KUTAK ROCK LLP

Loc Pfeiffer (VSB No. 39632)

Peter J. Barrett (VSB No. 46179)

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219

804-644-1700

loc.pfeiffer@kutakrock.com

peter.barrett@kutakrock.com

Counsel to the Debtors

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

)

In re: ) Chapter 7

)

DELTA CAREER EDUCATION ) Case No. 18-33822

CORPORATION, et al.,

1

)

)

Debtor. )

)

DEBTORS’ MOTION FOR AN EXPEDITED HEARING ON DEBTORS’ MOTION FOR 

ENTRY OF AN ORDER (I) DIRECTING JOINT ADMINISTRATION OF 

CHAPTER 7 CASES AND (II) GRANTING RELATED RELIEF

The above-captioned debtors (collectively, the “Debtors”) respectfully state as follows in 

support of this motion (this “Motion”):

Relief Requested

1. The Debtors seek entry of an order, substantially in the form attached hereto as 

Exhibit A (respectfully, the “Order”), (a) setting an expedited hearing at the Court’s earliest 

convenience on the Debtors’ Motion for Entry of an Order (i) Directing Joint Administration of 

Chapter 7 Cases and (ii) Granting Related Relief (the “Joint Administration Motion”); and 

 

1 The Debtors in these chapter 7 cases, along with the last four digits of each Debtor’s federal tax identification 

number, include Delta Career Education Corporation (5135); Delta Educational Systems, Inc. (9702); National 

Career Education, Inc. (3855); Southwest Business Colleges, Inc. (3438); Creative Circus, Inc. (1026); Atlantic 

Coast Colleges, Inc. (4068); McCann Education Centers, Inc. (2761); Berks Technical Institute, Inc. (9439); 

McCann School of Business and Technology (2608); Miller-Motte Business College, Inc. (1751); Palmetto 

Technical College, Inc. (6130); Piedmont Business Colleges, Inc. (4202); Academy of Court Reporting, Inc. 

(3484); and The Miami-Jacobs Business College Company (9487). 

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 1 of 13
(b) deeming the Debtors’ notice of the hearing on the Joint Administration Motion as set forth 

herein to be adequate and appropriate notice under the circumstances.

2. On July 27, 2018, the Debtors filed the Joint Administration Motion to be heard 

by this Court on an expedited basis. Prompt entry of the relief requested in the Joint 

Administration Motion is necessary in order to allow the Debtors, the chapter 7 trustee, the Court 

and creditors and parties-in-interest to benefit from the efficiencies that will result therefrom. 

Accordingly, by this motion, the Debtors seek this Court’s entry of an order setting an expedited 

hearing at the Court’s earliest available time, to consider the Joint Administration Motion and 

deeming the Debtors’ Notice of Filing of Chapter 7 Petitions and Joint Administration Motion

and of Proposed Hearing on Joint Administration Motion as set forth on Exhibit 1 annexed to 

Exhibit A attached hereto (the “Notice”) to be adequate and appropriate notice under the 

circumstances. The Debtors further request that the requirement of filing a written response to 

the Joint Administration Motion is waived.

Jurisdiction, Venue, and Procedural Background

3. The United States Bankruptcy Court for the Eastern District of Virginia 

(the “Court”) has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the 

Standing Order of Reference from the United States District Court for the Eastern District of 

Virginia, dated July 10, 1984. The Debtors confirm their consent, pursuant to rule 7008 of the 

Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), to the entry of a final order by 

the Court in connection with this motion to the extent that it is later determined that the Court, 

absent consent of the parties, cannot enter final orders or judgments in connection herewith 

consistent with Article III of the United States Constitution.

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 2 of 13
4. The bases for the relief requested herein are sections 105(a) of title 11 of the 

United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”) and Rules 9013-1(M) and

(N) of the Bankruptcy Local Rules for the Eastern District of Virginia (the “Local Rules”).

5. On July 26 and 27, 2018, the Debtors filed voluntary petitions for relief under 

chapter 7 of the Bankruptcy Code. 

