UNITED STATES BANKRUPTCY COURT DISTRICT OF SOUTH CAROLINA In re: ) ) Barnwell County Hospital, ) ) Debtor ) ______________________________)

Case No. 11-06207-dd Chapter 9

INTERVENORs MOTION TO FOR EMERGENCY HEARING

Intervenor Don Alexander here moves, pursuant to Local Bankruptcy Rule 9013-1(d), for an emergency hearing. The grounds for this motion are as follows: The sale of the Barnwell County Hospital is now set for June 12, 2013. However, the South Carolina Supreme Court recently issued an opinion in which it held that the Barnwell County Council members, by also serving as Barnwell Hospital Board of Trustees, violated the constitutional prohibitions on dual office holding. Alexander v. Houston, Shearouse Adv. Sh.24 (May 29, 2013). The Alexander Opinion casts doubt on this Courts previous decision that Debtor was not in violation of dual office holding and thus had met the eligibility requirements to file bankruptcy. A hearing is needed to determine if the Debtor has now been rendered ineligible and whether a sale can proceed if the Debtor is ineligible. Alexander is contemporaneously filing a Motion to Dismiss and/or Stay, and if an emergency hearing is not granted for that Motion, irreparable harm will occur. The sale will be consummated and there may be no way to restore the Hospital to its prior position. Furthermore, judicial economy would be better served if by staying the sale, rather than unwinding the transaction, if even possible, after it has been completed. Counsel for Alexander contacted Debtors counsel in an effort to reach an agreement to stay

the sale. However, Debtor indicated that the sale would proceed on June 12, 2013. CONCLUSION Don Alexander respectfully requests that the Court grant the Motion for Emergency Hearing and schedule a hearing on the Motion to Dismiss and/or Stay. Alexander respectfully submits that he could be available for a hearing on June 7, 10 or 11, 2013.

s/A. Keith M. Babcock Keith M. Babcock, Fed. ID 1443 LEWIS, BABCOCK & GRIFFIN, L.L.P. 1513 Hampton St. Post Office Box 11208 Columbia, South Carolina 29211 (803) 771-8000 Attorneys for Intervener Don Alexander Columbia, SC June 6, 2013