Allen & Handy Investments LLC
| Allen & Handy Investments LLC |
| John Fitzgerald |
| 1:2022bk10681 |
| May 17, 2022 |
| U.S. Bankruptcy Court for the District of Massachusetts |
| Janet E Bostwick |
| Other |
Docket Report
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This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
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Filing 41
Order dated 7/14/2022 Re: #40 Application filed by Debtor Allen & Handy Investments LLC to Employ Daniel Jeannite as Realtor. THE DECLARATION OF ELECTRONIC FILING AND THE AFFIDAVIT ATTACHED TO THIS APPLICATION WERE SIGNED WITH AN ELECTRONICALLY CREATED SIGNATURE AND NOT AN IMAGED SIGNATURE AS REQUIRED BY MLBR APP. 8, RULE 7. PURSUANT TO AMENDED STANDING ORDER 2020-02, THE DEBTOR MUST FILE THE DOCUMENTS WITH AN IMAGED SIGNATURE BY AUGUST 1, 2022. IF THE DEBTOR FAILS TO TIMELY FILE THE DOCUMENTS WITH AN IMAGED SIGNATURE, THEN THE COURT WILL TAKE APPROPRIATE ACTION, WHICH MAY INCLUDE STRIKING THE PLEADINGS. (ag)
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| Filing 40 Application filed by Debtor Allen & Handy Investments LLC to Employ Daniel Jeannite as Realtor filed with Affidavit along with certificate of service. (Van Dam, Michael) |
| Filing 39 Notice of Hearing and Objection Deadline regarding Stipulation for Use of Cash Collateral (Re: #7 Motion for Cash Collateral, #18 Order on Motion to Use Cash Collateral, #26 Stipulation, #31 Order on Motion to Use Cash Collateral, #33 Order) filed by Creditor Stonington Capital LLC (Attachments: #1 Exhibit A - Revised CC Stipulation #2 Exhibit B - Redline Rev. CC Stip v. ECF 26 #3 Exhibit C - May 20th Order re: Video Hearing #4 Certificate of Service) (Vaughan, Rion) |
| Filing 38 Supplemental Document: with certificate of service (Re: #29 Amended Document) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 37 Certificate of Service (Re: #33 Order) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 36 Certificate of Service of Notice of Hearing (Re: #29 Amended Document) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 35 Certificate of Service (Re: #31 Order on Motion to Use Cash Collateral) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 34 Certificate of Service (Re: #33 Order) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 33 Proceeding Memorandum and Order dated 6/21/22 Re: #26 Stipulation and Order By Debtor Allen & Handy Investments LLC, Creditor Stonington Capital LLC [Proposed] (Re: #7 Motion for Cash Collateral, #17 Opposition, #18 Order on Motion to Use Cash Collateral) filed by Debtor Allen & Handy Investments LLC, Creditor Stonington Capital LLC). HEARING HELD. FOR THE REASONS SET FORTH ON THE RECORD, THE COURT WILL HOLD A CONTINUED HEARING BY VIDEO ON JULY 19, 2022, AT 10:45 A.M. ANY OBJECTIONS TO THE STIPULATION SHALL BE FILED BY JULY 15, 2022. THE ORDER REGARDING PROCEDURES FOR HEARINGS BY VIDEO DATED MAY 20, 2022, SHALL GOVERN THE HEARING. ANY PRO SE PARTIES OR COUNSEL MUST PROVIDE THE NOTICE OF PARTICIPATION REQUIRED UNDER PARAGRAPH II, 2 OF THE ORDER BY JULY 18, 2022, TO THE COURTROOM DEPUTY, REGINA BROOKS, AT REGINA_BROOKS@MAB.USCOURTS.GOV. THE DEBTOR SHALL BY JUNE 24, 2022, SERVE A COPY OF THIS ORDER ON ALL PARTIES ENTITLED TO NOTICE AND FILE A CERTIFICATE OF SERVICE. IF THE DEBTOR FAILS TO DO SO, THE COURT WILL TAKE SUCH ACTION AS IS APPROPRIATE. (ag) |
| Filing 32 Proceeding Memorandum and Order dated 6/21/2022 Re: #8 Application filed by Debtor Allen & Handy Investments LLC to Employ Michael Van Dam as Counsel. HEARING HELD. FOR THE REASONS SET FORTH ON THE RECORD, THE APPLICATION IS GRANTED. PAYMENT OF FEES AND EXPENSES ARE SUBJECT TO PRIOR COURT APPROVAL PURSUANT TO SECTION 330 AND 331 OF THE CODE. (ag) |