Basis for Relief

6. Local Rule 9013-1 allows the setting of a hearing on an expedited basis as 

requested herein. An expedited hearing on the Joint Administration Motion is appropriate under 

these circumstances.

7. Additionally, section 105(a) of the Bankruptcy Code provides this Court with the 

power to set an expedited hearing on the Joint Administration Motion. Section 105(a) states that 

a bankruptcy court “may issue any order, process, or judgment that is necessary or appropriate to 

carry out the provisions of [the Bankruptcy Code].” 11 U.S.C. § 105(a).

Waiver of Memorandum of Points and Authorities

8. The Debtors respectfully request that this Court treat this Motion as a written 

memorandum of points and authorities or waive any requirement that this Motion be 

accompanied by a written memorandum of points and authorities as described in Local 

Bankruptcy Rule 9013-1(G).

Notice

9. The Debtors will provide notice of this motion to: (a) the Office of the United 

States Trustee for the Eastern District of Virginia; (b) the Debtors’ secured creditor; (c) the

United States Attorney’s Office for the Eastern District of Virginia; (d) the Internal Revenue 

Service; (e) the Debtors’ current banks; (f) the office of the attorneys general for the states in 

which the Debtors operated; and (g) any party that has requested notice pursuant to Bankruptcy 

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 3 of 13
Rule 2002. The Debtors submit that, in light of the nature of the relief requested, no other or 

further notice need be given.

No Prior Request

10. No prior request for the relief sought in this Motion has been made to this or any 

other court.

WHEREFORE, the Debtors respectfully request that the Court enter the Order, granting 

the relief requested herein and such other relief as the Court deems appropriate under the 

circumstances.

/s/ Peter J. Barrett

KUTAK ROCK LLP

Loc Pfeiffer (VSB No. 39632)

Peter J. Barrett (VSB No. 46179)

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219

804-644-1700

loc.pfeiffer@kutakrock.com

peter.barrett@kutakrock.com

Counsel to the Debtors

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 4 of 13
Certification

In support of the Debtors’ Motion for an Expedited Hearing on the “First Day Motions,”

and as required by Rule 9013-1(N) of the Local Bankruptcy Rules of the United States 

Bankruptcy Court for the Eastern District of Virginia, the undersigned proposed counsel for the 

Debtors certifies as follows:

1. I am a member of the Bar of this Court.

2. I have carefully examined this matter and have concluded that there is a true need 

for an emergency hearing.

3. I have not created the emergency through the lack of diligence.

4. A bona fide effort to resolve the matters could not be made without a hearing.

/s/Peter J. Barrett

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 5 of 13
Exhibit A

Proposed Order

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 6 of 13
KUTAK ROCK LLP

Loc Pfeiffer (VSB No. 39632)

Peter J. Barrett (VSB No. 46179)

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219

804-644-1700

loc.pfeiffer@kutakrock.com

peter.barrett@kutakrock.com

Counsel to the Debtors

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

)

In re: ) Chapter 7

)

DELTA CAREER EDUCATION ) Case No. 18-33822

CORPORATION, et al.,

1

)

)

Debtor. )

)

ORDER SETTING AN EXPEDITED HEARING 

Upon the motion (the “Motion”)2of the above-captioned debtors and debtors in 

possession (collectively, the “Debtors”) for entry of an order (this “Order”), (a) setting an 

expedited hearing at the Court’s earliest convenience on the Debtors’ Joint Administration 

Motion; and (b) deeming the Debtors’ notice of the Joint Administration Motion and the hearing 

thereon to be adequate and appropriate notice under the circumstances; and this Court having 

jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Standing Order of 

Reference from the United States District Court for the Eastern District of Virginia, dated July 

10, 1984; and that this Court may enter a final order consistent with Article III of the United 

 

1 The Debtors in these chapter 7 cases, along with the last four digits of each Debtor’s federal tax identification 

number, include Delta Career Education Corporation (5135); Delta Educational Systems, Inc. (9702); National 

Career Education, Inc. (3855); Southwest Business Colleges, Inc. (3438); Creative Circus, Inc. (1026); Atlantic 

Coast Colleges, Inc. (4068); McCann Education Centers, Inc. (2761); Berks Technical Institute, Inc. (9439); 

McCann School of Business and Technology (2608); Miller-Motte Business College, Inc. (1751); Palmetto 

Technical College, Inc. (6130); Piedmont Business Colleges, Inc. (4202); Academy of Court Reporting, Inc. 

