Nephrite Fund 1 LLC
Debtor: Nephrite Fund 1 LLC
U.S. Trustee: U.S. Trustee
Case Number: 4:2024bk40655
Filed: May 14, 2024
Court: U.S. Bankruptcy Court for the Western District of Missouri
Presiding Judge: Cynthia A Norton
Nature of Suit: Other
Docket Report

This docket was last retrieved on July 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2024 Filing 75 Hearing Called and Continued re: AMENDED Motion for Relief from Stay regarding Promissory Note Filed by KC 9805 LLC. Upon consent of the parties or as ordered by the court for good cause and compelling circumstances, the time period set forth in 11 U.S.C. Section 362(e) is extended.Appearances by Robert Eggmann, Sherri Wattenbarger, Gary Willnauer, Gregory Leyh and Robert Baran. ERO - JA Parties wishing to participate in the phone conference need to use the conference line. The toll free number for Judge Norton is 888-204-5984. When prompted enter access code 9973398. Beth Graham can be emailed at beth_graham@mow.uscourts.gov to confirm your intent to participate Status hearing to be held on 8/14/2024 at 11:30 AM at Telephone Conference. (related document(s)#57, #58, #43) (Graham, Beth)
June 27, 2024 Filing 74 Withdrawal of Application to Employ Julie Anderson and the Law Firm of Anderson & Associates Ltd as Special Counsel filed by Nephrite Fund 1 LLC (related document(s)#46 Application to Employ Special Counsel filed by Nephrite Fund 1 LLC) (Eggmann, Robert (aty))
June 27, 2024 Document number(s) 46 - Application to Employ Julie Anderson and the law firm of Anderson & Associates as Special Counsel terminated and/or withdrawn. Any related deadlines and/or hearings that may have been scheduled are hereby canceled. (Graham, Beth)
June 25, 2024 Filing 73 Entry of Appearance of Andrea M. Knernschield on behalf of Creditor Elena Puga and the Puga class (Knernschield, Andrea (aty))
June 25, 2024 Filing 72 Hearing Notice re: Application to Employ Julie Anderson and the law firm of Anderson & Associates as Special Counsel. Hearing scheduled for 7/10/2024 at 10:30 AM at Telephone Conference. Parties wishing to participate in the above hearing shall call 1-888-204-5984 and use Access Code 9973398#. Parties should notify the courtroom deputy of their intent to participate in the phone conference by sending an e-mail to: beth_graham@mow.uscourts.gov . (related document(s)#71, #46) (Graham, Beth)
June 25, 2024 Filing 71 Objection to to the Application to Employ Julie Anderson and the Law Firm of Anderson & Associates Ltd as Special Counsel for Debtor Nephrite Fund I, LLC filed by ELENA PUGA. (related document(s)#46 Application to Employ Special Counsel) (Leyh, Gregory)
June 24, 2024 Filing 70 Certificate of Service on June 24, 2024 regarding Gregory Leyh, Office of the United States Trustee, Honorable Bonnie L. Clair filed by Nephrite Fund 1 LLC (related document(s)#67 Miscellaneous Order) (Eggmann, Robert (aty))
June 24, 2024 Filing 69 Certificate of Service on June 24, 2024 regarding Final Order Authorizing Debtor to Perform Obligations Necessary to Maintain Existing Insurance; Final Order Pursuant to Sections 105(a) and 366 of the Bankruptcy Code Prohibiting Utility Companies from Altering, Refusing or Discontinuing Utility Services; and Final Order Authorizing Interim Use of Cash Collateral and Granting Adequate Protection filed by Nephrite Fund 1 LLC (related document(s)#59 Miscellaneous Order, #60 Miscellaneous Order, #61 Miscellaneous Order) (Riske, Thomas (aty))
June 21, 2024 Filing 68 Notice Resetting Status Hearing DateThe Status Hearing to discuss the results of mediation is rescheduled for hearing as given below.This Notice of Electronic Filing is the official Notice for this entry. No document is attached. Status hearing to be held on 8/14/2024 at 11:30 AM at Telephone Conference. Parties wishing to participate in the above hearing shall call 1-888-204-5984 and use Access Code 9973398#. Parties should notify the courtroom deputy of their intent to participate in the phone conference by sending an e-mail no more than 2 days prior to the hearing to: beth_graham@mow.uscourts.gov . (related document(s)#55) (Graham, Beth)
