C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc.
| C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc. |
| Richard King - B |
| J.A.J. Tile Co., Inc. |
| 1:2023bk11357 |
| August 24, 2023 |
| U.S. Bankruptcy Court for the District of Massachusetts |
| Christopher J Panos |
| Other |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 113 BNC Certificate of Mailing - PDF Document. (Re: #105 Order on Motion to Appear pro hac vice) Notice Date 10/20/2023. (Admin.) |
| Filing 112 BNC Certificate of Mailing - PDF Document. (Re: #103 Order on Motion to Appear pro hac vice) Notice Date 10/20/2023. (Admin.) |
| Filing 111 Chapter 11 Monthly Operating Report for Case Number 23-11358 for the Month Ending: 09/30/2023 filed by Joint Debtor C.W. Keller Holding Company, Inc. (Pelton, Steffani) |
| Filing 110 Chapter 11 Monthly Operating Report for the Month Ending: 09/30/2023 filed by Debtor C.W. Keller & Associates, LLC (Pelton, Steffani) |
| Filing 109 Proceeding Memorandum and Order dated 10/20/2023 Re: #38 Motion filed by Debtor C.W. Keller & Associates, LLC for Sale of Property free and clear of liens under Section 363(f) Re: Certain Assets. GRANTED AS WILL BE SETFORTH IN A SEPARATE ORDER AUTHORIZING THE SALE THAT SHALL ENTER. COUNSEL TO THE DEBTORS (I) SHALL CIRCULATE A FORM OF ORDER TO ALL PARTIES IN INTEREST THAT ATTENDED THE HEARING AND (II) SHALL FILE A NOTICE ON THE DOCKET AS DESCRIBED ON THE RECORD WITH A COPY OF THE PROPOSED SALE ORDER AND SHALL SERVE ALL PARTIES THAT ATTENDED THE HEARING. ANY OPPOSITION TO THE FORM OF ORDER SHALL BE FILED BY NO LATER THAN ONE BUSINESS DAY AFTER THE NOTICE IS FILED. (Telam, Usbc) |
| Hearing Held 10/19/2023 (Re: #38 Motion to Sell filed by Debtor C.W. Keller & Associates, LLC). (Telam, Usbc) |
| Filing 108 Notice of Withdrawal with certificate of service of Response to Debtor's Notice of Assumption Of Executory Contracts And Unexpired Leases And Cure Obligations (Re: #89 Response Re: #38 Motion filed by Debtor C.W. Keller & Associates, LLC for Sale of Property free and clear of liens under Section 363(f) Re: Certain Assets) filed by Creditor Hoffman Construction Company of Oregon) (Sopp, William) |
| Filing 107 Stipulated Order dated 10/19/2023 Re: #106 Stipulation filed by Debtor C.W. Keller & Associates, LLC. See Order for Full Text. (Telam, Usbc) |
Filing 106
Stipulation and Order By Debtor C.W. Keller & Associates, LLC and Hathaway Dinwiddie (second) (Re: #38 Motion to Sell) filed by Debtor C.W. Keller & Associates, LLC (Madoff, David)
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| Filing 105 Endorsed Order dated 10/18/2023 Re: #98 Motion filed by William Sopp on behalf of Timothy J. Conway to Appear pro hac vice for Creditor Hoffman Construction Company of Oregon. GRANTED. ATTORNEY TIMOTHY J. CONWAY IS HEREBY AUTHORIZED TO APPEAR PRO HAC VICE IN THIS MATTER ON BEHALF OF HOFFMAN CONSTRUCTION COMPANY OF OREGON. (ab) |
| Filing 104 Certificate of Service (Re: #102 Stipulation) filed by Interested Party CWK Associates, LLC (Jeffery, Donald) |
| Filing 103 Endorsed Order dated 10/18/2023 Re: #99 Motion filed by Shauna Twohig on behalf of Karen C. Bifferato to Appear pro hac vice for Creditor Cigna Health and Life Insurance Company. GRANTED. ATTORNEY KAREN C. BIFFERATO IS HEREBY AUTHORIZED TO APPEAR PRO HAC VICE IN THIS MATTER ON BEHALF OF CIGNA HEALTH AND LIFE INSURANCE COMPANY. (Telam, Usbc) |
| Filing 102 Stipulation By Interested Party CWK Associates, LLC and The Debtors, Enterprise Bank & Trust, and Spinnaker Realty Trust with respect to objections to sale (Re: #90 Objection, #92 Objection) filed by Interested Party CWK Associates, LLC (Jeffery, Donald) |
| Receipt Number : phv-21020-1697490124, Fee Amount $100.00 Re: #101 Notice of Fee Due (Pro Hac Vice). (meh, Usbc) |
| Filing 101 Notice of Fee Due (Pro Hac Vice) issued to Karen C. Bifferato representing Cigna Health and Life Insurance Company. PHV Fee Due 10/27/2023. (Re: #99 Motion to Appear pro hac vice filed by Creditor Cigna Health and Life Insurance Company). (Telam, Usbc) |
| Filing 100 Notice of Fee Due (Pro Hac Vice) issued to Timothy J. Conway representing Hoffman Construction Company of Oregon. PHV Fee Due 10/27/2023. (Re: #98 Motion to Appear pro hac vice filed by Creditor Hoffman Construction Company of Oregon). (Telam, Usbc) |
| Filing 99 Motion filed by Shauna Twohig on behalf of Karen C. Bifferato to Appear pro hac vice for Creditor Cigna Health and Life Insurance Company. (Attachments: #1 Affidavit Declaration of Karen C. Bifferato in Support of Admission Pro Hac Vice) (Twohig, Shauna) |
| Filing 98 Motion filed by William Sopp on behalf of Timothy J. Conway to Appear pro hac vice for Creditor Hoffman Construction Company of Oregon. (Attachments: #1 Affidavit of Timothy J. Conway) (Sopp, William) |
| Filing 97 BNC Certificate of Mailing - PDF Document. (Re: #95 Order on Motion to Appear pro hac vice) Notice Date 10/15/2023. (Admin.) |