(3484); and The Miami-Jacobs Business College Company (9487). 

2 Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Motion.

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 7 of 13
2

4844-4451-8758.1

States Constitution; and this Court having found that venue of this proceeding and the Motion in 

this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that 

the relief requested in the Motion is in the best interests of the Debtors’ estates, their creditors, 

and other parties in interest; and this Court having found that the Debtors’ notice of the Motion 

and opportunity for a hearing on the Motion were appropriate under the circumstances and no 

other notice need be provided; and this Court having reviewed the Motion and having heard the 

statements in support of the relief requested therein at a hearing before this Court 

(the “Hearing”); and this Court having determined that the legal and factual bases set forth in the 

Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the 

proceedings had before this Court; and after due deliberation and sufficient cause appearing 

therefor, it is HEREBY ORDERED THAT:

1. The Motion is granted as set forth in this Order.

2. A hearing will be held on August 1, 2018, at 2:00 p.m. prevailing Eastern Time

to hear and consider the Joint Administration Motion.

3. The form of the Debtors’ Notice of Filing of Chapter 7 Petitions and Joint 

Administration Motion and of Proposed Hearing on Joint Administration Motion attached hereto 

as Exhibit 1 (the “Notice”) is approved.

4. As soon as practicable after the commencement of these chapter 7 cases, the 

Debtors shall serve notice of this Motion via hand, electronic mail, overnight delivery, or 

facsimile to: (a) the Office of the United States Trustee for the Eastern District of Virginia; 

(b) the Debtors’ secured creditor; (c) the United States Attorney’s Office for the Eastern District 

of Virginia; (d) the Internal Revenue Service; (e) the Debtors’ current banks; (f) the office of the 

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 8 of 13
3

4844-4451-8758.1

attorneys general for the states in which the Debtors operated; and (g) any party that has 

requested notice pursuant to Bankruptcy Rule 2002.

5. The requirement under Local Rule 9013-1(G) to file a memorandum of law in 

connection with the Motion is waived.

6. The notice requirements of Local Rule 9013-1(M) are hereby waived for the 

Motion and the Joint Administration Motion.

7. Subject to the Debtors serving the Joint Administration Motion in accordance 

with this Order, the requirements of Local Bankruptcy Rule 9022-1(B) are hereby waived for the 

Motion and the Joint Administration Motion.

8. The requirement of filing a written response to the Joint Administration Motion is 

waived.

9. The endorsement requirement of Local Rule 9022-1(C) is hereby waived for the 

purposes of this Order.

10. A copy of this Order shall be separately docketed in each of the Debtors’ 

chapter 11 cases.

11. Notwithstanding Bankruptcy Rule 6004(h), the terms and conditions of this Order 

are immediately effective and enforceable upon its entry.

12. The Debtors and the appointed chapter 7 trustee are authorized to take all actions 

necessary to effectuate the relief granted in this Order in accordance with the Motion.

13. This Court retains exclusive jurisdiction with respect to all matters arising from or 

related to the implementation, interpretation, and enforcement of this Order.

