COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile:

(212) 479-6275 Cathy Hershcopf Jeffrey L. Cohen Alex R. Velinsky Attorneys for Debtor and Debtor in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- X : : IN RE : : METROPARK USA, INC., 1 : : DEBTOR. : ---------------------------------------------------------------- X EX PARTE MOTION OF THE DEBTOR PURSUANT TO BANKRUPTCY RULES 2002(A)(2) AND 9006(C) TO SHORTEN TIME WITH RESPECT TO HEARING ON THE DEBTORS EMERGENCY MOTION FOR AUTHORITY TO ABANDON AND/OR DESTROY CERTAIN DOCUMENTS AND RECORDS TO THE HONORABLE ROBERT D. DRAIN, UNITED STATES BANKRUPTCY JUDGE: Metropark USA, Inc., as debtor and debtor in possession (the Debtor), respectfully represents: BACKGROUND General 1. On May 2, 2011 (the Petition Date), the Debtor commenced a case by filing a

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CASE NO. 11-22866 (RDD)

petition for relief in this Court under chapter 11 of the Bankruptcy Code. The Debtor is continuing to operate its business and manage its properties as a debtor in possession pursuant to 1107 and 1108 of the Bankruptcy Code.

The Debtors tax identification number is 81-0636659.

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2.

On May 6, 2011, the United States Trustee for the Southern District of New York

appointed the Official Committee of Unsecured Creditors (the Committee). No request has been made for the appointment of a trustee or examiner. JURISDICTION 3. This Court has jurisdiction to consider this matter pursuant to 28 U.S.C.

157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. RELIEF REQUESTED 4. By this motion (the Motion to Shorten Time), the Debtor seeks to (i)

shorten the notice period and fix the date, time and place for an expedited hearing on the Debtors Emergency Motion to Abandon and/or Destroy Certain Documents and Records (the Records Destruction Motion), filed June 29, 2011 (Doc. No. 264) and (ii) set related objection deadlines. Specifically, the Debtor requests that the Court set the following dates: Deadline by which to object to the Records Destruction Motion Hearing on the Extension Motion July 8, 2011 at 4:00 p.m. (prevailing Eastern time) June 11, 2011 at 10:00 a.m. (prevailing Eastern time)

Cause Exists to Shorten the Notice Period for the Extension Motion 5. Bankruptcy Rules 2002(a)(2) and 9006(c)(1) authorize this Court, for

cause shown, to reduce the notice period required for a hearing. The Debtor submits that ample cause exists for shortening the time as requested herein. 6. Since the Petition Date, the Debtor has accomplished an orderly liquidation of

substantially all of its assets. As the Debtor conducted going out of business sales at all of its store locations, it substantially reduced its employee headcount in its stores and at its corporate headquarters. Currently, only one employee remains in the Debtors corporate headquarters,

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which the Debtor intends to close imminently.

Upon closure of the Debtors corporate

headquarters it with either have to destroy, abandon or move its documents and records. Pursuant to the Records Destruction Motion, the Debtor requests authority to abandon and/or destroy certain documents that the Debtor has determined are burdensome to its estate and of no value to the estate or its creditors. Any delay in obtaining this relief will force the Debtor to incur unnecessary costs and expenses in connection with the moving or storage of the documents and records the Debtor seeks to abandon and/or destroy. The Debtor will retain all records other than those it is requesting authority to abandon and/or destroy pursuant to the Records Destruction Motion unless and until it requests further relief from the Court. 7. The Order Pursuant to Section 105(a) of the Bankruptcy Code and

Bankruptcy Rules 1015(c) and 9007 to Implement Certain Case Management Procedures, entered May 9, 2011 (Doc. No. 62) (the Case Management Order) requires that all pleadings be served at least fifteen calendar days prior to the next scheduled omnibus hearing date. The Case Management Order also requires that objection deadlines for all pleadings be scheduled at least five calendar days prior to the hearing, unless the request for relief is set on an expedited basis and filed less than ten days prior to the hearing date. Therefore, the Debtor is requesting that the Court shorten the notice period with respect to the hearing to consider entry of an order granting the relief requested in Extension Motion from fifteen days notice to 11 days notice. The Debtor proposes that the objection deadline be scheduled for July 8, 2011 at 4:00 p.m., which is concurrent three days prior to the hearing date, for any objections to the Records Destruction Motion. 8. Notice of the Records Destruction Motion and the order approving this

