Case RTL Doc 176 Filed 01/06/12 Entered 01/06/12 11:51:48 Desc Main Document Page 1 of 3

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1 Document Page 1 of 3 UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF THE UNITED STATES TRUSTEE UNITED STATES TRUSTEE, REGION 3 Jeffrey M. Sponder, Esq. (JS 5127) One Newark Center, Suite 2100 Newark, NJ Telephone: (973) Fax: (973) UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY : Chapter 11 In re: : : Case No (RTL) Miller Health Care, LLC, : The Honorable Raymond T. Lyons : : Hearing Date: January 9, 2:00 p.m. Debtor. : : ORAL ARGUMENT REQUESTED APPLICATION BY THE UNITED STATES TRUSTEE FOR ORDER SHORTENING TIME PERIOD AND LIMITING NOTICE UNDER FED. R. BANKR. P. 9006(C)(1) ON THE UNITED STATES TRUSTEE S MOTION FOR AN ORDER DIRECTING THE APPOINTMENT OF A CHAPTER 11 TRUSTEE UNDER 11 U.S.C THE UNITED STATES TRUSTEE ( U.S. Trustee ), by and through her counsel, respectfully represents: 1. On June 18, 2011 (the Petition Date ), the above-captioned debtor ( Debtor ) filed a voluntary petition for relief under chapter 11 of Title 11, United States Code, and has remained in possession of its property and management of its affairs. 2. An Unsecured Creditors' Committee was appointed by the U.S. Trustee on July 8, 2011 (the Committee ). 3. Pursuant to 11 U.S.C. 1104, the court shall order the appointment of a chapter 11 trustee for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor by current management, either before or after the commencement of the

2 Document Page 2 of 3 case, or similar cause. In addition, the Court shall order the appointment of a chapter 11 trustee if such appointment is in the interests of creditors, any equity security holders, and other interests of the estate. 4. Here, the Debtor has failed to pay taxes in excess of $300, to the State of New Jersey, State of Pennsylvania and the Internal Revenue Service post-petition from June 27, 2011 through November 30, During the time when the Debtor was not paying most of its taxes, the Debtor s owner, Thomas Miller, paid himself a draw including $15, in November 2011, $13, in October, 2011, $15, in September, 2011 and $15, in August In addition, the October 2011 and November 2011 monthly operating reports reveal that the Debtor has a negative cash balance, which has continued throughout this case. Further, the creditors committee supports the appointment of a chapter 11 trustee. Accordingly, relief is warranted under 11 U.S.C Good and sufficient reasons exist for shortening the time for noticing the Motion. 6. This Office is further requesting that the Court limit notice of this Motion to Debtor s counsel, Committee s counsel, and all parties who have filed Notices of Appearance in this matter. 7. Reduction of the time period in question is not prohibited under Federal Rule of Bankruptcy Procedure 9006(c) and the Rules listed therein. 8. On December 20, 2011, the Court entered an Order to Show Cause scheduling a hearing for January 9, 2012 at 2:00 p.m. (the OTSC ). On December 21, 2011, the U.S. Trustee filed a motion seeking to convert or dismiss this case (the Section 1112 Motion ). The Court scheduled that hearing to coincide with the Court s Order to Show Cause. The U.S Trustee requests that the time period be shortened to allow the U.S Trustee s Motion for an Order

3 Document Page 3 of 3 Directing the Appointment of a Chapter 11 Trustee to be heard at the same date and time as the OTSC and the Section 1112 Motion. All interested parties have been advised prior to the filing of this Motion that the U.S. Trustee would be seeking the appointment of a chapter 11 trustee. WHEREFORE, the United States Trustee requests entry of the order shortening time submitted herewith. UNITED STATES TRUSTEE REGION 3 DATED: January 6, 2012 By: /s/ Jeffrey M. Sponder Jeffrey M. Sponder Trial Attorney

4 Case RTL Doc Filed 01/06/12 Entered 01/06/12 11:51:48 Desc Proposed Order Shortening Time Page 1 of 2 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR (c) UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF THE UNITED STATES TRUSTEE UNITED STATES TRUSTEE, REGION 3 Jeffrey M. Sponder, Esquire (JS 5127) One Newark Center, Suite 2100 Newark, NJ Telephone: (973) Fax: (973) In Re: Miller Health Care, LLC, Debtor. Case No.: (RTL) Chapter 11 Hearing Date: January 9, 2:00 p.m. Judge: The Honorable Raymond T. Lyons ORDER SHORTENING TIME PERIOD, LIMITING NOTICE AND SETTING HEARING The relief set forth on the following page(s), numbered two (2) is hereby ORDERED.

5 Case RTL Doc Filed 01/06/12 Entered 01/06/12 11:51:48 Desc Proposed Order Shortening Time Page 2 of 2 (Page 2) Miller Health Care, LLC Chapter 11 Case No (RTL) Order Shortening Time Period, Limiting Notice and Setting Hearing Upon consideration of the application of the United States Trustee, by and through her counsel, for an order shortening time for notice under Federal Rule of Bankruptcy Procedure 9006(c)(1), and for cause shown, ORDERED as follows: 1. The time period required by Local Bankruptcy Rule for notice of hearing on the Motion by the United States Trustee for an order directing the appointment of a chapter 11 trustee pursuant to 11 U.S.C. 1104, is hereby shortened as set forth herein. 2. The hearing shall be conducted on the aforesaid Motion on January 9, 2012 at 2:00 p.m. before the Honorable Raymond T. Lyons, in the United States Bankruptcy Court, Clarkson S. Fisher U.S. Courthouse, 402 East State Street, Trenton, New Jersey True copies of this entered Order and the Motion directing the appointment of a chapter 11 trustee pursuant to 11 U.S.C shall be served upon the Debtor s counsel, the Committee s counsel and all parties that filed a notice of appearance in this case via electronic case filing, electronic mail or facsimile no later than, 2012 at m. 4. Any objections may be raised at the hearing or filed with the Court on or before, 2012 at m. 5. Court appearances will be required to prosecute said Motion and any objections.