Boteilho Hawaii Enterprises, Inc.
| Boteilho Hawaii Enterprises, Inc. |
| Kevin T Lam |
| Office of the U.S. Trustee. |
| 1:2022bk00827 |
| November 21, 2022 |
| U.S. Bankruptcy Court for the District of Hawaii |
| Robert J Faris |
| Other |
Docket Report
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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 72 BNC Certificate of Service - Notice of Entry of Order or Judgment (related document(s):#70) Notice Date 01/19/2023. (Admin.) |
| Filing 71 Notice of Change of Address for Edward Boteilho, Jr., Sunshine True Value Hardware, Myra A. Boteilho . Filed by Allison A. Ito on behalf of BOTEILHO HAWAII ENTERPRISES, INC. (Ito, Allison) |
Filing 70
Order Granting Motion to Approve Order Authorizing Debtor to Obtain Postpetition Secured Indebtedness; Exhibit "A". (Related Doc #33) Date of Entry: 1/17/2023. (BA)
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| Filing 69 CREDITOR DUTCH-HAWAIIAN DAIRY FARMS, LLCS OBJECTIONS AND INCORPORATED MEMORANDUM IN OPPOSITION TO DEBTORS MOTION FOR ORDER AUTHORIZING THE ASSUMPTION OF NONRESIDENTIAL REAL PROPERTY LEASES [STATE OF HAWAII] . Filed by Creditor Dutch-Hawaiian Dairy Farms, LLC. (Related document(s):#56 Motion to Assume Lease or Executory Contract). (Attachments: #1 Declaration of Kees Kea #2 Exhibit(s) A #3 Exhibit(s) B #4 Exhibit(s) C #5 Exhibit(s) D #6 Exhibit(s) E #7 Exhibit(s) F #8 Exhibit(s) G #9 Exhibit(s) H #10 Exhibit(s) I #11 Exhibit(s) J #12 Exhibit(s) K #13 Exhibit(s) L #14 Exhibit(s) M) (Arensmeyer, Frederick) |
| Filing 68 Certificate of Service . Filed by Cynthia M. Johiro. (Related document(s): #67). (Johiro, Cynthia) Modified on 1/13/2023 [Clerk's Note: See document no. #67 for statement ](LL). |
| Filing 67 Departments of Agriculture and Land and Natural Resources, State of Hawaiis Statement of Position Re: Debtors Motion for Order Authorizing the Assumption of Nonresidential Real Property Leases [State of Hawaii] . Filed by Creditor Department of Taxation. (Related document(s):#56 Motion to Assume Lease or Executory Contract). (Johiro, Cynthia) |
| Filing 66 PDF with attached Audio File. Court Date & Time [ 1/9/2023 2:03:43 PM ]. File Size [ 8984 KB ]. Run Time [ 00:18:43 ]. (admin). |
| Filing 65 Minutes for hearing held 1/9/2023 on #13 Subchapter V Status Conference, #6 Application to Employ General Counsel, #7 Application to Employ Special Counsel, #8 Motion to Approve Use of Cash Collateral #10 Motion Prohibiting Utilities, #33 Motion to Approve DIP Financing. Disposition: Status conference held. Motions granted on a final basis: 1) Application to Employ General Counsel, 2) Application to Employ Special Counsel, 3) Use of Cash Collateral, 4) Utilities Motion. Motion to Obtain DIP Financing: Granted with terms proposed by the UST - Mr. Choi to prepare the order with approval by Mr. Verbrugge. Telephonic appearance(s): Chuck C. Choi and Allison Ito (Debtor) (Edward Boteilho, Jr. and Bahman Sadeghi also present on the call); Paul Alston (Debtor's special counsel); Kevin T. Lam, Subchapter V Trustee; Neil Verbrugge (UST); Cynthia M. Johiro (Dep't of Taxation). (mbd) |
| Filing 64 Amended Pre-Status Conference Report . Filed by Kevin T Lam on behalf of Kevin T Lam. (Lam, Kevin). Modified on 1/9/2023 [Clerks Note: Added relation to #13.] (BA). |
| Filing 63 Pre-Status Conference Report . Filed by Kevin T Lam on behalf of Kevin T Lam. (Lam, Kevin) |
| Filing 62 Reply To United States Trustee Statement Regarding Motion For Order Authorizing Debtor To Obtain Postpetition Secured Indebtedness . Filed by Debtor BOTEILHO HAWAII ENTERPRISES, INC.. (Related document(s):#33 Motion to Approve, #54 Response). (Ito, Allison) |
| Filing 61 Certificate of Service ; Declaration of Mailing. Filed by Allison A. Ito. (Related document(s): #56, #57, #58). (Ito, Allison) |
| Filing 60 Certificate of Service . Filed by Allison A. Ito. (Related document(s): #57). (Ito, Allison) |
| Filing 59 Certificate of Service ; and Exhibits A and B. Filed by Allison A. Ito. (Related document(s): #53). (Ito, Allison) |
