SDPBC Acquisition LP
| SDPBC Acquisition LP |
| Jean Goddard |
| United States Trustee |
| 3:2023bk03065 |
| October 5, 2023 |
| U.S. Bankruptcy Court for the Southern District of California |
| Christopher B Latham |
| Other |
Docket Report
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This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 84 Tentative Ruling. Department 5: Hearing Date and Time: 12/04/2023 2:30 PM (related documents #69 Motion to Assume/Reject) (Rodriguez-Olivas, J.) |
| Filing 79 Chapter 11 Monthly Operating Report for the Month Ending: 10/31/2023 filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 78 Debtor's Application to Employ Higgs Fletcher & Mack LLP as Special Litigation Counsel filed by Kit J. Gardner on behalf of SDPBC Acquisition LP (Gardner, Kit) |
| Filing 83 BNC Court Certificate of Notice. (related documents #76 Order) Notice Date 11/23/2023. (Admin.) |
| Filing 82 BNC Court Certificate of Notice. (related documents #75 Order) Notice Date 11/23/2023. (Admin.) |
| Filing 77 Acknowledgment of Request for audio has been satisfied by ECRO. (related documents #61 Request for Transcript or Audio) (Williams, Michael) |
| Filing 76 Second Interim Order On Motion By Debtor For Entry of Order Authorizing Payment of Pre-Petition Amounts Due to Critical Vendors and Employees ; with BNC Service (related documents #23 Generic Motion) signed on 11/21/2023. HEARING Scheduled for 12/18/2023 at 11:00 AM at Courtroom 5, Room 318, Weinberger Courthouse. (Crosby, A) Modified on 11/21/2023 (Rodriguez-Olivas, J.). |
| Filing 75 Second Interim Order On Motion By SDPBC ACQUISITION For Entry of Order Authorizing Use of Cash Collateral ; with BNC Service (related documents #22 Motion for Use of Cash Collateral) signed on 11/21/2023. HEARING Scheduled for 12/18/2023 at 11:00 AM at Courtroom 5, Room 318, Weinberger Courthouse. (Crosby, A) Modified on 11/21/2023 (Rodriguez-Olivas, J.). |
| Filing 81 BNC Court Certificate of Notice. (related documents #74 Order) Notice Date 11/22/2023. (Admin.) |
| Filing 80 BNC Court Certificate of Notice. (related documents #73 Order) Notice Date 11/22/2023. (Admin.) |
Filing 74
Order On Motion for Entry of Order Authorizing Payment of Insider Compensation with BNC Service (related documents #24 Generic Motion) signed on 11/20/2023. (Slaughter, S.)
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| Filing 73 Second Interim Order On Motion By SDPBC ACQUISITION LP For Entry of Interim Order Authorizing Debtor to Maintain Existing Pre-Petiton Bank Account ; with BNC Service (related documents #21 Generic Motion) signed on 11/20/2023. HEARING Scheduled for 12/18/2023 at 11:00 AM at Courtroom 5, Room 318, Weinberger Courthouse. (Slaughter, S.) Modified on 11/21/2023 (Rodriguez-Olivas, J.). |
| Filing 71 Amendment to Schedule G - Executory Contracts & Unexpired Leases , to Schedule H - Co-Debtor , to Statement of Financial Affairs , & Proof of Service. filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 72 BNC Court Certificate of Notice. (related documents #68 Order re: Motion to Shorten Time) Notice Date 11/19/2023. (Admin.) |
| Filing 70 Notice of Hearing and Motion with Certificate of Service. Order Shortening Time has been entered, Opposition Due by: 11/28/2023, filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. HEARING Scheduled for 12/4/2023 at 02:30 PM at Courtroom 5, Room 318, Weinberger Courthouse. (related documents #69 Motion to Assume/Reject) (Gardner, Kit) |
