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Case 12-02872-als11 Doc 557 Filed 01/06/14 Entered 01/06/14 15:27:23 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 FOURTH 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 Fourteen (14) 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 557 Filed 01/06/14 Entered 01/06/14 15:27:23 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.

On September 5, 2013, and prior to the expiration of the Exclusive Period, the

Debtor filed a Third Motion to Extend Exclusive Period [Docket Item 491], seeking a one hundred

and twenty (120) day extension of the Exclusive Period. After notice and hearing held on October

22, 12013, the Court entered its Order on October 25, 2013 [Docket Item 535] extending the

Exclusive Period to January 7, 2014.

4.

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 Fourth Motion to Extend Exclusive

Period is timely filed.

5.

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.

6.

Pursuant to the Court’s admonition and direction to Debtor at the October 22nd

hearing, Debtor’s General Reorganization Counsel has been diligently devoting significant time

and resources to drafting both a Joint Disclosure Statement and Joint Liquidating Plan of

Reorganization, with the good-faith intent on filing same on or before January 7, 2014.

7.

Although significant progress has been made towards this goal, the Debtor is not

able to complete a Joint Disclosure Statement that will meet the requirements of Bankruptcy Code



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Section 1125 by the January 7, 2014 deadline.

8.

Notwithstanding the fact the case involves a “liquidating” debtor, there are several

complexities to the drafting, editing and finalizing of this Joint Disclosure Statement and Joint

Liquidating Plan of Reorganization, based on the desire to seek substantive consolidation of this

bankruptcy estate with the other Four (4) affiliated bankruptcy cases, and relatively unique relief

regarding technical tax issues, 12 classes of creditors and 2 classes of interests, and requiring the

input and consensus of all of the debtor’s duly-employed professionals.

9.

General Reorganization Counsel’s good-faith representation is that both the Joint

Disclosure Statement and Joint Liquidating Plan of Reorganization are between 80-85% complete,

and confidence is high that the Debtor will be able to file both pleadings within the next Fourteen

(14) days.

10.

Considering the significant progress made and the Debtor’s desire to retain

exclusivity, the Debtor would assert that cause exists for a short and reasonable fourth 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 January 7, 2014, for Fourteen (14)

days or to and including January 21, 2014; and



C)

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

circumstances.







Dated: 1/6/2014

































Respectfully submitted,

/s/ Jeffrey D. Goetz
Jeffrey D. Goetz, Esq., IS# 9999366
Bradshaw Fowler Proctor & Fairgrave, PC
801 Grand Avenue, Suite 3700









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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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