New Bankruptcy Opinion: IN RE PREMIER PEST MANAGEMENT INC. – Bankr. Court, ED Michigan, 2015

In re: PREMIER PEST MANAGEMENT INC., Chapter 11 Debtor.

Case No. 15-52811

United States Bankruptcy Court, E.D. Michigan, Southern Division.

September 23, 2015.


THOMAS J. TUCKER, Bankruptcy Judge.

This case came before the Court for an initial status conference on September 23, 2015. Neither the Debtor nor the Debtor’s attorney appeared, despite the fact that the Court’s order entitled “Order for Initial Chapter 11 Status Conference,” filed on September 2, 2015 (Docket # 10, the “September 2 Order”) stated that “the debtor-in-possession and the attorney for the debtor-in-possession must appear” at the September 23 conference.

As stated by the Court on the record during the September 23, 2015 status conference, this case will be dismissed because of (1) the failure to appear at the initial status conference, noted above; and (2) the failure by the Debtor’s attorney to comply the last paragraph of the Court’s September 2 Order. [1]

In addition, the Court notes that this case has been beset by other problems, caused by the Debtor and/or the Debtor’s attorney. For example, to date five different documents filed by Debtor’s attorney have been stricken by the Court (Docket ## 16, 19, 20, 26, 29), for the reasons stated by the Court’s orders striking the items. (Docket ## 21, 23, 28, 30, 32). As another example, the Debtor failed to timely comply with the Court’s order, filed on September 14, 2015 (Docket # 21), which stated, in relevant part: “IT IS FURTHER ORDERED that no later than September 21, 2015, the Debtor must file an amended list of equity security holders that is verified by a signed declaration under penalty of perjury, or the Court may dismiss this case, without further notice or hearing. (related documents Equity Security Holders).” The Debtor did not file such a signed, amended list of equity security holders until September 22, 2015, one day after the deadline for doing so had expired. (Inexplicably, the Debtor filed an unsigned copy of such amended list on September 21, 2015, which was therefore stricken. (See Docket ## 29, 30)).

IT IS ORDERED that this bankruptcy case is dismissed.

[1] That paragraph stated:

The debtor’s attorney must immediately serve a copy of this order, without attachment, on the 20 largest creditors, all secured creditors, and the U.S. Trustee’s Office. The debtor’s attorney must file a proof of service. The failure of the debtor to comply with terms of this order may result in dismissal.

(emphasis in original). No proof of service showing service of the September 2 Order has been filed.

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