June 21, 2024 Filing 67 **AMENDED (TO INCLUDE IMAGE OF ORDER)** Order of the CourtOrder Directing Mediation Pursuant to 11 U.S.C. Section 105 and Federal Rule of Bankruptcy Procedure 7016 and with the agreement of the parties, Chief Bankruptcy Judge Bonnie L. Clair of the United States Bankruptcy Court for the Eastern District of Missouri is appointed as mediator in this bankruptcy proceeding. Signed on 6/21/2024. (Related document(s)#55) (Graham, Beth).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 order category. (Graham, Beth)
June 21, 2024 Opinion or Order Filing 66 Order of the CourtOrder Directing Mediation Pursuant to 11 U.S.C. Section 105 and Federal Rule of Bankruptcy Procedure 7016 and with the agreement of the parties, Chief Bankruptcy Judge Bonnie L. Clair of the United States Bankruptcy Court for the Eastern District of Missouri is appointed as mediator in this bankruptcy proceeding. It is so ORDERED by /s/ Cynthia A. Norton. (Related document(s)#55) (Graham, Beth)
June 21, 2024 Filing 65 Entry of Appearance of Randall J. Willnauer on behalf of KC 9805 LLC (Willnauer, Randall (aty))
June 20, 2024 Filing 64 Court's Certificate of Service to Jermaine Sails by e-mail on 6/20/2024. (related document(s) 63 Generic Order) (Graham, Beth)
June 20, 2024 Opinion or Order Filing 63 Order of the CourtThe Court has reviewed the correspondence received from Jermaine Sails. Mr. Sails is requesting information about the Debtor to determine if his apartment is at risk and is inquiring about attending hearings. Mr. Sails is referring to the Notice of 341 meeting in this case, to be conducted by the Office of the United States Trustee, which allows all creditors and parties in interest to attend and ask questions. The Chapter 11 Meeting was Held and Continued to 7/18/2024 at 02:00 PM at BY PHONE w/ UST 1-877-931-2506, Code: 3232936. Mr. Sails is also permitted - but not required - to attend any hearing that the Court holds, since such hearings are open to the public. The Court's next hearing is: Status hearing to be held on 7/10/2024 at 10:30 AM at Telephone Conference. Parties wishing to participate in the above status hearing shall call 1-888-204-5984 and use Access Code 9973398#. Parties should notify the courtroom deputy of their intent to participate in the phone conference by sending an e-mail to: beth_graham@mow.uscourts.gov. It is so ORDERED by /s/ Cynthia A. Norton. The court will 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.This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Related document(s)#62 Letter) (Graham, Beth)
June 20, 2024 Opinion or Order Filing 61 Order of the CourtFinal Order Authorizing Interim Use of Cash Collateral and Granting Adequate Protection. Signed on 6/20/2024.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 order category. (Attachments: #1 Exhibit A - Budget) (Related document(s)#22) (Graham, Beth)
June 20, 2024 Opinion or Order Filing 60 Order of the CourtFinal Order Pursuant to Sections 105(a) and 366 of the Bankruptcy Code Prohibiting Utility Companies from Altering, Refusing or Discontinuing Utility Services. Signed on 6/20/2024.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 order category. (Related document(s)#18) (Graham, Beth)
June 20, 2024 Opinion or Order Filing 59 Order of the CourtFinal Order Authorizing Debtor to Perform Obligations Necessary to Maintain Existing Insurance. Signed on 6/20/2024.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 order category. (Related document(s)#19) (Graham, Beth)
June 20, 2024 Chapter 11 Meeting Held and Continued; Filed by U.S. Trustee.Meeting to be held on 7/18/2024 at 02:00 PM at BY PHONE w/ UST 1-877-931-2506 Code: 3232936. (related document(s)#12)(Wattenbarger, Sherri)
June 19, 2024 Filing 62 Correspondence to the court and request for information filed by Jermaine Sails. Received by e-mail (Graham, Beth)