| Filing 69 First Omnibus Motion to Reject Certain Executory Contracts and Unexpired Leases and Abandoning Certain Personal Property filed by Kit J. Gardner on behalf of SDPBC Acquisition LP (Gardner, Kit) |
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Filing 68
Order Regarding Shortening Time for Hearing on First Omnibus Motion by Debtor Rejecting Certain Executory Contracts and Unexpired Leases Etc. ; with Service by BNC (Related Doc #64) signed on 11/17/2023. HEARING Scheduled for 12/4/2023 at 02:30 PM at Courtroom 5, Room 318, Weinberger Courthouse . (Crosby, A)
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| Filing 66 Request for Notice filed by Michael D. Breslauer on behalf of Flagstar Bank (fka Signature Bank). (Breslauer, Michael) |
| Filing 65 Acknowledgment of Request for audio has been satisfied by ECRO. (related documents #61 Request for Transcript or Audio) (Moore, M.) |
| Filing 64 Motion to Shorten Time for Notice of Hearing on Debtor's First Omnibus Motion for: (1) Rejection of Certain Executory Contracts and Unexpired Leases and (2) Abandonment of Certain Property filed by Kit J. Gardner on behalf of SDPBC Acquisition LP (Gardner, Kit) |
| Filing 63 Amendment to Schedule A/B - Property, to Schedule H - Co-Debtor , to Statement of Financial Affairs , & Proof of Service. filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 67 BNC Court Certificate of Notice. (related documents #60 Order re: Application to Employ) Notice Date 11/16/2023. (Admin.) |
| Filing 61 Request for Audio only. Hearing Date: 11/13/2023, 1-Recording Audio Fee Amount $ 32.00 filed by Gerald P. Kennedy on behalf of KL&P International, Inc.. (Kennedy, Gerald) |
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Filing 60
Order Regarding Ex Parte Application for Order Authorizing Employment of Law Offices of Kit J. Gardner; with Service by BNC (Related Doc #50) signed on 11/14/2023. (Crosby, A)
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| Receipt of Request for Transcript or Audio(# 23-03065-CL11) [appeal,333ftr] ( 32.00) Filing Fee. Fee Amount 32.00 Receipt number A17878205 (re: Doc#61); (U.S. Treasury) |
| Filing 62 Minute Order. Termination of Hearing DATE: 11/13/2023. MATTER: 1) STATUS CONFERENCE ON CHAPTER 11 PETITION; 2) FIRST DAY EMERGENCY MOTION FOR ENTRY OF INTERIM ORDER AUTHORIZING USE OF CASH COLLATERAL FILED BY DEBTOR; 3) FIRST DAY EMERGENCY MOTION FOR ENTRY OF INTERIM ORDER AUTHORIZING PAYMENT OF PRE-PETITION AMOUNTS DUE TO CRITICAL VENDORS AND EMPLOYEES FILED BY DEBTOR; 4) FIRST DAY EMERGENCY MOTION FOR ENTRY OF INTERIM ORDER AUTHORIZING INSIDER COMPENSATION FILED BY DEBTOR; AND 5) FIRST DAY EMERGENCY MOTION FOR INTERIM ORDER AUTHORIZING DEBTOR TO MAINTAIN EXISTING PREPETITION BANK ACCOUNT FILED BY DEBTOR. DISPOSITION: See Attached PDF document for details. 1, 2, 3, and 5) HEARING Scheduled for 12/18/2023 at 11:00 AM at Courtroom 5, Room 318, Weinberger Courthouse (related documents #1 Chapter 11 Voluntary Petition) (Rodriguez-Olivas, J.). Related document(s) #21 "First Day" Emergency Motion for Interim Order Authorizing Debtor to Maintain Existing Pre-Petition Bank Account; Memorandum of Points and Authorities filed by Debtor SDPBC Acquisition LP, #22 "First Day" Emergency Motion for Use of Cash Collateral ; Memorandum of Points and Authorities; Declaration of Kit J. Gardner filed by Debtor SDPBC Acquisition LP, #23 "First Day" Emergency Motion for Order Authorizing Payment of Pre-Petition Amounts Owed to Critical Vendors and Employees; Memorandum of Points and Authorities filed by Debtor SDPBC Acquisition LP. Modified on 11/14/2023 (Rodriguez-Olivas, J.). |