| Filing 31 Proceeding Memorandum and Order dated 6/21/2022 Re: #7 Expedited Motion filed by Debtor Allen & Handy Investments LLC for Authorizing of (1) Use of Cash Collateral, (2) Granting Replacement Liens as Adequate Protection, and (3) Additional Relief. HEARING HELD. FOR THE REASONS SET FORTH ON THE RECORD, THE DEBTOR IS AUTHORIZED TO USE CASH COLLATERAL ON AN INTERIM BASIS THROUGH JULY 20, 2022, ON THE SAME TERMS AND CONDITIONS AS SET FORTH IN THE ORDER DATED MAY 25, 2022, EXCEPT AS MODIFIED BY THIS ORDER. THE DEBTOR SHALL USE SUCH FUNDS IN ACCORDANCE WITH THE BUDGET FILED ON JUNE 16, 2022, SUBJECT TO A 10 PERCENT VARIANCE ON ANY EXPENSES. NO PAYMENT SHALL BE MADE WITH RESPECT TO ATTORNEYS' FEES IN THE BUDGET ABSENT FURTHER COURT ORDER. THE COURT WILL HOLD A CONTINUED HEARING ON THE MOTION BY VIDEO ON JULY 19, 2022, AT 10:45 A.M. THE ORDER REGARDING PROCEDURES FOR HEARINGS BY VIDEO DATED MAY 20, 2022, SHALL GOVERN THE HEARING. ANY PRO SE PARTIES OR COUNSEL MUST PROVIDE THE NOTICE OF PARTICIPATION REQUIRED UNDER PARAGRAPH II, 2 OF THE ORDER BY JULY 18, 2022, TO THE COURTROOM DEPUTY, REGINA BROOKS, AT REGINA_BROOKS@MAB.USCOURTS.GOV. THE DEBTOR SHALL BY JULY 12, 2022, FILE (a) A RECONCILIATION OF ACTUAL INCOME AND EXPENSES ON A CASH BASIS TO THE BUDGETED INCOME AND EXPENSES FOR THE PERIOD THROUGH JUNE 30, 2022, AND (b) IF APPROPRIATE, AN UPDATED PROJECTED BUDGET THROUGH SEPTEMBER 30, 2022. THE DEBTOR SHALL BY JUNE 24, 2022, SERVE A COPY OF THIS ORDER ON ALL PARTIES ENTITLED TO NOTICE AND FILE A CERTIFICATE OF SERVICE. IF THE DEBTOR FAILS TO DO SO, THE COURT WILL TAKE SUCH ACTION AS IS APPROPRIATE. (ag) |
| Filing 30 Video Hearing Scheduled for 7/19/2022 at 10:45 AM RE: #29 Amended #8 Application filed by Debtor Allen & Handy Investments LLC to Employ Michael Van Dam as Counsel. Responses due by 7/12/2022 at 04:30 PM. *The Order Regarding Nonevidentiary Video Hearings dated 5/20/2022, shall govern the hearing. Any pro se parties or counsel must provide the Notice of Participation required under Paragraph II, 2 of the order by 7/18/2022, to the Courtroom Deputy, Regina Brooks, at Regina_Brooks@mab.uscourts.gov. (rmb, USBC) |
| Hearing Held and Continued for 7/19/2022 at 10:45 AM at Video Hearing (Re: #7 Expedited Motion filed by Debtor Allen & Handy Investments LLC for Authorizing of (1) Use of Cash Collateral, (2) Granting Replacement Liens as Adequate Protection, and (3) Additional Relief). (ag) |
| Hearing Held (Re: #8 Application filed by Debtor Allen & Handy Investments LLC to Employ Michael Van Dam as Counsel). (ag) |
| Hearing Held and Continued for 7/19/2022 at 10:45 AM at Video (Re: #26 Stipulation and Order By Debtor Allen & Handy Investments LLC, Creditor Stonington Capital LLC [Proposed] (Re: #7 Motion for Cash Collateral, #17 Opposition, #18 Order on Motion to Use Cash Collateral) filed by Debtor Allen & Handy Investments LLC, Creditor Stonington Capital LLC). (ag) |
| Filing 29 Amended with certificate of service (Re: #8 Application to Employ) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 28 Video Hearing Scheduled for 6/21/2022 at 11:30 AM RE: #26 Stipulation and Order By Debtor Allen & Handy Investments LLC, Creditor Stonington Capital LLC Authorizing Debtor's Use of Cash Collateral. *The Order Regarding Nonevidentiary Video Hearings dated 5/20/2022, shall govern the hearing. Any pro se parties or counsel must provide the Notice of Participation required under Paragraph II, 2 of the order by noon on 6/17/2022, to the Courtroom Deputy, Regina Brooks, at Regina_Brooks@mab.uscourts.gov. (rmb, USBC) |
