AVENIR MEMORY CARE @ FAYETTEVILLE LP
Debtor: AVENIR MEMORY CARE @ FAYETTEVILLE LP
Trustee: ZCHAPTER 11 FMC
Us Trustee: U.S. TRUSTEE
Case Number: 2:2023bk02640
Filed: April 25, 2023
Court: U.S. Bankruptcy Court for the District of Arizona
Presiding Judge: Brenda Moody Whinery
Nature of Suit: Other
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Docket Report

This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2023 Filing 112 Notice of Motion for Relief from Stay , Abandonment, and for Related Relief filed by Martin B. Tucker of Dinsmore & Shohl LLP on behalf of Merchants Bank of Indiana (related document(s)#111 Motion for Relief from Stay (188.00 fee)) Objections/Responses due by 9/6/2023,.(Tucker, Martin)
August 23, 2023 Filing 111 Motion for Relief from Stay (188.00 fee) , Abandonment, and for Related Relief filed by Martin B. Tucker of Dinsmore & Shohl LLP on behalf of Merchants Bank of Indiana (Attachments: #1 Exhibit Exhibit A - The Loan #2 Exhibit Exhibit B - The Loan Documents #3 Exhibit Exhibit C - The Anthem Declaration). (Tucker, Martin)
August 23, 2023 Receipt of Motion for Relief from Stay (188.00 fee)(# 2:23-bk-02640-BMW) [motion,185] ( 188.00) Filing Fee. Receipt number A35906903. Fee amount 188.00. (U.S. Treasury)
August 22, 2023 Filing 110 Chapter 11 Monthly Operating Report For July 2023 filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (Attachments: #1 Exhibit Supporting Schedules Part One #2 Exhibit Supporting Schedules Part Two)(RUDD, PHILIP)
August 21, 2023 Filing 109 Second Notice of Filing Re: Upcoming Ombudsman Report filed by SUSAN N. GOODMAN of Pivot Health Law, LLC on behalf of SUSAN NIELSEN GOODMAN.(GOODMAN, SUSAN)
August 8, 2023 Filing 108 BNC Certificate of Notice - PDF Document (related document(s)#106 Notice) (Admin.)
August 8, 2023 Filing 106 Notice (related document(s)#105 Order Setting Hearing) (FXG)
August 8, 2023 Filing 105 EVIDENTIARY HEARING SCHEDULING ORDER signed on 8/8/2023 This order sets two (2) hearings as follows: 1) Status Hearing and Technical Testing Session set on 9/12/23 at 10:30 AM; and 2) Evidentiary Hearing set on 9/20/23 at 9:30 AM. (related document(s)#10 Motion Regarding Chapter 11 First Day Motions, #40 Order on Motion Rgarding Chapter 11 First Day Motions, #76 Order Granting, #103 Objection) Modified on 8/8/20203 to edit docket text (FXG).
August 2, 2023 Filing 107 Minutes of Hearing held on: 08/02/2023Subject: STATUS HEARING REGARDING THE CASE (SET AT HEARING HELD 07/20/2023) AND MOTION FOR ORDER AUTHORIZING DEBTOR'S USE OF CASH COLLATERAL (CONT. FROM 05/03/2023) (CONT. FROM 05/30/2023) (vCal Hearing ID (1596789)). (related documents #1 , #10 )(RLV)
August 2, 2023 Filing 104 PDF with attached Audio File. Court Date & Time [ 08/02/2023 10:00 AM ]. File Size [ 15,820 KB ]. Run Time [ 00:33:45 ]. (vCal Hearing ID (1596789)).(FXG, ).
July 28, 2023 Filing 103 Objection filed by Sara Johnston of Dinsmore on behalf of Merchants Bank of Indiana (related document(s)#10 Motion Regarding Chapter 11 First Day Motions, #40 Order on Motion Rgarding Chapter 11 First Day Motions, #76 Order Granting). (Johnston, Sara)
July 25, 2023 Filing 102 BNC Certificate of Notice (related document(s)#101 Notice of Hearing) (Admin.)
