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Case 3:10-bk-04791-PMG

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MOTION TO CONTINUE CONFIRMATION HEARING Debtor, Berean Baptist Church of Orange Park, Inc. (Berean or Debtor), moves the Court to reschedule the confirmation hearing currently scheduled for September 14, 2011, and in support of the motion states: 1. Debtor is a Baptist church ministering to some 450 members from its

facilities at 4459 Highway 17 South in Orange Park, Florida. Berean employs around 35 individuals. Berean also operates the Berean Christian Academy which currently has an enrollment of approximately 120 students. The Berean Baptist College operates from the church campus and has 50 or so students who live in on-campus dormitories. 2. On June 2, 2010 (Petition Date), Debtor filed a voluntary petition for

reorganization under Chapter 11 of the Bankruptcy Code. 3. On December 30, 2010, Debtor filed its proposed Chapter 11 Plan of

Reorganization [Docket No. 76] and its Disclosure Statement [Docket No. 77]. On May 31, 2011, an Amended Disclosure Statement [Docket No. 146] was filed. The tax identification number of the Debtor is 59-1588812. The address of the principal office of the Debtor is 4459 Highway 17 South, Orange Park, Florida 32003.

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On June 24, 2011, the Court entered its Order Conditionally Approving

Disclosure Statement, Scheduling Confirmation Hearing and Fixing Deadlines (the Scheduling Order) [Docket No. 154]. The order scheduled a combined hearing to consider approval of the amended disclosure statement and confirmation of the plan for August 18, 2011 at 10:00 a.m. 5. On July 14, 2011, First Bank, a secured creditor, filed its Motion to

Continue Confirmation Hearing [Docket No. 157]. On July 19, 2011, the Court entered its Order Continuing Confirmation Hearing [Docket No. 158] continuing the confirmation hearing for September 14, 2011 at 3:00 p.m. 6. The new confirmation hearing date falls on a Wednesday. Berean, led by There is a

its Pastor Tom Neal, holds Wednesday evening services every week.

teacher/officers meeting beginning at 6:30 p.m. followed by services at 7:30 p.m. 7. Additionally, during the week of September 11, 2011, Berean is hosting a

Bible Conference. The Old Time Religion: Real and Revisited Conference features the pastors of Berean as well as 15 or so visiting pastors from around the country. Berean expects to have 400-600 people attend the this annual conference which has morning, afternoon and evening sessions each day. The date for the conference was set in July 2010, speakers were confirmed last Fall and Berean has been planning for and advertising the conference for nearly nine months. 8. Pastor Neal and other representatives of Berean will serve as witnesses for

Berean at the confirmation hearing. Given the customary Wednesday evening services as well as the conference Berean is hosting on the date of the rescheduled confirmation


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hearing, critical witnesses necessary for Debtor to move forward with confirmation are not available. 9. Counsel for Debtor has spoken to counsel for First Bank. First Bank has

no objection to the confirmation hearing being rescheduled. WHEREFORE, for the foregoing reasons, Debtor requests the Court (i) continuing the hearing to consider confirmation of the plan, (ii) reschedule the confirmation hearing, and (iii) grant such other relief as is appropriate.

STUTSMAN THAMES & MARKEY, P.A. /s/ Bradley R. Markey By ___________________________________ Bradley R. Markey Florida Bar Number 0984213 50 North Laura Street, Suite 1600 Jacksonville, Florida 32202 (904) 358-4000 (904) 358-4001 (Facsimile) Attorneys for Berean Baptist Church of Orange Park, Inc.


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Certificate of Service

I hereby certify that on July 29, 2011, the foregoing was transmitted to the Court for uploading to the Case Management/Electronic Case Files (CM/ECF) System, which will send a notice of electronic filing to the Office of the United States Trustee, 135 W. Central Boulevard, Room 620, Orlando, Florida 32280 and all parties who have consented to receiving electronic notifications in this case.

/s/ Bradley R. Markey ____________________________________ Attorney