| Filing 27 Statement of Actual versus Projected with certificate of service (Re: #7 Motion for Cash Collateral) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
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Filing 26
Stipulation and Order By Debtor Allen & Handy Investments LLC, Creditor Stonington Capital LLC [Proposed] (Re: #7 Motion for Cash Collateral, #17 Opposition, #18 Order on Motion to Use Cash Collateral) filed by Debtor Allen & Handy Investments LLC, Creditor Stonington Capital LLC (Attachments: #1 Exhibit A - Cash Collateral Budget through 9-30-22) (Vaughan, Rion)
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| Meeting of Creditors Held and Examination of Debtor on June 15, 2022. (Sprague, Heather) |
| Telephonic Meeting Information for Section 341 Meeting of Creditors: Dial-in Number: (877) 369-9123 Participant Code: 8635039#. For International Call Information Please Contact the Trustee. (Sprague, Heather) |
| Filing 25 Notice of Appearance and Request for Notice by John Houton with certificate of service filed by Creditor City of Boston Treasury Department (Houton, John) |
| Filing 24 Equity Security Holders , Statement of Financial Affairs for Non-Individual (Re: #4 Order to Update) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 23 Summary of Assets and Liabilities Schedules for Non-Individual , Declaration Under Penalty of Perjury filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 22 Disclosure of Compensation of Attorney Michael Van Dam in the amount of $1,662.00. Plus $1,738.00 paid to debtor`s counsel for court filing fees filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 21 Schedules A-H. filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 20 Certificate of Service (Re: #18 Order on Motion to Use Cash Collateral) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 19 Statement of Resolution filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 18 Proceeding Memorandum and Order dated 5/25/2022 [Re: #7 Expedited Motion filed by Debtor Allen & Handy Investments LLC for Authorizing of (1) Use of Cash Collateral, (2) Granting Replacement Liens as Adequate Protection, and (3) Additional Relief]. HEARING HELD. FOR THE REASONS SET FORTH ON THE RECORD, THE MOTION IS GRANTED ON AN INTERIM BASIS AS FOLLOWS: 1. THE DEBTOR IS AUTHORIZED TO USE CASH COLLATERAL AS DEFINED UNDER SECTION 363 OF THE CODE ("CASH COLLATERAL") THROUGH AND INCLUDING JUNE 22, 2022. THE DEBTOR'S USE OF CASH COLLATERAL IS LIMITED TO NO MORE THAN $100 FOR REPAIRS. THE DEBTOR SHALL SEGREGATE THE BALANCE OF THE CASH COLLATERAL AS REQUIRED UNDER SECTION 363. 2. AS ADEQUATE PROTECTION FOR ANY DIMINUTION IN ITS INTEREST DUE TO THE USE OF CASH COLLATERAL, STONINGTON CAPITAL LLC IS GRANTED REPLACEMENT LIENS IN POSTPETITION ASSETS OF THE SAME KIND, TYPE, AND NATURE AS THE PREPETITION COLLATERAL OF STONINGTON AND ANY PROCEEDS THEREOF. SUCH LIENS SHALL HAVE THE SAME PRIORITY AS THE PREPETITION LIENS OF STONINGTON AND SHALL BE DEEMED VALID, ENFORCEABLE AND PERFECTED ONLY TO THE EXTENT THAT THE PREPETITION LIENS OF STONINGTON ARE VALID, ENFORCEABLE AND PERFECTED. NOTHING HEREIN CONSTITUTES A DETERMINATION OF THE VALIDITY, ENFORCEABILITY, PERFECTION OR PRIORITY OF ANY LIENS. 3. THE COURT WILL HOLD A CONTINUED NONEVIDENTIARY HEARING ON THE MOTION BY VIDEO ON JUNE 21, 2022, AT 11:30 A.M. THE ORDER REGARDING PROCEDURES FOR HEARINGS BY VIDEO DATED MAY 20, 2022, SHALL GOVERN THE HEARING. ANY PRO SE PARTIES OR COUNSEL MUST PROVIDE THE NOTICE OF PARTICIPATION REQUIRED UNDER PARAGRAPH II, 2 OF THE ORDER BY JUNE 17, 2022, 12:00 P.M., TO THE COURTROOM DEPUTY, REGINA BROOKS, AT REGINA_BROOKS@MAB.USCOURTS.GOV. 4. ANY OBJECTIONS TO THE MOTION SHALL BE FILED BY JUNE 16, 2022, AT 4:30 P.M. 5. THE DEBTOR SHALL BY JUNE 17, 2022, FILE (A) A RECONCILIATION OF ACTUAL INCOME AND EXPENSES ON A CASH BASIS TO THE BUDGETED INCOME AND EXPENSES FOR THE PERIOD THROUGH JUNE 10, 2022, AND (B) IF APPROPRIATE, AN UPDATED PROJECTED BUDGET THROUGH SEPTEMBER 30, 2022. 