IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE: CHAPTER 11
C.B.G. LIMITED CASE NOS. 5-92-00525
TRACHELE, INC. 5-92-00615
EAGLE ROCK SKI AREA 5-92-00616
VALLEY UTILITIES COMPANY, INC. 5-92-00617
RAVENS RUN EQUESTRIAN CENTER 5-92-00619
CHEZ-RAEL, INC. 5-92-00620
(Consolidated Cases)
UNITED STATES TRUSTEE'S MOTION TO
CONVERT TO CHAPTER 7
NOW COMES, the United States Trustee and moves this Court for
entry of an order converting these consolidated Chapter 11 cases to
proceedings under Chapter 7 on the following grounds:
1. The United States Trustee brings this motion pursuant to 28
U.S.C. section 586(a)(3) and 11 U.S.C. section 1112.
2. On March 30, 1992, Debtor, C.B.G. Limited filed a voluntary
petition for relief under Chapter 11 of the U.S. Bankruptcy Code.
3. On April 7, 1992, the remaining Debtors filed voluntary
petitions for relief under Chapter 11 of the U.S. Bankruptcy Code.
4. After more than fifteen (15) months under the protection of
the Bankruptcy Code, the Debtors have not filed acceptable plans of
reorganization or disclosure statements, and are not likely to be
able to successfully prosecute their cases to confirmation of plans
of reorganization, and the Debtors appear unable to rehabilitate
their affairs.
10. Undue delay, inability to effectuate a plan, and failure to
pay quarterly fees are among reasons for conversion or dismissal
enumerated in 11 U.S.C. section 1112(b). The Court is not limited
by the specific reasons listed in deciding whether a case should be
converted or dismissed.
11. The United States Trustee has made no prior application for
the relief requested herein.
WHEREFORE, the U.S. Trustee prays for entry of an order
converting this case to a proceeding under Chapter 7 of the
Bankruptcy Code, and for such other relief as this Court deems
just.
THOMAS E. ROSS
UNITED STATES TRUSTEE
MARY D. FRANCE
ASST. U.S. TRUSTEE
By: /s/
Gregory R. Lyons, Attorney
Office of the U.S. Trustee
225 Market St., Suite 503
Harrisburg, PA 17101
(717) 782-4907
Date: /6-30-93/
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE: CHAPTER 11
C.B.G. LIMITED CASE NOS. 5-92-00525
TRACHELE, INC. 5-92-00615
EAGLE ROCK SKI AREA 5-92-00616
VALLEY UTILITIES COMPANY, INC. 5-92-00617
RAVENS RUN EQUESTRIAN CENTER 5-92-00619
CHEZ-RAEL, INC. 5-92-00620
(Consolidated Cases)
CERTIFICATE OF SERVICE
The undersigned employee of the Office of the United States
Trustee certifies that a copy of the foregoing Motion to Convert to
Chapter 7 along with a proposed order were served upon the persons
listed below, by placing same in the United States Mail, First
Class, addressed as follows:
JOHN J. CONDRIGE, ESQ. BERNARD A. PODCASY, ASST. COUNSEL
DEPUTY ATTORNEY GENERAL COMMONWEALTH OF PENNSYLVANIA
FINANCIAL ENFORCEMENT SECTION DEPARTMENT OF LABOR & INDUSTRY
15TH FLOOR, STRAWBERRY SQUARE OFFICE OF EMPLOYMENT SECURITY
FOURTH & WALNUT STREETS 32 EAST UNION STREET
HARRISBURG, PA 17120 WILKES-BARRE, PA 18711
IRS SPECIAL PROCEDURES SECTION PETER J. HOEGEN, JR., ESQ.
P.O. BOX 12051, ROOM;6404 25 NORTH RIVER STREET
PHILADELPHIA, PA 19105 WILKES-BARRE, PA 18701
/s/
Office of the U.S. Trustee
225 Market Street
Harrisburg, PA 17101
DATE: /7/1/93/
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