Dated: __________, 2018

Richmond, Virginia UNITED STATES BANKRUPTCY JUDGE

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 9 of 13
4844-4451-8758.1

We ask for this:

/s/ 

KUTAK ROCK LLP

Loc Pfeiffer (VSB No. 39632)

Peter J. Barrett (VSB No. 46179)

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219

804-644-1700

loc.pfeiffer@kutakrock.com

peter.barrett@kutakrock.com

Counsel to the Debtors

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 10 of 13
5

4844-4451-8758.1

Exhibit 1

Notice

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 11 of 13
4844-4451-8758.1

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

)

In re: ) Chapter 7

)

DELTA CAREER EDUCATION ) Case No. 18-33822

CORPORATION, et al.,

1

)

)

Debtor. )

)

NOTICE OF FILING OF CHAPTER 7 PETITIONS AND 

JOINT ADMINISTRATIONMOTION AND OF PROPOSED HEARING ON JOINT 

ADMINISTRATION MOTION

PLEASE TAKE NOTICE THAT on July 26 and July 27, 2018, the above-captioned 

debtors (collectively, the “Debtors”) filed with the United States Bankruptcy Court for the 

Eastern District of Virginia, Richmond Division (the “Court”), their respective voluntary 

petitions for relief under chapter 7 of the United States Bankruptcy Code, 11 U.S.C. §§ 101-1532 

(the “Bankruptcy Code”) commencing the above-captioned chapter 11 cases.

PLEASE TAKE FURTHER NOTICE THAT together with their chapter 7 petitions, 

the Debtors also requested an expedited hearing before the Court (the “Hearing”) to consider the 

Debtors’ Motion for Entry of an Order (i) Directing Joint Administration of Chapter 7 Cases 

and (ii) Granting Related Relief (the “Joint Administration Motion”).

PLEASE TAKE FURTHER NOTICE THAT the Court has scheduled the Hearing on 

August 1, 2018, at 2:00 p.m., prevailing Eastern Time in Courtroom 5100 of the United States 

 

1 The Debtors in these chapter 7 cases, along with the last four digits of each Debtor’s federal tax identification 

number, include Delta Career Education Corporation (5135); Delta Educational Systems, Inc. (9702); National 

Career Education, Inc. (3855); Southwest Business Colleges, Inc. (3438); Creative Circus, Inc. (1026); Atlantic 

Coast Colleges, Inc. (4068); McCann Education Centers, Inc. (2761); Berks Technical Institute, Inc. (9439); 

McCann School of Business and Technology (2608); Miller-Motte Business College, Inc. (1751); Palmetto 

Technical College, Inc. (6130); Piedmont Business Colleges, Inc. (4202); Academy of Court Reporting, Inc. 

(3484); and The Miami-Jacobs Business College Company (9487). T

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 12 of 13
7

4844-4451-8758.1

Bankruptcy Court for the Eastern District of Virginia, Richmond Division, 701 East Broad 

Street, Richmond, Virginia, 23219.

PLEASE TAKE FURTHER NOTICE THAT a copy of the Joint Administration 

Motion may be viewed on the Court’s website at http://www.vaeb.uscourts.gov in accordance 

with the procedures and fees set forth therein.

PLEASE TAKE FURTHER NOTICE THAT your rights may be affected. You 

should carefully read the Joint Administration Motion and discuss it with your attorney, if 

you have one in these chapter 7 cases. If you do not have an attorney, you may wish to 

consult with one.

PLEASE TAKE FURTHER NOTICE THAT if you do not want the Court to grant the 

relief requested in the Joint Administration Motion, or if you want the Court to consider your 

views on the Joint Administration Motion, then you or your attorney must attend the Hearing. If 

you or your attorney do not take these steps, the Court may decide that you do not oppose the 

relief sought in the Joint Administration Motion and may enter an order granting the relief 

requested in the Joint Administration Motion.

/s/ Peter J. Barrett

KUTAK ROCK LLP

Loc Pfeiffer (VSB No. 39632)

Peter J. Barrett (VSB No. 46179)

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219

804-644-1700

loc.pfeiffer@kutakrock.com

peter.barrett@kutakrock.com

Counsel to the Debtors

Case 18-33822-KLP Doc 4 Filed 07/27/18 Entered 07/27/18 14:45:24 Desc Main

 Document Page 13 of 13