June 18, 2024 Filing 58 Objection to KC 9805 LLC's Amended Motion for Relief from Stay filed by ELENA PUGA. (related document(s)#43 Motion for Relief from Stay AMENDED) (Leyh, Gregory)
June 18, 2024 Filing 57 Response to /Debtor's Response in Opposition to Motion for Relief from Automatic Stay filed by KC 9805 LLC filed by Nephrite Fund 1 LLC. (related document(s)#43 Motion for Relief from Stay AMENDED) (Eggmann, Robert)
June 18, 2024 Document number(s) 20 - Motion for Order regarding Authorizing Debtor to Maintain Cash Management System terminated and/or withdrawn. Any related deadlines and/or hearings that may have been scheduled are hereby canceled. (Graham, Beth)
June 17, 2024 Opinion or Order Filing 56 Order of the Court A Hearing is hereby set to discuss the results of mediation as set out below. Parties are to provide the Court the name of the proposed mediator within 7 days. A separate order appointing said mediator will issue. It is so ORDERED by /s/ Cynthia A. Norton. Status hearing to be held on 7/10/2024 at 10:30 AM at Telephone Conference. Name of Mediator to be provided to Courtroom Deputy by: 6/24/2024. Parties wishing to participate in the above status hearing shall call 1-888-204-5984 and use Access Code 9973398#. Parties should notify the courtroom deputy of their intent to participate in the phone conference by sending an e-mail to: beth_graham@mow.uscourts.gov . 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)#55 Miscellaneous Order) (Graham, Beth)
June 17, 2024 Opinion or Order Filing 55 Order of the CourtAgreed Order Granting Elena Puga, Nicole Edwards and the Puga Class's Motion for Relief from the Automatic Stay. Signed on 6/17/2024. The Hearing Scheduled for 6/18/2024 is CANCELED.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 order category. (Related document(s)#13) (Graham, Beth)
June 17, 2024 Filing 54 Withdrawal of Debtor's Motion for Entry of an Order Authorizing Debtor to Maintain Cash Management System filed by Nephrite Fund 1 LLC (related document(s)#20 Motion for Order filed by Nephrite Fund 1 LLC) (Riske, Thomas (aty))
June 14, 2024 Filing 53 Certificate of Service on June 14, 2024 regarding Order Granting Application to Employ Robert E. Eggmann and Carmody MacDonald P.C. as Attorney for Debtor filed by Nephrite Fund 1 LLC (related document(s) 52 Order to Employ) (Eggmann, Robert (aty))
June 12, 2024 Opinion or Order Filing 52 Order of the Court The Application to Employ Robert E. Eggmann and Carmody MacDonald P.C. as Attorney for Debtor is hereby GRANTED. 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)#17 Application to Employ) (Harden, Debra)
June 12, 2024 Filing 51 Exhibits for June 18, 2024 Evidentiary Hearing (Exhibit Index and Exhibits) filed by ELENA PUGA (related document(s) 45 Hearing Called - Notice of Scheduled Evidentiary Hearing (hrg)) (Attachments: #1 Exhibit 1 Mediation Letter dated October 13, 2023 #2 Exhibit 2 Final Demand #3 Exhibit 3 Email from Leland Shurin dated October 28, 2023 #4 Exhibit 4 Settlement Agreement dated October 26, 2023 with Exhibits A-D #5 Exhibit 5 Transcript of Proceedings Dated February 6, 2024 #6 Exhibit 6 Order Granting Plaintiffs' Rule 74.04(b) Motion to Certify Order #7 Exhibit 7 WDMO Case No. WD87149 Order Expediting Appeal #8 Exhibit 8 WDMO Case No. WD87149 Order Suspending Briefing Schedule #9 Exhibit 9 Transcript of Proceedings Dated December 15, 2023 #10 Exhibit 10 Transcript of Pretrial Proceedings Dated October 27, 2023 #11 Exhibit 11 Email from Byron Bowles to Gregory Leyh Dated November 3, 2023) (Leyh, Gregory (aty))
June 12, 2024 Filing 50 Witness List by ELENA PUGA (related document(s)#13 Motion for Relief from Stay filed by ELENA PUGA, 45 Hearing Called - Notice of Scheduled Evidentiary Hearing (hrg)) (Leyh, Gregory (aty))
June 12, 2024 Filing 49 Entry of Appearance of Gregory Leyh on behalf of Creditor Elena Puga (Leyh, Gregory (aty))
June 7, 2024 Filing 48 PDF with attached Audio File. Court Date & Time [06/05/2024 11:47:30 AM]. File Size [ 7847 KB ]. Run Time [ 00:16:44 ]. (admin).