| Filing 59 Debtor's Reply to Responses by U.S. Trustee and KL&P International, Inc. to Debtor's "First Day" Emergency Motions filed by Kit J. Gardner of Law Offices of Kit J. Gardner on behalf of SDPBC Acquisition LP. (Attachments: #1 Supplemental Declaration of Thomas Urbanski) (related documents #52 Response, #53 Opposition, #56 Opposition) (Gardner, Kit) |
| Filing 58 Notice of Continuance of Meeting of Creditors filed by Elvina Rofael on behalf of United States Trustee. 341(a) meeting to be held on 11/28/2023 at 11:00 AM To access telephonic 341 meeting, call 877-874-4964 and enter passcode 9790041# when prompted. (ust) (related documents #11 Notice of Chapter 11 Bankruptcy Case & Meeting of Creditors) (Rofael, Elvina) |
| Filing 57 Statement of Position: The U.S. Trustee has no objection to the application. filed by Elvina Rofael on behalf of United States Trustee. (related documents #50 Application to Employ) (Rofael, Elvina) |
| Filing 56 KL&P International, Inc.'s CORRECTED Opposition to "First Day" Emergency Motions for Order Authorizing Payment of (1) Use of Cash Collateral; (2) Pre-Petition Amounts Owed to Critical Vendors; and (3) Insider Compensation filed by Gerald P. Kennedy of Procopio, Cory, Hargreaves & Savitch on behalf of KL&P International, Inc.. (related documents #22 Motion for Use of Cash Collateral, #23 Generic Motion, #24 Generic Motion, #53 Opposition) (Kennedy, Gerald) |
| Filing 55 Debtor's Status Conference Report filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 54 Certificate of Service Dated 11/03/2023 filed by Elvina Rofael on behalf of United States Trustee. (related documents #52 Response) (Rofael, Elvina) |
| Filing 53 KL&P International, Inc.'s Opposition to "First Day" Emergency Motions for Order Authorizing Payment of (1) Use of Cash Collateral; (2) Pre-Petition Amounts Owed to Critical Vendors; and (3) Insider Compensation filed by Gerald P. Kennedy of Procopio, Cory, Hargreaves & Savitch on behalf of KL&P International, Inc.. (Attachments: #1 Declaration of Gerald P. Kennedy and Exhibits A-E) (related documents #22 Motion for Use of Cash Collateral, #23 Generic Motion, #24 Generic Motion) (Kennedy, Gerald) |
| Filing 52 Response The United States Trustee's Response and Reservation of Rights to Final Relief for Certain First Day Motions [ECF Nos. 21, 22, & 23] filed by Elvina Rofael of DOJ-Ust on behalf of United States Trustee. (Attachments: #1 Cha Declaration) (related documents #21 Generic Motion, #22 Motion for Use of Cash Collateral, #23 Generic Motion) (Rofael, Elvina) |
| Filing 51 Notice of Change of Address for Applied Products, Inc. filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 50 Application to Employ Law Offices of Kit J. Gardner as Debtor's Bankruptcy Counsel filed by Kit J. Gardner on behalf of SDPBC Acquisition LP (Gardner, Kit) |
| Filing 49 Proof of Service filed by Roger F. Friedman on behalf of Senior Paper Corporation. (related documents #48 Notice (miscellaneous)) (Friedman, Roger) |
| Filing 48 Notice of Demand for Reclamation, or, Alternatively, For Priority Claim or Lien filed by Roger F. Friedman on behalf of Senior Paper Corporation. (Friedman, Roger) |
| Filing 47 Notice to Filer of Errors and/or Deficiencies in Documents. (related documents #45 Notice (miscellaneous)) (Crosby, A) |