6. NOTHING HEREIN SHALL PRECLUDE ANY CREDITOR OR PARTY IN INTEREST FROM TIMELY OBJECTING TO THE MOTION PRIOR TO A FINAL HEARING, OR ANY PARTY FROM OBJECTING TO THE VALIDITY, PERFECTION OR ENFORCEABILITY OF THE PREPETITION SECURITY INTERESTS OR THE CLAIMS OF ANY SECURED CREDITOR. NO SUCH OBJECTION SHALL AFFECT THE GRANT OF SECURITY FOR ANY CASH COLLATERAL ACTUALLY USED PRIOR TO THE FINAL HEARING, EXCEPT TO THE EXTENT IT IS SUBSEQUENTLY DETERMINED THAT A SECURED CREDITOR DOES NOT HOLD A VALID, PERFECTED AND ENFORCEABLE PREPETITION SECURITY INTEREST. 7. THE DEBTOR SHALL BY MAY 31, 2022, SERVE A COPY OF THIS ORDER ON ALL PARTIES ENTITLED TO NOTICE AND FILE A CERTIFICATE OF SERVICE. IF THE DEBTOR FAILS TO DO SO, THE COURT WILL TAKE SUCH ACTION AS IS APPROPRIATE. (ag) |
| Hearing Held and Continued for 6/21/2022 at 11:30 AM at Video Hearing (Re: #7 Expedited Motion filed by Debtor Allen & Handy Investments LLC for Authorizing of (1) Use of Cash Collateral, (2) Granting Replacement Liens as Adequate Protection, and (3) Additional Relief). (ag) |
| Filing 17 Limited Opposition with certificate of service filed by Creditor Stonington Capital LLC Re: #7 Expedited Motion filed by Debtor Allen & Handy Investments LLC for Use of Cash Collateral with certificate of service. (Attachments: #1 Exhibit A - Stonington Mortgage #2 Exhibit B - Stonington Note #3 Exhibit C - MLC #4 Exhibit D - Debtor's Appraisal #5 Certificate of Service) (Vaughan, Rion) |
| Filing 16 Notice of Appearance and Request for Notice by James C. Fox with certificate of service filed by Creditor Stonington Capital LLC (Fox, James) |
| Filing 15 Notice of Appearance and Request for Notice by Rion Vaughan with certificate of service filed by Creditor Stonington Capital LLC (Vaughan, Rion) |
| Filing 14 Supplemental Certificate of Service (Re: #7 Motion for Cash Collateral, #8 Application to Employ, #9 Order To Set Hearing, #10 Order, #11 Order To Set Hearing) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 13 Certificate of Service (Re: #7 Motion for Cash Collateral, #8 Application to Employ, #9 Order To Set Hearing, #10 Order, #11 Order To Set Hearing) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 12 BNC Certificate of Mailing - Meeting of Creditors. (Re: #5 Court's Notice of 341 sent - 11 Corporation) Notice Date 05/20/2022. (Admin.) |
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Filing 11
Order dated 5/20/22 Re: #7 Expedited Motion filed by Debtor Allen & Handy Investments LLC for Authorizing of (1) Use of Cash Collateral, (2) Granting Replacement Liens as Adequate Protection, and (3) Additional Relief. THE REQUEST FOR EXPEDITED TREATMENT IS GRANTED AS FOLLOWS. THE COURT WILL HOLD A HEARING ON THE MOTION ON MAY 25, 2022, AT 10:30 A.M. THE HEARING WILL BE CONDUCTED BY VIDEO. OBJECTIONS TO THE MOTION MAY BE RAISED AT THE HEARING. THE ORDER REGARDING PROCEDURES FOR HEARINGS BY VIDEO DATED MAY 20, 2022, SHALL GOVERN THE HEARING. ANY PRO SE PARTIES OR COUNSEL MUST PROVIDE THE NOTICE OF PARTICIPATION REQUIRED UNDER PARAGRAPH II, 2 OF THE ORDER BY MAY 24, 2022, 12:00 P.M., TO THE COURTROOM DEPUTY, REGINA BROOKS, AT REGINA_BROOKS@MAB.USCOURTS.GOV. THE DEBTOR SHALL IMMEDIATELY GIVE NOTICE OF THE MOTION AND THE HEARING BY (I) SERVING COPIES OF THE MOTION, THE ORDER REGARDING PROCEDURES FOR HEARINGS BY VIDEO, AND THIS ORDER ON STONINGTON CAPITAL LLC, THE UNITED STATES TRUSTEE, ALL CREDITORS, INTERESTED PARTIES, AND PARTIES HAVING FILED AN APPEARANCE, BY ELECTRONIC MAIL OR OTHER METHOD DESIGNED TO PROVIDE IMMEDIATE NOTICE, OR (II) GIVING TELEPHONIC NOTICE OF THE HEARING DATE AND THE CONTENTS OF THE MOTION FOLLOWED BY SERVICE OF COPIES OF THE MOTION, THE ORDER REGARDING PROCEDURES FOR HEARINGS BY VIDEO, AND THIS ORDER BY FIRST CLASS MAIL, POSTAGE PREPAID. THE DEBTOR SHALL FILE A CERTIFICATE OF SERVICE (INCLUDING THE MANNER OF SERVICE) BY MAY 23, 2022. (ag)