| Filing 96 BNC Certificate of Mailing - PDF Document. (Re: #94 Order on Motion to Appear pro hac vice) Notice Date 10/15/2023. (Admin.) |
| Filing 95 Endorsed Order dated 10/13/2023 Re: #76 Motion filed by Shauna Twohig on behalf of Philip M. Guffy to Appear pro hac vice for Creditor Cigna Health and Life Insurance Company. GRANTED. ATTORNEY PHILIP M. GUFFY IS HEREBY AUTHORIZED TO APPEAR PRO HAC VICE IN THIS MATTER ON BEHALF OF CIGNA HEALTH AND LIFEINSURANCE COMPANY. (dc) |
| Filing 94 Endorsed Order dated 10/13/2023 Re: #77 Motion filed by Shauna Twohig on behalf of Jeffrey C. Wisler to Appear pro hac vice for Creditor Cigna Health and Life Insurance Company. GRANTED. ATTORNEY JEFFREY C. WISLER IS HEREBY AUTHORIZED TO APPEAR PRO HAC VICE IN THIS MATTER ON BEHALF OF CIGNA HEALTH AND LIFE INSURANCE COMPANY. (dc) |
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Filing 93
Stipulation and Order dated 10/13/23 Re: #86 Stipulation and Order By Debtor C.W. Keller & Associates, LLC and Hathaway Dinwiddle with certificate of service Re: #38 Motion to Sell. (See Order for Full Text) (dc)
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| Filing 92 Limited Objection with certificate of service filed by Creditor Enterprise Bank & Trust Company Re: #38 Motion filed by Debtor C.W. Keller & Associates, LLC for Sale of Property free and clear of liens under Section 363(f) Re: Certain Assets with certificate of service. Fee Amount $188 (Crochiere, Paul) |
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Filing 91
Order dated 10/13/2023 Re: #87 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC to Extend Time to File Objection Re: #38 Motion to Sell. GRANTED. THE DEADLINE FOR ENTERPRISE BANK & TRUST CO. AND SPINNAKER REALTY TRUST TO OBJECT TO THE DEBTOR'S MOTION FOR AUTHORITY TO SELL SUBSTANTIALLY ALL ASSETS [DKT. NO. 38] IS HEREBY EXTENDED TO OCTOBER 18, 2023. (dc).
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| Filing 90 Limited Objection with certificate of service filed by Creditor Spinnaker Realty Trust Re: #38 Motion filed by Debtor C.W. Keller & Associates, LLC for Sale of Property free and clear of liens under Section 363(f) Re: Certain Assets with certificate of service. Fee Amount $188 (Baldiga, Joseph) |
| Filing 89 Response to Debtor's Notice of Assumption Of Executory Contracts And Unexpired Leases And Cure Obligations with certificate of service filed by Creditor Hoffman Construction Company of Oregon (Re: #38 Debtor's Motion to Sell). (Attachments: #1 Exhibit A) (Sopp, William). Linked to Related document(s) #38. Modified on 10/16/2023 (ab). |
| Filing 88 Notice of Appearance and Request for Notice by William Sopp filed by Creditor Hoffman Construction Company of Oregon (Sopp, William) |
| Filing 87 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC to Extend Time to File Objection [Re: #38 Motion to Sell] with certificate of service. (Madoff, David) |
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Filing 86
Stipulation and Order By Debtor C.W. Keller & Associates, LLC and Hathaway Dinwiddle with certificate of service (Re: #38 Motion to Sell) filed by Debtor C.W. Keller & Associates, LLC (Madoff, David)
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| Filing 85 Certificate of Service (Re: #84 Notice) filed by Debtor C.W. Keller & Associates, LLC (Jeffery, Donald) |
| Filing 84 Notice of Additional Assumed Contracts (Re: #38 Motion to Sell) filed by Interested Party CWK Associates, LLC (Jeffery, Donald) |
| Receipt Number phv-22707-1697045022, Fee Amount $100.00 Re: #80 Notice of Fee Due (Pro Hac Vice). (meh, Usbc) |
| Receipt Number phv-22671-1697044756, Fee Amount $100.00 Re: #79 Notice of Fee Due (Pro Hac Vice). (meh, Usbc) |
| Filing 83 Objection filed by Interested Party 4076 Specialty Place, LLC Re: #38 Motion filed by Debtor C.W. Keller & Associates, LLC for Sale of Property free and clear of liens under Section 363(f) Re: Certain Assets, #52 Order dated 9/14/2023 Re: #39 Motion for Entry of Order Approving Bidding Procedure filed by Debtor C.W. Keller & Associates, LLC with certificate of service. (Horne, Jonathan) |
| Filing 82 Court Certificate of Mailing. (Re: #80 Notice of Fee Due (Pro Hac Vice)) (dc) |
| Filing 81 Court Certificate of Mailing. (Re: #79 Notice of Fee Due (Pro Hac Vice)) (dc) |
| Filing 80 Notice of Fee Due (Pro Hac Vice) issued to Jeffrey C. Wisler representing Cigna Health and Life Insurance Company. PHV Fee Due 10/23/2023. (Re: #77 Motion to Appear pro hac vice filed by Creditor Cigna Health and Life Insurance Company) (dc) |
| Filing 79 Notice of Fee Due (Pro Hac Vice) issued to Philip M. Guffy representing Cigna Health and Life Insurance Company.. PHV Fee Due 10/23/2023. (Re: #76 Motion to Appear pro hac vice filed by Creditor Cigna Health and Life Insurance Company) (dc) |