June 6, 2024 Filing 47 Notice of Motion filed by Nephrite Fund 1 LLC. Response due by 06/27/2024. (Attachments: #1 Matrix) (Related document(s)#46 Application to Employ Special Counsel)(Eggmann, Robert)
June 6, 2024 Filing 46 WITHDRAWN PER DOCUMENT #74-Application to Employ Julie Anderson and the law firm of Anderson & Associates as Special Counsel. Filed by Nephrite Fund 1 LLC. Application to Employ Response due by 06/27/2024. (Eggmann, Robert) Modified on 6/28/2024 (McWilliams, Patrick).
June 5, 2024 Filing 45 Notice of Scheduled Evidentiary HearingThe Motion for Relief from Stay regarding Already Scheduled Expedited Appeal in State Court, Filed by ELENA PUGA was set for hearing on June 5, 2024, and an evidentiary hearing is needed. The date and time of the hearing is given below. If the parties decide they want to mediate instead of holding an evidentiary hearing, they are to notify the courtroom deputy and let her know who the mediator is so an order can be entered. The UST is excused from further appearances on this matter. Appearances by Thomas Riske, Sherri Wattenbarger and Robert Baran. (ERO - JA)Subject to this Court's Local Rules of Practice, General Orders and Administrative Procedures, a Witness List and Exhibit Index shall be filed and served not later than three business days before the hearing. In addition to the exhibit index to be filed, complete exhibits shall be redacted, marked and filed in accordance with L.R. 7016-1 as attachments to the exhibit index. Failure to comply may result in exclusion of evidence at hearings.The Notice of Electronic Filing is the Official Notice for this Entry. No document is attached.The Attorney for the Moving Party is Directed to Serve a Copy of this Notice on Parties Not Receiving Electronic Notification. Evidentiary hearing scheduled for 6/18/2024 at 09:00 AM at US Courthouse, Courtroom 6A, 400 E. 9th St., Kansas City, MO. Exhibits, Exhibit Index & Witness List are due by 6/12/2024. (related document(s)#13, #38) (Graham, Beth)
June 4, 2024 Filing 44 Notice and Order Setting HearingThe AMENDED Motion for Relief from Stay regarding Promissory Note, Filed by KC 9805 LLC is scheduled for hearing as given below. Objections and responses must be filed on or before the due date. If no objections are timely filed, the Court may enter an Order without further notice. If an Objection is filed, the hearing will be held as follows. Failure to provide the certificate of service for this Notice and Order Setting Hearing within 3 days after entry may result in denial of the motion. The automatic stay remains in effect until modified or vacated by the Court. It is so ORDERED by /s/ Cynthia A. Norton. Hearing scheduled for 7/10/2024 at 10:30 AM at Telephone Conference. Response due by 6/18/2024. Parties wishing to participate in the above hearing shall call 1-888-204-5984 and use Access Code 9973398#. Parties should notify the courtroom deputy of their intent to participate in the phone conference by sending an e-mail to: beth_graham@mow.uscourts.gov . 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 ntcords category.This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Related document(s)#43 Motion for Relief from Stay AMENDED)(Graham, Beth)
June 4, 2024 Filing 43 AMENDED Motion for Relief from Stay regarding Promissory Note. (No Fee is Due for this event. The fee was paid with original motion.) Filed by KC 9805 LLC. (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C) (Willnauer, Gary)
June 4, 2024 Filing 42 Receipt for Motion for Relief from Stay(# 24-40655-can11) [motion,mrstay] ( 199.00), with receipt number A18498396, in the amount of 199.00 dollars. (re: Doc #41) (U.S. Treasury)
June 4, 2024 Filing 41 Motion for Relief from Stay regarding Relief from Automatic Stay, (filing fee to be paid in the amount of 199 dollars) Filed by KC 9805 LLC. (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C) (Willnauer, Gary)
