Opinion
Case No. 10-22702-NVA.
March 18, 2011
HARRIS BEACH PLLC, Kelly C. Griffith, Esq., Syracuse, NY, Attorneys for Bond Safeguard Insurance Co. and Lexon Insurance Co.
Alan M. Grochal, Esq., Bar No. 01447, Tydings and Rosenberg LLP, Baltimore, MD, Attorneys for Dayton Oaks, LLC.
STIPULATION AND ORDER EXTENDING TIME FOR BOND SAFEGUARD INSURANCE CO. AND LEXON INSURANCE CO. TO FILE PROOF OF CLAIM
WHEREAS, on or about June 6, 2010 (the "Petition Date"), Dayton Oaks, LLC (the "Debtor") filed a voluntary Chapter 11 Petition under Title 11 of the United States Code (the "Bankruptcy Code"); and WHEREAS, pursuant to the Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors Deadlines filed in this case by the Clerk on or about June 7, 2010 at docket no. 5 ("Bankruptcy Case Notice"), October 12, 2010 was set as the deadline for creditors to file proofs of claim in this case; and
WHEREAS, it appearing that Bond Safeguard Insurance Co. and Lexon Insurance Co. (collectively, the "Creditors") were not listed as creditors of the Debtor, or otherwise received notice of the Debtor's bankruptcy case; and
WHEREAS, based on the fact that the Creditors were not listed in the Debtor's schedules, they did not receive the Bankruptcy Case Notice; and
WHEREAS, the Debtor has agreed to extend the time of the Creditors to file proofs of claim against the Debtor until March 25, 2011;
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned:
1. That the time for the Creditors to file a proof of claim is extended through and including March 25, 2011; and
2. If the Creditors file a proof(s) of claim against the Debtor by March 25, 2011, such proof(s) of claim shall be deemed timely filed.
3. The Debtor reserves all rights to object to such proof(s) of claim filed by the Creditors on any substantive grounds.
Dated: March 16, 2011
Certification Pursuant to Admin. Order 03-02, Ex. A, Sec. V.B.1
I HEREBY CERTIFY that the terms of the copy of the foregoing consent order submitted to the Court are identical to those set forth in the original consent order; and the signatures represented by the /s/ on this copy reference the signatures of consenting parties on the original consent order.