| Filing 78 Objection Protective Objection of Cigna to Notice of Assumption of Executory COntracts and Unexpired Leases and Cure Obligations with certificate of service filed by Creditor Cigna Health and Life Insurance Company Re: #38 Motion filed by Debtor C.W. Keller & Associates, LLC for Sale of Property free and clear of liens under Section 363(f) Re: Certain Assets with certificate of service. Fee Amount $188, #52 Order dated 9/14/2023 Re: #39 Motion for Entry of Order Approving Bidding Procedure filed by Debtor C.W. Keller & Associates, LLC. GRANTED. See Order for Full Text. (dr), #54 Certificate of Service of Notice of Hearing (Re: #52 Order, #53 Notice of Intent to Sell) filed by Debtor C.W. Keller & Associates, LLC (Attachments: # 1 Exhibit Orders) (Twohig, Shauna) |
| Filing 77 Motion filed by Shauna Twohig on behalf of Jeffrey C. Wisler to Appear pro hac vice for Creditor Cigna Health and Life Insurance Company. (Attachments: #1 Affidavit Declaration of Jeffrey C. Wisler in Support of Admission Pro Hac Vice) (Twohig, Shauna) |
| Filing 76 Motion filed by Shauna Twohig on behalf of Philip M. Guffy to Appear pro hac vice for Creditor Cigna Health and Life Insurance Company. (Attachments: #1 Affidavit Declaration of Philip Guffy in Support of Admission Pro Hac Vice) (Twohig, Shauna) |
| Filing 75 Notice of Appearance and Request for Notice by Shauna Twohig filed by Creditor Cigna Health and Life Insurance Company (Twohig, Shauna) |
| Filing 74 Certificate of Service of Notice of Last Date to File Claims Against the Debtors (Re: #69 Order on Motion To Set Bar Date) filed by Debtor C.W. Keller & Associates, LLC (Attachments: #1 Exhibit Bar Date Notice and Official Form 410) (Madoff, David) |
| Filing 73 Certificate of Service of Notice of Hearing (Re: #4 Motion for Order/Authority, #72 Order) filed by Debtor C.W. Keller & Associates, LLC (Madoff, David) |
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Filing 72
Order dated 10/6/2023 Re: #4 Debtors' Emergency Motion for Authority to Use Cash Collateral and to Pay Adequate Protection Therefor filed by Debtors C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc. THE HEARING TO CONSIDER FURTHER APPROVAL OF USE OF COLLATERAL AND ADEQUATE PROTECTION THEREFOR AS PROPOSED IN THE MOTION IS HEREBY SCHEDULED BEFORE THIS COURT FOR NOVEMBER 15, 2023 AT 10:30 A.M. (THE "CONTINUED HEARING"). THE CONTINUED HEARING SHALL BE CONDUCTED BY TELEPHONE. TO PARTICIPATE, ATTENDEES SHALL DIAL (877) 873-8018 AND ENTER ACCESS CODE 1167883. ANY OBJECTIONS MUST BE FILED BY NOVEMBER 13, 2023 AT 11:59 P.M. See Order for Full Text. (dr)
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| Filing 71 Proceeding Memorandum and Order dated 10/6/2023 Re: #4 Debtors' Emergency Motion for Authority to Use Cash Collateral and to Pay Adequate Protection Therefor filed by Debtors C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc., #6 Debtors' Motion for an Interim and Final Order (I) Authorizing Secured Debtor in Possession Financing Pursuant to 11 U.S.C. 364(D) and Related Relief filed by Debtors C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc. HEARINGS HELD ON 10/3/2023 ON THE DEBTORS EMERGENCY MOTION FOR AUTHORITY TO USE CASH COLLATERAL AND TO PAY ADEQUATE PROTECTION THEREFOR [DKT. NO. 4] (THE CASH COLLATERAL MOTION) AND DEBTORS MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING SECURED DEBTOR IN POSSESSION FINANCING PURSUANT TO 11 U.S.C. 364(D) AND RELATED RELIEF [DKT. NO. 6] (THE DIP FINANCING MOTION). DIP FINANCING APPROVED ON THE SAME TERMS AND CONDITIONS SET FORTH IN THE ORDER ENTERED AT DKT. NO. 49 AND THE DEBTORS ARE AUTHORIZED TO BORROW FUNDS IN THE AMOUNTS AS REFLECTED IN THE DIP TERM SHEET AND BUDGET ATTACHED AS EXHIBITS A AND B TO THAT ORDER. AUTHORIZATION FOR THE CONTINUED USE CASH COLLATERAL GRANTED. A SEPARATE ORDER REGARDING THE CASH COLLATERAL MOTION SHALL ENTER. A HEARING ON THE CONTINUED USE OF CASH COLLATERAL IS SCHEDULED FOR NOVEMBER 15, 2023 AT 10:30 A.M. BY TELEPHONE. (dr) |
| Filing 70 Certificate of Service (Re: #69 Order on Motion To Set Bar Date) filed by Debtor C.W. Keller & Associates, LLC (Madoff, David) |
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Filing 69
Order dated 10/5/2023 Re: #59 Motion filed by Debtor C.W. Keller & Associates, LLC to Set Bar Date. See Order for Full Text. (dc)
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| Hearing Held and Continued to 11/15/2023 at 10:30 AM Re: #4 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Authority to Use Cash Collateral and to Pay Adequate Protection Therefor. (meh, Usbc) |
| Hearing Held Re: #6 Motion for Order/Authority filed by Debtor C.W. Keller & Associates, LLC. (meh, Usbc) |
| Filing 68 Notice of Appearance and Request for Notice by Michael S. Amato, Joseph S.U. Bodoff with certificate of service filed by Creditor American Wood Installers, Inc. (Bodoff, Joseph) |
