Case 18-04259 Doc 14 Filed 02/23/18 Entered 02/23/18 14:52:20 Desc Main

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UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

In Re: ) Chapter 11 Proceeding

)
Philip Tadros, ) Case No. 18-04259
dba Doe Jo LLC )
dba Bow and Truss LLC, )
)
Debtor. ) Hon. Carol A. Doyle

NOTICE OF MOTION

PLEASE TAKE NOTICE that on Wednesday, March 7, 2018, at 10:00 AM, I shall
appear before the Honorable Carol A. Doyle, Bankruptcy Judge in Courtroom 742, at the
Dirksen Federal Courthouse, 219 South Dearborn Street, Chicago, Illinois, or before any other
Bankruptcy Judge who may be sitting in her place and shall present a MOTION TO DISMISS
CHAPTER 11 CASE AND FOR SHORTENED NOTICE, a copy of which is attached hereto
and is herewith served upon you.

/s/ Kimberly Bacher

Kimberly Bacher, Attorney
OFFICE OF THE U.S. TRUSTEE
219 S. Dearborn Street, Room 873
Chicago, Illinois 60604
(312) 353-5014

CERTIFICATE OF SERVICE

I, Kimberly Bacher, an attorney, state that on February 23, 2018, pursuant to Local Rule
9013-1(D) the above NOTICE OF MOTION and the MOTION TO DISMISS CHAPTER 11
CASE AND FOR SHORTENED NOTICE were filed and served on all parties identified as
Registrants on the Service List below through the Court’s Electronic Notice for Registrants and,
as to all other parties on the service list below, I caused a copy to be sent via First Class Mail to
the address(es) indicated.

/s/ Kimberly Bacher

SERVICE LIST

Registrants Served Through the Court’s Electronic Notice for Registrants:

Jason Frye jfrye@ngelaw.com Brian P Welch bwelch@burkelaw.com

Alexander D. Marks amarks@burkelaw.com David K Welch dwelch@burkelaw.com
Robert Radasevich rradasevich@ngelaw.com
 Case 18-04259 Doc 14 Filed 02/23/18 Entered 02/23/18 14:52:20
AMERICAN CAPDesc Main
FIN SERVICES
Parties Served via First Class Mail:
Document Page 2 of 4 2015 Ogden Ave
Lisle, IL 60532-1539

AMERICAN EXPRESS AMERICAN PACKG CAP BIZ CAPITAL BIDCO

4315 S. 2700 W 391 DIABLO ROAD 909 Poydras St
Salt Lake City, UT 84184-0002 SUITE C New Orleans, LA 70112-4003
Danville, CA 94526-3450

BOND STREET CHASE AUTO LOAN COMENITY CAPITAL

515 Greenwood St PO Box 901003 PO Box 183003
NY, NY 10013 Fort Worth, TX 76101-2003 Columbus, OH 43218-3003

DAVID FREEDMAN FIRST US FUNDING KING CASH

135 S LaSalle 36-36 33RD St 2 University Plaza
Chicago, IL 60603-4177 #306 Hackansack, NJ 07601-6202
Queens, NY 11106-2329

LEAF CAP FUNDING NATIONAL FUNDING PINNACLE CAPITAL

2005 Market St 9820 TOWNE CENTER DRIVE PO BOX 1817
Philadelphia, PA 19103-7042 San Diego, CA 92121-1944 TACAMA, WA 98401-1817

SEARS/CNBA SOUTHWEST VISA STATE FARM

PO Box 6082 PO Box 36674 202 E Hamilton RD
Sioux Falls, SD 57117-6082 Dallas, TX 75235 Bloomington, IL 61704-7522

STRATEGIC FUNDING SOURCE TIME PAYMENT UNITED AIRLINES VISA

120 W 45th St 1600 District Ave PO Box 06649
NY, NY 10036-4062 Burlington, MA 01803-5234 Chicago, IL 60606-0649

Philip Tadros
13404 Edinburgh
Palos Heights, IL 60463-2762
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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

In Re: ) Chapter 11 Proceeding

)
Philip Tadros, ) Case No. 18-04259
dba Doe Jo LLC )
dba Bow and Truss LLC, )
)
Debtor. ) Hon. Carol A. Doyle

MOTION TO DISMISS CHAPTER 11 CASE AND FOR SHORTENED NOTICE

NOW COMES PATRICK S. LAYNG, the United States Trustee for the Northern District

of Illinois (the "U.S. Trustee"), by his attorney, Kimberly Bacher, and moves this Court to enter

an order dismissing the Chapter 11 case of Philip Tadros, dba Doe Jo LLC and dba Bow and

Truss LLC (the “Debtor”) and for other relief pursuant to 11 U.S.C. § 1112(b). In support of

this motion, the U.S. Trustee respectfully states as follows:

1. This is a core proceeding under Title 28, Section 157(b)(2)(A) of the United

States Code which this Court may hear and determine under IOP15(a) of the United States

District Court for the Northern District of Illinois.

Venue of this case in this District is proper pursuant to 28 U.S.C. §§ 1408 and 1409.

2. The U.S. Trustee has standing to file the Motion under 11 U.S.C. § 307 and 28

U.S.C. § 586(a)(3).

3. Movant is the United States Trustee for the Northern District of Illinois.

4. The Debtor filed the petition pro se and designated Doe Joe LLC and Bow and

Truss LLC as the Debtor’s “dba’s.”

1
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5. Although the Debtor represented in its petition that it is doing business as two

separate corporations (Doe Jo LLC and Bow and Truss LLC), the Debtor filed its petition

without legal counsel. A copy of the petition, attached hereto as Exhibit A, shows that the

petition was filed pro se by Philip Tadros.

6. As a corporation cannot appear pro se, the filing of the instant case by Philip

Tadros constitutes the unauthorized practice of law and renders the filing of this case null and

void. In re Video Systems Design & Sales, Inc., 129 B.R. 196 (Bankr.W.D.Mo. 1991); see also

In re Tivoli Gardens, Inc., 1999 WL 984392 (N.D. Ill. 1999), appeal dismissed, November 12,

1999. Additionally, two limited liability corporations cannot file a joint petition. Accordingly,

this case should be dismissed.

7. The U.S. Trustee requests that this motion be heard on shortened notice. Given

the infirmity in the Debtor’s petition caused by lack of counsel and the fact that this motion has

been served on the Debtor and all known creditors, the U.S. Trustee requests that this Court find

notice of this request adequate and dismiss this case instanter.

WHEREFORE, the United States Trustee requests this Court to enter an order limiting

to notice that given and dismissing this Chapter 11 case instanter and for such other relief as is

just.

RESPECTFULLY SUBMITTED:
PATRICK S. LAYNG
UNITED STATES TRUSTEE

DATED: February 23, 2018 By: /s/ Kimberly Bacher

Kimberly Bacher, Attorney
OFFICE OF THE U.S. TRUSTEE
219 S. Dearborn St., Room 873
Chicago, Illinois 60604
312-353-5014