Rutherford Enterprises 1, LLC
Debtor: Rutherford Enterprises 1, LLC
Us Trustee: United States Trustee
Trustee: Jodi D. Dubose
Case Number: 4:2023bk40217
Filed: June 16, 2023
Court: U.S. Bankruptcy Court for the Northern District of Florida
Presiding Judge: Karen K Specie
Nature of Suit: Other
Docket Report

This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2023 Filing 41 Certificate of Service/Mailing Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC [Re: #39 Motion to Use Cash Collateral, #40 Notice of Hearing]. (Wright, Byron)
August 10, 2023 Service to All Parties Completed by CM/ECF Notice of Electronic Filing Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC [Re: #38 Order on Application to Employ]. (Wright, Byron)
August 8, 2023 Filing 40 Notice of Preliminary Hearing. Hearing scheduled on 8/24/2023 at 10:30 AM (Eastern Time) at/via ZOOM. Parties may appear at the following alternate location: Tallahassee - U.S. Bankruptcy Courthouse, 110 E. Park Ave., Tallahassee, FL.. (Re: #39 Motion to Use Cash Collateral.) SERVICE: Byron Wright shall serve this document pursuant to the applicable Rules and file a certificate of service within three (3) days. (Weems-Cainion, Janet) See FLNB Zoom Video and Telephone instructions at http://www.flnb.uscourts.gov/zoom.
August 4, 2023 Filing 39 Agreed Motion to Use Cash Collateral Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC (Wright, Byron)
August 4, 2023 Opinion or Order Filing 38 Order Approving Debtor's Application to Employ Mark Ryan as Accountant (Re: #27) signed on 8/4/2023 . SERVICE: Attorney Samantha A. Kelley shall serve this document pursuant to the applicable Rules and file a certificate of service within three (3) days. (Thurman, Audrey)
August 4, 2023 Service to All Parties Completed by CM/ECF Notice of Electronic Filing Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC [Re: #37 Order re Amended Motion]. (Wright, Byron)
August 3, 2023 Filing 37 Interim Order Granting Debtor's Amended Motion for Authority to Pay Affiliate Officer Salary of Charles and Krystal Rutherford Effective as of the Petition Date (Re: #29 Amended Motion) signed on 8/3/2023 . SERVICE: Attorney Byron Wright III shall serve this document pursuant to the applicable Rules and file a certificate of service within three (3) days. (Thurman, Audrey)
August 2, 2023 Service to All Parties Completed by CM/ECF Notice of Electronic Filing Filed by Robert C. Bruner on behalf of Rutherford Enterprises 1, LLC [Re: #36 Proceeding Memo - Hearing Continued]. (Bruner, Robert)
August 1, 2023 Filing 36 Hearing is Continued: Final Evidentiary Hearing scheduled on 8/24/2023 at 10:30 AM (Eastern Time) at/via ZOOM. Parties may appear at the following alternate location: Tallahassee - U.S. Bankruptcy Courthouse, 110 E. Park Ave., Tallahassee, FL.. (Re: #23 Motion for Authority to Pay Affiliate Officer Salaries.); Appear.: Egan (UST), Dubose (SubV Tee), Wright w/Mr. Rutherford (D), Toland (Cred). SERVICE: Byron Wright shall serve this document pursuant to the applicable Rules and file a certificate of service within three (3) days. (Weems-Cainion, Janet) Time allotted for hearing: 30 minutes See FLNB Zoom Video and Telephone instructions at http://www.flnb.uscourts.gov/zoom. Court Reporter: DCR/ECRO (digital court recording). Modified on 8/1/2023 To complete court notes. (Weems-Cainion, Janet).
August 1, 2023 Filing 35 Hearing Held (Re: #9 Chapter 11 Subchapter V Duties of the Debtor Order, Notice of Status Conference, & Deadline to File Plan.) - Status CONCLUDED; Appear.: Egan (UST), Dubose (SubV Tee), Wright w/Mr. Rutherford (D), Toland (Cred). (Weems-Cainion, Janet) Court Reporter: DCR/ECRO (digital court recording).