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Filing 67
Order dated 10/2/2023 Converting 10/3/2023 Hearings to Telephonic Hearings Re: #4 Emergency Motion for Authority to Use Cash Collateral and to Pay Adequate Protection Therefor filed by Debtors C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc. (the "Cash Collateral Motion") and #6 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Order Authorizing Secured Debtor In Possession Financing (the "DIP Financing Motion"). THE COURT HEREBY CONVERTS THE OCTOBER 3, 2023 HEARINGS AT 2:00 P.M. REGARDING THE CASH COLLATERAL AND DIP FINANCING MOTIONS [DKT. NOS. 4 AND 6, RESPECTIVELY] TO TELEPHONIC HEARINGS. TO PARTICIPATE, ATTENDEES SHALL DIAL (877) 873-8018 AND ENTER ACCESS CODE 1167883. (Telam, Usbc)
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| Filing 66 Supplemental Document: Regarding Debtor's Motion for Authority to Use Cash Collateral and to Pay Adequate Protection Therefor with certificate of service (Re: #4 Motion for Order/Authority) filed by Debtor C.W. Keller & Associates, LLC (Attachments: #1 Exhibit A - Budget Reconciliation #2 Exhibit B - Revised Proposed Cash Collateral Order #3 Exhibit C - Redline Comparison of Revised Proposed Cash Collateral Order Against Order Dated September 12, 2023) (Pelton, Steffani) |
| Filing 65 BNC Certificate of Mailing - PDF Document. (Re: #63 Order on Motion to Appear pro hac vice) Notice Date 09/27/2023. (Admin.) |
| Filing 64 Notice of Appearance and Request for Notice and Service of Papers by John Connelly filed by Petitioning Creditor J.A.J. Tile Co., Inc. (Connelly, John) |
| Filing 63 Endorsed Order dated 9/25/2023 Re: #55 Motion filed by Joseph S.U. Bodoff on behalf of Michael S. Amato to Appear pro hac vice for Creditor American Wood Installers, Inc. GRANTED. ATTORNEY MICHAEL S. AMATO IS HEREBY AUTHORIZED TO APPEAR PRO HAC VICE. (dc) |
| Filing 62 Chapter 11 Monthly Operating Report for Case Number 23-11358 for the Month Ending: 08/31/2023 filed by Joint Debtor C.W. Keller Holding Company, Inc. (Pelton, Steffani) |
| Filing 61 DISREGARD. Chapter 11 Monthly Operating Report for Case Number 23-11358 for the Month Ending: 08/31/2023 filed by Joint Debtor C.W. Keller Holding Company, Inc. (Pelton, Steffani) CORRECTIVE ENTRY: See Report at Doc. No. 62. |
| Filing 60 Chapter 11 Monthly Operating Report for the Month Ending: 08/31/2023 filed by Debtor C.W. Keller & Associates, LLC (Pelton, Steffani) |
| Meeting of Creditors Held and Examination of Debtor on September 19, 2023. (Bradford, Eric) |
| Filing 59 Motion filed by Debtor C.W. Keller & Associates, LLC to Set Bar Date with certificate of service and proposed order. (Attachments: #1 Exhibit A #2 Exhibit B) (Pelton, Steffani) |
| Receipt Number phv-22440-1694789175, Fee Amount $100.00 Re: #57 Notice of Fee Due (Pro Hac Vice). (meh, Usbc) |
| Filing 58 Court Certificate of Mailing. (Re: #57 Notice of Fee Due (Pro Hac Vice)) (dc) |
| Filing 57 Notice of Fee Due (Pro Hac Vice) issued to Michael S. Amato representing American Wood Installers, Inc.. PHV Fee Due 9/25/2023. (Re: #55 Motion to Appear pro hac vice filed by Creditor American Wood Installers, Inc.) (dc) |
| Filing 56 Endorsed Order dated 9/15/2023 Re: #8 Application filed by Debtor C.W. Keller & Associates, LLC to Employ Madoff & Khoury LLP as Counsel. NO OBJECTIONS HAVING BEEN FILED, THE DEBTOR'S APPLICATION TO EMPLOY MADOFF & KHOURY LLP AS COUNSEL UNDER GENERAL RETAINER [DKT. NO. 8] (THE "APPLICATION") IS APPROVED. ALL FEES OF COUNSEL ARE SUBJECT TO FINAL APPROVAL BY THE COURT UPON APPLICATION. (dc) |
| Filing 55 Motion filed by Joseph S.U. Bodoff on behalf of Michael S. Amato to Appear pro hac vice for Creditor American Wood Installers, Inc. with certificate of service. (Attachments: #1 Affidavit #2 Declaration of Electronic Filing #3 Certificate of Service) (Bodoff, Joseph) |
| Filing 54 Certificate of Service of Notice of Hearing (Re: #52 Order, #53 Notice of Intent to Sell) filed by Debtor C.W. Keller & Associates, LLC (Attachments: #1 Exhibit Orders) (Madoff, David) |
| Filing 53 Notice of Intent to Sell. Hybrid hearing scheduled for 10/19/2023 at 02:30 PM Either Zoom or In Person at Boston Courtroom 3, 12th Floor, 5 Post Office Square, Boston, MA. Objections, Bids and Counteroffers due by 10/13/2023 at 11:59 PM re #38 Debtors' Motion for Authority to Sell Substantially All Assets, Including Certain Executory Contracts Free and Clear of Liens, Claims and Interests. (hm) |
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Filing 52
Order dated 9/14/2023 Re: #39 Motion for Entry of Order Approving Bidding Procedure filed by Debtor C.W. Keller & Associates, LLC. GRANTED. See Order for Full Text. (dr)
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| Filing 51 Certificate of Service of Notice of Hearing (Re: #4 Motion for Order/Authority, #6 Motion for Order/Authority, #48 Order, #49 Order) filed by Debtor C.W. Keller & Associates, LLC (Madoff, David) |
