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Case 12-02872-als11 Doc 491 Filed 09/05/13 Entered 09/05/13 13:16:44 Desc

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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF IOWA






Debtor and Debtor in Possession.


In Re:

NATURAL PORK PRODUCTION II,
LLP



PO Box 468
Harlan, IA 51537

EIN: 03-0480873



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Case No: 12-02872-als11

Chapter 11

Hon. Anita L. Shodeen

DEBTOR’S THIRD MOTION TO
EXTEND EXCLUSIVE PERIOD TO
FILE DISCLOSURE STATEMENT
AND PLAN OF REORGANIZATION

No Hearing Set

Natural Pork Production II, LLP, Debtor and Debtor in Possession in the above-entitled

Chapter 11 case herein, by and through its duly-employed General Reorganization Counsel,

Jeffrey D. Goetz, Esq. of the law firm of Bradshaw, Fowler, Proctor & Fairgrave, P.C., and

pursuant to Bankruptcy Code Section 1121(d) respectfully submits the instant motion for an

order extending the exclusive period by one hundred and twenty (120) days during which only

the Debtor may file a Disclosure Statement and Plan of Reorganization. In support of this

motion, the Debtor would state as follows:

1.

On September 11, 2012, the Debtor filed its Voluntary Petition under Chapter 11

of the Bankruptcy Code (the “Petition Date”). The Debtor is now duly acting as a Debtor in

Possession pursuant to Bankruptcy Code §§ 1107 and 1108.

2.

Bankruptcy Code § 1121(b) provides that the Debtor has the exclusive right to file

a Plan of Reorganization during the first 120 days after the Petition Date (hereinafter referred to as

the “Exclusive Period”). On January 9, 2013, and prior to expiration of the Exclusive Period, the

Debtor filed its first Motion to Extend Exclusive Period [Docket Item 243], seeking a one hundred

and twenty (120) day extension of the Exclusive Period. The Court entered its Order on February

Case 12-02872-als11 Doc 491 Filed 09/05/13 Entered 09/05/13 13:16:44 Desc

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27, 2013 [Docket Item 303] extending the Exclusive Period to May 9, 2013. On May 6, 2013, and

prior to the expiration of the Exclusive Period, the Debtor filed a Second Motion to Extend

Exclusive Period [Docket Item 394], seeking a one hundred and twenty (120) day extension of the

Exclusive Period. The Court entered its Order on May 29, 2013 [Docket Item 413] extending the

Exclusive Period to September 9, 2013.

3.

Bankruptcy Code § 1121(d) provides that the Debtor may request that the

Exclusive Period be extended, for cause, after notice and opportunity for hearing, provided such

request is made within the Exclusive Period, and therefore this Third Motion to Extend Exclusive

Period is timely filed.

4.

The Debtor would assert that it is current in all of its obligations under the

Bankruptcy Code and Rules, and the requirements of the Office of the United States Trustee in the

instant case.

5.

Much of the Debtor’s attention and that of its counsel, during the third 120 days of

this case were devoted primarily to sale of the properties held by the Debtor and three (3) of its

wholly owned subsidiaries. The Debtor continues to sell and otherwise liquidate its remaining

assets in an orderly manner.

6.

The Court is also aware that there are seven (7) pending adversary proceedings in

the case that seek resolution of several legal and factual issues that are fundamental, if not critical,

to the formulation of a disclosure statement and plan. Although the Debtor does not concede at

this time these matters must be resolved prior to its being able to prepare and submit a disclosure

statement and plan, it would be somewhat difficult to propose same.

7.

On December 7, 2012, four (4) wholly-owned subsidiaries of the Debtor filed their

own individual Chapter 11 cases. Although those cases are not currently jointly administered or



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substantively consolidated with the instant case, serious consideration will need to be given to the

status and future of those cases, in connection with the Debtor herein preparing and filing a

disclosure statement and plan.

8.

Based on the above facts and circumstances, the Debtor would assert that cause

exists for a short and reasonable third extension of the Exclusive Period.







Therefore, the Debtor respectfully requests the court enter an order:

A)

B)

Granting the Debtor’s motion;

Extending the Exclusive Period which ends on September 9, 2013, for one hundred

and twenty (120) days or to and including January 7, 2014; and



C)

For such other and further relief as the court may find just and equitable under the

circumstances.







Dated: 9/5/2013


























































Respectfully submitted,







/s/ Jeffrey D. Goetz
Jeffrey D. Goetz, Esq., IS# 9999366
Bradshaw Fowler Proctor & Fairgrave, PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
515/246-5817
515/246-5808 FAX
[email protected]

General Reorganization Counsel for
Natural Pork Production II, LLP
Debtor and Debtor in Possession




CERTIFICATE OF SERVICE: This document was served electronically on parties who receive electronic notice
through CM/ECF as listed on CM/ECF’s notice of electronic filing./s/


Barbara Warner





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