July 25, 2023 Filing 101 Notice of Videoconference Hearing (related document(s)#1 Voluntary Petition (Chapter 11)). Status Hearing set for 8/2/2023 at 10:00 AM by videoconference. (RLV)
July 24, 2023 Filing 99 Chapter 11 Monthly Operating Report For June 2023 filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (Attachments: #1 Exhibit Supporting Schedules)(RUDD, PHILIP)
July 20, 2023 Filing 100 Minutes of Hearing held on: 07/20/2023Subject: EXPEDITED HEARING RE: MOTION FOR ORDER AUTHORIZING THE DEBTOR (A) TO USE CASH COLLATERAL TO PAY DOWN PAYMENT FOR INSURANCE PREMIUMS AND (B) TO ENTER INTO INSURANCE PREMIUM FINANCING AGREEMENT (vCal Hearing ID (1598594)). (related documents #1, #91)(RLV) Modified text on 7/25/2023 (RLV).
July 20, 2023 Filing 98 PDF with attached Audio File. Court Date & Time [ 07/20/2023 01:00 PM ]. File Size [ 3,062 KB ]. Run Time [ 00:06:32 ]. (vCal Hearing ID (1598594)).(VXV, ).
July 20, 2023 Opinion or Order Filing 97 ORDER Authorizing the Debtor (A) to Use Cash Collateral to Pay Downpayment for Insurance Premiums and (B) to Enter into Insurance Premium Financing Agreement (Related Doc #91) signed on 7/20/2023 . (WES)
July 20, 2023 Filing 96 Notice of Lodging Proposed Order // Order Authorizing the Debtor (A) To Use Cash Collateral to Pay Downpayment for Insurance Premiums and (B) To Enter Into Insurance Premium Financing Agreement filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#91 Motion to Authorize, #92 Motion to Accelerate/Expedite, #94 Order on Motion to Accelerate/Expedite, #95 Certificate of Service).(RUDD, PHILIP)
July 18, 2023 Filing 95 Certificate of Service filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#92 Motion to Accelerate/Expedite, #94 Order on Motion to Accelerate/Expedite).(RUDD, PHILIP)
July 14, 2023 Opinion or Order Filing 94 ORDER Granting Motion to Accelerate/Expedite Regarding Debtor's Motion for Order Authorizing the Debtor (A) to Use Cash Collateral to Pay Downpayment for Insurance Premiums and (B) to Enter into Insurance Premium Financing Agreements (Related Doc #92) signed on 7/14/2023 Hearing on Emergency/Expedited Motion set for 7/20/2023 at 01:00 PM at Videoconference Hearing Objections/Responses due by 12:00 PM on 7/19/2023, . (WES)
July 14, 2023 Filing 93 Notice of Lodging Proposed Order // Order Setting Accelerated Hearing Regarding Debtor's Motion for Order Authorizing the Debtor (A) to Use Cash Collateral to Pay Downpayment for Insurance Premiums and (B) to Enter into Insurance Premium Financing Agreement filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#91 Motion to Authorize, #92 Motion to Accelerate/Expedite).(RUDD, PHILIP)
July 13, 2023 Filing 92 Motion to Accelerate/Expedite // Motion to Set Expedited Hearing Regarding Debtor's Motion for Order Authorizing the Debtor (A) to Use Cash Collateral to Pay Downpayment for Insurance Premiums and (B) to Enter into Insurance Premium Financing Agreement filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#91 Motion to Authorize). (RUDD, PHILIP)
July 13, 2023 Filing 91 Motion to Authorize // Motion for Order Authorizing the Debtor (A) to Use Cash Collateral to Pay Downpayment for Insurance Premiums and (B) to Enter into Insurance Premium Financing Agreement filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (RUDD, PHILIP)
July 6, 2023 Opinion or Order Filing 89 ORDER Granting Application to Employ (Related Doc #80) signed on 7/6/2023 . (FXG)
July 5, 2023 Filing 90 BNC Certificate of Notice - PDF Document (related document(s)#87 Report by Health Care Ombudsman) (Admin.)
