COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile:
(212) 479-6275 James A. Beldner Lawrence C. Gottlieb Lesley A. Kroupa Attorneys for Debtor and Debtor in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : : LEHR CONSTRUCTION CORP., : : Debtor. : : : ---------------------------------------------------------------- x
Chapter 11 Case No. 11-10723 (SHL)
NOTICE OF AGENDA OF MATTERS SCHEDULED FOR HEARING ON TUESDAY, APRIL 26, 2011 Time and Date of Hearing: Location of Hearing: April 26, 2011 at 11:00 a.m. (Prevailing Eastern Time) (the Hearing) Judge Sean H. Lanes Courtroom, Room TBD1, United States Bankruptcy Court for the Southern District of New York, Alexander Hamilton Custom House, One Bowling Green, New York, New York 10004 A copy of each of the pleadings may be viewed on the Courts website at www.ecf.nysb.uscourts.gov and on the Debtors website: http://www.omnimgt.com/sblite/lehr
Copies of Pleadings:
I.
ADJOURNED MATTERS 1. Debtors Motion for an Order Pursuant to Sections 105(a) and 363(b) of the Bankruptcy Code (I) Authorizing Payment of Wages, Compensation and Employee Benefits and (II) Authorizing Financial Institutions to Honor and Process Checks and Transfers Related to Such Obligations (Docket No. 3)
The Court is unable to confirm a courtroom at this time. Please see courtroom assignment to be posted outside of the Judges chambers, Room 708.
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Related Documents: Interim Order (Docket No. 13); Proposed Final Order (Docket No. 30) Response Deadline: March 18, 2011 Response(s) Received: Limited Objection filed by Capital One, N.A. (Docket No. 75); Omnibus Response filed by the Committee (Docket No. 77) Status: This matter is adjourned. The Limited Objection filed by Capital One, N.A. has been resolved. The Debtor is working with the Committee regarding the terms of the Proposed Final Order and expects to reach an agreement and file any such revisions shortly. 2. Debtors Emergency Motion and Memorandum of Law for Interim and Final (i) Approval of Postpetition Financing, (ii) Authority to Use Cash Collateral, (iii) Granting of Certain Liens, (iv) Granting Adequate Protection, and (v) Modifying the Automatic Stay (Docket No. 63) (the DIP Motion) Related Documents: Interim Order (Docket No. 73) (the Interim Order) Response Deadline: April 21, 2011 (Proposed) Response(s) Received: Limited Objection filed by F&G Mechanical Corporation and Meadowlands Fire Protection (Docket No. 69); Joinder to Limited Objection (Docket No. 70); Limited Objection filed by Capital One, N.A. (Docket No. 71). Status: This matter has been adjourned and is scheduled to be heard on May 2, 2011 at 2:00 p.m. (Prevailing Eastern Time). 3. Debtors Application for Entry of an Order Under Bankruptcy Code Sections 327, 328 and 330 Authorizing Retention and Employment of Rosen Seymour Shapss Martin & Company LLP as Financial Advisor to the Debtor Nunc Pro Tunc to the Petition Date (Docket No. 25) Related Documents: None. Response Deadline: March 18, 2011 Response(s) Received: Limited Objection filed by Capital One, N.A. (Docket No. 75); Omnibus Response filed by the Committee (Docket No. 77) Status: This matter is adjourned.
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4.
Motion to Modify the Automatic Stay filed by Shawn R. Umpierre (Docket No. 83) (the Umpierre Motion). Related Documents: Notice of Presentment of Revised Proposed Order (Docket No. 161). Response Deadline: April 28, 2011 at 11:00 p.m. (Prevailing Eastern Time) Response(s) Received: None. Status: This matter is adjourned. As more fully described in the Notice of Presentment of Revised Proposed Order, the Debtor and the Movant negotiated a revised proposed order which has been scheduled for presentment on April 28, 2011 at 12:00 p.m. (Prevailing Eastern Time).
Dated: April 22, 2011 New York, New York Respectfully Submitted, By: /s/James A. Beldner James A. Beldner
COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 James A. Beldner (JB 7166) Lawrence C. Gottlieb (LG 2565) Lesley A. Kroupa (LK 2620) Attorneys for Debtor and Debtor in Possession
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