Debtor Files Emergency Motion to Enforce Automatic Stay Against Receiver

On February 15, 2013, the Debtor filed an Emergency Motion to Enforce the Automatic Stay and Request for Expedited Hearing (“Emergency Motion”) with respect to the efforts of the previously-appointed pre-petition Receiver, Mark E. Dottore (“Receiver”), to collect its fees from RBS in the Northern District of Ohio.  The Debtor argues in part that the Receiver’s efforts violate the stay to the extent that RBS may then charge those fees back to the Debtor on account of its loan obligations.

On February 20, 2013, the Receiver filed a response indicating in part that it had specific authority from the Bankruptcy Court to proceed against RBS, and that such actions do not constitute a violation of the stay protecting the Debtor.  An expedited hearing has been scheduled for Friday, February 22, 2013 at 10am, with responses due by February 21, 2013 at 12pm.