DIRECT THE CLERK TO REMOVE MR. MILLER AS COUNSEL OF RECORD.
THE COURT DIRECTS MS. CHAN TO UPLOAD AN ORDER DENYING THE MOTION TO REINSTATE AND
PROVIDING FOR THE ADDITIONAL RELIEF.