June 4, 2024 Filing 40 Hearing CanceledThe hearing scheduled for the Debtor's Motion for Order regarding Authorizing Debtor to Maintain Cash Management System is hereby CANCELED. The Motion is to be WITHDRAWN or A proposed agreed order is due from Robert Eggmann within 14 days. Proposed Agreed Order or WITHDRAWAL due by 6/18/2024. (related document(s)#20) (Graham, Beth)
June 4, 2024 Filing 39 Hearing CanceledThe Final hearing scheduled for the Emergency Motion for Order regarding (I) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Utility Services; (II) Deeming Utility Companies Adequately Assured of Future Performance; the Motion for Authority to Perform Obligations Necessary to Maintain Existing Insurance; AND the Motion to Use Cash Collateral is hereby CANCELED as no objections were filed. Final proposed orders are due from Robert Eggmann within 14 days. Proposed Order due by 6/18/2024. (related document(s)#18, #22, #19) (Graham, Beth)
May 31, 2024 Filing 38 Response to in Opposition to Motions for Relief from Automatic Stay filed by Elena Puga, Nichole Edwards, and the Puga Class filed by Nephrite Fund 1 LLC. (related document(s)#13 Motion for Relief from Stay) (Eggmann, Robert)
May 24, 2024 Filing 37 Certificate of Service on May 24, 2024 regarding a) First Interim Order Authorizing Interim Use of Cash Collateral and Granting Adequate Protection [Doc. #34]; b) Interim Order Pursuant to Sections 105(a) and 366 of the Bankruptcy Code Prohibiting Utility Companies from Altering, Refusing or Discontinuing Utility Services [Doc. #35]; and c) Interim Order Authorizing Debtor to Perform Obligations Necessary to Maintain Existing Insurance [Doc. #36]. filed by Nephrite Fund 1 LLC (related document(s)#34 Order Setting Hearing, #35 Order Setting Hearing, #36 Order Setting Hearing) (Eggmann, Robert (aty))
May 22, 2024 Filing 36 Interim OrderInterim Order Authorizing Debtor to Perform Obligations Necessary to Maintain Existing Insurance. Signed on 5/22/2024 Hearing scheduled for 6/5/2024 at 11:30 AM at Telephone Conference. Objections are due by 6/3/2024. Parties wishing to participate in the above hearing shall call 1-888-204-5984 and use Access Code 9973398#. Parties should notify the courtroom deputy of their intent to participate in the phone conference by sending an e-mail to: beth_graham@mow.uscourts.gov . (Related document(s)#19) (Graham, Beth)
May 22, 2024 Filing 35 Interim OrderFirst Interim Order Pursuant to Sections 105(a) and 366 of the Bankruptcy Code Prohibiting Utility Companies from Altering, Refusing or Discontinuing Utility Services. Signed on 5/22/2024 Hearing scheduled for 6/5/2024 at 11:30 AM at Telephone Conference. Objections are due by 6/3/2024. Parties wishing to participate in the above hearing shall call 1-888-204-5984 and use Access Code 9973398#. Parties should notify the courtroom deputy of their intent to participate in the phone conference by sending an e-mail to: beth_graham@mow.uscourts.gov . (Related document(s)#18) (Graham, Beth)
May 22, 2024 Filing 34 Interim OrderFirst Interim Order Authorizing Interim Use of Cash Collateral and Granting Adequate Protection. Signed on 5/22/2024 (Attachments: #1 Suncrest Income Statement Standard by Month 2024 - Consolidated) Hearing scheduled for 6/5/2024 at 11:30 AM at Telephone Conference. Objections are due by 6/3/2024. Parties wishing to participate in the above hearing shall call 1-888-204-5984 and use Access Code 9973398#. Parties should notify the courtroom deputy of their intent to participate in the phone conference by sending an e-mail to: beth_graham@mow.uscourts.gov . (Related document(s)#22) (Graham, Beth)