Motion to Shorten Time will be served by overnight courier service, facsimile or electronic mail within one day of entry of the order on this Motion to Shorten Time on (i) the Office of the United States Trustee for the Southern District of New York (Attn: Susan D. Golden, Esq.), (ii) counsel to the Committee; (iii) counsel to the Debtors prepetition secured lenders; and (iv) all parties on 3
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the Master Service List pursuant to the Case Management Order. The Debtor submits that no other or further notice need be provided. NOTICE 9. Pursuant to Bankruptcy Rule 9006(c)(1), the Court may shorten time

without notice. Accordingly, no notice of this Motion to Shorten Time has been given. 10. No previous request for the relief sought herein has been made by the

Debtor to this or any other court. WHEREFORE, the Debtor respectfully requests that the Court approve the shortened notice periods requested herein, and grant the Debtor such other and further relief as is just and appropriate. Dated: June 29, 2011 New York, New York Respectfully submitted, By: /s/ Cathy Hershcopf Cathy Hershcopf

COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 Cathy Hershcopf (CH 5875) Jeffrey L. Cohen (JC 2556) Alex R. Velinsky (AV 1012) Attorneys for Debtor and Debtor in Possession

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Exhibit A Declaration of Cathy Hershcopf

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COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 Cathy Hershcopf Jeffrey L. Cohen Alex R. Velinsky Attorneys for Debtor and Debtor in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- X : : IN RE : : METROPARK USA, INC., 1 : : DEBTOR. : ---------------------------------------------------------------- X DECLARATION OF CATHY HERSHCOPF IN SUPPORT OF EX PARTE MOTION OF THE DEBTOR PURSUANT TO BANKRUPTCY RULES 2002(A)(2) AND 9006(C) TO SHORTEN TIME WITH RESPECT TO HEARING ON THE DEBTORS EMERGENCY MOTION FOR AUTHORITY TO ABANDON AND/OR DESTROY CERTAIN DOCUMENTS AND RECORDS Cathy Hershcopf hereby deposes and says: 1. I am an attorney admitted to practice before the Bankruptcy Court and a

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CASE NO. 11-22866 (RDD)

member of Cooley LLP, attorneys for Metropark USA, Inc., debtor and debtor-in-possession in the above-referenced chapter 11 case (the Debtor). 2. I submit this Declaration in Support of the Ex Parte Motion (the Motion to

Shorten Time) of the Debtor to Shorten Time With Respect to Hearing on the Debtors Emergency Motion to Abandon and/or Destroy Certain Documents and Records (the Records Destruction Motion), filed June 29, 2011 (Doc. No. 264)2.

1 2

The Debtors tax identification number is 81-0636659.

Capitalized terms not otherwise defined shall have the meanings ascribed to them in the Extension Motion.

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3.

All statements contained herein are based on personal knowledge or

made upon information and belief. The Need for Shortened Notice With Respect to Hearing on the Records Destruction Motion and Objection Deadline 4. In the Motion to Shorten Time, the Debtor is asking this Court to shorten

the notice periods with respect to the hearing to consider the Records Destruction Motion and related objection deadline. There are critical reasons why the Debtor has sought this relief and why cause exists to grant the shortened notice period the Debtor has requested in the Motion to Shorten Time. 5. The Debtor is currently in the process of disposing of its assets and

winding down its affairs. Shortly after the petition date, the Debtor commenced going out of business sales at all of its store locations. As the Debtors going out of business sales have terminated, the Debtor has closed its store locations and terminated the employment of virtually all of its employees. The Debtor has determined that it is necessary and appropriate at this time to close its corporate headquarters and destroy and/or abandon certain documents and records currently stored there. The documents and records that the Debtor seeks to abandon and/or destroy pursuant to the Records Destruction Motion are not needed in connection with the further administration and wind down of this Chapter 11 Case. A delay in obtaining the relief requested in the Records Destruction Motion will result in unnecessary costs to the Debtors estate. Accordingly, an expedited hearing date is necessary and appropriate. 6. Therefore, the Debtor is requesting that the Court shorten the notice

period with respect to the hearing to consider entry of an order granting the relief requested in the Records Destruction Motion from fifteen days notice to eleven days notice. The Debtor proposes that the objection deadline be scheduled for July 8, 2011 at 4:00 p.m., which is three days prior to the hearing date, for any objections to the Records Destruction Motion. The

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Debtor is seeking to shorten notice only with respect to the procedural aspects of the Records Destruction Motion. Dated: New York, NY June 29, 2011 Respectfully submitted, By: /s/ Cathy Hershcopf Cathy Hershcopf COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 Cathy Hershcopf (CH 5875) Jeffrey L. Cohen (JC 2556) Alex R. Velinsky (AV 1012) Attorneys for Debtor and Debtor in Possession

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