July 31, 2023 Clerk's Notice to Submit Proposed Order: In accordance with the N.D. Fla. LBRs, Samantha A. Kelley is reminded of the requirements regarding timely submission of proposed orders. Proposed orders are to be submitted electronically through the #Submit Proposed Orders link in CM/ECF. Do not upload/file the proposed order on the docket. Please see the #FLNB Style Guide for style guidance. (Re: #27 Application to Employ.) (Thurman, Audrey)
July 26, 2023 Filing 34 CORRECTIVE ENTRY BY CASE ADMINISTRATOR - The entry referenced hereto has been modified by the court for accuracy: PDF reattached with correct orientation (e.g., landscape to portrait, upside down to right-side up). (Re: #33 Statement of Compliance with Sect. 1116(1).) (Thurman, Audrey)
July 25, 2023 Filing 33 Statement of Compliance re: Sect. 1116(1) Filed by Samantha A. Kelley on behalf of Rutherford Enterprises 1, LLC (Attachments: #1 Profit and Loss #2 Tax Return). (Kelley, Samantha) Additional attachment(s) added on 7/26/2023 (Thurman, Audrey).
July 24, 2023 Filing 32 Pre-Status Conference Report Filed by Samantha A. Kelley on behalf of Rutherford Enterprises 1, LLC [Re: #7 Chapter 11 Subchapter V Duties of the Debtor Order, Notice of Status Conference, & Deadline to File Plan, #9 Chapter 11 Subchapter V Duties of the Debtor Order, Notice of Status Conference, & Deadline to File Plan] (Attachments: #1 Creditor Matrix). (Kelley, Samantha)
July 21, 2023 Filing 31 Small Business Monthly Operating Report for Filing Period June 16, 2023 through June 30, 2023 Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC (Attachments: #1 Bank Statements #2 Supporting Documents). (Wright, Byron)
July 21, 2023 Filing 30 CORRECTIVE ENTRY BY CASE ADMINISTRATOR - The entry referenced hereto has been modified by the court for accuracy: BAPCPA statistical mapping added to pleading filed using generic event. (Re: #29 Amended Motion.) (Thurman, Audrey)
July 21, 2023 Service to All Parties Completed by CM/ECF Notice of Electronic Filing Filed by Robert C. Bruner on behalf of Rutherford Enterprises 1, LLC [Re: #26 Order on Application to Employ]. (Bruner, Robert)
July 20, 2023 Filing 29 Amended Motion (Re: #23 Motion for Authority to Pay Affiliate Officer Salaries) Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC (Re: #23 Motion for Authority to Pay Affiliate Officer Salaries) (Wright, Byron) Modified on 7/21/2023 Added SD Code (Thurman, Audrey).
July 19, 2023 Filing 28 The United States Trustee hereby gives notice that the Section 341(a) Meeting of Creditors was held and concluded Filed by United States Trustee (Re: #6 Notice of 341 Meeting of Creditors - Chapter 11). (Egan, Jason)
July 19, 2023 Filing 27 Application to Employ Mark Ryan (2878 Mahan Dr., Tallahassee, FL 32308) as CPA Filed by Samantha A. Kelley on behalf of Rutherford Enterprises 1, LLC (Attachments: #1 Declaration) (Kelley, Samantha)
July 17, 2023 Opinion or Order Filing 26 Order Approving Debtor's Application to Employ Bruner Wright, P.A. as Counsel for the Debtor-In-Possession (Re: #12) signed on 7/17/2023 . SERVICE: Attorney Byron Wright III shall serve this document pursuant to the applicable Rules and file a certificate of service within three (3) days. (Thurman, Audrey)
July 12, 2023 Filing 25 Certificate of Service/Mailing Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC [Re: #23 Motion for Authority to Pay Affiliate Officer Salaries, #24 Notice of Hearing]. (Wright, Byron)
July 10, 2023 Filing 24 Notice of Preliminary Hearing. Hearing scheduled on 8/1/2023 at 10:30 AM (Eastern Time) at/via ZOOM. Parties may appear at the following alternate location: Tallahassee - U.S. Bankruptcy Courthouse, 110 E. Park Ave., Tallahassee, FL.. (Re: #23 Motion for Authority to Pay Affiliate Officer Salaries.) SERVICE: Byron Wright shall serve this document pursuant to the applicable Rules and file a certificate of service within three (3) days. (Weems-Cainion, Janet) See FLNB Zoom Video and Telephone instructions at http://www.flnb.uscourts.gov/zoom.
