Ahern Rentals, Inc. v. Goldman Sachs Palmetto State Credit Fund, L.P. et al

Filing 21

ORDER granting 18 Motion to Stay. See order for specifics. Signed by Judge Larry R. Hicks on 12/21/12. (Copies have been distributed pursuant to the NEF - EM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 In re: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ) ) AHERN RENTALS, INC., ) ) Debtor. ) _____________________________________ ) ) AHERN RENTALS, INC., ) ) Appellant, ) vs. ) ) GOLDMAN SACHS PALMETTO STATE ) CREDIT FUND, L.P., LIBERTY HARBOR ) MASTER FUND I, L.P., SPHERE CAPITAL, ) LLC - SERIES B, DEL MAR MASTER ) FUND LTD., FEINGOLD O’KEEFFE ) CAPITAL MANAGEMENT, LLC, ) NOMURA CORPORATE RESEARCH & ) ASSET MANAGEMENT INC., OCH-ZIFF ) CAPITAL MANAGEMENT GROUP, ) WAZEE STREET CAPITAL ) MANAGEMENT, LLC, ) ) Appellees. ) ) 3:12-cv-00676-LRH-VPC BK-N-11-53860 (BTB) Chapter 11 ORDER MODIFYING STAY ORDER Upon the motion (the “Motion to Modify Stay Order”) of the Ahern Rentals, Inc. (the 22 “Debtor” or “Appellant”) for an order modifying the order entered by this Court on December 21, 23 2012 (the “Stay Order”) (Docket No. 5); and due and sufficient notice of the Motion to Modify 24 Stay Order having been given under the circumstances; and it appearing that no other or further 25 notice need the provided; and upon the record herein; and it appearing that the relief requested by 26 the Motion to Modify Stay Order is in the best interest of Debtor’s estate and creditors; and the 27 Court having determined that sufficient cause exists to stay the effect of the Order Terminating 28 the Debtor’s Exclusive Periods Pursuant to 11 U.S.C. § 1121(d) (the “Termination Order”), 1 pursuant to which the United States Bankruptcy Court for the District of Nevada (the 2 “Bankruptcy Court”) terminated the Debtor’s exclusive period for filing a plan of reorganization 3 (the “Exclusive Plan Filing Period”) and the period for securing acceptance of the plan of 4 reorganization (the “Exclusive Plan Solicitation Period,” and together with the Exclusive Plan 5 Filing Period, the “Exclusive Periods”); and after due deliberation thereon and good and 6 sufficient cause appearing therefor; 7 IT IS HEREBY ORDERED THAT: 8 1. The Emergency Motion to Modify Stay Order (#18) is GRANTED. 9 2. The proceedings of the Chapter 11 Case, as related to the Exclusive Periods, the 10 Debtor Plan and any competing plans, are stayed effective as of December 7, 2012. 11 3. The Termination Order shall be stayed pending further order of the court. 12 4. Notwithstanding any federal or local rule to the contrary, this Order shall take 13 14 15 effect immediately upon its entry. 5. A status hearing shall be held on Friday, January 11, 2013 at 10:00 am before the Honorable Larry R. Hicks in Courtroom Number 5, Reno, Nevada. 16 17 IT IS SO ORDERED. 18 DATED this 21st day of December, 2012. 19 _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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