Case Document 1259 Filed in TXSB on 10/13/11 Page 1 of 4

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1 Case Document 1259 Filed in TXSB on 10/13/11 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION IN RE: LACK S STORES, INCORPORATED, ET AL., 1 DEBTORS. CASE NO (Chapter 11) (Jointly Administered) JOINT MOTION TO CONTINUE HEARING ON APPLICATION OF GDF SUEZ ENERGY RESOURCES NA, INC. FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM (Relates to Dkt. No. 1231) 1. The above-captioned debtors (the Debtors ) and GDF Suez Energy Resources NA, Inc. ( GDF Suez ) hereby jointly request a continuance of the hearing to consider the Application of GDF Suez Energy Resources NA, Inc. for Order Allowing and Directing Payment of its Administrative Expense Claim Pursuant to Section 503(b)(1)(A) of the Bankruptcy Code (the Administrative Claim ) currently scheduled for November 2, 2011 at 2:30 p.m. prevailing Central Time (the Hearing ), to be reset to the omnibus hearing date of November 16, 2011, at 2:30 p.m. prevailing Central Time. 2. On September 22, 2011, GDF Suez filed the Administrative Claim alleging a claim against the Debtors pursuant to 11 U.S.C. 503(b)(1)(A) in the amount of $195, The Debtors and GDF Suez have been working towards a resolution of the Administrative Claim, but have yet to resolve all outstanding issues. GDF Suez has agreed to extend the objection deadline for the Debtors and the Official Committee of Unsecured Creditors 1 The Debtors and the last four digits of their tax identification numbers are Lack s Stores, Incorporated (6528), Merchandise Acceptance Corporation (0972), Lack s Furniture Centers, Inc. (9468), and Lack Properties, Inc. (8961).

2 Case Document 1259 Filed in TXSB on 10/13/11 Page 2 of 4 established in the above-captioned cases (the Committee ) to November 4, 2011, so that the parties may continue to work towards a resolution of the Administrative Claim. 3. As such, the Debtors and GDF Suez hereby request the Court grant a two week continuance of the Hearing and reset the Hearing for November 16, 2011, at 2:30 p.m. prevailing Central Time which will give the parties additional time to work towards resolving the Administrative Claim. As evidenced by the Certificate of Conference attached hereto, the Committee supports the relief requested herein. Dated: October 13, 2011 Respectfully submitted, VINSON & ELKINS LLP By: /s/ Ginny A. Maslin Ginny A. Maslin, SBT # Kirk S. Cheney, SBT # Fannin Street, Suite 2500 Houston, Texas Tel: ; Fax: kcheney@velaw.com gmaslin@velaw.com - and - Daniel C. Stewart, SBT # Paul E. Heath, SBT # Michaela C. Crocker, SBT # Ross Avenue, Suite 3700 Dallas, Texas Tel: ; Fax: mcrocker@velaw.com ATTORNEYS FOR THE DEBTORS -and-

3 Case Document 1259 Filed in TXSB on 10/13/11 Page 3 of 4 MCDERMOTT WILL & EMERY LLP By: /s/ Steven G. Spears Steven G. Spears, TX # ; S.D. Bar # John C. Low, TX # ; S.D. Bar # McDermott Will & Emery LLP 1000 Louisiana Street, Suite 3900 Houston, TX Tel: ; Fax: jlow@mwe.com - and - Nathan F. Coco, admitted pro hac vice McDermott Will & Emery LLP 227 West Monroe Street, Suite 4700 Chicago, IL Tel: ; Fax: ncoco@mwe.com ATTORNEYS FOR GDF SUEZ ENERGY RESOURCES NA, INC.

4 Case Document 1259 Filed in TXSB on 10/13/11 Page 4 of 4 CERTIFICATE OF CONFERENCE I hereby certify that I have conferred with counsel for the Committee and the Committee supports continuing the Hearing to November 16, 2011, at 2:30 p.m. prevailing Central Time. /s/ Ginny A. Maslin One of Counsel

5 Case Document Filed in TXSB on 10/13/11 Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION IN RE: LACK S STORES, INCORPORATED, ET AL., 1 DEBTORS. CASE NO (Chapter 11) (Jointly Administered) ORDER GRANTING JOINT MOTION TO CONTINUE HEARING ON APPLICATION OF GDF SUEZ ENERGY RESOURCES NA, INC. FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM ON THIS DATE, the Court considered the Joint Motion to Continue Hearing on Application of GDF Suez Energy Resources NA, Inc. for Allowance and Payment of Administrative Expense Claim (the Motion to Continue ). 2 The Court finds that sufficient cause exists for the continuance and grants the relief requested in the Motion to Continue. Accordingly, it is ORDERED that the hearing to consider the Administrative Claim (Dkt. No. 1231) is continued to November 16, 2011 at 2:30 p.m. prevailing Central Time; it is further ORDERED that responses to the Administrative Claim filed by the Debtors and/or Committee shall be deemed timely if filed on or before November 4, SIGNED this day of. THE HONORABLE JEFF BOHM UNITED STATES BANKRUPTCY JUDGE 1 The Debtors and the last four digits of their tax identification numbers are Lack s Stores, Incorporated (6528), Merchandise Acceptance Corporation (0972), Lack s Furniture Centers, Inc. (9468), and Lack Properties, Inc. (8961). 2 Capitalized terms not otherwise defined herein have the meaning set forth in the Motion to Continue. US v.1