Case 13-06856-hb

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF SOUTH CAROLINA IN RE: ROSIES OF RH, LLC, a Colorado Corporation d/b/a DAVIDS STEAK AND SPIRITS, Debtor. ORDER DISMISSING CASE THIS MATTER came on to be heard before the Court on January 10, 2014 upon the Motion to Dismiss Petition [D.E. 15] (the Motion) filed by Food Lion, LLC (Food Lion). Food Lion seeks entry of an order pursuant to Bankruptcy Code1 1112(b) dismissing this Chapter 11 case filed by Debtor Rosies of RH, LLC (the Debtor) on November 15, 2013. After consideration of the record before the Court and the presentation made to the Court, the Court finds and concludes that this Chapter 11 case should be dismissed and further finds and concludes as follows: 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334. Case No. 13-06856-HB Chapter 11

This matter is a core proceeding within the meaning of 28 U.S.C. 157 (b)(2)(A) and (O). Venue is proper pursuant to 28 U.S.C. 1408 and 1409. 2. 1112(b). 3. Due, timely, adequate and sufficient notice of the Motion has been given to The statutory predicate for relief sought in the Motion is Bankruptcy Code

the proper parties in interest in accordance with all applicable provisions of the Bankruptcy

Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion.

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Code, the Bankruptcy Rules, the Local Rules of this Court and such Orders of this Court as may be applicable. 4. 5. The Debtor filed its Objection to the Motion on December 23, 2013 [D.E. 22]. Rewards Network Establishment Services Inc. (Rewards Network) filed its

Objection to the Motion on January 9, 2014 [D.E. 28]. 6. Any and all objections to the Motion and to the relief requested therein are hereby

overruled on the merits. 7. In its late-filed Objection, Rewards Network objected to the dismissal of the case,

requesting that the Court convert the case to Chapter 7. The request for conversion was not in the form of a properly-noticed motion. Even if it were, there is no evidence before the Court from which the Court can conclude that the best interests of creditors would be served by a conversion of this case. 8. Due to its inability to promptly cure pre-petition and post-petition occupancy-

related arrearages owed to Food Lion under the Lease, the Debtor has recently acknowledged that a reorganization plan in this case is simply not feasible and no reasonable likelihood of rehabilitation exists. Thus, under the circumstances presented, cause exists to dismiss this Chapter 11 case under 11 U.S.C. 1112(b)(1) and (4)(A). Such dismissal shall be with

prejudice, and the Debtor shall be barred from filing any further petition seeking bankruptcy protection for a period of one year following the entry of this Order. THEREFORE, IT IS HEREBY ORDERED: A. The Motion is granted;

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B.

On or before January 20, 2014, but in any event before this case is closed, the

Debtor shall file a monthly operating report of income and expenses through December 31, 2013 in form and substance satisfactory to the Office of the United States Trustee for this District; C. D. This case is hereby dismissed with prejudice; and The Debtor is hereby barred from filing, and is hereby ordered not to file, any

petition for relief under the Bankruptcy Code for a period of one year following the entry of this Order.

_________________________________ Honorable Helen Elizabeth Burris U.S. Bankruptcy Judge District of South Carolina

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