The U.S. Trustee assigned to the Hampshire Group case and the official committee of unsecured creditors filed with the U.S. Bankruptcy Court separate objections to the Debtors’ motion to shorten notice and schedule a hearing on motion approving bid procedures for James Campbell assets; approving notice procedures for the solicitation of bids and an auction; scheduling an auction for the sale of the James Campbell assets and approving the sale of the James Campbell assets.
The Trustee asserts, “Both the Motion and the Bid Procedures Motion will affect every creditor and party in interest in this case….There does not appear to be any need for urgency in this matter and no cause is identified in the Motion other than an implicit desire to save expenses. Neither the Motion nor the Bid Procedures Motion is accompanied by any supporting declaration. The Bid Procedures Motion does not identify a buyer, nor does it disclose a purchase price. The Debtors have not filed their Statements and Schedules.”
In addition, “The filing of the Motions and the Shorten Time Motion on the afternoon before Christmas Eve when the Court was closed strongly suggests the Motions were filed strategically at this time to avoid the scrutiny of objection and to effectively limit notice. It is well known that at this time of year many businesses are closed entirely until January 3, 2017 or working with short staffs….Filing of the Motions on the eve of a major holiday accompanied by a shorten time request is not emergent but is contrived and designed to avoid due process as a practical matter.”
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