Objection Notice filed by U.S. Trustee Vs. David's Steak and Spirits - Manager Charles R Lance

8/13/2019 Objection Notice filed by U.S. Trustee Vs. David's Steak and Spirits - Manager Charles R Lance

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UNITED STATES BANKRUPTCY COURT

DISTRICT OF SOUTH CAROLINA

In re:

Rosies of RH, LLC,

Debtors.

Case No. 13-06856-hbChapter 11

OBJECTION OF UNITED STATES TRUSTEE TO DEBTORS MOTION

TO ASSUME LEASE AND MEMORANDUM IN SUPPORT THEREOF

The United States Trustee (the UST) files this objection and responds to the debtors

motion to assume lease with Food Lion filed on November 18, 2013 (the Motion). The UST

files this objection pursuant to the authority granted to her by 28 U.S.C. '586 and 11 U.S.C. '307.

The grounds for this objection are:

1. The debtor filed for relief under chapter 11 of the United States BankruptcyCode on November 15, 2013. The debtor did not file its schedules andstatements at the time of the petition. The first meeting of creditors isscheduled for December 23, 2013.

The Motion does not state whether the debtor is in default under the lease,whether the debtor has the ability to cure the default, whether the debtor has theability to make the rental payments under the lease, or why the assumption isgood business judgment by the debtor.

2. The UST is informed that the debtor is in arrears under the lease in theapproximate amount of $15,845. The monthly rent payments are purported tobe $4,143.75. The remaining term of the lease is through April 30, 2018.

The debtor filed its schedules and statements on November 27, 2013. Food

Lion is not listed as a creditor for the arrearage. Schedule B shows that FoodLion holds a $1,500 deposit and that the debtor has $1,200 in its bank account.It is not clear how the debtor would cure the arrearage.

3. The Motion lacks sufficient information to assess the relief requested. Thecase is in the early stages and the accuracy of the schedules and statements and

Case 13-06856-hb Doc 11 Filed 12/06/13 Entered 12/06/13 14:51:07 Desc MainDocument Page 1 of 3


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the creditors involved in the case have not been explored as the first meeting ofcreditors has not occurred at this time.

The UST asks the Court to deny the relief requested by the debtor unless it adequately

addresses the concerns raised herein.

JUDY A. ROBBINSUNITED STATES TRUSTEEREGION FOUR

By: /s/ Linda K. BarrLinda K. Barr, Id. 6284Trial Attorney

1835 Assembly Street, Ste. 953Columbia, SC 29201(803) 765-5219(803) 765-5260 (facsimile)[email protected]

Date: 12-6-13



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CERTIFICATE OF SERVICE

I, Linda K. Barr, do hereby certify that on December 6, 2013, I served the below-nameddocuments upon the parties listed below by electronic mail and/orby electronic transmissionthrough the Court=s Electronic Case Filing system to the participants thereof, to include:

OBJECTION OF UNITED STATES TRUSTEE TO DEBTORS MOTION TO

ASSUME LEASE AND MEMORANDUM IN SUPPORT THEREOF

CERTIFICATE OF SERVICE

L. Showell Blades, IVDavid C. Kimball

/s/ Linda K. Barr

Linda K. BarrTrial AttorneyOffice of the United States Trustee1835 Assembly Street, Ste. 953Columbia, SC 29201(803) [email protected]

Date: 12-6-13


Objection Notice filed by U.S. Trustee Vs. David's Steak and Spirits - Manager Charles R Lance

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