XXX
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Email
Appearing in pro per
XXX BANKRUPTCY COURT
DISTRICT OF XXX
PLAINTIFF’S NAME,
Plaintiff,
vs.
DEFENDANT’S NAME,
Defendant
Case No.: Number
XXX MOTION FOR
EXTENSION OF TIME TO FIND LEGAL
REPRESENTATION FOR APPEAL
NOTICE OF NATALIE TAO’S MOTION FOR EXTENSION OF TIME TO FIND
LEGAL REPRESENTATION FOR APPEAL
You are notified that on the ____ day of _________________, XXX, at _________ (am/pm), or
as soon thereafter as Natalie Tao can be heard, she will bring on for hearing her Motion for
Extension of Time to Find Legal Representation for Appeal for the reasons stated in the attached
Motion.
Dated this _____ day of May, XXX.
Respectfully Submitted,
___________________________________
XXX
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NATALIE TAO’S MOTION FOR EXTENSION OF TIME TO FIND LEGAL REPRESENTATION FOR
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XXX
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Email
Appearing in pro per
UNITED STATES BANKRUPTCY COURT
DISTRICT OF XXX
In Re: QUALITY CARE DAYCARE at BUP,
LLP
Debtor.
Case No.: Number
NATALIE TAO’S MOTION FOR
EXTENSION OF TIME TO FIND LEGAL
REPRESENTATION FOR APPEAL
NOW COMES Natalie Tao, and files this Motion for Extension of Time to Find Legal
Representation for Appeal, and hereby avers as follows:
1. Rule 6(b)(1) of the Federal Rules of Civil Procedure provides as follows: “When an act
may or must be done within a specified time, the court may, for good cause, extend the
time (A) with or without motion or notice if the court acts, or if a request is made, before
the original time or its extension expires; or (B) on motion made after the time has
expired if the party failed to act because of excusable neglect.”
2. Md. Local Bankr. Rules, Rule 7012-2 provides as follows: “The deadline to plead or
move in response to a pleading in an adversary proceeding may be extended for a period
of up to thirty (30) days by stipulation of the parties docketed with the court or, for a
longer period of time, by order of the court. Any deadline extended pursuant to this
section shall not affect any other deadlines set forth in any scheduling order entered by
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NATALIE TAO’S MOTION FOR EXTENSION OF TIME TO FIND LEGAL REPRESENTATION FOR
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the court.”
3. Natalie would like an extension of ____ days to obtain legal representation for her
company in order to file an appeal. Natalie would have wished to expedite the appeal
process by filing it herself but unfortunately, the law does not allow her to do that.
4. In Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194
(1993), the court held thus: “It has been the law for the better part of two centuries, for
example, that a corporation may appear in the federal courts only through licensed
counsel. Osborn v. President of Bank of United States, 9 Wheat. 738, 829 (1824);
see Turner v. American Bar Assn., 407 F. Supp. 451, 476 (ND Tex. 1975) (citing the
"long line of cases" from 1824 to the present holding that a corporation may only be
represented by licensed counsel), affirmance order sub nom. Taylor v. Montgomery, 539
F. 2d 715 (CA7 1976), and aff’d sub nom. Pilla v. American Bar Assn. , 542 F. 2d 56
(CA8 1976). As the courts have recognized, the rationale for that rule applies equally to
all artificial entities. Thus, save in a few aberrant cases, the lower courts have uniformly
held that 28 U. S. C. § 1654, providing that "parties may plead and conduct their own
cases personally or by counsel," does not allow corporations, partnerships, or associations
to appear in federal court otherwise than through a licensed attorney. See, e. g., Eagle
Associates v. Bank of Montreal, 926 F. 2d 1305 (CA2
1991) (partnership); Taylor v. Knapp, 871 F. 2d 803, 806 (CA9) (nonprofit corporation
formed by prison inmates), cert. denied, 493 U. S. 868 (1989); Jones v. Niagara Frontier
Transportation Authority, 722 F. 2d 20, 22 (CA2 1983) (corporation); Richdel,
Inc. v. Sunspool Corp., 699 F. 2d 1366 (CA Fed. 1983) (per
curiam) (corporation); Southwest Express Co. v. ICC, 670 F. 2d 53, 55 203*203 (CA5
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NATALIE TAO’S MOTION FOR EXTENSION OF TIME TO FIND LEGAL REPRESENTATION FOR
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1982) (per curiam) (corporation); In re Victor Publishers, Inc., 545 F. 2d 285, 286 (CA1
1976) (per curiam) (corporation); Strong Delivery Ministry Assn. v. Board of Appeals of
Cook County, 543 F. 2d 32, 34 (CA7 1976) (per curiam) (corporation); United
States v. 9.19 Acres of Land, 416 F. 2d 1244, 1245 (CA6 1969) (per
curiam) (corporation); Simbraw, Inc. v. United States, 367 F. 2d 373, 374 (CA3
1966) (per curiam) (corporation).”
5. The court in Lujan v. National Wildlife Federation, 497 U.S. 871 (1990) held thus: “First,
any extension of a time limitation must be "for cause shown." Second, although
extensions before expiration of the time period may be "with or without motion or
notice," any postdeadline extension must be "upon motion made," and is permissible only
where the failure to meet the deadline "was the result of excusable neglect.””
6. There is good cause for granting this Motion. In compliance with the law, Natalie has
made reasonable efforts to find legal representation for her company. She tried to contact
her personal attorney but insolvency law is not his area of specialization.
7. Natalie has been unable to get an appointment with an attorney because of Covid-19
restrictions. However, she has managed to talk to three attorneys to represent her, one of
whom is reviewing the case. Natalie has already paiuid consultation fees and is waiting
confirmation from the attorney that he will be taking up the case. Exhibit 1.
8. Once the attorney confirms that he will be taking up the case, he will enter appearance
and proceed to represent Natalie’s company.
REASONS WHEREFORE, PREMISES CONSIDERED, Natalie Tao respectfully requests this
Honorable Court to grant this Motion for Extension of Time to Find Legal Representation for
Appeal and enter an Order granting Natalie Tao ____ days to do so.
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NATALIE TAO’S MOTION FOR EXTENSION OF TIME TO FIND LEGAL REPRESENTATION FOR
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Dated this _____ day of May, XXX.
Respectfully Submitted,
___________________________________
Natalie Tao
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NATALIE TAO’S MOTION FOR EXTENSION OF TIME TO FIND LEGAL REPRESENTATION FOR
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was sent on the _____
day of May, XXX, by electronic mail and regular U.S. mail, to the following parties or attorneys
of record:
Attorney’s Name and Contact Information
Dated this _____ day of May, XXX
Respectfully Submitted,
___________________________________
Natalie Tao
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