Case Doc 148 Filed 08/05/16 Entered 08/05/16 17:15:49 Desc Main Document Page 1 of 6

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1 Document Page 1 of 6 Amelia C. Joiner Kathleen M. Ryan One Federal Street Boston, MA Telephone (617) Facsimile (617) Attorneys for Webster Bank, National Association UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS, EASTERN DIVISION In re ABC DISPOSAL SERVICE, INC., et al. Debtors Chapter 11 Case No (Jointly Administered) REQUEST FOR EMERGENCY HEARING Webster Bank, National Association ( Webster ), in its capacity as administrative agent, respectfully requests that the Court grant an emergency hearing on the Response of Webster Bank, National Association to the Debtors Status Report Regarding Use of Cash Collateral and Emergency Motion to Amend Cash Collateral Order (the Motion to Amend ). In support of this request, Webster states as follows 1. The Motion to Amend was filed with the Court immediately prior to the filing of this Motion and the grounds for both the relief requested in the Motion to Amend and in this Motion are stated therein. 2. This Motion seeks an emergency hearing on the Motion to Amend pursuant to Local Rule (g).

2 Document Page 2 of 6 3. At the June 6, 2016, hearing on the Debtors motion for use of cash collateral, Webster expressed concern over the reasonableness of the Debtors projections and the lack of controls on the Debtors use of cash collateral. At that time, the Court agreed that Webster could seek relief on an emergency basis if there were significant variances from projections. See Hr g Tr. (Jun. 6, 2016) at At that hearing, the Court also set a status conference for August 9, 2016, at 1000 a.m., in part, to address any continuing concerns with the Debtors cash collateral use. By this Motion, Webster requests that the Motion to Amend be addressed at the upcoming status conference. 5. The Motion to Amend was filed in response to the Debtors Status Report Regarding Use of Cash Collateral (Dkt. No. 135). 6. Webster believes that good cause exists to grant this Motion and schedule an emergency hearing on the Motion to Amend. Webster therefore requests that the Court hear the Motion to Amend at the status conference currently scheduled for August 9, Attached as Exhibit A is certification of counsel required pursuant to Local Rule (g)(1)(C). 1 THE COURT Well, what, what's to prevent you from seeking relief, either prohibition on use of cash collateral or other remedies, if you see an alarming variance? MR. GALLO There'd be, there'd be nothing to do that, Your Honor. And we could -- we could come in -- if, if we're permitted to come in on an emergency basis after we see an alarming variance, you know, we could do that. I -- what I see more typically in these orders is that if, that there's a measurement period. If the debtor, you know, comes, is out of compliance with the budget, then there's a period of time where they can make necessary expenditures until the parties can get the court to address it. But, you know, if we are able to --if -- if Your Honor --THE COURT I'm always here. MR. GALLO -- is telling me you're always here and we'll be able to get in quickly and if it's clear in the order that we have that right to, to come in if there's a significant variance from the budget and the debtors commit to get us the reporting, you know, we could handle it that way as well. THE COURT All right. Well -- 2

3 Document Page 3 of 6 WHEREFORE, Webster requests the Court (i) grant this Motion and schedule an emergency hearing on the Motion to Amend for August 9, 2016, and (ii) grant such other and further relief as the Court shall deem just and proper. Dated August 5, 2016 Boston, Massachusetts By /s/ Amelia C. Joiner Kathleen M. Ryan One Federal Street Boston, MA Telephone (617) Facsimile (617) Attorneys for Webster Bank, National Association 3

4 Document Page 4 of 6 Amelia C. Joiner Kathleen M. Ryan One Federal Street Boston, MA Telephone (617) Facsimile (617) Attorneys for Webster Bank, National Association UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS, EASTERN DIVISION In re ABC DISPOSAL SERVICE, INC., et al. Debtors Chapter 11 Case No (Jointly Administered) CERTIFICATION OF COUNSEL Pursuant to Local Rule (g)(1)(C),, counsel for Webster Bank, National Association ( Webster ), represents and certifies to the Court as follows 1. I am a member of the bar of this Court. 2. Prior to the filing of the Response of Webster Bank, National Association to the Debtors Status Report Regarding Use of Cash Collateral and Emergency Motion to Amend Cash Collateral Order (the Motion to Amend ), I spoke with counsel for the Debtors by telephone and advised him of Webster s intention to seek an emergency hearing on the Motion to Amend and of the substance of the relief sought therein. Date August 5, 2016 /s/ Andrew J Gallo 4

5 Document Page 5 of 6 CERTIFICATE OF SERVICE The undersigned hereby certifies that on August 5, 2016, a copy of the foregoing pleading was filed electronically and served by electronic service through the Court s CM/ECF system on all counsel of record who have appeared in this action and registered for service via CM/ECF. By /s/ 5

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