| Filing 50 Hybrid Hearing Scheduled for 10/3/2023 at 02:00 PM Either Zoom or In Person at Worcester Courtroom 3 - CJP. Objections due by 10/2/2023 at 12:00 PM on #4 Debtors' Emergency Motion for Authority to Use Cash Collateral and to Pay Adequate Protection Therefor and #6Debtors' Emergency Motion for an Interim and Final Order (I) Authorizing Secured Debtor In Possession Financing. PLEASE READ NOTICE FOR COMPLETE INSTRUCTIONS. (hm) |
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Filing 49
Order dated 9/12/2023 Re: #6 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Order Authorizing Secured Debtor In Possession Financing. [A] FURTHER INTERIM HEARING IS HEREBY SCHEDULED FOR OCTOBER 3, 2023, AT 2:00 P.M. AND SHALL BE IN PERSON AT THE UNITED STATES BANKRUPTCY COURT, COURTROOM 3, DONOHUE FEDERAL BUILDING AND COURTHOUSE, 595 MAIN STREET, WORCESTER, MASSACHUSETTS, WITH AN OPTION TO APPEAR BY ZOOM VIDEO. THE COURT SHALL ENTER A FURTHER NOTICE OF HYBRID HEARING INFORMING PARTICIPANTS ON HOW TO ELECT TO APPEAR BY EITHER ZOOM VIDEO OR IN PERSON. ANY OBJECTION TO THE MOTION, OR TO ENTRY OF AN ORDER SUBSTANTIALLY IN THE FORM HEREOF AS RELIEF FOR THE DEBTORS PURSUANT TO THE MOTION, SHALL BE FILED WITH THIS COURT AND SERVED UPON THE DEBTORS, THE UNITED STATES TRUSTEE, AND THE PREPETITION LENDER, NOT LATER THAN OCTOBER 2, 2023 AT 12:00 P.M. (THE "OBJECTION DEADLINE"). See Order for Full Text. (dr)
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Filing 48
Order dated 9/12/2023 Re: #4 Debtors' Emergency Motion for Authority to Use Cash Collateral and to Pay Adequate Protection Therefor filed by Debtors C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc. THE HEARING TO CONSIDER FURTHER APPROVAL OF USE OF COLLATERAL AND ADEQUATE PROTECTION THEREFOR AS PROPOSED IN THE MOTION IS HEREBY SCHEDULED BEFORE THIS COURT FOR OCTOBER 3, 2023 AT 2:00 P.M. (THE "CONTINUED HEARING"). THE CONTINUED HEARING SHALL BE IN PERSON AT THE UNITED STATES BANKRUPTCY COURT, COURTROOM 3, DONOHUE FEDERAL BUILDING AND COURTHOUSE, 595 MAIN STREET, WORCESTER, MASSACHUSETTS, WITH AN OPTION TO APPEAR BY ZOOM VIDEO. THE COURT SHALL ENTER A FURTHER NOTICE OF HYBRID HEARING INFORMING PARTICIPANTS ON HOW TO ELECT TO APPEAR BY EITHER ZOOM VIDEO OR IN PERSON. ANY OBJECTIONS MUST BE FILED BY OCTOBER 2, 2023 AT 12:00 P.M. See Order for Full Text.(dr)
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| Hearing Held and Continued to 10/03/2023 at 02:00 PM Either Zoom or In Person at Worcester Courtroom 3 - CJP Re #6 Debtors' Emergency Motion for an Interim and Final Order (I) Authorizing Secured Debtor In Possession Financing. (hm) |
| Hearing Held and Continued to 10/03/2023 at 02:00 PM Either Zoom or In Person at Worcester Courtroom 3 - CJP Re #4 Debtors' Emergency Motion for Authority to Use Cash Collateral and to Pay Adequate Protection Therefor. (hm) |
| Filing 47 Objection with certificate of service filed by Creditor Enterprise Bank & Trust Company Re: #6 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Order Authorizing Secured Debtor In Possession Financing. (Attachments: #1 Certificate of Service) (Crochiere, Paul) |
| Filing 46 Proceeding Memorandum and Order dated 9/8/2023 Re: #39 Expedited Motion filed by Debtor C.W. Keller & Associates, LLC to Approve [Re: #38 Motion to Sell]. BID PROCEDURES APPROVED AS MODIFIED ON THE RECORD AT THE HEARING HELD ON 9/7/2023. A SEPARATE ORDER SHALL ENTER. THE DEBTOR SHALL SUBMIT A REVISED FORM OF ORDER AND NOTICES IN WORD FORMAT TO CJP@MAB.USCOURTS.GOV AFTER CIRCULATING THE REVISED FORMS TO THE PARTIES APPEARING AT THE HEARING. IN THE TRANSMISSION EMAIL, THE DEBTOR SHOULD INDICATE WHETHER THERE WERE ANY OBJECTIONS TO THE REVISED FORMS. (Telam, Usbc) |
| Hearing Held 9/7/2023 (Re: #39 Motion to Approve filed by Debtor C.W. Keller & Associates, LLC). (Telam, Usbc) |
| Filing 45 Objection with certificate of service filed by Creditor American Wood Installers, Inc. Re: #39 Expedited Motion filed by Debtor C.W. Keller & Associates, LLC to Approve [Re: #38 Motion to Sell] with certificate of service. (Bodoff, Joseph) |
| Filing 44 Supplemental Document with certificate of service (Re: #4 Motion for Order/Authority) filed by Debtor C.W. Keller & Associates, LLC. (Attachments: #1 Exhibit A - Reconciliation #2 Exhibit B - Further Revised Proposed Cash Collateral Order #3 Exhibit C - Redline Comparison of Revised Proposed Order Against Original) (Pelton, Steffani) |
| Filing 43 Certificate of Service (Re: #42 Exhibit) filed by Debtor C.W. Keller & Associates, LLC (Parker, Nina) |
| Filing 42 Exhibit B - Bidding Procedures (Re: #39 Motion to Approve) filed by Debtor C.W. Keller & Associates, LLC (Attachments: #1 Exhibit C - Notice of Assumption and Cure #2 Exhibit C1 - Contract Cure Obligations #3 Proposed Order) (Madoff, David) |