July 5, 2023 Filing 88 Notice of Lodging Proposed Order // Order Authorizing Debtor's Retention of Real Estate Brokers filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#80 Application to Employ).(RUDD, PHILIP)
July 3, 2023 Filing 87 First Report by Health Care Ombudsman dated 7/3/2023 filed by SUSAN N. GOODMAN of Pivot Health Law, LLC on behalf of SUSAN NIELSEN GOODMAN. (GOODMAN, SUSAN)
June 30, 2023 Filing 86 Notice of Lodging Proposed Order // Order Authorizing Debtor's Retention of Real Estate Brokers filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#80 Application to Employ).(RUDD, PHILIP)
June 27, 2023 Filing 85 Amendment to Mailing List (32.00 fee) filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (RUDD, PHILIP)
June 27, 2023 Receipt of Amendment to Mailing List (32.00 fee)(# 2:23-bk-02640-BMW) [other,1559] ( 32.00) Filing Fee. Receipt number A35763267. Fee amount 32.00. (U.S. Treasury)
June 25, 2023 Filing 84 First Notice of Filing Re: Upcoming Ombudsman Report Filing filed by SUSAN N. GOODMAN of Pivot Health Law, LLC on behalf of SUSAN NIELSEN GOODMAN.(GOODMAN, SUSAN)
June 22, 2023 Filing 83 Chapter 11 Monthly Operating Report For May 2023 filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (Attachments: #1 Exhibit Supporting Schedules)(RUDD, PHILIP)
June 8, 2023 Filing 82 Amendment to Schedules (A/B,C,G,H,I,J) /Amended Schedule A/B filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (Attachments: #1 Exhibit 77a #2 Exhibit 77b)(RUDD, PHILIP)
June 6, 2023 Filing 81 Notice of Withdrawal of Counsel filed by SIERRA M MINDER of SACKS TIERNEY on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP.(MINDER, SIERRA)
June 6, 2023 Filing 80 Application to Employ // Application to Employ Real Estate Brokers; and Declaration of Brokers filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (Attachments: #1 Exhibit A - G). (RUDD, PHILIP)
May 31, 2023 Filing 78 Notice of Entry // Supplemental Notice of Entry of Interim Order Granting Motion to Determine Adequate Assurance of Utilities and to Establish Procedures for the Resolution of Related Disputes filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#12 Motion Regarding Chapter 11 First Day Motions, #35 Order on Motion Rgarding Chapter 11 First Day Motions) Objections/Responses due by 6/20/2023,.(RUDD, PHILIP)
May 30, 2023 Filing 79 Minutes of Hearing held on: 05/30/2023Subject: CHAPTER 11 CASE MANAGEMENT STATUS HEARING AND DEBTOR'S MOTION FOR ORDER AUTHORIZING DEBTOR'S USE OF CASH COLLATERAL (CONT. FROM 05/03/2023) AND DEBTOR'S MOTION TO DETERMINE ADEQUATE ASSURANCE OF UTILITIES AND TO ESTABLISH PROCEDURES FOR THE RESOLUTION OF RELATED DISPUTES (CONT. FROM 05/03/2023) AND UNITED STATES TRUSTEE'S MOTION FOR THE APPOINTMENT OF A PATIENT CARE OMBUDSMAN (vCal Hearing ID (1595437)). Hearing set for 08/02/2023 at 10:00 AM by videoconference. (related documents #1, #10, #12, #50)(RLV) Modified text on 6/2/2023 (RLV).
May 30, 2023 Filing 77 First Minutes of 341 Meeting Held 5/30/23 @ 10:30 a.m. filed by EDWARD K. BERNATAVICIUS of UNITED STATES TRUSTEE on behalf of U.S. TRUSTEE.(Griffiths, Dale)
May 30, 2023 Filing 76 Second Stipulated Interim ORDER Authorizing Debtor's Use of Cash Collateral Through July 31, 2023 signed on 5/30/2023 (related document(s)#10 Motion Regarding Chapter 11 First Day Motions) . (VXV)
May 30, 2023 Filing 75 Notice of Appearance and Request for Notices by Paient Care Ombudsman filed by SUSAN N. GOODMAN of Pivot Health Law, LLC on behalf of SUSAN NIELSEN GOODMAN.(GOODMAN, SUSAN)
May 30, 2023 Filing 74 Notice of Lodging Proposed Order // Second Stipulated Interim Order Authorizing Debtor's Use of Cash Collateral Through July 31, 2023 filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#9 Declaration, #10 Motion Regarding Chapter 11 First Day Motions, #40 Order on Motion Rgarding Chapter 11 First Day Motions).(RUDD, PHILIP)
May 30, 2023 Filing 73 PDF with attached Audio File. Court Date & Time [ 05/30/2023 09:30 AM ]. File Size [ 10,836 KB ]. Run Time [ 00:23:07 ]. (vCal Hearing ID (1595437)).(WES, ).