July 10, 2023 Filing 23 Motion for Authority to Pay Affiliate Officer Salaries of Charles and Krystal Rutherford Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC (Wright, Byron)
July 6, 2023 Filing 22 Notice of Appearance and Request for Notice revised to include certificate of service Filed by Howard S. Toland on behalf of CUSTOMERS BANK. Notice is being served to an address not listed on the mailing matrix. Additional Recipients not listed on matrix: charles rutherford senior 7870 Jared Way Tallahassee, FL 32309 (Toland, Howard)
July 6, 2023 Clerk's Notice to Submit Proposed Order: In accordance with the N.D. Fla. LBRs, Byron Wright III is reminded of the requirements regarding timely submission of proposed orders. Proposed orders are to be submitted electronically through the #Submit Proposed Orders link in CM/ECF. Do not upload/file the proposed order on the docket. Please see the #FLNB Style Guide for style guidance. (Re: #12 Application to Employ.) (Thurman, Audrey)
July 5, 2023 Filing 21 Case Management Summary Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC. (Wright, Byron)
July 5, 2023 Filing 20 All remaining schedules and statements (no change to matrix) Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC [Re: #1 Voluntary Petition (Chapter 11), #5 Notice of Deadline to Cure Deficiencies]. (Wright, Byron)
June 30, 2023 Filing 19 SUBMISSION ERROR NOTIFICATION: No Certificate of Service - Document does not include a Certificate of Service as required by Section III. B. of the Administrative Procedures and N.D. Fla. Loc. R. 5.1(F). For more information, see #Administrative Procedures and #Administrative Order 22-001 Adopting Local Rule 1009-1, effective 2/7/22, for service requirements of amended schedules and Social Security or Taxpayer Identification Numbers, if applicable. Local Form 4 (LF-4), Certificate of Service, and instructions for completing a Certificate of Service (5-Inst), are available on our website at http://www.flnb.uscourts.gov/forms. You must file a proper certificate of service as soon as possible. (Re: #18 Notice of Appearance of Attorney.) (Thurman, Audrey)
June 29, 2023 Filing 18 Notice of Appearance and Request for Notice Filed by Howard S. Toland on behalf of CUSTOMERS BANK. (Toland, Howard) Modified on 6/30/2023 SUBMISSION ERROR See Docket #19 - No Certificate of Service (Thurman, Audrey).
June 22, 2023 Filing 17 BNC Certificate of Mailing. (Re: #11 Order to File Federal and State Employment Tax Returns and to Deposit State and Federal Taxes.) Notice Date 06/22/2023. (Admin.)
June 22, 2023 Filing 16 BNC Certificate of Mailing. (Re: #10 Order Continuing Debtor-in-Possession.) Notice Date 06/22/2023. (Admin.)
June 22, 2023 Filing 15 BNC Certificate of Mailing. (Re: #9 Chapter 11 Subchapter V Duties of the Debtor Order, Notice of Status Conference, & Deadline to File Plan.) Notice Date 06/22/2023. (Admin.)
June 22, 2023 Filing 14 BNC Certificate of Mailing. (Re: #5 Notice of Deadline to Cure Deficiencies.) Notice Date 06/22/2023. (Admin.)
June 22, 2023 Filing 13 BNC Certificate of Mailing - Meeting of Creditors. (Re: #6 Notice of 341 Meeting of Creditors - Chapter 11.) Notice Date 06/22/2023. (Admin.)
June 21, 2023 Filing 12 Application to Employ Bruner Wright, P.A. (2810 Remington Green Circle, Tallahassee, FL 32308) as Counsel for the Debtor-In-Possession Filed by Byron Wright III on behalf of Rutherford Enterprises 1, LLC (Wright, Byron)
June 20, 2023 Opinion or Order Filing 11 Order to File Federal and State Employment Tax Returns and to Deposit State and Federal Taxes signed on 06/20/2023. (ADIapps)Service by the Court pursuant to applicable Rules.
June 20, 2023 Opinion or Order Filing 10 Order Continuing Debtor-in-Possession, Authorizing Continuation of Activities Combined with Automatic Stay and Specific Injunction and on Other Related Matters signed on 06/20/2023. (ADIapps)Service by the Court pursuant to applicable Rules.
