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Case:SMRH:476394475.1
16-30270 Doc# 10 Filed: 04/07/16
-1-
Entered: 04/07/16
REQUEST FOR ENTRY OF 16:31:09 Page 1BY
ORDER FOR RELIEF ofDEFAULT
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1 Creditors Sigma Connectivity Inc., Stephen Gould Corp., DUCO
2 Technologies Inc., Colony, Inc. and Volume & Tone LLC in the above-captioned case
3 (collectively, the "Petitioning Creditors"), request that the Court enter by default (the
4 "Default Request") an order of relief against Cuff, Inc. (the "Debtor). This Default
5 Request is made pursuant to Rule 1013(b) of the Federal Rules of Bankruptcy Procedure
6 (the "Bankruptcy Rules") and is supported by the declaration of Ori Katz filed
7 concurrently herewith.
8 On March 14, 2016, the Petitioning Creditors filed in this district an
9 involuntary petition for relief under chapter 7 of the Bankruptcy Code (the "Involuntary
10 Petition") against the Debtor. Thereafter, on March 16, 2016 the clerk of the Court issued
11 the Summons to Debtor in Involuntary Case (the "Summons"). The Summons provides
12 that the Debtor is "summoned and required to file with the clerk of the bankruptcy court a
13 motion or answer to the petition within 21 days after the service of [the] summons" and
14 that if the Debtor "fail[s] to respond to [the] summons, the order for relief will be entered."
15 On March 16, 2016, counsel for the Petitioning Creditors served the Summons and the
16 Involuntary Petition on the Debtor.
17 Pursuant to Bankruptcy Rule 1011, any response to the Involuntary Petition
18 must be filed and served within 21 days after the service of the Summons. See
19 Fed.R.Bankr.P. 1011(b) ("Defenses and objections to the petition … shall be filed and
20 served within 21 days after service of the summons … ."). If no response is filed within
21 this period, the Court must enter the order for relief. See Fed.R.Bankr.P. 1013(b) ("If no
22 pleading or other defense to a petition is filed within the time provided by Rule 1011, the
23 court, on the next day, or as soon thereafter as practicable, shall enter an order for the relief
24 requested in the petition.").
25 In this case, the 21-day period to contest the Involuntary Petition ended April
26 6, 2016. No response or objection to the Involuntary Petition has been made.
27 Accordingly, the Petitioning Creditors respectfully request that the Court enter the order
28 for relief, substantially in the form attached hereto as Exhibit A.
Case:SMRH:476394475.1
16-30270 Doc# 10 Filed: 04/07/16
-2-
Entered: 04/07/16
REQUEST FOR ENTRY OF 16:31:09 Page 2BY
ORDER FOR RELIEF ofDEFAULT
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1 DATED: April 7, 2016
2 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
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4 By /s/ Ori Katz
ORI KATZ
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6 Attorneys for Petitioning Creditors
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Case:SMRH:476394475.1
16-30270 Doc# 10 Filed: 04/07/16
-3-
Entered: 04/07/16
REQUEST FOR ENTRY OF 16:31:09 Page 3BY
ORDER FOR RELIEF ofDEFAULT
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EXHIBIT A
Proposed Order
Case:SMRH:476394475.1
16-30270 Doc# 10 Filed: 04/07/16 Entered: 04/07/16 16:31:09 Page 5 ofEXHIBIT
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