May 30, 2023 Opinion or Order Filing 72 ORDER Granting Appointment of Susan N. Goodman as Patient Care Ombudsman signed on 5/30/2023 (related document(s)#70 U.S. Trustee Motion to Appoint) . (WES)
May 26, 2023 Filing 71 Notice of Lodging Proposed Order Approving Appointment of Susan N. Goodman as Patient Care Ombudsman filed by EDWARD K. BERNATAVICIUS of UNITED STATES TRUSTEE on behalf of U.S. TRUSTEE (related document(s)#70 U.S. Trustee Motion to Appoint).(Stewart, Christopher)
May 26, 2023 Filing 70 U.S. Trustee Motion to Appoint United States Trustee's Application for Order Approving Appointment of Susan Goodman as Patient Care Ombudsman filed by EDWARD K. BERNATAVICIUS of UNITED STATES TRUSTEE on behalf of U.S. TRUSTEE (Attachments: #1 Exhibit A - Verified Statement and Resume).(Stewart, Christopher)
May 25, 2023 Opinion or Order Filing 69 ORDER Granting U.S. Trustee Motion for the Appointment of a Patient Care Ombudsman and Vacating Hearing scheduled for May 30, 2023 at 9:30 AM signed on 5/25/2023 (related document(s)#50 U.S. Trustee Motion to Appoint, #51 U.S. Trustee Motion - Notice of Hearing) . (VXV)
May 24, 2023 Filing 68 Chapter 11 Monthly Operating Report For April 2023 filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (Attachments: #1 Exhibit Supporting Schedules #2 Exhibit Addendum)(RUDD, PHILIP)
May 24, 2023 Filing 67 Notice of Lodging Proposed Order Granting United States Trustee's Motion for Appointment of a Patient Care Ombudsman and Vacating Hearing on Motion to Appoint Patient Ombudsman Scheduled for May 30, 2023 at 9:30 am filed by EDWARD K. BERNATAVICIUS of UNITED STATES TRUSTEE on behalf of U.S. TRUSTEE.(CRAIG, COLEEN)
May 23, 2023 Filing 66 Statement of Position // Debtor's Statement of Position Regarding the U.S. Trustee's Motion for Appointment of a Patient Care Ombudsman filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (related document(s)#50 U.S. Trustee Motion to Appoint, #51 U.S. Trustee Motion - Notice of Hearing) (RUDD, PHILIP)
May 22, 2023 Filing 65 Debtor Declaration Re: Electronic Filing (RDC)
May 22, 2023 Filing 64 Certificate of Service filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (related document(s)#63 Order Setting Last Day to File Claims) (RUDD, PHILIP)
May 18, 2023 Opinion or Order Filing 63 ORDER Setting Last Day to File Claims signed on 5/18/2023 (related document(s)#56 Motion to Set Last Day to File Proofs of Claim) Proof of Claims due by 7/24/2023, . (VXV)
May 18, 2023 Filing 62 Supplemental Verified Statement of Professional FRBP 2014 // Supplemental and Amended Declaration Pursuant to Rule 2014 by Attorneys for the Debtor filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (related document(s)#5 Verified Statement of Professional FRBP 2014) (RUDD, PHILIP)
May 17, 2023 Filing 61 Schedules and Statements for Non-Individual filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. Electronic Filing Declaration due by 05/24/2023, (Attachments: #1 Exhibit SOFA No. 3)(RUDD, PHILIP)
May 16, 2023 Filing 60 Notice of Appearance and Request for Special Notice filed by ADAM B. NACH of LANE & NACH, P.C. on behalf of 1 of a Kind In-Home Care and Medical Services, LLC.(NACH, ADAM)
May 15, 2023 Filing 59 Notice of Appearance filed by CAROLYN J. JOHNSEN of DICKINSON WRIGHT PLLC on behalf of Echelon Wealth Partners, Inc..(JOHNSEN, CAROLYN)
May 11, 2023 Filing 57 Notice of Lodging Proposed Order // Order Setting and Notice of: The Deadline for the Filing of Proofs of Claim filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#56 Motion to Set Last Day to File Proofs of Claim).(RUDD, PHILIP)
May 11, 2023 Filing 56 Motion to Set Last Day to File Proofs of Claim // Motion to Establish Bar Date For Filing Proofs of Claim filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (RUDD, PHILIP)
May 11, 2023 Filing 55 Notice of Entry // Amended Notice of Entry of Interim Order Granting Motion to Determine Adequate Assurance of Utilities and to Establish Procedures for the Resolution of Related Disputes filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#12 Motion Regarding Chapter 11 First Day Motions, #35 Order on Motion Rgarding Chapter 11 First Day Motions, #38 Notice of Entry) Objections/Responses due by 5/23/2023,.(RUDD, PHILIP)
May 10, 2023 Filing 58 BNC Certificate of Notice - PDF Document (related document(s)#51 U.S. Trustee Motion - Notice of Hearing) (Admin.)
