Case 13-06856-hb

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UNITED STATES BANKRUPTCY COURT DISTRICT OF SOUTH CAROLINA In re: Rosies of RH, LLC, Debtors. Case No. 13-06856-hb Chapter 11

OBJECTION OF UNITED STATES TRUSTEE TO DEBTORS MOTION TO ASSUME LEASE AND MEMORANDUM IN SUPPORT THEREOF The United States Trustee (the UST) files this objection and responds to the debtors motion to assume lease with Food Lion filed on November 18, 2013 (the Motion). The UST files this objection pursuant to the authority granted to her by 28 U.S.C. ' 586 and 11 U.S.C. ' 307. The grounds for this objection are: 1. The debtor filed for relief under chapter 11 of the United States Bankruptcy Code on November 15, 2013. The debtor did not file its schedules and statements at the time of the petition. The first meeting of creditors is scheduled for December 23, 2013. The Motion does not state whether the debtor is in default under the lease, whether the debtor has the ability to cure the default, whether the debtor has the ability to make the rental payments under the lease, or why the assumption is good business judgment by the debtor. 2. The UST is informed that the debtor is in arrears under the lease in the approximate amount of $15,845. The monthly rent payments are purported to be $4,143.75. The remaining term of the lease is through April 30, 2018. The debtor filed its schedules and statements on November 27, 2013. Food Lion is not listed as a creditor for the arrearage. Schedule B shows that Food Lion holds a $1,500 deposit and that the debtor has $1,200 in its bank account. It is not clear how the debtor would cure the arrearage. 3. The Motion lacks sufficient information to assess the relief requested. The case is in the early stages and the accuracy of the schedules and statements and 1

Case 13-06856-hb

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the creditors involved in the case have not been explored as the first meeting of creditors has not occurred at this time. The UST asks the Court to deny the relief requested by the debtor unless it adequately addresses the concerns raised herein.

JUDY A. ROBBINS UNITED STATES TRUSTEE REGION FOUR

By: /s/ Linda K. Barr Linda K. Barr, Id. 6284 Trial Attorney 1835 Assembly Street, Ste. 953 Columbia, SC 29201 (803) 765-5219 (803) 765-5260 (facsimile) linda.k.barr@usdoj.gov Date: 12-6-13

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CERTIFICATE OF SERVICE I, Linda K. Barr, do hereby certify that on December 6, 2013, I served the below-named documents upon the parties listed below by electronic mail and/or by electronic transmission through the Court=s Electronic Case Filing system to the participants thereof, to include:

OBJECTION OF UNITED STATES TRUSTEE TO DEBTORS MOTION TO ASSUME LEASE AND MEMORANDUM IN SUPPORT THEREOF CERTIFICATE OF SERVICE L. Showell Blades, IV David C. Kimball /s/ Linda K. Barr Linda K. Barr Trial Attorney Office of the United States Trustee 1835 Assembly Street, Ste. 953 Columbia, SC 29201 (803) 765-5219 linda.k.barr@usdoj.gov Date: 12-6-13