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Published on 5/21/2009 in the Prospect News Distressed Debt Daily.

DBSI withdraws motion for examiner appointment ruling reconsideration

By Caroline Salls

Pittsburgh, May 21 - DBSI, Inc. has withdrawn its motion for reconsideration of a court order directing the U.S. Trustee to appoint an examiner for the company's bankruptcy case, according to a Wednesday filing with the U.S. Bankruptcy Court for the District of Delaware.

According to the reconsideration motion, which was filed on April 6, before the examiner was certified, the U.S. Trustee circulated a draft order that did not comply with the court's ruling.

Although DBSI and its official committee of unsecured creditors suggested changes to the draft, the company said the U.S. Trustee's proposed order did not include most of the suggested revisions.

Meridian, Idaho-based DBSI controls a network of real estate entities. The company filed for bankruptcy on Nov. 10, 2008. Its Chapter 11 case number is 08-12687.


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