| Filing 46 Proof of Service filed by Roger F. Friedman on behalf of Senior Paper Corporation. (related documents #45 Notice (miscellaneous)) (Friedman, Roger) |
| Filing 45 Notice of Demand for Reclamation, or, Alternatively, For Priority Claim or Lien filed by Roger F. Friedman on behalf of Senior Paper Corporation. (Friedman, Roger) |
| Filing 44 Proof of Service filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (related documents #33 Order re: Motion, #34 Order re: Motion, #35 Order re: Motion, #36 Order re: Motion, #37 Order re: Motion for Use of Cash Collateral) (Gardner, Kit) |
| Filing 43 Request for Notice Oracle America, Inc., c/o Buchalter PC; 425 Market St., Suite 2900, San Francisco, CA 94105 filed by Shawn Christianson on behalf of Oracle America, Inc.. (Christianson, Shawn) |
| Filing 42 BNC Court Certificate of Notice. (related documents #37 Order re: Motion for Use of Cash Collateral) Notice Date 10/22/2023. (Admin.) |
| Filing 41 BNC Court Certificate of Notice. (related documents #36 Order re: Motion) Notice Date 10/22/2023. (Admin.) |
| Filing 40 BNC Court Certificate of Notice. (related documents #35 Order re: Motion) Notice Date 10/22/2023. (Admin.) |
| Filing 39 BNC Court Certificate of Notice. (related documents #34 Order re: Motion) Notice Date 10/22/2023. (Admin.) |
| Filing 38 BNC Court Certificate of Notice. (related documents #33 Order re: Motion) Notice Date 10/22/2023. (Admin.) |
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Filing 37
Order On Order On First Day Emergency Motion for SDPBC Acquisition LP Entry of Interim Order Authorizing Use of Cash Collateral HEARING Scheduled for 11/13/2023 at 02:00 PM at Courtroom 5, Room 318, Weinberger Courthouse; with BNC Service (Related Doc #22) signed on 10/20/2023. (Slaughter, S.) Modified on 10/30/2023 (Rodriguez-Olivas, J.).
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Filing 36
Order On First Day Emergency Motion for SDPBC Acquisition LP Entry of Order Rejecting Lease of Non-Residential Real Property Lease; with BNC Service (Related Doc #25) signed on 10/20/2023. (related documents #25 Generic Motion) (Slaughter, S.)
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Filing 35
Order On First Day Emergency Motion By SDPBC Acquisition For Entry of Interim Order Authorizing Insider Compensation HEARING Scheduled for 11/13/2023 at 02:00 PM at Courtroom 5, Room 318, Weinberger Courthouse with BNC Service (Related Doc #24) signed on 10/20/2023. (related documents #24 Generic Motion) (Slaughter, S.) Modified on 10/30/2023 (Rodriguez-Olivas, J.).
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Filing 34
Order On First Day Emergency Motion By Debtor For Entry of Interim Order Authorizing Payment of Pre-Petition Amounts Due to Critical Vendors and Employees HEARING Scheduled for 11/13/2023 at 02:00 PM at Courtroom 5, Room 318, Weinberger Courthouse with BNC Service (Related Doc #23) signed on 10/20/2023. (related documents #23 Generic Motion) (Slaughter, S.) Modified on 10/30/2023 (Rodriguez-Olivas, J.).
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Filing 33
Order on First Day" Emergency Motion for Interim Order Authorizing Debtor to Maintain Existing Pre-Petition Bank Account HEARING Scheduled for 11/13/2023 at 02:00 PM at Courtroom 5, Room 318, Weinberger Courthouse.; with BNC Service (Related Doc #21) signed on 10/20/2023. (related documents #21 Generic Motion) (Schmitt, T.) Modified on 10/30/2023 (Rodriguez-Olivas, J.).