May 10, 2023 Filing 54 Schedules/Statements due by 5/17/2023, (VXV)
May 10, 2023 Opinion or Order Filing 53 ORDER Granting Motion to Extend time to file Schedules and Statements (Related Doc #48) signed on 5/10/2023 . (VXV)
May 10, 2023 Filing 52 The United States Trustee advises the Court that a committee under 11 U.S.C. sec. 1102 has not been appointed because an insufficient number of persons holding unsecured claims against the debtor have expressed interest in serving on a committee. The UST reserves the right to appoint such a committee should interest develop among the creditors. Filed by United States Trustee. (POPOVICH, CAROL)
May 10, 2023 Filing 51 Notice of Hearing on U.S. Trustee Motion for the Appointment of a Patient Care Ombudsman filed by EDWARD K. BERNATAVICIUS of UNITED STATES TRUSTEE on behalf of U.S. TRUSTEE (related document(s)#50 U.S. Trustee Motion to Appoint) Hearing on Motion set for 5/30/2023 at 09:30 AM at Videoconference Hearing Objections/Responses due by 5/23/2023,.(Stewart, Christopher)
May 9, 2023 Filing 50 U.S. Trustee Motion to Appoint United States Trustee's Motion for the Appointment of a Patient Care Ombudsman filed by EDWARD K. BERNATAVICIUS of UNITED STATES TRUSTEE on behalf of U.S. TRUSTEE.(Stewart, Christopher)
May 9, 2023 Filing 49 Notice of Lodging Proposed Order filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#48 Motion to Extend).(RUDD, PHILIP)
May 9, 2023 Filing 48 Motion to Extend /Motion for Extension of Time to File All Required Statements and Schedules filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (RUDD, PHILIP)
May 9, 2023 Filing 46 Certificate of Service filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#43 Notice of Errata, #44 Notice of Entry).(RUDD, PHILIP)
May 9, 2023 Filing 45 Certificate of Service filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (related document(s)#37 Notice of Entry, #38 Notice of Entry) (RUDD, PHILIP)
May 9, 2023 Filing 44 Notice of Entry // Notice of Entry of Stipulated Interim Order Authorizing Debtor's Use of Cash Collateral Through May 31, 2023 filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#41 Order Granting) Objections/Responses due by 5/26/2023,.(RUDD, PHILIP)
May 9, 2023 Filing 43 Notice of Errata // Notice of Errata and Submission of Corrected Exhibit "A" to Stipulated Interim Order Authorizing Debtor's Use of Cash Collateral Through May 31, 2023 filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#40 Order on Motion Rgarding Chapter 11 First Day Motions, #41 Order Granting) (Attachments: #1 Exhibit A).(RUDD, PHILIP)
May 5, 2023 Filing 41 Duplicate - Stipulated Interim ORDER Authorizing Debtor's Use of Cash Collateral Through May 31, 2023 signed on 5/5/2023 (related document(s)#10 Motion Regarding Chapter 11 First Day Motions) . (WES) Modified on 5/9/2023 (WES). Modified text on 5/10/2023 (RLV).