| Filing 58 Errata To Include Exhibit B to Motion for Order Authorizing the Assumption of Nonresidential Real Property Leases [State of Hawaii]. Filed by Allison A. Ito. (Related document(s): #56). (Ito, Allison) |
| Filing 57 Notice of Hearing . Filed by Allison A. Ito. Hearing for: #56 Motion to Assume Lease or Executory Contract. Hearing scheduled for 1/30/2023 at 02:00 PM by Zoom. Go to zoomgov.com or call (833) 568-8864. Enter Meeting ID 161 789 3766; Passcode 1132. (Ito, Allison) |
| Filing 56 Motion to Assume Lease or Executory Contract (Unrecorded General Lease No. S-6024 and Unrecorded General Lease No. S-4478) [Motion for Order Authorizing the Assumption of Nonresidential Real Property Leases (State of Hawaii)]. Filed by Allison A. Ito on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Attachments: #1 Exhibit(s) A #2 Exhibit(s) B #3 Declaration of Edward Boteilho Jr.) (Ito, Allison) |
| Filing 55 Declaration re: Electronic Filing of Schedules A/B,D-H; Summary of Assets and Liabilities and Certain Statistical Information; Statement of Financial Affairs; Amended List of Creditors; Amended List of Creditors Holding 20 Largest Unsecured Claims; Declaration Under Penalty of Perjury . Filed by Allison A. Ito. (Related document(s): #37). (Ito, Allison) |
| Filing 54 United States Trustee's Statement Regarding Debtor's Motion for Order Authorizing Debtor to Obtain Post-Petition Secured Indebtedness . Filed by U.S. Trustee Office of the U.S. Trustee.. (Related document(s):#33 Motion to Approve). (Verbrugge, Neil) |
| Filing 53 Pre-Status Conference Report [Status Conference Report]. Filed by Chuck C. Choi on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Choi, Chuck) |
| Filing 52 BNC Certificate of Service - Notice of Entry of Order or Judgment (related document(s):#47) Notice Date 12/24/2022. (Admin.) |
| Filing 51 BNC Certificate of Service - Notice of Entry of Order or Judgment (related document(s):#46) Notice Date 12/24/2022. (Admin.) |
| Filing 50 BNC Certificate of Service - Notice of Entry of Order or Judgment (related document(s):#45) Notice Date 12/24/2022. (Admin.) |
| Filing 49 BNC Certificate of Service - Notice of Entry of Order or Judgment (related document(s):#43) Notice Date 12/23/2022. (Admin.) |
| Filing 48 Amended Notice of Hearing . Filed by Allison A. Ito. Hearing for: #33 Motion to Approve. Hearing scheduled for 1/9/2023 at 02:00 PM by Zoom. Go to zoomgov.com or call (833) 568-8864. Enter Meeting ID 161 789 3766; Passcode 1132. (Ito, Allison) |
| Filing 47 Interim Order Authorizing Debtor to Employ Choi & Ito as Bankruptcy Counsel (Final Hearing on January 9, 2023 at 2:00pm) (related document(s)#6 Application to Employ). Date of Entry: 12/22/2022. (BA) |
| Filing 46 Interim Order Granting Debtor's Motion for Order Under U.S.C section 105(a) and 366(c): (I) Prohibiting Utilities from Altering or Discontinuing Services on Account of Pre-Petition Invoices and (II) Establishing Procedures to Determine Requests for Additional Assurance of Payment has been Provided to Utilities; Exhibit A. (Final Hearing on January 9, 2023 at 2:00pm) (related document(s)#10 First Day Motion). Date of Entry: 12/22/2022. (BA) |
| Filing 45 Interim Order Authorizing Debtor to Employ Dentons as Special Litigation Counsel (Final Hearing on January 9, 2023 at 2:00pm) (related document(s)#7 Application to Employ). Date of Entry: 12/22/2022. (BA) |
| Filing 44 Minutes of Meeting of Creditors. The United States Trustee reports that the meeting of creditors pursuant to Section 341(a) of the Bankruptcy Code convened on December 21, 2022. The United States Trustee reports that the meeting of creditors has concluded. (Verbrugge, Neil) |
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Filing 43
Order Authorizing Motion For Order Authorizing Debtor To Pay Pre-Petition Wages And Other Employment-Related Costs And Expenses And To Honor Pre-Petition Employee Benefits (Related Doc #9) Date of Entry: 12/21/2022. (LL)
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| Filing 42 Certificate of Service . Filed by Allison A. Ito. (Related document(s): #39). (Ito, Allison) |
