All Ways Concrete Pumping, LLC
| All Ways Concrete Pumping, LLC |
| U.S. Trustee |
| Francis J. Brennan-Trustee |
| 5:2023bk30069 |
| February 17, 2023 |
| U.S. Bankruptcy Court for the Northern District of New York |
| Wendy A Kinsella |
| Other |
Docket Report
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Filing 83
Order Granting Application to Employ Bond, Schoeneck & King as counsel for Debtor. (Related Doc #61) (Schaaf, Thomas)
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| 341(a) Meeting of Creditors Closed Filed by U.S. Trustee. (Champion, Erin) |
| Filing 82 PDF with attached Audio File. Court Date & Time [04/13/2023 02:07:30 PM]. File Size [ 12478 KB ]. Run Time [ 00:53:18 ]. (admin). |
| Hearing Held - Status Conference re: Motion for 2004 Examination Continued to 5/25/2023 (related document(s): #45 ). Hearing scheduled for 05/25/2023 at 11:30 AM at Syracuse Courtroom. (Smith, Nicole) |
| Hearing Held - Conference Closed; Applications to Employ Bond, Schoeneck & King, PLLC and Barnes & Thornburg, LLP as Attorneys for Debtor are Granted (related document(s) 72 ). (Smith, Nicole) |
| Filing 81 Certificate of Service of Omnibus Response of Debtor to Objections to Employment Applications Filed by All Ways Concrete Pumping, LLC (related document(s)#80). (Walter, Grayson) |
| Filing 80 Response to (related document(s): #71 Objection, #73 Objection to Professional Fees) (Omnibus Response of Debtor to Objections to Employment Applications) Filed by All Ways Concrete Pumping, LLC (related document(s)#71, #73). (Walter, Grayson) |
| Filing 79 Certificate of Service of Final Order (A) Authorizing the Debtor's Use of Cash Collateral and Credit Cards and (B) Granting Adequate Protection Filed by All Ways Concrete Pumping, LLC (related document(s)#78). (Walter, Grayson) |
| Hearing Re-Set for calendaring purposes (related document(s): 72 , #64, #61). Section 105(a) Conference to be held on 4/13/2023 at 02:00 PM at Syracuse Courtroom. (Smith, Nicole) |
| Filing 78 FINAL ORDER: (A) AUTHORIZING THE DEBTORS USE OF CASH COLLATERALAND CREDIT CARDS AND (B) GRANTING ADEQUATE PROTECTION (Related Doc #7) (Attachments: #1 Exhibit 1 - Budget) (Schaaf, Thomas) |
| Filing 77 Certificate of Service Filed by Francis J. Brennan-Trustee (related document(s)#76). (Brennan, Francis) |
| Filing 76 Response to (related document(s): #61 Application to Employ Bond, Schoeneck & King, PLLC as Attorneys for Debtor , #64 Application to Employ Barnes & Thornburg LLP as Attorneys for the Debtor ) Filed by Francis J. Brennan-Trustee (related document(s)#64, #61). (Brennan, Francis) |
| Filing 75 Certificate of Service of Final Order (A) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Services to and/or Discriminating Against the Debtor on Account of Prepetition Amounts Due; (B) Authorizing the Debtor to Pay Adequate Assurance Deposit, and (C) Determining that the Debtor's Utilities are Adequately Assured of Future Payment Filed by All Ways Concrete Pumping, LLC (related document(s)#74). (Walter, Grayson) |
| Filing 74 Final Order (A) Prohibiting Utility Companies From Altering, Refusing Or Discontinuing Services To And/Or Discriminating Against The Debtor On Account Of Prepetition Amounts Due; (B) Authorizing The Debtor To Pay Adequate Assurance Deposit, And (C) Determining That The Debtor's Utilities Are Adequately Assured Of Future Payment (Related Doc #9) (Murine, Rochelle) |
| Filing 73 Objection to Professional Fees Filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, by its Board of Trustees, Local 106 Training and Apprenticeship Fund, by Daniel J. McGraw and Eugene Hallock, as Trustees, Upstate New York Engineers Health Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers Pension Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers S.U.B., by Deborah Spaulding, as Administrator, Upstate New York Engineers Training Fund, by Theron Hogle and Eugene Hallock, as Trustees, Upstate New York Operating Engineers, Local 158, by Daniel McGraw, as Business Manager. (Clark, Jennifer). Related document(s) #61 #64 Modified on 4/6/2023 (Weiler, Sara). |