May 5, 2023 Filing 40 Stipulated Interim ORDER Authorizing Debtor's Use of Cash Collateral Through May 31, 2023 (Related Doc #10) signed on 5/5/2023 . (VXV) Modified on 5/9/2023 (WES). Modified text on 5/10/2023 (RLV).
May 5, 2023 Filing 39 Notice of Lodging Proposed Order // Stipulated Interim Order Authorizing Debtor's Use of Cash Collateral Through May 31, 2023 filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#9 Declaration, #10 Motion Regarding Chapter 11 First Day Motions).(RUDD, PHILIP)
May 5, 2023 Filing 38 Notice of Entry // Notice of Entry of Interim Order Granting Motion to Determine Adequate Assurance of Utilities and to Establish Procedures for the Resolution of Related Disputes filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#12 Motion Regarding Chapter 11 First Day Motions, #35 Order on Motion Rgarding Chapter 11 First Day Motions) Objections/Responses due by 5/23/2023,.(RUDD, PHILIP)
May 5, 2023 Filing 37 Notice of Entry // Notice of Entry of Interim Order Granting Motion for Order Authorizing Debtor to Pay Pre-Petition Wages and Opportunity to Object filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#11 Motion Regarding Chapter 11 First Day Motions, #36 Order on Motion Rgarding Chapter 11 First Day Motions) Objections/Responses due by 5/22/2023,.(RUDD, PHILIP)
May 5, 2023 Filing 36 Interim ORDER Granting Motion for Order Authorizing Debtor to Pay Pre-Petition Wages (Related Doc #11) signed on 5/5/2023 . (VXV)
May 5, 2023 Opinion or Order Filing 35 ORDER Granting Motion to Determine Adequate Assurance of Utilities and to Establish Procedures for the Resolution of Related Disputes(Related Doc #12) signed on 5/5/2023 . (VXV)
May 5, 2023 Filing 34 Certificate of Service filed by SIERRA M MINDER of SACKS TIERNEY on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (related document(s)#30 Chapter 11 Case Management Order) (MINDER, SIERRA)
May 4, 2023 Filing 32 Notice of Lodging Proposed Order // Interim Order Granting Motion for Order Authorizing Debtor to Pay Pre-Petition Wages filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#9 Declaration, #11 Motion Regarding Chapter 11 First Day Motions).(RUDD, PHILIP)
May 4, 2023 Filing 31 Notice of Lodging Proposed Order // Order Granting Motion to Determine Adequate Assurance of Utilities and to Establish Procedures for the Resolution of Related Disputes filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#12 Motion Regarding Chapter 11 First Day Motions).(RUDD, PHILIP)
May 3, 2023 Filing 47 Minutes of Hearing held on: 05/03/2023Subject: EXPEDITED HEARING RE: DEBTOR'S MOTION FOR ORDER AUTHORIZING DEBTOR'S USE OF CASH COLLATERAL AND EXPEDITED HEARING RE: DEBTOR'S MOTION FOR ORDER AUTHORIZING DEBTOR TO PAY PRE-PETITION WAGES AND EXPEDITED HEARING RE: DEBTOR'S MOTION TO DETERMINE ADEQUATE ASSURANCE OF UTILITIES AND TO ESTABLISH PROCEDURES FOR THE RESOLUTION OF RELATED DISPUTES (vCal Hearing ID (1594989)). Hearing set for 05/30/2023 at 09:30 AM by videoconference. (related documents #10, #11, #12)(RLV) Modified text on 5/9/2023 (RLV).
May 3, 2023 Filing 42 BNC Certificate of Notice (related document(s)#30 Chapter 11 Case Management Order) (Admin.)
May 3, 2023 Filing 30 Chapter 11 Case Management ORDER Setting Hearing signed on 5/3/2023. Status Hearing set for 5/30/2023 at 09:30 AM by videoconference. (RLV)
May 3, 2023 Filing 29 PDF with attached Audio File. Court Date & Time [ 05/03/2023 10:00 AM ]. File Size [ 7,672 KB ]. Run Time [ 00:16:22 ]. (vCal Hearing ID (1594989)).(SKG, ).
