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Case 13-30466 Document 152 Filed in TXSB on 09/30/13 Page 1 of 4

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE IMPERIAL PETROLEUM RECOVERY CORPORATION DEBTOR

CASE NO. 13-30466-H4-11 CHAPTER 11 (CONVERTED 04/04/2013)

CREDITORS EMERGENCY MOTION TO DENY DEBTORS COMBINED DISCLOSURE STATEMENT AND PLAN OF REORGANIZATION (Refers to ECF Document #129) A HEARING IS REQUESTED ON OCTOBER 10, 2013 AT 2:00 P.M.
RULE 9013 NOTICE THIS MOTION SEEKS AN ORDER THAT MAY ADVERSELY AFFECT YOU. IF YOU OPPOSE THE MOTION, YOU SHOULD IMMEDIATELY CONTACT THE MOVING PARTY TO RESOLVE THE DISPUTE. IF YOU AND THE MOVING PARTY CANNOT AGREE, YOU MUST FILE A RESPONSE AND SEND A COPY TO THE MOVING PARTY. YOU MUST FILE AND SERVE YOUR RESPONSE WITHIN 21 DAYS OF THE DATE THIS WAS SERVED ON YOU. YOUR RESPONSE MUST STATE WHY THE MOTION SHOULD NOT BE GRANTED. IF YOU DO NOT FILE A TIMELY RESPONSE, THE RELIEF MAY BE GRANTED WITHOUT FURTHER NOTICE TO YOU. IF YOU OPPOSE THE MOTION AND HAVE NOT REACHED AN AGREEMENT, YOU MUST ATTEND THE HEARING. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT MAY CONSIDER EVIDENCE AT THE HEARING AND MAY DECIDE THE MOTION AT THE HEARING. EMERGENCY RELIEF HAS BEEN REQUESTED. IF THE COURT CONSIDERS THE MOTION ON AN EMERGENCY BASIS, THEN YOU WILL HAVE LESS THAN 21 DAYS TO ANSWER. IF YOU OBJECT TO THE REQUESTED RELIEF OR IF YOU BELIEVE THAT THE EMERGENCY CONSIDERATION IS NOT WARRANTED, YOU SHOULD FILE AN IMMEDIATE RESPONSE.

TO THE HONORABLE JEFF BOHM, CHIEF UNITED STATES BANKRUPTCY JUDGE: COMES NOW Don B. Carmichael, K.K. & P.K. Family, L.P., Barry D. Winston, and Gary Emmott (collectively referred to as

Creditors), and file this Emergency Motion to Deny Debtors Combined Disclosure Statement and Plan of Reorganization (the Motion), and would respectfully show as follows: JURISDICTION AND VENUE 1. The Court has jurisdiction to consider this Motion

pursuant to 28 U.S.C. Sections 157 and 1334.

This is a core Venue is

proceeding pursuant to 28 U.S.C. Section 157(b)(2).

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proper in this district pursuant to 11 U.S.C. Section 1408 and 1409. BACKGROUND 2. On January 31, 2013, the Creditors filed an involuntary

petition against Debtor under chapter 7 of Title 11 of the United States Code (ECF Document #1). On April 3, 2013, the Debtor filed

a motion to convert the case to one under chapter 11 (ECF Document #14). On April 4, 2013, the Court entered an order for relief (ECF

Document #21) and an order granting Debtors motion to convert (ECF Document #22). 3. On April 3, 2013, the Debtor filed a document entitled

Debtors Rule 1020 Statement setting forth it is not a small business debtor (ECF Document #16). 4. Notwithstanding its Rule 1020 Statement, the Debtor

proceeded to file a Combined Disclosure Statement and Plan of Reorganization on September 17, 2013 (ECF Document #129). 5. Bankruptcy Rule 3017.1(a) and Bankruptcy Code Section

1125(f) provide that in a small business case, the Court may conditionally approve a disclosure statement subject to final approval and that the hearing on the disclosure statement may be combined with the hearing on confirmation of the plan. 6. This is not a small business case. The Debtor should not

be permitted to circumvent the Bankruptcy Rules and Bankruptcy Code by filing a combined disclosure statement and plan. RELIEF REQUESTED 7. Creditors request that the Debtor be ordered to comply

with the applicable Bankruptcy Rules and the Bankruptcy Code and file a separate disclosure statement and plan. -2-

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8.

The Creditors are filing this Motion on an emergency

basis to avoid further settings and/or deadlines on Debtors proposed Combined Disclosure Statement and Plan of Reorganization. 9. Creditors request that the foregoing Emergency Motion be

set for hearing on October 10, 2013 at 2:00 p.m., which is the date and time a Status Conference Hearing is being conducted in this case (ECF Document #144). WHEREFORE, PREMISES CONSIDERED, Creditors request that the Court deny Debtors Combined Disclosure Statement and Plan of Reorganization, and for such other and further relief as is just. RESPECTFULLY SUBMITTED this 30th day of September, 2013. /s/ Karen R. Emmott KAREN R. EMMOTT SBN 16757900 Admissions No. 2000 4615 Southwest Frwy., Ste 500 Houston, TX 77027 Tel: (713) 739-0008 Fax: (713) 481-6262 Local Counsel for Creditors CERTIFICATE OF SERVICE I hereby certify that on this 30th day of September, 2013 I sent a true and correct copy of the above and foregoing Creditors Motion to Deny Debtors Combined Disclosure and Plan to the following parties by the following means: Debtors Attorney: Leonard H. Simon The Riviana Building 2777 Allen Parkway, Ste 800 Houston, Texas 77019 Via ECF Debtors Attorney: William Kyle Vaughn The Riviana Building 2777Allen Parkway, Ste 800 Houston, TX 77019 Via ECF -3-

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US Trustee: Christine March Office of U.S. Trustee 5151 Rusk Avenue, Ste. 3516 Houston, Texas 77002 Via ECF Attorney for SEC: Sonia Chae Securities and Exchange Commission 175 West Jackson Blvd. Suite 900 Chicago, Illinois 60604 Via regular US mail Attorney for Agribiofuels, LLC: John F. Chapton, Jr. Jeremy J. Sanders Gwyneth A. Campbell Two Riverway, Ste 1500 Houston, TX 77056 Via ECF Attorney for Aldine ISD: Courteney F. Harris 14910 Aldine-Westfield Road Houston, TX 77032 Via ECF Attorney for Greens Parkway Municipal Utility District: Carl O. Sandin Via ECF Attorney for Harris County: Tara L. Grundemeir Linebarger Goggan PO Box 3064 Houston, TX 77253 Via ECF

/s/ Karen R. Emmott KAREN R. EMMOTT

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