On or about March 7, 2014, interested party Frank Dlubak
filed a Motion to Convert Case from Chapter 11 to Chapter 7 (“Motion to
Convert”). In conjunction therewith,
Frank Dlubak also filed an Objection to the Committee’s Disclosure Statement,
as well as a response opposing the Committee’s Motion for Authority to
Prosecute Avoidance Action (“Motion for Authority”). The essence of Frank Dlubak’s position is that
all operating assets of the Debtor have been liquidated, and any remaining claims that
may be property of the Estate are speculative, meritless, and provide no
benefit to the Estate. As a result, he
argues that the remainder of the Case is better administered by a Chapter 7
Trustee.
A hearing on the Motion to Convert has been scheduled for Friday, April 4, 2014, at 11am in the Johnstown Bankruptcy Court (or via video conference from Pittsburgh), with responses due by March 28. Additionally, hearings on the Committee’s Disclosure Statement and Motion for Authority have been continued to the same day and time.