May 2, 2023 Filing 33 BNC Certificate of Notice - Notice of Meeting of Creditors (related document(s)#28 BNC Form Request--341 Notice--Chapter 11 Corp/Part) (Admin.)
May 2, 2023 Filing 28 Chapter 11 Corp/Part Notice of Meeting of Creditors. 341(a) meeting to be held on 5/30/2023 at 10:30 AM as a Telephonic Hearing (341) (VXV)
May 2, 2023 Filing 27 Master Mailing List filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (RUDD, PHILIP)
April 27, 2023 Opinion or Order Filing 25 ORDER Granting Pro Hac Vice Application (Related Doc #20) signed on 4/27/2023 . (VXV)
April 27, 2023 Opinion or Order Filing 24 ORDER Granting Pro Hac Vice Application (Related Doc #18) signed on 4/27/2023 . (VXV)
April 27, 2023 Opinion or Order Filing 23 ORDER Granting Application to Employ (Related Doc #3) signed on 4/27/2023 . (VXV)
April 27, 2023 Filing 22 Certificate of Service filed by WESLEY DENTON RAY of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (related document(s)#9 Declaration, #10 Motion Regarding Chapter 11 First Day Motions, #11 Motion Regarding Chapter 11 First Day Motions, #12 Motion Regarding Chapter 11 First Day Motions, #13 Motion to Accelerate/Expedite, #16 Order on Motion to Accelerate/Expedite) (RAY, WESLEY)
April 27, 2023 Filing 21 Notice of Lodging Proposed Order Granting Application for Admission Pro Hac Vice of Sara A. Johnston filed by TAMALYN E. LEWIS of ENGELMAN BERGER P.C. on behalf of Merchants Bank of Indiana (related document(s)#20 Pro Hac Vice Application).(LEWIS, TAMALYN)
April 27, 2023 Filing 20 Pro Hac Vice Application of Sara A. Johnston filed by TAMALYN E. LEWIS of ENGELMAN BERGER P.C. on behalf of Merchants Bank of Indiana. (LEWIS, TAMALYN)
April 27, 2023 Filing 19 Notice of Lodging Proposed Order Granting Application for Admission Pro Hac Vice of Martin B. Tucker filed by TAMALYN E. LEWIS of ENGELMAN BERGER P.C. on behalf of Merchants Bank of Indiana (related document(s)#18 Pro Hac Vice Application).(LEWIS, TAMALYN)
April 27, 2023 Filing 18 Pro Hac Vice Application of Martin B. Tucker filed by TAMALYN E. LEWIS of ENGELMAN BERGER P.C. on behalf of Merchants Bank of Indiana. (LEWIS, TAMALYN)
April 27, 2023 Filing 17 Notice of Appearance and Request for Notice filed by TAMALYN E. LEWIS of ENGELMAN BERGER P.C. on behalf of Merchants Bank of Indiana.(LEWIS, TAMALYN)
April 26, 2023 Filing 26 BNC Certificate of Notice (related document(s)#14 Deficiency Notice to Debtor (Missing Documents Form)) (Admin.)