| Filing 41 Notice of Appearance of Cynthia M. Johiro as Attorney representing State of Hawaii Department of Taxation. Counsel consents to service of notices, pleadings, and papers by court transmission facilities. This entry for record purposes only. (Johiro, Cynthia) |
| Filing 40 Certificate of Service ; Declaration of Mailing. Filed by Allison A. Ito. (Related document(s): #13, #19). (Ito, Allison) |
| Filing 39 Notice of Hearing . Filed by Allison A. Ito. Hearing for: #33 Motion to Approve. Hearing scheduled for 1/9/2023 at 02:00 PM by Zoom. Go to zoomgov.com or call (833) 568-8864. Enter Meeting ID 161 789 3766; Passcode 1132. (Ito, Allison) |
| Filing 38 [The entire order in this matter is set forth in this docket entry. No document is attached.]Order Granting Motion to Shorten Time (related document(s): #33, #34). The court will hear the Motion to Authorize Postpetition Financing on an expedited basis on January 9, 2023 at 2:00 PM. Matter will be heard remotely at Zoomgov.com (audio only), Meeting ID: 161 789 3766. Passcode: 1132, or call (833) 568-8864. Responsive memoranda due: December 30, 2022. Reply memoranda due: January 4, 2023. Movant shall immediately give notice of the hearing and the briefing deadlines to all parties in interest entitled to notice and not receiving electronic notice.SO ORDERED. /s/ Robert J. Faris, United States Bankruptcy Judge |
| Filing 37 Schedule(s): A/B,D-H, Summary of Assets and Liabilities and Certain Statistical Information, Statement of Financial Affairs, List of Creditors . Amendment of Creditor List - Fee Amount: $32, Summary of Assets and Liabilities for Non-Individual . Filed by Allison A. Ito on behalf of BOTEILHO HAWAII ENTERPRISES, INC.., Statement of Financial Affairs . Filed by Allison A. Ito on behalf of BOTEILHO HAWAII ENTERPRISES, INC.., Amended List of Creditors Holding 20 Largest Unsecured Claims . Filed by Allison A. Ito., Declaration of Edward Boteilho, Jr. . Filed by Allison A. Ito. (Ito, Allison) |
| Filing 36 Adversary case 22-90021. ADVERSARY PROCEEDING OPENED. 11 (Recovery of money/property - 542 turnover of property): Complaint by Boteilho Hawaii Enterprises, Inc., dba Cloverleaf Dairy against Dutch-Hawaiian Dairy Farms, LLC, Kees Kea. (11 (Recovery of money/property - 542 turnover of property))(Alston, Paul) |
| Filing 35 Certificate of Service . Filed by Allison A. Ito. (Related document(s): #1). (Ito, Allison) |
| Filing 34 Ex Parte Motion to Shorten Time for #33 Motion to Approve, . Filed by Allison A. Ito on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Ito, Allison) |
| Receipt of filing fee for #37 Schedules (Initial Filing)(# 22-00827) [misc,mis603] ( 32.00). Receipt No. A3350088. Fee amount $ 32.00. (U.S. Treasury) |
| Filing 33 Motion to Approve Order Authorizing Debtor to Obtain Post-Petition Secured Indebtedness; and Exhibits "A" through "C". Filed by Allison A. Ito on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Attachments: #1 Declaration of Edward Boteilho, Jr.) (Ito, Allison) |
| Filing 32 Certificate of Service ;Declaration of Mailing. Filed by Allison A. Ito. (Related document(s): #31). (Ito, Allison) |
| Filing 31 Notice of Final Hearing on Debtor's First Day Motions. Hearing scheduled for 1/9/2023 at 2:00 PM by Zoom. Go to zoomgov.com or call (833) 568-8864. Enter Meeting ID 161 789 3766; Passcode 1132. Related Document(s): #6 Application to Employ, #7 Application to Employ, #8 First Day Motion, #9 First Day Motion, #10 First Day Motion, #15 Notice of Hearing, Filed by BOTEILHO HAWAII ENTERPRISES, INC.. (Ito, Allison) Modified on 12/13/2022 (LL). |
| Filing 30 Certificate of Service . Filed by David C Farmer. (Related document(s): #29). (Farmer, David) |
| Filing 29 Notice of Appearance by David C Farmer and Request for Notice . Filed by David C Farmer on behalf of Honoka`a Land Company LLC. (Farmer, David) |
| Filing 28 Designation of Responsible Individual: Bahman Sadeghi . Filed by Allison A. Ito on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Ito, Allison) |
