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2017-04-11_GENERAL DOCUMENTS - P2009018
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2017-04-11_GENERAL DOCUMENTS - P2009018
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Last modified
12/18/2020 6:57:38 PM
Creation date
4/12/2017 10:55:15 AM
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DRMS Permit Index
Permit No
P2009018
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
4/11/2017
Doc Name
Order Dismissing Case
From
US Bankruptcy Court for the District of CO
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DRMS
Email Name
LJW
Media Type
D
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No
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DRMS Re-OCR
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Signifies Re-OCR Process Performed
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M=;98�82 RECEIVED <br /> -00"l 8 5 <br /> P-2009-0� UNITED STATES BANKRUPTCY COURT <br /> P-2012-007 FOR THE DISTRICT OF COLORADO APR 11 ; 17 <br /> P-1988-021 Bankruptcy Judge Thomas B. McNamara <br /> P-2007-067 DIVISION OF RECLAMATION <br /> In re: MINING AND SAFETY <br /> Bankruptcy Case No. 15-18720 TBM <br /> RED ARROW GOLD CORPORATION Chapter 11 <br /> Debtor. <br /> ORDER DISMISSING CASE <br /> On February 28,2017,in the Court's "Order on Debtors' Status Report and Setting Deadline to File <br /> Chapter 11 Plan and Disclosure Statement"(Docket No. 148),the Court ordered,pursuant to I 1 U.S.C. <br /> § 105(d)(2)(13)(1), "that the Debtor shall file a Chapter 11 Plan and Disclosure Statement by March 31,2017. <br /> Failure to file a Chapter 11 Plan and disclosure Statement by March 31,2017,may constitute grounds for <br /> dismissal of the case without further notice to the Debtor." On the same day,in its`Notice of Requirement to <br /> Obtain Legal Counsel,"the Court reminded the Debtor that pursuant to L.B.R. 9010-1 and binding legal precedent, <br /> "the Debtor must retain counsel to represent it,and counsel must enter an appearance in the Debtor's case." The <br /> Court further warned, "Failure to do so by March 31,2017,may constitute grounds for the dismissal of the <br /> case without further notice to the Debtor." Then,on March 7, 2017,in its"Notice Regarding Objection to <br /> Buechler&Garber Motion to Withdraw as Counsel for Red Arrow Gold Corporation,"the Court reminded the <br /> Debtor and its president that"under its prior Orders,the Debtor has until March 31,2017,by which to retain <br /> counsel to represent it in its Chapter 1 I case and until March 31,2017.by which to file a Chapter 1 I plan and <br /> disclosure statement,failing which the case will be dismissed. These Orders remain in full effect." <br /> Finally,on March 21, 2017,in its"Order Denying Motion to Consider Objections and Denying Motion to <br /> Reconsider Order Granting Motion to Withdraw"the Court again reminded the Debtor and its president that"in <br /> order to avoid having its case dismissed,the Debtor must engage counsel and file a Chapter I 1 plan before March <br /> 31, 2017. If the Debtor does not do so,the case will be dismissed per the Court's prior Orders." <br /> As of the date of this Order,the Debtor has neither engaged counsel to represent it in this case,nor filed a <br /> Chapter 11 plan. The Court finds that the Debtor's failure to comply with the Court's Orders,along with its failure <br /> to file a disclosure statement or to file or confirm a plan within the time fixed by title 11,United States Code,or by <br /> the Court,constitutes cause for dismissal pursuant to 11 U.S.C. § 1 112(b)(4)(E)and(J), respectively. <br /> It is therefore, <br /> ORDERED that the Debtor's Chapter 11 bankruptcy case is hereby DISMISSED pursuant to I I U.S.C. <br /> § 1112(b). <br /> DATED this 3rd day of April, 2017. <br /> BY THE COURT: <br /> Thomas B. McNamar C <br /> United States Bankruptcy Judge <br /> 024135 59404024159025 <br />
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