June 20, 2023 Filing 9 Amended Order Prescribing Subchapter V Operating Procedures, Scheduling Status Conference, and Setting Deadline for Filing Plan Status hearing to be held on 8/1/2023 at 10:30 AM* (Eastern Time) at/via ZOOM. Parties may appear at the following alternate location: Tallahassee - U.S. Bankruptcy Courthouse, 110 E. Park Ave., Tallahassee, FL. Subchapter V Pre-Status Conference Report due: 7/18/2023. *TIME OF HEARING AMENDED. Service by the Court pursuant to applicable Rules. (Weems-Cainion, Janet) See FLNB Zoom Video and Telephone instructions at http://www.flnb.uscourts.gov/zoom.
June 20, 2023 Filing 8 Notice of Appointment of Jodi D. Dubose as Chapter 11 Subchapter V Trustee Filed by United States Trustee. (Attachments: #1 Verified Statement of Subchapter V Trustee) (Cortez-Rodriguez, Adisley)
June 20, 2023 Filing 7 PLEASE DISREGARD; FORM ERROR AMENDED AT doc. #9 . Order Prescribing Subchapter V Operating Procedures, Scheduling Status Conference, and Setting Deadline for Filing Plan Status hearing to be held on 8/1/2023 at 10:00 AM (Eastern Time) at/via ZOOM. Parties may appear at the following alternate location: Tallahassee - U.S. Bankruptcy Courthouse, 110 E. Park Ave., Tallahassee, FL. Subchapter V Pre-Status Conference Report due: 7/18/2023. Service by the Court pursuant to applicable Rules. (Weems-Cainion, Janet) See FLNB Zoom Video and Telephone instructions at http://www.flnb.uscourts.gov/zoom. Modified on 6/20/2023 (Weems-Cainion, Janet).
June 20, 2023 Filing 6 Notice of 341(a) Meeting of Creditors 341(a) meeting to be held on 7/19/2023 at 09:00 AM, Eastern Time, at with the U.S. Trustee by telephone at (877) 835-0364, Access Code 4662459. Proofs of Claims due by 8/25/2023. Government Proof of Claim due by 12/13/2023. Chapter 11 Plan (Subchapter V) due: 9/14/2023. Last day to oppose discharge or dischargeability is 9/18/2023. Service by the Court pursuant to applicable Rules. (Hawkins, J.)
June 20, 2023 Filing 5 Notice of Deadline to Cure Deficiencies. A complete list of deficient items due from Debtors attached. Schedule A/B due 6/30/2023. Service by the Court pursuant to applicable Rules. (Hawkins, J.)
June 19, 2023 Trustee's Memo re 341 Meeting: Please schedule Meeting of Creditors to be held at 9:00 a.m. EST on July 19, 2023 in By Telephone Filed by United States Trustee. (Egan, Jason)
June 18, 2023 Filing 4 Notice of Appearance and Request for Notice Filed by Jason H. Egan on behalf of United States Trustee. (Egan, Jason)
June 17, 2023 Case assigned to Audrey Thurman (admin)
June 16, 2023 Filing 3 Notice of Appearance and Request for Notice Filed by Samantha A. Kelley on behalf of Rutherford Enterprises 1, LLC. (Kelley, Samantha)
June 16, 2023 Filing 2 Notice of Appearance and Request for Notice Filed by Robert C. Bruner on behalf of Rutherford Enterprises 1, LLC. (Bruner, Robert)
June 16, 2023 Filing 1 Chapter 11 Subchapter V Voluntary Petition (Non-Individual) (Filing Fee: $1738.00) filed by Rutherford Enterprises 1, LLC. Attorney Disclosure Statement due 06/30/2023. Schedule D due 06/30/2023. Schedule E/F due 06/30/2023. Schedule G due 06/30/2023. Schedule H due 06/30/2023. Summary of Assets and Liabilities due 06/30/2023. Statement of Financial Affairs due 06/30/2023. Deadline to Cure Deficiency(ies): 06/30/2023. (Wright, Byron)
June 16, 2023 Receipt of Voluntary Petition (Chapter 11)(# 23-40217) [misc,volp11] (1738.00) filing fee. Receipt number A5155211, amount $1738.00 (re: #1) (U.S. Treasury)

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Debtor: Rutherford Enterprises 1, LLC
Represented By: Robert C. Bruner
Represented By: Samantha A. Kelley
Represented By: Byron Wright, III
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Us trustee: United States Trustee
Represented By: Adisley Cortez-Rodriguez
Represented By: Jason H. Egan
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Trustee: Jodi D. Dubose
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