May 22, 2024 Opinion or Order Filing 33 Order of the Court The Motion to Expedite Hearing and/or Shorten Time is hereby GRANTED in Part, and the Response Time for Responses to the Motion for Relief from Stay filed by Elena Puga is set to May 31, 2024. It is so ORDERED by /s/ Cynthia A. Norton Objections/Responses due by 5/31/2024. 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)#13 Motion for Relief from Stay, #15 Motion to Expedite Hearing) (Graham, Beth)
May 22, 2024 Filing 32 Status Hearing Called and Continued re: Motion for Relief from Stay regarding Already Scheduled Expedited Appeal in State Court, Filed by ELENA PUGA. Hearing Held on Motion to Expedite Hearing on Motion for Relief from Stay (GRANTED in PART, deadline of May 31st for Responses to the Motion for Relief). Upon consent of the parties or as ordered by the court for good cause and compelling circumstances, the time period set forth in 11 U.S.C. Section 362(e) is extended.Appearances by Robert Eggmann, Thomas Riske, Adam Miller and Robert Baran. ERO - CR Parties wishing to participate in the phone conference need to use the conference line. The toll free number for Judge Norton is 888-204-5984. When prompted enter access code 9973398. Beth Graham can be emailed at beth_graham@mow.uscourts.gov to confirm your intent to participate Preliminary Hearing scheduled for 6/5/2024 at 11:30 AM at Telephone Conference. Responses due by 5/31/2024. (related document(s)#13, #15) (Graham, Beth)
May 22, 2024 Filing 31 Hearing Called and Continued re: Emergency Motion for Order regarding (I) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Utility Services; (II) Deeming Utility Companies Adequately Assured of Future Performance (INTERIM ORDER GRANTING, Proposed Order to be Submitted); Motion for Order regarding /Motion for Authority to Perform Obligations Necessary to Maintain Existing Insurance (INTERIM ORDER GRANTING, Proposed Order to be Submitted); Motion for Order regarding Authorizing Debtor to Maintain Cash Management System (Debtor possibly will be withdrawing, Judge Continued); Motion to Use Cash Collateral (INTERIM ORDER GRANTING, Response Deadline 6/3/24, Proposed Order to be Submitted). Appearances by Robert Eggmann, Thomas Riske, Adam Miller, Robert Baran. ERO - CR Parties wishing to participate in the phone conference need to use the conference line. The toll free number for Judge Norton is 888-204-5984. When prompted enter access code 9973398. Beth Graham can be emailed at beth_graham@mow.uscourts.gov to confirm your intent to participate Hearing scheduled for 6/5/2024 at 11:30 AM at Telephone Conference. Conditions to be met on or before: 6/3/2024. (related document(s)#20, #19, #18, #22) (Graham, Beth) Modified on 5/22/2024 (Graham, Beth).
May 21, 2024 Filing 30 Certificate of Service on 5/20/24 to the Debtor, the United States Trustee, and all parties requesting notice via the Court's ECF system at regarding Documentation in support of Motion for Relief filed by ELENA PUGA (related document(s)#26 Support Documentation filed by ELENA PUGA) (Baran, Robert (aty))
May 21, 2024 Filing 29 Certificate of Service on 5/17/24 to the Debtor, the United States Trustee, and all parties requesting notice via the Court's ECF system, at regarding Motion to Expedite Hearing filed by ELENA PUGA (related document(s)#15 Motion to Expedite Hearing filed by ELENA PUGA) (Baran, Robert (aty))
May 21, 2024 Filing 28 Certificate of Service on 5/17/24 to the Debtor, the United States Trustee, and all parties requesting notice via the Court's ECF system at regarding Motion for Relief from Stay regarding Already Scheduled Expedited Appeal in State Court filed by ELENA PUGA (related document(s)#13 Motion for Relief from Stay filed by ELENA PUGA) (Baran, Robert (aty))