| Filing 41 Certificate of Service of Notice of Hearing (Re: #39 Motion to Approve) filed by Debtor C.W. Keller & Associates, LLC (Parker, Nina) |
| Filing 40 Hybrid Hearing Scheduled for 9/7/2023 at 10:30 AM Either Zoom or In Person at Boston Courtroom 3, 12th Floor, 5 Post Office Square, Boston, MA. Objections due by 9/6/2023 at 11:59 PM on #39 Debtors' Expedited Motion for Entry of Order Approving #38 Bidding Procedure. PLEASE READ NOTICE FOR COMPLETE INSTRUCTIONS. (hm) |
| Filing 39 Expedited Motion filed by Debtor C.W. Keller & Associates, LLC to Approve [Re: #38 Motion to Sell] with certificate of service. (Attachments: #1 Exhibit Proposed Notice #2 Certificate of Service) (Madoff, David) |
| Filing 38 Motion filed by Debtor C.W. Keller & Associates, LLC for Sale of Property free and clear of liens under Section 363(f) Re: Certain Assets with certificate of service. Fee Amount $188 (Attachments: #1 Exhibit Asset Purchase Agreement #2 Exhibit Leased Assets #3 Certificate of Service) (Madoff, David) |
| Receipt of filing fee for Motion to Sell(# 23-11357) [motion,msell] ( 188.00). Receipt Number A20161403, amount $ 188.00 (re: Doc#38) (U.S. Treasury) |
| Filing 37 BNC Certificate of Mailing - PDF Document. (Re: #29 Order on Motion to Appear pro hac vice) Notice Date 08/31/2023. (Admin.) |
| Filing 36 Notice of Appearance and Request for Notice by James S. LaMontagne with certificate of service filed by Creditor Turner Construction Company (LaMontagne, James) |
| Filing 35 Certificate of Service of Notice of Hearing (Re: #4 Motion for Order/Authority, #6 Motion for Order/Authority, #33 Order on Motion for Order/Authority, #34 Order) filed by Debtor C.W. Keller & Associates, LLC (Madoff, David) |
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Filing 34
Order dated 8/29/2023 Re: #4 Debtors' Emergency Motion for Authority to Use Cash Collateral and to Pay Adequate Protection Therefor filed by Debtors C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc. THE HEARING TO CONSIDER FURTHER APPROVAL OF USE OF COLLATERAL AND ADEQUATE PROTECTION THEREFOR AS PROPOSED IN THE MOTION IS HEREBY SCHEDULED BEFORE THIS COURT FOR SEPTEMBER 11, 2023 AT 12:30 P.M. (THE "CONTINUED HEARING") BY VIDEO USING ZOOM.GOV VIDEO TECHNOLOGY. TO OBTAIN A LINK TO ACCESS THE CONTINUED HEARING BY VIDEO, PARTICIPANTS SHALL CONTACT THE COURTROOM DEPUTY BY EMAILING CJP_COURTROOM_DEPUTY@MAB.USCOURTS.GOV NO LATER THAN SEPTEMBER 8, 2023 AT 4:30 P.M. ANY OBJECTIONS MUST BE FILED BY SEPTEMBER 8, 2023 AT 4:30 P.M. See Order for Full Text. (dr)
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Filing 33
Order dated 8/29/2023 Re: #6 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Order Authorizing Secured Debtor In Possession Financing. THE FINAL HEARING IS HEREBY SCHEDULED BEFORE THIS COURT FOR SEPTEMBER 11, 2023, AT 12:30 P.M. BY VIDEO USING ZOOM.GOV VIDEO TECHNOLOGY. TO OBTAIN A LINK TO ACCESS THE FINAL HEARING BY VIDEO, PARTICIPANTS SHALL CONTACT THE COURTROOM DEPUTY BY EMAILING CJP_COURTROOM_DEPUTY@MAB.USCOURTS.GOV NO LATER THAN SEPTEMBER 8, 2023 AT 4:30 P.M. ANY OBJECTION TO THE MOTION, OR TO ENTRY OF AN ORDER SUBSTANTIALLY IN THE FORM HEREOF AS FINAL RELIEF FOR THE DEBTORS PURSUANT TO THE MOTION, SHALL BE FILED WITH THIS COURT AND SERVED UPON THE DEBTORS, THE UNITED STATES TRUSTEE, AND THE PREPETITION LENDER, NOT LATER THAN SEPTEMBER 8, 2023 AT 4:30 P.M. See Order for Full Text. (dc)
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| Filing 32 Notice of Appearance and Request for Notice and Certificate of Service by Julie Beth Teicher filed by Interested Party 4076 Specialty Place, LLC (Teicher, Julie) |
| Filing 31 Notice of Appearance and Request for Notice and Certificate of Service by Earle I. Erman filed by Interested Party 4076 Specialty Place, LLC (Erman, Earle) |
| Filing 30 Endorsed Order dated 8/29/2023 Re: #23 Motion filed by Jonathan Horne on behalf of Julie Beth Teicher, Esq. to Appear pro hac vice for Interested Party 4076 Specialty Place, LLC. GRANTED. ATTORNEY JULIE BETH TEICHER IS HEREBY AUTHORIZED TO APPEAR PRO HAC VICE. (Telam, Usbc) |
| Filing 29 Endorsed Order dated 8/29/2023 Re: #20 Motion filed by Jonathan Horne on behalf of Earle I. Erman, Esq. to Appear pro hac vice for Interested Party 4076 Specialty Place, LLC. GRANTED. ATTORNEY EARLE I. ERMAN IS HEREBY AUTHORIZED TO APPEAR PRO HAC VICE. (Telam, Usbc) |
| Receipt Number phv-10817-1693239409, Fee Amount $100.00 Re: #24 Notice of Fee Due (Pro Hac Vice). (meh, Usbc) |
| Hearing Held and Continued to 09/11/2023 at 12:30 PM by Zoom Video Re #4 Debtors' Emergency Motion for Authority to Use Cash Collateral and to Pay Adequate Protection Therefor. (hm) |
| Hearing Held and Continued to 09/11/2023 at 12:30 PM by Zoom Video Re #6 Debtors' Emergency Motion for an Interim and Final Order (I) Authorizing Secured Debtor In Possession Financing. (hm) |
