In Re Schepps Food Stores, Inc.

OPINION

HUGHES, District Judge.

1.Introduction

On the eve of the confirmation hearing, Smith Management Company filed this emergency appeal. The bankruptcy court decided to hear Smith’s motion for the appointment of an examiner only if the debt- or, National Convenience Stores, fails to obtain confirmation of the plan in December, 1992. Smith argues that, under the bankruptcy code, the bankruptcy court has no discretion to deny the appointment of an examiner before confirmation of a plan; thus the bankruptcy court’s scheduling effectively denies Smith’s right to an examiner. While Smith’s…