Yacht Club Vacation Owners Association, Inc.
| Yacht Club Vacation Owners Association, Inc. |
| U.S. Trustee |
| Norman Rouse |
| 4:2020bk41555 |
| August 28, 2020 |
| U.S. Bankruptcy Court for the Western District of Missouri |
| Brian T Fenimore |
| Other |
Docket Report
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| Filing 17 Notice Setting Subchapter V Status Conference Subchapter V Status Conference to be held on 10/27/2020 at 09:00 AM at Telephone Conference. Pre-Status Conference Report due by 10/13/2020. Note: To call in for this telephone conference, please dial: 1-888-251-2909. When prompted enter Access Code: 2332127. Parties should email Dawn_Meador@mow.uscourts.gov within 2 days of the hearing with their intent to participate. (Meador, Dawn) |
| This Bankruptcy Case was Administratively Closed after being transferred to another DIVISION within our District. (Parle, Cecelia) |
Filing 16
Order of the CourtThe Court has reviewed the Debtors Motion to change venue from the Southwestern Division to the Southern Division. The basis of the Motion is that Debtors principal place of business is in Stone County, Missouri, and is more convenient to the Courthouse in Springfield, Missouri. The Motion cannot be granted as filed, because the Debtors venue is actually lodged in the Western Division, not the Southwestern Division, based on Debtors failure to include Stone County on the petition and instead listing Branson, MO as the location of the principal assets. Construing the Motion as a motion to transfer venue from the Western Division to the Southern Division, the Court will nonetheless deny the Motion. The Motion fails to address the convenience of the parties in interest or the interest of justice as required by L.R. 1073-1. A review of the 20 Largest List reveals that the three largest unsecured creditors are in Stone County, as is at least one other unsecured creditor, while only one creditor is in Springfield. Although the court surmises that Debtors counsel believes Springfield may be more convenient for him, convenience of counsel alone is not a factor and counsel in any event is not located in Springfield. Since hearings are being held telephonically or virtually during the pandemic, the physical proximity of the Springfield courthouse to the location of the Debtor is not a factor that outweighs any inconvenience to the creditors located in Stone County. The judge in the Southwestern Division may also choose to hear cases physically at the Springfield courthouse if he chooses, without changing the divisional venue. For these reasons, the Motion to change venue is therefore DENIED. The Court on its own motion orders that venue be transferred to the Southwestern Division. This case is transferred to the Honorable Brian T. Fenimore for further administration. It is so ORDERED by /s/ Cynthia A. Norton. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law.File the Certificate of Service and relate it to the epo category.This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Related document(s)#6 Motion to Transfer Case Out of District) (Graham, Beth)
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| Filing 15 Pursuant to 11 U.S.C. 1183(a), the United States Trustee has appointed the following qualified individual: Norman Rouse, 5957 EAST 20TH STREET JOPLIN, MISSOURI 64801, 417.782.2222, nrouse@cwrcave.com as Subchapter V Trustee in this case. The Verified Statement of Subchapter V Trustee is attached. Filed by U.S. Trustee. (Attachments: #1 Verified Statement)(Miller, Adam) |
| Filing 14 Motion for Order regarding Governing Notice Pursuant to Fed. R. Bankr. P. 2002(l) Filed by Yacht Club Vacation Owners Association, Inc.. (Doyle, Daniel) |
| Filing 13 Motion for Order regarding Authorizing Debtor in Possession Financing Pursuant to 11 U.S.C. 364(b) Filed by Yacht Club Vacation Owners Association, Inc.. (Doyle, Daniel) |
| Filing 12 Motion for Order regarding Allowing Debtor to Maintain its Current Bank Accounts and Use Existing Check Stock Filed by Yacht Club Vacation Owners Association, Inc.. (Doyle, Daniel) |
| Filing 11 Notice of Motion for Order Authorizing Employment of Daniel D. Doyle and Lashly & Baer, PC as Counsel for Debtor filed by Yacht Club Vacation Owners Association, Inc.. Response due by 09/21/2020. (Related document(s)#7 Application to Employ Professional by Debtor)(Doyle, Daniel) |
| Filing 10 Federal Tax Returns for the Year for 2018 filed by the Debtor(s). (Doyle, Daniel (aty)) |
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Filing 9
Order on Preliminary Matters in Subchapter V Cases Subchapter V Scheduling Order due by 9/21/2020. (Graham, Beth)
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| Trustee Norman Rouse added to case pursuant to the United States Trustee's Appointment of Subchapter V Trustee (Document #15). (Smith, Mindy) |
| Filing 8 Amended Petition to show correct status under Subchapter V of Chapter 11 filed by Yacht Club Vacation Owners Association, Inc. (Doyle, Daniel (aty)) |
| Filing 7 Application by Debtor to Employ Professional Lashly & Baer, PC as Attorney/Firm. Filed by Yacht Club Vacation Owners Association, Inc.. (Attachments: #1 Exhibit Declaration of Daniel D. Doyle in Support of Debtors Application to Employ Lashly & Baer PC as Counsel for Debtor in Possession) Application to Employ Response due by 09/18/2020. (Doyle, Daniel) |
| Filing 6 Motion to Change Divisional Venue to the Southern Division Filed by Yacht Club Vacation Owners Association, Inc. (Doyle, Daniel) Modified on 8/28/2020 (Parle, Cecelia). |
| Filing 5 Verification by Debtor to Creditor Matrix filed by Yacht Club Vacation Owners Association, Inc. (Attachments: #1 List of Creditors) (Doyle, Daniel (aty)) |
| Filing 4 Entry of Appearance by Adam E. Miller on behalf of The Office Of The United States Trustee (Miller, Adam (aty)) |
| Filing 3 Disclosure of Compensation of Attorney for Debtor filed by Yacht Club Vacation Owners Association, Inc. (Doyle, Daniel (aty)) |
| Filing 2 Receipt for Voluntary Petition (Chapter 11)(# 20-41555-11) [other,volp11] (1717.00), with receipt number A16761698, in the amount of 1717.00 dollars. (re: Doc #1) (U.S. Treasury) |
| Filing 1 Chapter 11 Subchapter V Voluntary Petition for Non-Individual. (Filing fee to be paid in the amount of $1717 today.) Chapter 11 Subchapter V Plan due by 11/27/2020. (Attachments: #1 Schedule(s) Form 206 - Summary of Assets and Liabilities for Non-Individuals #2 Schedule(s) Form 206 A/B - Schedule of Assets -Real and Personal Property #3 Schedule(s) Form 206D - Creditors Who Have Claims Secured by Property #4 Schedule(s) Form 206 E/F - Creditors Who Have Unsecured Claims #5 Schedule(s) Form 206 G - Executory Contracts and Unexpired Leases #6 Schedule(s) Form 206H - Codebtors #7 Schedule(s) Form 207 - Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy #8 Schedule(s) Form 204 - List of Creditors Who Have 20 Largest Unsecured Claims) (Doyle, Daniel) |
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