IN RE ESCAPE AWAY SPA

ERIC FRANK, Bankruptcy Judge

AND NOW, upon consideration of the bankruptcy petition filed by Escape Away Spa on February 23, 2009,

AND, the Debtor appearing to be a corporation,

AND, by virtue of federal law, e.g., 28 U.S.C. § 1654, courts having held that a corporation must appear in a federal court through counsel and may not appear pro se, see, e.g., Palazzo v. Gulf Oil Corp., 764 F. 2d 1381, 1385-86 (11^th Cir. 1985), reh'g denied, 775 F.2d 304 (11^th Cir. 1985), cert. denied, 474 U.S. 1058 (1986); Simbraw, Inc. v. United States, 367 F.2d 373, 374-75 (3d Cir. 1966); Turner v. American Bar Association, 407 F. Supp. 451, 476 (N.D. Tex 1975), aff'd, 539 F. 2d 715 (7^th Cir. 1976);In re Earle Industries, Inc., 67 B.R. 822, 823 (Bankr. E.D.Pa 1986); Fed R. Bankr.P 9010(a), Advisory Committee Note 1983 ("[t]his rule . . . does not purport to change prior holdings prohibiting a corporation from appearing pro se"). See also United States v. Cocivera, 104 F.3d 566, 572 (3d Cir. 1996),

AND, 11 U.S.C. § 327(a) authorizing a chapter 11 debtor-in-possession to employ one or more attorneys and other professionals,

AND, since the filing of the bankruptcy petition no application for employment of counsel having been filed by the Debtor,

It is therefore ORDERED that a hearing shall be held to consider whether this bankruptcy case shall be dismissed due to the failure of the Debtor to be represented by counsel. The hearing shall be held on March 11, 2009 at 11:00 a.m. , in Bankruptcy Courtroom No. 1, U.S. Courthouse, 900 Market Street, Philadelphia, PA 19107.