| Filing 72 TEXT ORDER: The Court is in receipt of the Application for Entry of an Order Authorizing the Employment and Retention of Bond, Schoeneck & King, PLLC as Counsel to the Debtor ("BSK Application" at Doc. 61) and Debtor's Application for Entry of an Order Authorizing the Retention and Employment of Barnes & Thornburg LLC as Counsel to the Debtor, Effective as of the Petition Date ("B&T Application" at Doc. 64, collectively with the BSK Application, the "Applications") and the United States Trustee's Omnibus Objection to the Debtor's Employment Applications Authorizing Retention as Counsel to the Debtor ("Objection" at Doc. 71). In light of the contentions asserted in Objection and as to certain relief sought in the Applications, this Court schedules a Section 105(a) Conference (the "Conference") to be held April 13, 2023 at 2:00 p.m. The Conference will be held telephonically and can be accessed by dialing (888) 398-2342 and entering access code 3187406#. A representative of Bond, Schoeneck & King, PLLC and Barnes & Thornburg LLC, and counsel for the United States Trustee are directed to appear. SO ORDERED this 5th day of April 2023, by Wendy A. Kinsella, United States Bankruptcy Judge. (related document(s)#64, #61). (Murine, Rochelle) |
| Filing 71 Omnibus Objection to (related document(s): #61 Application to Employ Bond, Schoeneck & King, PLLC as Attorneys for Debtor , #64 Application to Employ Barnes & Thornburg LLP as Attorneys for the Debtor ) Filed by U.S. Trustee (related document(s)#64, #61). (Attachments: #1 Certificate of Service) (Ginsberg, Amy) |
| Hearing Set (related document(s):#61, #64). Section 105(a) hearing to be held on 4/13/2023 at 02:00 PM at Syracuse Courtroom. (Murine, Rochelle) |
| Filing 70 Exhibit (Bank Statements for Debtor's February 2023 Operating Report) Filed by All Ways Concrete Pumping, LLC (related document(s)#62). (Walter, Grayson) |
| Filing 69 Chambers Memo Requiring Further Action (related document(s):#7). (Straile, T) |
| Filing 68 PDF with attached Audio File. Court Date & Time [03/30/2023 12:06:56 PM]. File Size [ 23403 KB ]. Run Time [ 01:40:05 ]. (admin). |
| Hearing Held - Granted (related document(s) #7 ). Order due by 05/01/2023. (Smith, Nicole) |
| Hearing Held - Granted (related document(s):#9). Order due by 5/1/2023. (Smith, Nicole) |
| Hearing Held and Continued (related document(s): #5 ). Section 1188 Conference to be held on 05/25/2023 at 11:30 AM at Syracuse Courtroom. (Smith, Nicole) |
| Hearing Set (related document(s):#45). Status Conference re: Motion for 2004 Examination to be held on 4/13/2023 at 02:00 PM at Syracuse Courtroom. (Smith, Nicole) |
| Hearing Held - Granted in part, Denied in part per terms on the record (related document(s) #45 ). Order due by 05/01/2023. (Smith, Nicole) |
| Meeting of Creditors Continued Filed by U.S. Trustee. 341(a) meeting to be held on 4/14/2023 at 10:00 AM (check with U.S. Trustee for location). (Champion, Erin) |
| Filing 67 Affidavit of Service Filed by Francis J. Brennan-Trustee (related document(s)#66). (Brennan, Francis) |
| Filing 66 Response to (related document(s): #45 Motion to Dismiss Case , Motion for Relief from Stay . Fee Amount $188, Motion For Sanctions Under USC 28 Section 1927 Attorney Liability for Excessive Costs , Motion for 2004 Examination ) Filed by Francis J. Brennan-Trustee (related document(s)#45). (Brennan, Francis) |
| Filing 65 Response to (related document(s): #45 Motion to Dismiss Case , Motion for Relief from Stay . Fee Amount $188, Motion For Sanctions Under USC 28 Section 1927 Attorney Liability for Excessive Costs , Motion for 2004 Examination ) Filed by All Ways Concrete Pumping, LLC (related document(s)#45). (Attachments: #1 Exhibit Exhibit 1 #2 Exhibit Exhibit 2 #3 Exhibit Exhibit 3 #4 Exhibit Exhibit 4) (Folland, Robert) |
