Ahern Rentals, Inc. v. Goldman Sachs Palmetto State Credit Fund, L.P. et al
Filing
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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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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In re:
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AHERN RENTALS, INC.,
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Debtor.
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_____________________________________ )
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AHERN RENTALS, INC.,
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Appellant,
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vs.
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GOLDMAN SACHS PALMETTO STATE
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CREDIT FUND, L.P., LIBERTY HARBOR
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MASTER FUND I, L.P., SPHERE CAPITAL, )
LLC - SERIES B, DEL MAR MASTER
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FUND LTD., FEINGOLD O’KEEFFE
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CAPITAL MANAGEMENT, LLC,
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NOMURA CORPORATE RESEARCH &
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ASSET MANAGEMENT INC., OCH-ZIFF )
CAPITAL MANAGEMENT GROUP,
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WAZEE STREET CAPITAL
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MANAGEMENT, LLC,
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Appellees.
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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
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“Debtor” or “Appellant”) for an order modifying the order entered by this Court on December 21,
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2012 (the “Stay Order”) (Docket No. 5); and due and sufficient notice of the Motion to Modify
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Stay Order having been given under the circumstances; and it appearing that no other or further
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notice need the provided; and upon the record herein; and it appearing that the relief requested by
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the Motion to Modify Stay Order is in the best interest of Debtor’s estate and creditors; and the
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Court having determined that sufficient cause exists to stay the effect of the Order Terminating
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the Debtor’s Exclusive Periods Pursuant to 11 U.S.C. § 1121(d) (the “Termination Order”),
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pursuant to which the United States Bankruptcy Court for the District of Nevada (the
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“Bankruptcy Court”) terminated the Debtor’s exclusive period for filing a plan of reorganization
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(the “Exclusive Plan Filing Period”) and the period for securing acceptance of the plan of
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reorganization (the “Exclusive Plan Solicitation Period,” and together with the Exclusive Plan
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Filing Period, the “Exclusive Periods”); and after due deliberation thereon and good and
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sufficient cause appearing therefor;
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IT IS HEREBY ORDERED THAT:
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1.
The Emergency Motion to Modify Stay Order (#18) is GRANTED.
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2.
The proceedings of the Chapter 11 Case, as related to the Exclusive Periods, the
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Debtor Plan and any competing plans, are stayed effective as of December 7, 2012.
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3.
The Termination Order shall be stayed pending further order of the court.
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4.
Notwithstanding any federal or local rule to the contrary, this Order shall take
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effect immediately upon its entry.
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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.
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IT IS SO ORDERED.
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DATED this 21st day of December, 2012.
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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
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