| Filing 27 Debtor Submission of : Most Recent Balance Sheet; Most Recent Statement of Operations; Federal Tax Return in Possession of Debtor; Exhibits A-C . Filed by Allison A. Ito on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C) (Ito, Allison) |
| Filing 26 Declaration re: Electronic Filing of Initial Case Opening Documents. (BA) |
| Filing 25 Notice of Appearance by Frederick J. Arensmeyer and Request for Notice . Filed by Frederick J. Arensmeyer on behalf of Dutch-Hawaiian Dairy Farms, LLC. (Arensmeyer, Frederick) |
| Filing 24 BNC Certificate of Service - Clerk's Notice of Docket Entry (related document(s):#21) Notice Date 11/25/2022. (Admin.) |
| Filing 23 BNC Certificate of Service - Notice of Bankruptcy Case, Meeting of Creditors and Deadlines (related document(s):#19) Notice Date 11/24/2022. (Admin.) |
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Filing 22
Order and Notice of Deadlines and Status Conference in a Chapter 11 Subchapter V Case; BNC Certificate of Service (related document(s):#13) Notice Date 11/23/2022. (Admin.)
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| Filing 21 [The entire order in this matter is set forth in this docket entry. No document is attached.]ORDER GRANTING MOTION TO EXTEND TIME TO FILE DOCUMENTS (related document: #20). The deadline is extended to December 19, 2022 for filing Schedules A-J, Statement of Financial Affairs. IT IS FURTHER ORDERED that failure to file these documents by the extended deadline will result in dismissal of the case without further notice. SO ORDERED. /s/ Robert J. Faris, United States Bankruptcy Judge. |
| Filing 20 Motion to Extend Time to File Case Opening Documents . Filed by Allison A. Ito on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Ito, Allison) |
| Filing 19 Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors and Deadlines. Trustee Kevin T Lam added to the case. 341(a) meeting to be held on 12/21/2022 at 02:00 PM via teleconference (Ch 11). To access the meeting, call 1-877-461-0585; passcode 5721781#. Deadline to file complaint under sec. 523(c) or (Chapter 7 only) sec. 727(a) is 2/21/2023. Proofs of Claim due by 1/30/2023. (Verbrugge, Neil) |
| Filing 18 Minutes for hearing on First Day Motions held 11/22/2022 on #6 Application to Employ Choi & Ito, #7 Application to Employ Dentons as Special Litigation Counsel, #8 Motion Authorizing Use of Cash Collateral, #9 Motion to Pay Pre-Petition Wages, #10 Motion Prohibiting Utilities from Discontinuing Services. Disposition: The motion to pay pre-petition wages has been granted on a final basis. All other matters have been granted on an interim basis and final hearing scheduled. Mr. Choi to prepare the orders. Final Hearing set for 01/09/2023 at 2:00 PM. Objections due 01/03/2023 and replies due by 12:00 PM noon on 01/06/2023. Telephonic appearance(s): Chuck C. Choi and Allison A. Ito (Debtor - President Edward Boteilho, Jr. also present), Neil Verbrugge (UST), Paul Alston (Logix Capital LLC, Hawi Acquisition LLC, Dentons LLP). (JN) |
| Filing 17 PDF with attached Audio File. Court Date & Time [ 11/22/2022 10:34:40 AM ]. File Size [ 12952 KB ]. Run Time [ 00:26:59 ]. (admin). |
| Filing 16 United States Trustee's Statement Regarding Debtor's First Day Motions . Filed by U.S. Trustee Office of the U.S. Trustee.. (Related document(s):#6 Application to Employ, #7 Application to Employ, #8 First Day Motion, #9 First Day Motion, #10 First Day Motion). (Verbrugge, Neil) |
| Filing 15 Notice of Hearing on Certain of Debtor First Day Motions. Filed by Allison A. Ito. Hearing for: #6 Application to Employ, #7 Application to Employ, #8 First Day Motion, #9 First Day Motion, #10 First Day Motion. Hearing scheduled for 11/22/2022 at 10:30 AM by Zoom. Go to zoomgov.com or call (833) 568-8864. Enter Meeting ID 161 789 3766; Passcode 1132. (Ito, Allison) |
