Escape Away Spa

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF PENNSYLVANIA
IN RE: ESCAPE AWAY SPA : Chapter 11
Debtor :
: Bky. No. 09-11246ELF
:
ORDER SCHEDULING SHOW CAUSE HEARING
AND NOW, upon consideration of the bankruptcy petition filed by Escape Away Spa on
February 23, 2009,
AND, the Debtor appearing to be a corporation,
AND, by virtue of federal law, e.g., 28 U.S.C. §1654, courts having held that a
corporation must appear in a federal court through counsel and may not appear pro se, see, e.g.,
Palazzo v. Gulf Oil Corp.., 764 F. 2d 1381, 1385-86 (11 Cir. 1985), reh’g denied, 775 F.2d 304th
(11 Cir. 1985), cert. denied, 474 U.S. 1058 (1986); Simbraw, Inc. v. United States, 367 F.2dth
373, 374-75 (3d Cir. 1966); Turner v. American Bar Association, 407 F. Supp. 451, 476 (N.D.
Tex 1975), aff’d, 539 F. 2d 715 (7 Cir. 1976); In re Earle Industries, Inc., 67 B.R. 822, 823th
(Bankr. E.D.Pa 1986); Fed R. Bankr.P 9010(a), Advisory Committee Note 1983 (“[t]his
rule...does not purport to change prior holdings prohibiting a corporation from appearing pro
se”). See also United States v. Cocivera, 104 F.3d 566, 572 (3d Cir. 1996),
AND, 11 U.S.C. §327(a) authorizing a chapter 11 debtor-in-possession to employ one or
more attorneys and other professionals,
AND, since the filing of the bankruptcy petition no application for employment of
counsel having been filed by the Debtor,
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It is therefore ORDERED that a hearing shall be held to consider whether this
bankruptcy case shall be dismissed due to the failure of the Debtor to be represented by counsel.
The hearing shall be held on March 11, 2009 at 11:00 a.m., in Bankruptcy Courtroom No.
1, U.S. Courthouse, 900 Market Street, Philadelphia, PA 19107.
Date: March 4, 2009
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
cc: Escape Away Spa
210 East Street Road
Feasterville-Trevose, PA 19053
Case 09-11246-elf Doc 8 Filed 03/04/09 Entered 03/04/09 15:28:38 Desc Main
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