| Filing 64 Application to Employ Barnes & Thornburg LLP as Attorneys for the Debtor Filed by All Ways Concrete Pumping, LLC. (Attachments: #1 Exhibit A - B&T Declaration #2 Exhibit B - Proposed Order) (Folland, Robert) |
| Filing 63 Application to Employ Newpoint Advisors Corporation as financial advisors for the Debtor Filed by All Ways Concrete Pumping, LLC. (Attachments: #1 Exhibit A - Proposed Order #2 Exhibit B - Engagement Letter #3 Exhibit C - Newpoint Declaration) (Folland, Robert) |
| Filing 62 Monthly Operating Report for Filing Period 2/18/23 - 2/28/23 Filed by All Ways Concrete Pumping, LLC. (Walter, Grayson) |
| Filing 61 Application to Employ Bond, Schoeneck & King, PLLC as Attorneys for Debtor Filed by All Ways Concrete Pumping, LLC. (Attachments: #1 Exhibit A - Proposed Order #2 Exhibit B - Walter Declaration) (Walter, Grayson) |
| Filing 60 Pre-Status Conference Report Filed by All Ways Concrete Pumping, LLC. (Folland, Robert) |
| Filing 59 Certificate of Service of Final Order (i) Authorizing Payment of Prepetition Wages, Salaries and Benefits, (ii) Authorizing the Continuation of Employee Benefit Programs in the Ordinary Course of Business and (iii) Directing Banks to Honor Prepetition Checks for Payment of Prepetition Wage, Salary and Benefit Obligations Filed by All Ways Concrete Pumping, LLC (related document(s)#52). (Walter, Grayson) |
| Filing 58 Certificate of Service of Final Order Authorizing the Debtor to Pay Prepetition Taxes and Regulatory Fees Filed by All Ways Concrete Pumping, LLC (related document(s)#50). (Walter, Grayson) |
| Filing 57 Certificate of Service of Final Order Authorizing (a) Maintenance of Existing Bank Accounts, (b) Continued Use of Existing Cash Management System and (c) Continued Use of Existing Business Forms Filed by All Ways Concrete Pumping, LLC (related document(s)#49). (Walter, Grayson) |
| Filing 56 Certificate of Service of Second Interim Order (a) Authorizing the Debtor's Use of Cash Collateral and Credit Cards, (b) Granting Adequate Protection, and (c) Scheduling Hearing for Approval of the Debtor's Continued Use of Cash Collateral and Credit Cards on a Final Basis Filed by All Ways Concrete Pumping, LLC (related document(s)#48). (Walter, Grayson) |
| Filing 55 Certificate of Service of Order Authorizing the Debtor to Credit Repair Plus, LLC for Payments Made on Behalf of Debtor Pursuant to Bankruptcy Code Sections 105(a) and 363(b) Filed by All Ways Concrete Pumping, LLC (related document(s)#51). (Walter, Grayson) |
| Filing 54 Notice of Appearance and Request for Notice by Jennifer A. Clark Filed by on behalf of Central Pension Fund of the International Union of Operating Engineers and Participating Employers, by its Board of Trustees, Local 106 Training and Apprenticeship Fund, by Daniel J. McGraw and Eugene Hallock, as Trustees, Upstate New York Engineers Health Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers Pension Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers S.U.B., by Deborah Spaulding, as Administrator, Upstate New York Engineers Training Fund, by Theron Hogle and Eugene Hallock, as Trustees, Upstate New York Operating Engineers, Local 158, by Daniel McGraw, as Business Manager. (Clark, Jennifer) |
| Filing 53 Certificate of Service Filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, by its Board of Trustees, Local 106 Training and Apprenticeship Fund, by Daniel J. McGraw and Eugene Hallock, as Trustees, Upstate New York Engineers Health Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers Pension Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers S.U.B., by Deborah Spaulding, as Administrator, Upstate New York Engineers Training Fund, by Theron Hogle and Eugene Hallock, as Trustees, Upstate New York Operating Engineers, Local 158, by Daniel McGraw, as Business Manager (related document(s)#45). (Clark, Jennifer) |
