You're viewing Docket Item 51 from the case Marilyn Fessler. View the full docket and case details.

Download this document:




UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

In re:

Marilyn Fessler










Debtor.
______________________________/




















Case No. 11-53376
Chapter 13
Honorable Steven W. Rhodes


EX-PARTE JOINT MOTION TO ADJOURN EVIDENTIARY HEARING AND



RELATED DATES



Marilyn E. Fessler through her counsel, Charles J. Taunt & Associates, PLLC and

Belfor USA Group, Inc., through their counsel Jaffe, Raitte, Heuer & Weiss, PC hereby

file this Ex-Parte Joint Motion to Adjourn Evidentiary Hearing and Related Dates in

support thereof state as follows:

1.

On May 10, 2011, Marilyn E. Fessler filed a voluntary petition for relief

under Chapter 13 of the Bankruptcy Code (the “Petition Date”).

2.

On July 20, 2011, Belfor USA Group, Inc. filed a Motion to Dismiss

Debtor’s Bankruptcy Case Pursuant to 11 U.S.C. § 1307.

3.

On September 15, 2011 the Order upon Stipulation to Adjourn Evidentiary

Hearing, Adjourn Confirmation of Plan Hearing and Extend Time for Belfor USA Group,

Inc. to file an Objection to Debtor’s Discharge or to Challenge Dischargability of Certain

Debts was entered to allow time for settlement discussions.

4.

The parties have been undertaking negotiations regarding settlement of

this matter. Ironically, Erika D. Hart and Jonathan C. Myers, the two attorneys handling

the instant matter before the Bankruptcy Court, both represent different defendants in the

same litigation involving multimillion dollar guaranties with trial set for November 21,

11-53376-swr Doc 51 Filed 10/27/11 Entered 10/27/11 11:10:33 Page 1 of 5

22 and 23 of this year in Oakland County Circuit Court. For this and other reasons, the

parties have agreed that an extension of the deadlines in this case would potentially allow

for meaningful settlement discussions to continue.

The parties have contacted the office for the Chapter 13 Trustee in this case,

which has indicated that it cannot stipulate to a second adjournment, but did not object

and provided respective adjourned dates.

As such, the parties request that the following dates be amended as follows:

a.

The Evidentiary Hearing is adjourned from November 3, 2011 at

9:30 am to December 8, 2011 at 9:30 am.

b.

The Chapter 13 Confirmation Hearing will be adjourned from

November 16, 2011 at 9:00 am to December 21, 2011 at 9:00 am.

c.

The Deadline for Belfor USA Group, Inc. to file an Objection to

Debtor’s Discharge or to Challenge Dischargability of Certain Debts will be adjourned

from November 10, 2011 to December 15, 2011.

5.

All parties have agreed that the adjournment of dates proposed herein is

appropriate and file this joint motion seeking entry of an order to this effect.



WHEREFORE, Marilyn E. Fessler and Belfor USA Group, Inc., through their

respective counsel request that the Court grant the relief requested herein.

CHARLES J. TAUNT & ASSOCIATES, PLLC

By: /s/ Erika D. Hart

Attorney for Debtor

700 E. Maple Road, 2nd Floor

Birmingham, MI 48009

(248) 644-7800


[email protected]
(P67457)























JAFFE, RAITT, HEUER & WEISS

By: /s/ Jonathan C. Myers
Attorney for Belfor USA Group
27777 Franklin Rd., Suite 2500
Southfield, Michigan 48034-8214
248-351-3000
[email protected]
(P69972)



11-53376-swr Doc 51 Filed 10/27/11 Entered 10/27/11 11:10:33 Page 2 of 5

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

In re:

Marilyn Fessler










Debtor.
______________________________/




















Case No. 11-53376
Chapter 13
Honorable Steven W. Rhodes




EX-PARTE JOINT MOTION ORDER ADJOURNING EVIDENTIARY

HEARING AND RELATED DATES

This matter having come before the Court upon the Ex-Parte Joint Motion to




Adjourn Evidentiary Hearing and Related Dates, the Court finding cause to grant the

relief requested, and otherwise being fully advised of the premises, IT IS ORDERED:

1.

The Evidentiary Hearing is adjourned from November 3, 2011 at 9:30 am

to December 8, 2011 at 9:30 am.

2.

The Chapter 13 Confirmation Hearing will be adjourned from November

16, 2011 at 9:00 am to December 21, 2011 at 9:00 am.

3.

The Deadline for Belfor USA Group, Inc. to file an Objection to Debtor’s

Discharge or to Challenge Dischargability of Certain Debts will be adjourned from

November 10, 2011 to December 15, 2011.














11-53376-swr Doc 51 Filed 10/27/11 Entered 10/27/11 11:10:33 Page 3 of 5

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

In re:

Marilyn Fessler,










Debtor.
______________________________/





















Case No. 11-53376
Chapter 13
Honorable Steven W. Rhodes






AFFIDAVIT OF ERIKA D. HART, ESQ. IN SUPPORT OF EX-PARTE

JOINT MOTION TO ADJOURN EVIDENTIARY HEARING AND

RELATED DATES

1.

I, Erika D. Hart, of Charles J. Taunt & Associates, PLLC am counsel for

Debtor Marilyn Fessler in this pending Chapter 13 case.

2.

Myself and Jonathan Myers, Esq. of Jaffe, Raitt, Heuer & Weiss, counsel

for Belfor USA Group, Inc. in this matter, are counsel for separate defendants in the

consolidated cases of Dime, LLC v. Basim Binno et al., Case No. 09-106477-CK,

Oakland Country Circuit Court and Dime, LLC v. Griswold Building, LLC et al., Case

No. 09-106478-CK, Oakland County Circuit Court, respectively. These matters are set

for a consolidated trial before Judge Edward Sosnick on November 21, 22, and 23, 2011.

3.

In addition, Ms. Fessler and Belfor USA Group, Inc. have been engaged in

settlement discussions, through their respective counsel, and further adjournment of the

pending evidentiary hearing would allow for additional meaningful settlement

discussions which may obviate the need for an evidentiary hearing in this case.

4.

Given the looming trial on multimillion dollar guaranty liability in

Oakland County Circuit Court involving both attorneys of record, as well as the potential

11-53376-swr Doc 51 Filed 10/27/11 Entered 10/27/11 11:10:33 Page 4 of 5

for settlement in this case, I believe an adjournment of the evidentiary hearing and related

CHARLES J. TAUNT & ASSOCIATES, PLLC



dates is appropriate.









Dated: October 27, 2011























/s/ Erika D. Hart
Attorney for Debtor
700 East Maple Road, Second Floor





Birmingham, MI 48009

(248) 644-7800
[email protected]
(P67457)





Subscribed and sworn to before me
this 27 October 2011
/s/ Sandra DeWitte
Notary Public
Oakland County, Michigan, Acting in
Oakland County, Michigan
My commission expires: 11/03/2013









11-53376-swr Doc 51 Filed 10/27/11 Entered 10/27/11 11:10:33 Page 5 of 5