May 21, 2024 Filing 27 Certificate of Service on May 21, 2024 regarding a) Debtors Emergency Motion for an Order Pursuant to Sections 105(a) and 366(b) of the Bankruptcy Code (I) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Utility Services; (II) Deeming Utility Companies Adequately Assured of Future Performance [Doc. #18]; b)Motion for Authority to Perform Obligations Necessary to Maintain Existing Insurance [Doc. #19]; c) Debtors Motion for Entry of an Order Authorizing Debtor to Maintain Cash Management System [Doc. #20]; d) Motion for Entry of Interim and Final Orders Authorizing Debtors Use of Cash Collateral Pursuant to 363 of the Bankruptcy Code [Doc. #22]; and e) Notice Setting Telephone Status Hearing re: First Day Motions [Doc. #25]. filed by Nephrite Fund 1 LLC (related document(s)#18 Motion for Order filed by Nephrite Fund 1 LLC, #19 Motion for Order filed by Nephrite Fund 1 LLC, #20 Motion for Order filed by Nephrite Fund 1 LLC, #22 Motion to Use Cash Collateral filed by Nephrite Fund 1 LLC, 25 Notice Setting Telephone Hearing) (Eggmann, Robert (aty))
May 20, 2024 Filing 26 Documentation in support of Motion for Relief filed by ELENA PUGA (related document(s)#13 Motion for Relief from Stay filed by ELENA PUGA) (Baran, Robert (aty))
May 20, 2024 Filing 25 Notice Setting Telephone Status Hearing re: Motion for Relief from Stay regarding Already Scheduled Expedited Appeal in State Court, and requesting the 14 day stay of Rule 4001(a)(3) be waived, Filed by ELENA PUGA with Motion to Shorten Response Time and Expedite Hearing; Debtor's Motion for Order regarding (I) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Utility Services, and (II) Deeming Utility Companies Adequately Assured of Future Performance; Debtor's Motion for Authority to Perform Obligations Necessary to Maintain Existing Insurance; Debtor's Motion for Order regarding Authorizing Debtor to Maintain Cash Management System; AND Debtor's Motion to Use Cash Collateral. Status hearing to be held on 5/22/2024 at 10:00 AM at Telephone Conference. Parties wishing to participate in the above status hearing shall call 1-888-204-5984 and use Access Code 9973398#. Parties should notify the courtroom deputy of their intent to participate in the phone conference by sending an e-mail to: beth_graham@mow.uscourts.gov . The moving party is to serve this Notice 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.This Notice of Electronic Filing is the Official NOTICE for this entry. No document is attached.(related document(s)#13, #20, #19, #23, #18, #22, #15) (Graham, Beth)
May 20, 2024 Filing 24 Rule 2015-2 A and B filed by Nephrite Fund 1 LLC (Eggmann, Robert (aty))
May 20, 2024 Filing 23 Preliminary Response to Expedited Motion for Relief by Elena Puga, Nicole Edwards and the Puga Class filed by Nephrite Fund 1 LLC. (related document(s)#15 Motion to Expedite Hearing) (Eggmann, Robert) Modified on 5/21/2024 (McWilliams, Patrick).
May 20, 2024 Filing 22 Motion to Use Cash Collateral Filed by Nephrite Fund 1 LLC. (Eggmann, Robert)
May 20, 2024 Filing 21 Notice of Motion filed by Nephrite Fund 1 LLC. Response due by 06/10/2024. (Related document(s)#17 Application to Employ)(Eggmann, Robert)
May 20, 2024 Filing 20 WITHDRAWN PER DOCUMENT #54-Motion for Order regarding Authorizing Debtor to Maintain Cash Management System Filed by Nephrite Fund 1 LLC. (Eggmann, Robert) Modified on 6/18/2024 (McWilliams, Patrick).
May 20, 2024 Filing 19 Motion for Order regarding /Motion for Authority to Perform Obligations Necessary to Maintain Existing Insurance Filed by Nephrite Fund 1 LLC. (Eggmann, Robert)
May 20, 2024 Filing 18 Emergency Motion for Order regarding (I) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Utility Services; (II) Deeming Utility Companies Adequately Assured of Future Performance Filed by Nephrite Fund 1 LLC. (Eggmann, Robert) Modified on 5/20/2024 (McWilliams, Patrick).
May 20, 2024 Filing 17 Application to Employ Robert E. Eggmann and Carmody MacDonald P.C. as Attorney for Debtor Filed by Nephrite Fund 1 LLC. Response due by 06/10/2024. (Eggmann, Robert)
May 17, 2024 Filing 16 BNC Certificate of Mailing Notice Date 05/17/2024. (Related Doc #12) (Admin.)