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| Filing 32 Notice to Creditors of the Above-Named Debtor Added by Amendment or Balance of Schedules with Proof of Service filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (related documents #30 Balance of Schedules and/or Chapter 13 Plan) (Gardner, Kit) |
| Filing 31 Omnibus Objection United States Trustee's Omnibus Objection to Debtor's First Day Motions and Reservation of Rights filed by Elvina Rofael of DOJ-Ust on behalf of United States Trustee. (related documents #21 Generic Motion, #22 Motion for Use of Cash Collateral, #23 Generic Motion) (Rofael, Elvina) |
| Filing 30 Balance of Schedules: Schedules A/B - J , Statement of Financial Affairs, with Proof of Service. Fee Amount $ 32.00 filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (related documents #1 Chapter 11 Voluntary Petition) (Gardner, Kit) |
| Receipt of Balance of Schedules and/or Chapter 13 Plan(# 23-03065-CL11) [misc,1193] ( 32.00) Filing Fee. Fee Amount 32.00 Receipt number A17853029 (re: Doc#30); (U.S. Treasury) |
| Filing 29 Proof of Service filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (related documents #21 Generic Motion, #22 Motion for Use of Cash Collateral, #23 Generic Motion, #24 Generic Motion, #25 Generic Motion, #26 Declaration) (Gardner, Kit) |
| Filing 28 Declaration of Nola Holdings LLC filed by Kit J. Gardner of Law Offices of Kit J. Gardner on behalf of SDPBC Acquisition LP. (related documents #22 Motion for Use of Cash Collateral, #23 Generic Motion) (Gardner, Kit) |
| Filing 27 Declaration of 1498502 Alberta Ltd. filed by Kit J. Gardner of Law Offices of Kit J. Gardner on behalf of SDPBC Acquisition LP. (related documents #22 Motion for Use of Cash Collateral, #23 Generic Motion) (Gardner, Kit) |
| Filing 26 Declaration of Thomas Urbanski in Support of Debtor's First Day Motions filed by Kit J. Gardner of Law Offices of Kit J. Gardner on behalf of SDPBC Acquisition LP. (related documents #21 Generic Motion, #22 Motion for Use of Cash Collateral, #23 Generic Motion, #24 Generic Motion, #25 Generic Motion) (Gardner, Kit) |
| Filing 25 "First Day" Emergency Motion for Entry of Order Rejecting Lease of Non-Residential Real Property; Memorandum of Points and Authorities filed by Kit J. Gardner on behalf of SDPBC Acquisition LP (Gardner, Kit) |
| Filing 24 "First Day" Emergency Motion for Interim Order Authorizing Insider Compensation; Memorandum of Points and Authorities filed by Kit J. Gardner on behalf of SDPBC Acquisition LP (Gardner, Kit) |
| Filing 23 "First Day" Emergency Motion for Order Authorizing Payment of Pre-Petition Amounts Owed to Critical Vendors and Employees; Memorandum of Points and Authorities filed by Kit J. Gardner on behalf of SDPBC Acquisition LP (Gardner, Kit) |
| Filing 22 "First Day" Emergency Motion for Use of Cash Collateral ; Memorandum of Points and Authorities; Declaration of Kit J. Gardner filed by Kit J. Gardner on behalf of SDPBC Acquisition LP (Gardner, Kit) |
| Filing 21 "First Day" Emergency Motion for Interim Order Authorizing Debtor to Maintain Existing Pre-Petition Bank Account; Memorandum of Points and Authorities filed by Kit J. Gardner on behalf of SDPBC Acquisition LP (Gardner, Kit) |
| Filing 20 Notice to Creditors of the Above-Named Debtor Added by Amendment or Balance of Schedules with Proof of Service filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 19 Amendment , & Proof of Service. Amendment to the Mailing Matrix filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 18 BNC Court Certificate of Notice. (related documents #16 Notice of Status Conference on Chapter 11 Petition) Notice Date 10/15/2023. (Admin.) |
| Filing 16 Notice of Status Conference on Chapter 11 Petition HEARING Scheduled for 11/13/2023 at 02:00 PM at Courtroom 5, Room 318, Weinberger Courthouse. (related documents #1 Chapter 11 Voluntary Petition) (Rodriguez-Olivas, J.) |
