SPNG REVOKING hearing ...NOTICE OF HEARING ON THE TRUSTEE’S MOTION PURSUANT TO BANKRUPTCY CODE §105(A) AND BANKRUPTCY RULE 9019(A)SEEKING ENTRY OF AN ORDER APPROVING TWO SETTLEMENT AGREEMENTS BY AND BETWEEN THE SECURITIES AND EXCHANGE COMMISSION AND THE TRUSTEE
PLEASE TAKE NOTICE, that Kenneth P. Silverman, Esq., the chapter 7 trustee of the estate of Spongetech Delivery Systems, Inc. (the "Debtor"), by his attorneys, SilvermanAcampora, LLP, submits the annexed motion (the "Motion") seeking, among other relief, the entry of an order (the “Order”) pursuant to Bankruptcy Code §105(a) and Bankruptcy Rule 9019(a), approving two stipulations of settlement by and between the Securities and Exchange Commission and the Trustee: (i) the Consent to the entry of a Judgment in the action entitled "Securities and Exchange Commission against Spongetech Delivery Systems, Inc., RM Enterprises International, Inc., Steven Y. Moskowitz, Michael E. Metter, George Speranza, Joel Pensley and Jack Halperin" pending in the United States District Court for the Eastern District of New York bearing Case No. 10-CV-2031(DLI) (the "SEC Action") which resolves the permanent injunction portion of the SEC Action; and (ii) the Offer of Settlement consenting to the entry of an SEC administrative order revoking registration of each class of the Debtor's registered securities pursuant to Section 12(j) of the Securities and Exchange Act of 1934, a hearing will be held on June 21, 2011 at 10:00 a.m. (the “Hearing”), before the Honorable Stuart M. Bernstein, United States Bankruptcy Judge, at the United States Bankruptcy Court for the Southern District of New York, Alexander Hamilton U.S. Custom House, New York, New York 10004, or as soon thereafter as counsel can be heard.
PLEASE TAKE FURTHER NOTICE that responses or objections, if any, to the Motion or the Order must be in writing, must conform to the Bankruptcy Rules and the Local Rules, must set forth the name of the objecting party, the basis for the objection and the specific grounds therefore, and must be filed with the Bankruptcy Court, electronically in accordance with General Order M-399 (General Order M-399 and the User’s Manual for the Electronic Case Filing System may be found at www.nysb.uscourts.gov, the official website for the Bankruptcy Court) by registered users of the Bankruptcy Court’s case filing system, and by all other parties in interest on a 3.5 inch disk, preferably in Portable Document Format (PDF), WordPerfect, or any other Windows-based word processing format (with a hard copy delivered directly to Chambers), in accordance with General Order M-399, and any responses or objection must be served upon: (i) SilvermanAcampora LLP, 100 Jericho Quadrangle, Suite 300, Jericho, New York 11753 (Attn: Brett S. Silverman); (ii) the Office of the United States Trustee, 33 Whitehall Street, 22nd floor, New York, New York 10004 (Attn: Elisabetta G. Gasparini, Esq.); and (iii) to the Chambers of the Honorable Stuart M. Bernstein, so as to be filed and received no later than June 14, 2011, at 4:00 p.m. (prevailing Eastern Standard Time).
PLEASE TAKE FURTHER NOTICE, that you need not appear at the Hearing if you do not object to the relief requested in the Motion.
PLEASE TAKE FURTHER NOTICE, that the Hearing may be adjourned from time to
time without further notice other than the announcement of such adjournment in open Court.
Dated: Jericho, New York May 12, 2011
SILVERMANACAMPORA LLP
Attorneys for Kenneth P. Silverman, Esq., Chapter 7 Trustee
