In re Asmar

Thomas J. Tucker

On September 12, 2013, the Court entered an Interim Cash Collateral Order (Docket # 49 in Case No. 13-54218), which provided, in paragraph 13, that: "The Debtor must, within 24 hours following the entry of this Order, serve copies of this Order upon all creditors and interested parties in this bankruptcy case pursuant to Fed. R. Bankr. Pro. 4001(d)."

On October 3, 2013, Debtor filed a Certificate of Service (Docket # 52 in Case No. 13-54218), which shows that the Debtor did not serve the Interim Cash Collateral Order until October 3, 2013. That tardy service made it impossible for at least some of the creditors to object to the Interim Cash Collateral Order within 14 days of its entry, which is the objection deadline stated in the last paragraph of the Interim Cash Collateral Order (Docket # 49 in Case No. 13-54218 at 11).

Because of Debtor's failure to comply with the service requirement in the Interim Cash Collateral Order,

IT IS ORDERED that: 1. The Interim Cash Collateral Order (Docket # 49 in Case No. 13-54218) is vacated. 2. The adjourned final hearing on the Interim Cash Collateral Order, currently scheduled for October 16, 2013, is cancelled.

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Thomas J. Tucker

United States Bankruptcy Judge