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NOTICE OF MOTION
PLEASE TAKE NOTICE that on Wednesday, March 7, 2018, at 10:00 AM, I shall
appear before the Honorable Carol A. Doyle, Bankruptcy Judge in Courtroom 742, at the
Dirksen Federal Courthouse, 219 South Dearborn Street, Chicago, Illinois, or before any other
Bankruptcy Judge who may be sitting in her place and shall present a MOTION TO DISMISS
CHAPTER 11 CASE AND FOR SHORTENED NOTICE, a copy of which is attached hereto
and is herewith served upon you.
CERTIFICATE OF SERVICE
I, Kimberly Bacher, an attorney, state that on February 23, 2018, pursuant to Local Rule
9013-1(D) the above NOTICE OF MOTION and the MOTION TO DISMISS CHAPTER 11
CASE AND FOR SHORTENED NOTICE were filed and served on all parties identified as
Registrants on the Service List below through the Court’s Electronic Notice for Registrants and,
as to all other parties on the service list below, I caused a copy to be sent via First Class Mail to
the address(es) indicated.
SERVICE LIST
Philip Tadros
13404 Edinburgh
Palos Heights, IL 60463-2762
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NOW COMES PATRICK S. LAYNG, the United States Trustee for the Northern District
of Illinois (the "U.S. Trustee"), by his attorney, Kimberly Bacher, and moves this Court to enter
an order dismissing the Chapter 11 case of Philip Tadros, dba Doe Jo LLC and dba Bow and
Truss LLC (the “Debtor”) and for other relief pursuant to 11 U.S.C. § 1112(b). In support of
1. This is a core proceeding under Title 28, Section 157(b)(2)(A) of the United
States Code which this Court may hear and determine under IOP15(a) of the United States
Venue of this case in this District is proper pursuant to 28 U.S.C. §§ 1408 and 1409.
2. The U.S. Trustee has standing to file the Motion under 11 U.S.C. § 307 and 28
U.S.C. § 586(a)(3).
3. Movant is the United States Trustee for the Northern District of Illinois.
4. The Debtor filed the petition pro se and designated Doe Joe LLC and Bow and
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5. Although the Debtor represented in its petition that it is doing business as two
separate corporations (Doe Jo LLC and Bow and Truss LLC), the Debtor filed its petition
without legal counsel. A copy of the petition, attached hereto as Exhibit A, shows that the
6. As a corporation cannot appear pro se, the filing of the instant case by Philip
Tadros constitutes the unauthorized practice of law and renders the filing of this case null and
void. In re Video Systems Design & Sales, Inc., 129 B.R. 196 (Bankr.W.D.Mo. 1991); see also
In re Tivoli Gardens, Inc., 1999 WL 984392 (N.D. Ill. 1999), appeal dismissed, November 12,
1999. Additionally, two limited liability corporations cannot file a joint petition. Accordingly,
7. The U.S. Trustee requests that this motion be heard on shortened notice. Given
the infirmity in the Debtor’s petition caused by lack of counsel and the fact that this motion has
been served on the Debtor and all known creditors, the U.S. Trustee requests that this Court find
WHEREFORE, the United States Trustee requests this Court to enter an order limiting
to notice that given and dismissing this Chapter 11 case instanter and for such other relief as is
just.
RESPECTFULLY SUBMITTED:
PATRICK S. LAYNG
UNITED STATES TRUSTEE