April 26, 2023 Opinion or Order Filing 16 ORDER Setting Accelerated Hearing Regarding Certain "First Day" Motions (Related Doc #13) signed on 4/26/2023 Hearing on Emergency/Expedited Motion set for 5/3/2023 at 10:00 AM at Videoconference Hearing Objections/Responses due by 5/2/2023 by 12:00 pm (Arizona time), . (AVJ)
April 26, 2023 Filing 15 Notice of Lodging Proposed Order // Order Setting Accelerated Hearing Regarding Certain "First Day" Motions, as Follows: (A) Motion to Use Cash Collateral; (B) Motion to Pay Pre-Petition Wages; and (C) Motion Regarding Adequate Assurance to Utilities filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#10 Motion Regarding Chapter 11 First Day Motions, #11 Motion Regarding Chapter 11 First Day Motions, #12 Motion Regarding Chapter 11 First Day Motions, #13 Motion to Accelerate/Expedite).(RUDD, PHILIP)
April 26, 2023 Filing 14 Deficiency Notice to Debtor and Attorney for Debtor That All Required Documents Were Not Filed. (VXV)
April 26, 2023 Filing 13 Motion to Accelerate/Expedite // Motion to Set Accelerated Hearing Regarding Certain "First Day" Motions, as Follows: (A) Motion to Use Cash Collateral; (B) Motion to Pay Pre-Petition Wages; and (C) Motion Regarding Adequate Assurance to Utilities filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#1 Voluntary Petition (Chapter 11), #10 Motion Regarding Chapter 11 First Day Motions, #11 Motion Regarding Chapter 11 First Day Motions, #12 Motion Regarding Chapter 11 First Day Motions). (RUDD, PHILIP)
April 26, 2023 Filing 12 Motion Regarding Chapter 11 First Day Motions // Motion to Determine Adequate Assurance of Utilities and to Establish Procedures for the Resolution of Related Disputes filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (RUDD, PHILIP)
April 26, 2023 Filing 11 Motion Regarding Chapter 11 First Day Motions // Motion for Order Authorizing Debtor to Pay Pre-Petition Wages filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (RUDD, PHILIP)
April 26, 2023 Filing 10 Motion Regarding Chapter 11 First Day Motions // Motion for Order Authorizing Debtor's Use of Cash Collateral filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (RUDD, PHILIP)
April 26, 2023 Filing 9 Declaration // Declaration of David L. Craik in Support of First Day Motions filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (related document(s)#1 Voluntary Petition (Chapter 11), #3 Application to Employ, #4 Disclosure of Compensation by Attorney FRBP 2016, #5 Verified Statement of Professional FRBP 2014) (RUDD, PHILIP)
April 25, 2023 Filing 8 List of Twenty Largest Unsecured Creditors filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (RUDD, PHILIP)
April 25, 2023 Filing 7 Notice of Appearance & Request Notices filed by EDWARD K. BERNATAVICIUS of UNITED STATES TRUSTEE on behalf of U.S. TRUSTEE.(BERNATAVICIUS, EDWARD)
April 25, 2023 Filing 6 Notice of Lodging Proposed Order filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (related document(s)#3 Application to Employ).(RUDD, PHILIP)
April 25, 2023 Filing 5 Verified Statement of Professional FRBP 2014 /Declaration Pursuant to Rule 2014 by Proposed Attorneys for the Debtor filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (related document(s)#3 Application to Employ) (Attachments: #1 Exhibit A)(RUDD, PHILIP)
April 25, 2023 Filing 4 Disclosure of Compensation by Attorney FRBP 2016 /Declaration Pursuant to Rule 2016 by Proposed Attorneys for Debtor filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (related document(s)#3 Application to Employ) (RUDD, PHILIP)
April 25, 2023 Filing 3 Application to Employ Counsel for the Debtor filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP. (RUDD, PHILIP)
April 25, 2023 Filing 2 Meeting of Creditors scheduled for 5/30/2023 at 10:30 AM as a Telephonic Hearing (341). (RUDD, PHILIP)
April 25, 2023 Filing 1 Chapter 11 Voluntary Petition for Non-Individual, Schedules and Statements (except for those listed below). Failure to timely upload the list of creditors, may result in dismissal of the case without further notice. Electronic Filing Declaration due 05/16/2023, Master Mailing due 05/2/2023, Schedules A/B-J due 05/9/2023. Statement of Financial Affairs due 05/9/2023, filed by PHILIP R. RUDD of SACKS TIERNEY P.A. on behalf of AVENIR MEMORY CARE @ FAYETTEVILLE LP (RUDD, PHILIP)
April 25, 2023 Receipt of Voluntary Petition (Chapter 11)(# 2:23-bk-02640) [other,volp11] (1738.00) Filing Fee. Receipt number A35616249. Fee amount 1738.00. (U.S. Treasury)

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Debtor: AVENIR MEMORY CARE @ FAYETTEVILLE LP
Represented By: PHILIP R. RUDD
Represented By: SIERRA M MINDER
Represented By: WESLEY DENTON RAY
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Trustee: ZCHAPTER 11 FMC
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Us trustee: U.S. TRUSTEE
Represented By: EDWARD K. BERNATAVICIUS
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