| Filing 17 BNC Court Certificate of Notice. (related documents #14 Status Conference(hrg)(Order)) Notice Date 10/14/2023. (Admin.) |
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Filing 14
Order re: Status Conference on Chapter 11 Petition; with BNC Service HEARING Scheduled for 11/13/2023 at 02:00 PM at Courtroom 5, Room 318, Weinberger Courthouse . (related documents #1 Chapter 11 Voluntary Petition) signed on 10/12/2023. (Crosby, A)
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| Filing 15 BNC Court Certificate of Notice. (related documents #10 Appointment of Trustee by the United States Trustee) Notice Date 10/12/2023. (Admin.) |
| Filing 13 BNC Court Certificate of Notice re Bankruptcy Case and Meeting of Creditors. (related documents #11 Notice of Chapter 11 Bankruptcy Case & Meeting of Creditors) Notice Date 10/08/2023. (Admin.) |
| Filing 12 BNC Court Certificate of Notice re Notice of Incomplete Schedules Due (related documents #1 Chapter 11 Voluntary Petition) Notice Date 10/08/2023. (Admin.) |
| Filing 11 Notice of Chapter 11 Bankruptcy Case, and Meeting of Creditors, Jean Goddard, Subchapter V Trustee Meeting of Creditors Located at 880 Front St., Edward J. Schwartz Bldg, 1st Fl, Room 1234 (B), San Diego, CA 92101, 341(a) meeting to be held on 11/7/2023 at 11:00 AM To access telephonic 341 meeting, call 877-874-4964 and enter passcode 9790041# when prompted. (ust) Deadline for filing a complaint objecting to discharge or challenge certain debts are dischargeable due by 1/8/2024. Proof of Claims due by 12/14/2023, Governmental Proof of Claims due by 4/2/2024, (Li, J.) |
| Filing 10 Appointment of Trustee Jean Goddard added to the case. by the United States Trustee filed by Elvina Rofael on behalf of United States Trustee. (Attachments: #1 Subchapter V Trustee's Verified Statement and Acceptance of Appointment) (Rofael, Elvina) |
| Filing 9 Request for Notice filed by Gerald P. Kennedy on behalf of KL&P International, Inc.. (Kennedy, Gerald) |
| Filing 8 Notice of Appearance and Request for Special Notice. United States Trustees Office, 880 Front Street, Third Floor, Suite 3230, San Diego, CA 92101 filed by Elvina Rofael on behalf of United States Trustee. (Rofael, Elvina) |
| Filing 7 Corporate Ownership Statement as Corporate Debtor. filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (related documents #1 Chapter 11 Voluntary Petition) (Gardner, Kit) |
| Filing 6 Tax Documents for the Year for 2022 COURT NOTE: The PDF document is a secured image. filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 5 Statement of Operations for Small Business filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 4 Cash Flow Statement for Small Business filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 3 Balance Sheet filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Filing 2 Declaration Re: Electronic Filing filed by Kit J. Gardner on behalf of SDPBC Acquisition LP. (related documents #1 Chapter 11 Voluntary Petition) (Gardner, Kit) |
| Filing 1 Chapter 11 Voluntary Petition for Non-Individual, SubChapter V Fee Amount $ 1738.00. State. of Fin. Affairs due 10/19/2023. Summary of Assets and Liabilities and Statistical Info. due 10/19/2023. Schedule A/B Property due 10/19/2023. Schedule D Claims Secured by Property due 10/19/2023. Schedule E/F Unsecured Claims due 10/19/2023. Schedule G Executory Contracts & Unexpired Leases due 10/19/2023. Schedule H Co-Debtors due 10/19/2023. Incomplete Filings due by 10/19/2023, Declaration re: Electronic Filing due by 10/19/2023, Chapter 11 Sm Business Subchapter V Plan Due by 01/3/2024, Filed by Kit J. Gardner of Law Offices of Kit J. Gardner on behalf of SDPBC Acquisition LP. (Gardner, Kit) |
| Receipt of Chapter 11 Voluntary Petition(# 23-03065-11) [misc,1031] (1738.00) Filing Fee. Fee Amount 1738.00 Receipt number A17839125 (re: Doc#1); (U.S. Treasury) |
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