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Filing 28
Order dated 8/28/2023 Re: #5 Debtors' Motion for Order Authorizing the Debtor to Pay Prepetition Wages and Reimburseable Expenses to, and Benefits on Account of, Employees filed by Debtors C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc. GRANTED. See Order for Full Text. (dr)
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| Filing 27 Proceeding Memorandum and Order dated 8/28/2023 Re: #6 Debtors' Motion for an Interim and Final Order (I) Authorizing Secured Debtor in Possession Financing Pursuant to 11 U.S.C. 364(D) and Related Relief filed by Debtors C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc. PRELIMINARY EMERGENCY HEARING HELD ON AUGUST 28, 2023 ON THE DEBTORS' MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING SECURED DEBTOR IN POSSESSION FINANCING PURSUANT TO 11 U.S.C. 364(D) AND RELATED RELIEF [DKT. NO. 6] (THE "MOTION"). THE MOTION IS GRANTED ON AN INTERIM BASIS AS DISCUSSED ON THE RECORD AND AS WILL BE SET FORTH IN A SEPARATE ORDER TO ENTER. A FINAL HEARING ON THE MOTION IS SCHEDULED FOR SEPTEMBER 11, 2023 AT 12:30 P.M. BY ZOOM VIDEO. (dr) |
| Filing 26 Proceeding Memorandum and Order dated 8/28/2023 Re: #5 Debtors' Motion for Order Authorizing the Debtor to Pay Prepetition Wages and Reimburseable Expenses to, and Benefits on Account of, Employees filed by Debtors C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc. EMERGENCY HEARING HELD ON AUGUST 28, 2023 ON THE DEBTORS' MOTION FOR ORDER AUTHORIZING THE DEBTOR TO PAY PREPETITION WAGES AND REIMBURSEABLE EXPENSES TO, AND BENEFITS ON ACCOUNT OF, EMPLOYEES [DKT. NO. 5] (THE "MOTION"). THE MOTION IS GRANTED AS WILL BE SET FORTH IN A SEPARATE ORDER TO ENTER. (dr) |
| Filing 25 Proceeding Memorandum and Order dated 8/28/2023 Re: #4 Debtors' Emergency Motion for Authority to Use Cash Collateral and to Pay AdequateProtection Therefor filed by Debtors C.W. Keller & Associates, LLC and C.W. Keller Holding Company, Inc. PRELIMINARY EMERGENCY HEARING HELD ON AUGUST 28, 2023 ON THE DEBTORS' EMERGENCY MOTION FOR AUTHORITY TO USE CASH COLLATERAL AND TO PAY ADEQUATE PROTECTION THEREFOR [DKT. NO. 4] (THE "CASH COLLATERAL MOTION"). AUTHORIZATION TO USE CASH COLLATERAL IS GRANTED ON AN INTERIM BASIS AS DISCUSSED ON THE RECORD AND AS WILL BE SET FORTH IN A SEPARATE ORDER TO ENTER.A HEARING ON THE CONTINUED USE OF CASH COLLATERAL IS SCHEDULED FOR SEPTEMBER11, 2023 AT 12:30 P.M. BY ZOOM VIDEO. (dr) |
| Filing 24 Notice of Fee Due (Pro Hac Vice) issued to Julie Beth Teicher, Esq. representing 4076 Specialty Place, LLC. PHV Fee Due 9/7/2023. (Re: #23 Motion to Appear pro hac vice filed by Interested Party 4076 Specialty Place, LLC). (Telam, Usbc) |
| Filing 23 Motion filed by Jonathan Horne on behalf of Julie Beth Teicher, Esq. to Appear pro hac vice for Interested Party 4076 Specialty Place, LLC with certificate of service. (Attachments: #1 Certification of Julie Beth Teicher, Esq. #2 Certificate of Service) (Horne, Jonathan) |
| Receipt Number phv-18610-1692998139, Fee Amount $100.00 Re: #21 Notice of Fee Due (Pro Hac Vice). (meh, Usbc) |
| Filing 22 BNC Certificate of Mailing - Meeting of Creditors. (Re: #18 Court's Notice of 341 sent - 11 Corporation) Notice Date 08/27/2023. (Admin.) |
| Filing 21 Notice of Fee Due (Pro Hac Vice) issued to Earle I. Erman, Esq. representing 4076 Specialty Place, LLC. PHV Fee Due 9/5/2023. (Re: #20 Motion to Appear pro hac vice filed by Interested Party 4076 Specialty Place, LLC). (Telam, Usbc) |
| Filing 20 Motion filed by Jonathan Horne on behalf of Earle I. Erman, Esq. to Appear pro hac vice for Interested Party 4076 Specialty Place, LLC with certificate of service. (Attachments: #1 Certification of Earle I. Erman, Esq #2 Certificate of Service) (Horne, Jonathan) |
| Filing 19 Notice of Appearance and Request for Notice by Jonathan Horne with certificate of service filed by Interested Party 4076 Specialty Place, LLC (Horne, Jonathan) |
| Filing 18 Court's Notice of 341 sent. (meh, Usbc) |
| Filing 17 Certificate of Service (Re: #12 Order on Motion for Order/Authority, Order on Motion for Order/Authority, Order on Motion for Order/Authority, #14 Hearing Scheduled) filed by Debtor C.W. Keller & Associates, LLC (Pelton, Steffani) |
| Filing 16 Notice of Appearance and Request for Notice by Joseph H. Baldiga with certificate of service filed by Creditor Spinnaker Realty Trust (Baldiga, Joseph) |
| Filing 15 Notice of Appearance and Request for Notice for William K. Harrington, United States Trustee, Region 1 by Eric K. Bradford with certificate of service filed by Assistant U.S. Trustee Richard King - B (Bradford, Eric) |