May 17, 2024 Filing 15 Motion to Expedite Hearing Filed by ELENA PUGA. (related document(s)#13 Motion for Relief from Stay filed by ELENA PUGA) (Attachments: #1 Exhibit A - WD App Ct Order re Expedited Appeal #2 Exhibit B - Settlement Hearing Transcript) (Baran, Robert)
May 17, 2024 Filing 14 Receipt for Motion for Relief from Stay(# 24-40655-can11) [motion,mrstay] ( 199.00), with receipt number A18475488, in the amount of 199.00 dollars. (re: Doc #13) (U.S. Treasury)
May 17, 2024 Filing 13 Motion for Relief from Stay regarding Already Scheduled Expedited Appeal in State Court, and requesting the 14 day stay of Rule 4001(a)(3) be waived, (filing fee to be paid in the amount of 199 dollars) Filed by ELENA PUGA. (Attachments: #1 Exhibit A - Class Action Petition #2 Exhibit B - Settlement Agreement #3 Exhibit C - Transcript of Settlement Hearing #4 Exhibit D - WD App Order re Expedited Appeal #5 Exhibit SP Petition v Nephrite #6 Exhibit F - UCC #7 Exhibit G - SP Judgment v Nephrite #8 Exhibit Nephrite Depo Transcript #9 Exhibit I - Davila Depo Transcript) (Baran, Robert)
May 15, 2024 Filing 12 Chapter 11 Meeting of Creditors Scheduled. Meeting to be held on 6/13/2024 at 02:00 PM BY PHONE w/ UST 1-877-931-2506 Code: 3232936. (Smith, Mindy)
May 15, 2024 Filing 11 Corrected Debtor(s) Declaration Re: Electronic Filing filed by Nephrite Fund 1 LLC (related document(s) 8 OSC re Incorrect DEC or Not Filed) (Eggmann, Robert (aty))
May 15, 2024 Opinion or Order Filing 10 Order on Preliminary Matters Signed on 5/15/2024. (Harden, Debra)
May 15, 2024 Opinion or Order Filing 9 Order to Debtor(s) to Show CauseThe Debtor(s) is to Show Cause why the order for relief should not be set aside, these bankruptcy proceedings dismissed and, if applicable, the discharge be denied or revoked for failure to provide Local Rule 2015-2A and B Statements. This order will be deemed vacated upon timely compliance with its provisions.It is so ORDERED by /s/ Cynthia A. Norton. Incomplete Filings due by 5/29/2024.The Court will serve this Order on parties not receiving electronic notice.This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (McWilliams, Patrick)
May 15, 2024 Opinion or Order Filing 8 Order for the Debtor(s) to Show Cause why the order for relief should not be set aside, these bankruptcy proceedings dismissed and, if applicable, the discharge be denied or revoked for failure to file the DECLARATION RE: ELECTRONIC FILING in the appropriate manner. The attached document did not contain the FULL EIN number as required. This order will be deemed vacated upon corrected filing of the Declaration within 7 days. It is so ORDERED by /s/ Cynthia A. NortonDeclaration re Electronic Filing due by 5/22/2024.The Court will serve this Order on parties not receiving electronic notice.This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (McWilliams, Patrick)
May 15, 2024 Filing 7 Notice of Appearance and Request for Notice of Thomas H. Riske on behalf of Nephrite Fund 1 LLC (Riske, Thomas (aty))
May 14, 2024 Filing 6 Entry of Appearance by Adam E. Miller on behalf of The Office Of The United States Trustee (Miller, Adam (aty))
May 14, 2024 Filing 5 Entry of Appearance by Sherri L. Wattenbarger on behalf of The Office Of The United States Trustee (Wattenbarger, Sherri (aty))
May 14, 2024 Filing 4 Debtor(s) Declaration Re: Electronic Filing filed by Nephrite Fund 1 LLC (Eggmann, Robert (aty))
May 14, 2024 Filing 3 Disclosure of Compensation of Attorney for Debtor filed by Nephrite Fund 1 LLC (Eggmann, Robert (aty))
May 14, 2024 Filing 2 Receipt for Voluntary Petition (Chapter 11)(# 24-40655-11) [other,volp11] (1738.00), with receipt number A18469805, in the amount of 1738.00 dollars. (re: Doc #1) (U.S. Treasury)
May 14, 2024 Filing 1 Chapter 11 Voluntary Petition for Non-Individual. (Filing fee to be paid in the amount of $1738 today.) Chapter 11 Plan due by 09/11/2024. Disclosure Statement due by 09/11/2024. (Eggmann, Robert)

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Debtor: Nephrite Fund 1 LLC
Represented By: Thomas H Riske
Represented By: Robert E Eggmann
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U.s. trustee: U.S. Trustee
Represented By: Sherri L. Wattenbarger
Represented By: Adam E. Miller
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