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 MOTION FOR ENTRY OF AN ORDER EXTENDING TIME TO FILE NOTICES OF REMOVAL OF ACTIONS 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 Motion for Entry of an Order Extending Time to File Notice of Removal Actions (the Removal Extension Motion), filed July 22, 2011 (Doc. No. 303) and (ii) set related objection deadlines. Specifically, the Debtor requests that the Court set the following dates: Deadline by which to object to the Removal Extension Motion Hearing on the Removal Extension Motion July 28, 2011 at 4:00 p.m. (prevailing Eastern time) July 29, 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 commencement of this chapter 11 case, the Debtor has been

focused on disposing of substantially all of the Debtors assets and administering this chapter 11 case. The Debtors focus on these critical matters has prevented it from conducting the analysis with respect to which, if any, of the Civil Actions it may seek to remove. Unless the relief

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requested in the Removal Extension Motion is granted, the deadline to file notice to remove the Civil Actions will expire on August 1, 2011, to the potential detriment of the Debtors estate. 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 7 days notice. The Debtor proposes that the objection deadline be scheduled for July 28, 2011 at 4:00 p.m., which is less than 24 hours prior to the hearing date, for any objections to the Removal Extension Motion. 8. Notice of the Removal Extension 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 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. 3

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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: July 22, 2011 New York, New York Respectfully submitted, By: /s/ Jeffrey L. Cohen Jeffrey L. Cohen

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 Jeffrey L. Cohen

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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. :

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CASE NO. 11-22866 (RDD)

---------------------------------------------------------------- X DECLARATION OF JEFFREY L. COHEN 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 MOTION FOR ENTRY OF AN ORDER EXTENDING TIME TO FILE NOTICES OF REMOVAL OF ACTIONS Jeffrey L. Cohen hereby deposes and says: 1. I am an attorney admitted to practice before the Bankruptcy Court and a

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 Motion for Entry of an Order Extending Time to File Notice of Removal Actions (the Removal Extension Motion), filed July 22, 2011 (Doc. No. 303)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 Removal 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 Removal Extension 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 Removal Extension 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. Since the commencement of this chapter 11 case, the Debtor has been

focused on disposing of substantially all of the Debtors assets and administering this chapter 11 case. The Debtors focus on these critical matters has prevented it from conducting the analysis with respect to which, if any, of the Civil Actions it may seek to remove. Unless the relief requested in the Removal Extension Motion is granted, the deadline to file notice to remove the Civil Actions will expire on August 1, 2011, to the potential detriment of the Debtors estate. 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 Removal Extension Motion from fifteen days notice to seven days notice. The Debtor proposes that the objection deadline be scheduled for July 28, 2011 at 4:00 p.m., which is less than 24 hours prior to the hearing date, for any objections to the Removal Extension Motion. The Debtor is seeking to shorten notice only with respect to the procedural aspects of the Removal Extension Motion.

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Dated: New York, NY July 22, 2011 Respectfully submitted, By: /s/ Jeffrey L. Cohen Jeffrey L. Cohen 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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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- X : : IN RE : : METROPARK USA, INC., 1 : : DEBTOR. : ---------------------------------------------------------------- X

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CASE NO. 11-22866 (RDD)

ORDER GRANTING 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 MOTION FOR ENTRY OF AN ORDER EXTENDING TIME TO FILE NOTICES OF REMOVAL OF ACTIONS Upon the ex parte motion (the Motion to Shorten Time), dated June 29, 2011, of Metropark USA, Inc., as debtor and debtor-in-possession in the above-referenced case (collectively, the Debtor), for an order pursuant to Rules 2002(a)(2) and 9006(c) of the Federal Rules of Bankruptcy Procedures (the Bankruptcy Rules) to shorten the notice period to be provided with respect to the Debtors Motion for Entry of an Order Extending Time to File Notice of Removal Actions (the Removal Extension Motion), all as more fully set forth in the Motion to Shorten Time; and the Court having jurisdiction to consider the Motion to Shorten Time and the relief requested therein pursuant to 28 U.S.C. 157 and 1334 and the Standing Order M-61 Referring Cases to Bankruptcy Judges for the Southern District of New York Any and All Proceedings Under Title 11, dated July 10, 1984 (Ward, Acting C.J.); and consideration of the Motion to Shorten Time and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157(b); and venue being proper before this Court pursuant to 28 U.S.C. 1408 and 1409; and it appearing that no notice of the relief requested in the Motion to Shorten Time need be provided; and the Court having determined that the relief sought in the Motion to Shorten Time is in the best interests of the Debtor, its creditors, and all parties in interest; and upon all of

The Debtors tax identification number is 81-0636659.

the proceedings had before the Court and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED that the Motion to Shorten Time is hereby granted; and it is further ORDERED that the hearing to consider the approval of the Removal Extension Motion shall be held on July 29, 2011 at 10:00 a.m. (Eastern Time) before the Honorable Judge Robert D. Drain, United States Bankruptcy Judge, in Room 118 of the United States Bankruptcy Court for the Southern District of New York, 300 Quarropas Street, White Plains, New York, 10601; and it is further ORDERED that any objections to entry of the Removal Extension Motion shall be in writing, filed, and served so as to be actually received by July 28, 2011 at 4:00 p.m. (prevailing Eastern time) by: (i) counsel for the Debtor, Cooley LLP, 1114 Avenue of the Americas, New York, NY 10036, Attn: Cathy Hershcopf, Esq. and Jeffrey L. Cohen, Esq.; (ii) the Debtor, Metropark USA, Inc., 5750 Grace Place, Los Angeles, CA 90022, Attn: Rick Hicks; (iii) CRG Partners Group, 7625 Wisconsin Ave. Bethesda, MD 20814, Attn: Craig Boucher; (iv) counsel to the Official Committee of Unsecured Creditors, Blakeley & Blakely LLP, 444 South Flower Street, Suite 1750, Los Angeles, CA 90017, Attn: Ronald A. Clifford, Esq.; (iv) counsel to Wells Fargo Bank, N.A., the Prepetition Senior Secured Lender: Riemer & Braunstein, LLP, Three Center Plaza, Boston, Massachusetts 02108 (Attn: Donald E. Rothman, Esq.; (v) counsel to the Second Lien Agent, Solomon Ward Seidenwurm & Smith, LLP, 401 B Street, Ste. 1200, San Diego, CA 32101, Attn: Michael D. Breslauer, Esq.; and (vi) the Office of the United States Trustee for the Southern District of New York, 33 Whitehall Street, 21st Floor, New York, NY 10004, Attn: Susan Golden, Esq. ORDERED that due and proper notice of the Removal Extension Motion has been provided by the Debtor and no other or further notice is required; and it is further

ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation and/or enforcement of this Order. Dated: July _____, 2011 White Plains, New York

HONORABLE ROBERT D. DRAIN UNITED STATES BANKRUPTCY JUDGE