| Filing 14 NOTICE OF HYBRID HEARING. Hybrid Hearings Scheduled for 8/28/2023 at 11:00 AM at Boston Courtroom 3, 12th Floor, 5 Post Office Square, Boston, MA 02109 on #4 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Authority to Use Cash Collateral and to Pay Adequate Protection Therefor, #5 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Authority to Pay Prepetition Wages and Reimbursable Expenses To, and Benefits on Account of, Employees, #6 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Order Authorizing Secured Debtor In Possession Financing. SEE NOTICE FOR FULL TEXT. (meh, Usbc) |
| Filing 13 Notice of Appearance and Request for Notice by Donald Ethan Jeffery filed by Interested Party CWK Associates, LLC (Jeffery, Donald) |
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Filing 12
Scheduling Order dated 8/25/2023 Re: #4 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Authority to Use Cash Collateral and to Pay Adequate Protection Therefor, #5 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Authority to Pay Prepetition Wages and Reimbursable Expenses To, and Benefits on Account of, Employees, #6Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Order Authorizing Secured Debtor In Possession Financing. A PRELIMINARY HEARING REGARDING THE CASH COLLATERAL AND DIP FINANCING MOTIONS AND A HEARING ON THE WAGE MOTION IS SCHEDULED FOR AUGUST 28, 2023 AT 11:00 A.M. (EST) (THE HEARINGS) IN PERSON IN COURTROOM 3, 12TH FLOOR, JOHN W. MCCORMACK POST OFFICE AND COURT HOUSE, 5 POST OFFICE SQUARE, BOSTON, MASSACHUSETTS 02109, WITH AN OPTION TO APPEAR BY ZOOM VIDEO. THE COURT SHALL ENTER A FURTHER NOTICE INFORMING PARTICIPANTS ON HOW TO ELECT TO APPEAR BY EITHER ZOOM VIDEO OR IN PERSON FOR THE HEARINGS. See Order for Full Text. (Telam, Usbc)
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Filing 11
Order dated 8/25/2023 Re: #3 Motion filed by Debtor C.W. Keller & Associates, LLC for Joint Administration with Case # 23-11358. GRANTED EFFECTIVE AS OF THE FILING OF THE MOTION, SUBJECT TO RECONSIDERATIONPURSUANT TO MLBR 1015-1(C) AND (D). THE CHAPTER 11 CASE OF C.W. KELLER & ASSOCIATES, LLC (CASE NO. 23-11357) IS DESIGNATED AS THE LEAD CASE AND THE DOCKET IN CASE NO. 23-11357 SHOULD BE CONSULTED FOR ALL MATTERS AFFECTING THE JOINTLY ADMINISTERED CHAPTER 11 CASES OF C.W. KELLER & ASSOCIATES, LLC AND C.W. KELLER HOLDING COMPANY, INC. (CASE NO. 23-11358). (Telam, Usbc)
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| Meeting of Creditors scheduled on 341(a) meeting to be held on 9/19/2023 at 01:30 PM as Telephonic Meeting. (meh, Usbc) |
| 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. (202) 306-3815 (Bradford, Eric) |
| Filing 10 Notice of Appearance and Request for Notice by Paul G. Crochiere with certificate of service filed by Creditor Enterprise Bank & Trust Company (Crochiere, Paul) |
| Filing 9 Certificate of Service (Re: #3 Motion for Joint Administration, #4 Motion for Order/Authority, #5 Motion for Order/Authority, #6 Motion for Order/Authority, #7 Affidavit/Declaration, #8 Application to Employ) filed by Debtor C.W. Keller & Associates, LLC (Pelton, Steffani) |
| Filing 8 Application filed by Debtor C.W. Keller & Associates, LLC to Employ Madoff & Khoury LLP as Counsel filed with Affidavit. (Attachments: #1 Affidavit #2 Declaration of Electronic Filing) (Madoff, David) |
| Filing 7 Affidavit of Shawn Keller in Support of First Day Motions (Re: #3 Motion for Joint Administration, #4 Motion for Order/Authority, #5 Motion for Order/Authority, #6 Motion for Order/Authority) filed by Debtor C.W. Keller & Associates, LLC (Madoff, David) |
| Filing 6 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Order Authorizing Secured Debtor In Possession Financing. (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C - Proposed Order) (Parker, Nina) |
| Filing 5 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Authority to Pay Prepetition Wages and Reimbursable Expenses To, and Benefits on Account of, Employees. (Attachments: #1 Proposed Order) (Pelton, Steffani) |
| Filing 4 Emergency Motion filed by Debtor C.W. Keller & Associates, LLC For Authority to Use Cash Collateral and to Pay Adequate Protection Therefor. (Attachments: #1 Exhibit A - Budget #2 Proposed Order) (Madoff, David) |
| Filing 3 Motion filed by Debtor C.W. Keller & Associates, LLC for Joint Administration with Case # 23-11358. (Pelton, Steffani) |
| Filing 2 Disclosure of Compensation of Attorney David B. Madoff in the amount of $. Plus $0 paid to debtor`s counsel for court filing fees filed by Debtor C.W. Keller & Associates, LLC (Madoff, David) |
| Filing 1 Chapter 11 Voluntary Petition Non-Individual. All Schedules and Statements and Matrix.. Filing Fee in the Amount of $1738 Filed by C.W. Keller & Associates, LLC. (Madoff, David) |
| Receipt of filing fee for Voluntary Petition (Chapter 11)(# 23-11357) [misc,volp11] (1738.00). Receipt Number A20152321, amount $1738.00 (re: Doc#1) (U.S. Treasury) |
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