| Filing 14 [The entire order in this matter is set forth in this docket entry. No document is attached.]Order Granting Motion to Shorten Time (related document(s): #6, #7, #8, #9, #10, #12). The court will hear various first day motions on an expedited basis on November 22, 2022 at 10:30 a.m.. The matters will be heard remotely at Zoomgov.com (audio only), Meeting ID: 161 789 3766. Passcode: 1132, or call (833) 568-8864. Responsive memoranda due: up until the time of the hearing. Reply memoranda due: n/a. Movant shall immediately give notice of the hearing and the briefing deadlines to all parties in interest entitled to notice and not receiving electronic notice.SO ORDERED. /s/ Robert J. Faris, United States Bankruptcy Judge |
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Filing 13
Order and Notice of Deadlines and Status Conference in Chapter 11 Subchapter V Case. Proofs of Claim due by 1/30/2023. Chapter 11 Small Business Subchapter V Plan Due by 2/21/2023. Status Hearing set for 1/9/2023 at 02:00 PM at Zoom. Go to zoomgov.com or call (833) 568-8864. Enter Meeting ID 161 789 3766; Passcode 1132. Date of Entry: 11/21/2022. (mbd)
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| Filing 12 Ex Parte Motion to Shorten Time for #6 Application to Employ, #7 Application to Employ, #8 First Day Motion, #9 First Day Motion, #10 First Day Motion, ; Exhibit A. Filed by Chuck C. Choi on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Choi, Chuck) |
| Filing 11 Declaration of Edward Boteilho, Jr. In Support Of First Day Motions. Filed by Chuck C. Choi. (Related document(s): #6, #7, #8, #9, #10). (Choi, Chuck) |
| Filing 10 First Day Motion in Chapter 11 Case: Motion For Order Under 11 U.S.C. 105(A) And 366(C) (I) Prohibiting Utilities From Altering Or Discontinuing Services On Account Of Pre-Petition Invoices And (II) Establishing Procedures To Determine Requests For Additional Assurance Of Payment Has Been Provided To Utilities; Exhibit A. Filed by Chuck C. Choi on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Choi, Chuck) |
| Filing 9 First Day Motion in Chapter 11 Case: 6.Motion For Order Authorizing Debtor To Pay Pre-Petition Wages And Other Employment-Related Costs And Expenses And To Honor Pre-Petition Employee Benefits; Exhibits A - B. Filed by Chuck C. Choi on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Choi, Chuck) |
| Filing 8 First Day Motion in Chapter 11 Case: 7.Motion For Order Authorizing Debtor To Use Cash Collateral Pursuant To Stipulation; Exhibit A C. Filed by Chuck C. Choi on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Choi, Chuck) |
| Filing 7 Application to Employ Dentons as Special Litigation Counsel . Filed by Debtor BOTEILHO HAWAII ENTERPRISES, INC.. (Choi, Chuck) |
| Filing 6 Application to Employ Choi & Ito as General Bankruptcy Counsel . Filed by Debtor BOTEILHO HAWAII ENTERPRISES, INC.. (Choi, Chuck) |
| Filing 5 Amended Notice of Appointment of Subchapter V Trustee. (Attaching Lam Statement of Disinterestedness) Kevin T Lam added to the case. (Verbrugge, Neil) |
| Filing 4 Notice of Appearance of Neil J. Verbrugge as Trial Attorney representing United States Trustee. Counsel consents to service of notices, pleadings, and papers by court transmission facilities. This entry for record purposes only. (Verbrugge, Neil) |
| Filing 3 Notice of Appointment of Subchapter V Trustee. Kevin T Lam added to the case. (Ching, Curtis) |
| Filing 2 Corporate Resolution . Filed by Allison A. Ito on behalf of BOTEILHO HAWAII ENTERPRISES, INC.. (Ito, Allison) |
| Filing 1 Chapter 11 Subchapter V Voluntary Petition, Without All Required Schedules/Statements. Deadlines: Chapter 11 Small Business Subchapter V Plan Due by 02/21/2023.Corporate Resolution or Other Authorization due 12/5/2022. Schedule A/B due 12/5/2022. Schedule D due 12/5/2022. Schedule E/F due 12/5/2022. Schedule G due 12/5/2022. Schedule H due 12/5/2022. Statement of Financial Affairs due 12/5/2022. Summary of Assets and Liabilities due 12/5/2022.Incomplete Filings due by 12/5/2022. (Choi, Chuck) |
| Receipt of filing fee for #1 Voluntary Petition (Chapter 11)(# 22-00827) [misc,volp11a] (1738.00). Receipt No. A3338497. Fee amount $1738.00. (U.S. Treasury) |
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