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Filing 10
Order Regarding Procedures for Hearings by Video dated 5/20/22 Re: (Re: #1 Voluntary Petition (Chapter 11) filed by Debtor Allen & Handy Investments LLC). (ag)
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Filing 9
Order Scheduling Video Hearing dated 5/20/22 Re: #8 Application filed by Debtor Allen & Handy Investments LLC to Employ Michael Van Dam as Counsel. THE COURT WILL HOLD A HEARING ON JUNE 21, 2022, AT 11:30 A.M. ANY RESPONSES SHALL BE FILED BY JUNE 14, 2022, AT 4:30 P.M. THE HEARING WILL BE HELD BY VIDEO. THE ORDER REGARDING NONEVIDENTIARY VIDEO HEARINGS DATED MAY 20, 2022, SHALL GOVERN THE HEARING. ANY PRO SE PARTIES OR COUNSEL MUST PROVIDE THE NOTICE OF PARTICIPATION REQUIRED UNDER PARAGRAPH II, 2 OF THE ORDER BY JUNE 17, 2022, TO THE COURTROOM DEPUTY, REGINA BROOKS, AT REGINA_BROOKS@MAB.USCOURTS.GOV. THE DEBTOR IS RESPONSIBLE FOR: 1) SERVING A COPY OF THIS ORDER UPON ALL PARTIES ENTITLED TO NOTICE; AND 2) FILING A CERTIFICATE OF SUCH SERVICE BY MAY 24, 2022. (ag)
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| Filing 8 Application filed by Debtor Allen & Handy Investments LLC to Employ Michael Van Dam as Counsel filed with Affidavit along with certificate of service. (Van Dam, Michael) |
| Filing 7 Expedited Motion filed by Debtor Allen & Handy Investments LLC for Authorizing of (1) Use of Cash Collateral, (2) Granting Replacement Liens as Adequate Protection, and (3) Additional Relief with certificate of service. (Van Dam, Michael) |
| Filing 6 Evidence of Current and Sufficient Liability and Property Insurance filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 5 Court's Notice of 341 sent. (sl) |
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Filing 4
Order to Update Re:#1 Chapter 11 Voluntary Petition. Corporate Vote due by 5/25/2022. Attorney/Debtor Signature Page ,Atty Disclosure Statement ,List of Equity Security Holders ,Schedules A-H ,Statement of Financial Affairs ,Summary of Assets and Liabilities due 6/1/2022. Incomplete Filings due by 6/1/2022. (nr)
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| Meeting of Creditors scheduled on 341(a) meeting to be held on 6/15/2022 at 11:00 AM as Telephonic Meeting. (sl) |
| Filing 3 Signature Page (Re: #1 Voluntary Petition (Chapter 11)) filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 2 Declaration Re: Electronic Filing filed by Debtor Allen & Handy Investments LLC (Van Dam, Michael) |
| Filing 1 Chapter 11 Voluntary Petition Non-Individual. with deficiencies. Filing Fee in the Amount of $1738 Filed by Allen & Handy Investments LLC. (Van Dam, Michael) |
| Receipt of filing fee for Voluntary Petition (Chapter 11)(# 22-10681) [misc,volp11] (1738.00). Receipt Number B19655644, amount $1738.00 (re: Doc#1) (U.S. Treasury) |
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| Debtor: Allen & Handy Investments LLC | |
| Represented By: | Michael Van Dam |
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| Us trustee: John Fitzgerald | |
| Represented By: | Heather Sprague |
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