EX PARTE APPLICATION FOR ORDER GRANTING TRUSTEE'S MOTION FOR DETERMINATION OF TAX LIABILITY

WILLIAM T. THURMAN, Bankruptcy Judge.

Gary E. Jubber, the Chapter 11 trustee, and the Plan Trustee under the Confirmed Chapter 11 Plan in the above-entitled case ("Trustee"), through counsel, Fabian & Clendenin, hereby applies ex parte for entry of an Order granting the Trustee's Motion for Determination of Tax Liability dated February 13, 2013 (the "Motion"). In support of this application, the Trustee represents as follows:

1. On February 13, 2013, the Trustee filed a Trustee's Motion for Determination of Tax Liability [Docket No. 834]. Concurrently with the Motion, the Trustee filed a Memorandum in Support of Trustee's Motion for Determination of Tax Liability dated February 13, 2013 (the "Memorandum") [Docket No. 835].

2. The Motion sought a determination pursuant to 11 U.S.C. § 505(a) that the above-entitled bankruptcy estate and the Trustee have no further federal income tax liability for the years 2009 and 2010.

3. A hearing on the Motion was scheduled for March 18, 2013 at 2:30 p.m.

4. On February 13, 2013, copies of the Motion, the Memorandum, and the Notice of Trustee's Motion for Determination of Tax Liability (the "Notice of Motion") [Docket No. 836] were served on the Internal Revenue Service at the address listed in the Register of Governmental Agencies' Mailing Addresses Pursuant to Bankruptcy Rule 5003(e) that is maintained by the Clerk of Court, and were also served on that same date upon the other parties entitled to notice of the Motion. See Certificates of Service attached to and a part of the Motion [Docket No. 834], the Memorandum [Docket No. 835], and the Notice of Motion [Docket No. 836].

5. The Notice of Motion stated that any objections must be filed on or before March 4, 2013 and that, in the absence of a timely objection, the Court could grant the Motion without hearing.

6. The time for filing objections to the Motion has passed and no objections have been filed.

7. Pursuant to Local Rules 9006-1(b) and 9013-1(f), the Court may enter an order granting the relief sought by the Motion without a hearing because no responses to the Motion have been filed.

WHEREFORE, the Trustee respectfully requests that the Court enter an Order:

A. Granting the Trustee's Motion for Determination of Tax Liability;

B. Determining that the above-entitled bankruptcy estate and the Trustee have no further federal income tax liability for the years 2009 and 2010; and

C. Granting such other and further relief as the Court deems just and equitable.