Case SCS Doc 10 Filed 03/01/12 Entered 03/01/12 15:33:24 Desc Main Document Page 1 of 6

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1 Document Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA NEWPORT NEWS DIVISION In re: ) Case No SCS ) LORTECH RUBBER INC., ) Chapter 15 ) Debtor in a Foreign Proceeding. ) MOTION FOR EXPEDITED HEARING AND TO SHORTEN THE NOTICE PERIOD ON THE MOTION FOR INTERIM RELIEF PURSUANT TO 11 U.S.C Lortech Rubber Inc. ( Lortech ), an insolvent company under the Bankruptcy and Insolvency Act in Canada, by counsel, hereby moves for an expedited hearing and to shorten the required notice period pursuant to Rule 9006(c) of the Federal Rules of Bankruptcy Procedure to consider the Motion for Interim Relief Pursuant to 11 U.S.C (the Motion ). Lortech states the following as the basis for the relief sought herein: 1. Ferguson Enterprises, Inc. ( Ferguson ), filed suit in the United States District Court for the Eastern District of Virginia, Newport News Division, Case No. 4:11-cv-160, alleging breach of warranty, breach of contract and indemnity regarding Lortech s sale of certain gaskets (the Ferguson Lawsuit ). Lortech, suspecting further suits to be filed in the United States and Canada, filed a bankruptcy proceeding on February 3, 2012 (the Canadian Proceeding ) under the Bankruptcy and Insolvency Act (the BIA ). 2. Under the BIA, Lortech has submitted a proposal of reorganization (the

2 Document Page 2 of 6 Proposal ) to its creditors which was originally set for February 24, 2012 in Brantford, Ontario before the appointed trustee and has been since continued to March 7, On February 23, 2012, Lortech filed a Verified Petition and Motion for Recognition of a Foreign Main Proceeding (the Motion for Recognition ) in this Court seeking recognition of the Canadian Proceeding under the BIA as a foreign main proceeding pursuant to 1521 of Bankruptcy Code, with the attendant protections, including the automatic stay pursuant to 362 of Bankruptcy Code. The hearing on the Motion for Recognition is set for April 13, Since the filing of the Motion for Recognition, Ferguson has indicated that it will take steps to compel discovery in the Ferguson Lawsuit and continue that action notwithstanding the stay granted under the BIA or this Chapter 15 filing. Accordingly, Lortech requests immediate consideration of the Motion, preferably prior to the continued meeting in the Canadian Proceeding scheduled for March 7, A certification as required under the Local Rules is made a part of this Motion. Waiver of Memorandum of Points and Authorities 6. Lortech respectfully requests that this Court treat this Motion as a written memorandum of points and authorities or waives any requirement that this Motion be accompanied by a written memorandum of points and authorities as described in Local Bankruptcy Rule (G). WHEREFORE, Lortech requests the Court to grant an expedited hearing and shorten the required notice period on the Motion as set forth herein, and to award any further relief the Court deems proper

3 Document Page 3 of 6 LORTECH RUBBER INC. By: /s/ Kimberly A. Pierro

4 Document Page 4 of 6 CERTIFICATION REGARDING REQUEST FOR EXPEDITED HEARING In support of the request for an expedited hearing as required by Local Bankruptcy Rule (N), I certify that: 1. I have carefully examined this matter and have concluded that there is a true need for an emergency hearing. 2. I have not created the emergency through the lack of diligence. 3. A bona fide effort to resolve the matter without a hearing has been made. LORTECH RUBBER INC. By: /s/ Kimberly A. Pierro

5 Document Page 5 of 6 NOTICE OF MOTION Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult one). If you do not want the court to grant the relief sought, you must do the following: 1. You must file with the court a written response immediately as an expedited hearing is being requested. Your mailing should be directed to: Clerk of the Court United States Bankruptcy Court 600 Granby Street, Room 400 Norfolk, Virginia You must also mail a copy to: Kimberly A. Pierro, Esq. Kutak Rock, LLP Richmond, VA An expedited hearing is being requested. You will receive a separate notice of hearing. You must also attend the hearing in addition to filing a written response. If you fail to file timely a written response and to attend the hearing, the Court may consider any objection you may have waived and enter an Order granting the relief requested. LORTECH RUBBER INC. By: /s/ Kimberly A. Pierro

6 Document Page 6 of 6 CERTIFICATE OF SERVICE Pursuant to the Local Rules of this Court, I hereby certify under penalty of perjury that on March 1, 2012 a true copy of this document was served on all necessary parties, to the debtor, United States Trustee, and all creditors, via the Court s ECF System or first class mail postage prepaid and by to counsel listed below. Thomas A. Clare, P.C. Kirkland & Ellis LLP th Street, N.W th Floor Washington D.C thomas.clare@kirkland.com for Ferguson Enterprises, Inc. /s/ Kimberly A. Pierro