| Filing 52 FINAL ORDER (I) AUTHORIZING PAYMENTOF PREPETITION WAGES, SALARIES AND BENEFITS,(II) AUTHORIZING THE CONTINUATION OF EMPLOYEEBENEFIT PROGRAMS IN THE ORDINARY COURSE OF BUSINESSAND (III) DIRECTING BANKS TO HONOR PREPETITION CHECKS FORPAYMENT OF PREPETITION WAGE, SALARY AND BENEFIT OBLIGATIONS(Related Doc #8) (Schaaf, Thomas) |
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Filing 51
ORDER AUTHORIZING THE DEBTOR TO CREDIT REPAIR PLUS, LLC FOR PAYMENTS MADE ON BEHALF OF THE DEBTOR PURSUANT TO BANKRUTPCY CODE SECTIONS 105(a) AND 363(b)(Related Doc #33) (Schaaf, Thomas)
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| Filing 50 FINAL ORDER AUTHORIZING THE DEBTOR TO PAY PREPETITION TAXES AND REGULATORY FEES (Related Doc #11) (Schaaf, Thomas) |
| Filing 49 FINAL ORDER AUTHORIZING (A) MAINTENANCE OF EXISTINGBANK ACCOUNTS, (B) CONTINUED USE OF EXISTING CASH MANAGEMENTSYSTEM AND (C) CONTINUED USE OF EXISTING BUSINESS FORMS(Related Doc #10) (Schaaf, Thomas) |
| Filing 48 SECOND INTERIM ORDER: (A) AUTHORIZING THE DEBTORS USEOF CASH COLLATERAL AND CREDIT CARDS, (B) GRANTINGADEQUATE PROTECTION, AND (C) SCHEDULING HEARING FORAPPROVAL OF THE DEBTORS CONTINUED USE OF CASHCOLLATERAL AND CREDIT CARDS ON A FINAL BASIS (related document(s)#7). (Schaaf, Thomas) |
| Filing 47 PDF with attached Audio File. Court Date & Time [03/09/2023 11:42:47 AM]. File Size [ 4387 KB ]. Run Time [ 00:18:35 ]. (admin). |
| Filing 46 Notice of Hearing Filed by Central Pension Fund of the International Union of Operating Engineers and Participating Employers, by its Board of Trustees, Local 106 Training and Apprenticeship Fund, by Daniel J. McGraw and Eugene Hallock, as Trustees, Upstate New York Engineers Health Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers Pension Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers S.U.B., by Deborah Spaulding, as Administrator, Upstate New York Engineers Training Fund, by Theron Hogle and Eugene Hallock, as Trustees, Upstate New York Operating Engineers, Local 158, by Daniel McGraw, as Business Manager (related document(s)#45). Hearing scheduled for 3/30/2023 at 11:30 AM at Syracuse Courtroom. (Straile, T) |
| Filing 45 Motion to Dismiss Case , Motion for Relief from Stay . Fee Amount $188, Motion For Sanctions Under USC 28 Section 1927 Attorney Liability for Excessive Costs , Motion for 2004 Examination Filed by Upstate New York Operating Engineers, Local 158, by Daniel McGraw, as Business Manager, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, by its Board of Trustees, Local 106 Training and Apprenticeship Fund, by Daniel J. McGraw and Eugene Hallock, as Trustees, Upstate New York Engineers Training Fund, by Theron Hogle and Eugene Hallock, as Trustees, Upstate New York Engineers S.U.B., by Deborah Spaulding, as Administrator, Upstate New York Engineers Pension Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers Health Fund, by Deborah Spaulding, as Administrator. (Attachments: #1 Affidavit of David Van Deusen #2 Affidavit of Michael P. Lyons #3 Exhibit Exh. A to Lyons Aff #4 Exhibit Exh. B to Lyons Aff #5 Exhibit Exh. C to Lyons Aff #6 Exhibit Exh. D to Lyons Aff #7 Exhibit Exh. E to Lyons Aff #8 Exhibit Exh. F to Lyons Aff #9 Exhibit Exh. G to Lyons Aff #10 Exhibit Exh. H to Lyons Aff #11 Exhibit Exh. I to Lyons Aff #12 Exhibit Exh. J to Lyons Aff #13 Exhibit Exh. K to Lyons Aff #14 Exhibit Exh. L to Lyons Aff #15 Exhibit Exh. M to Lyons Aff #16 Affidavit Creditors' Motion to Dismiss the Petition #17 Exhibit Exhs. A-C to Creditors' Motion #18 Exhibit Exh. D to Creditors' Motion #19 Exhibit Exhs. E - H to Creditors' Motion #20 Exhibit Exh. I to Creditors' Motion #21 Memorandum of Law in Support of Creditors' Motion to Dismiss) (Clark, Jennifer) |
| Hearing Held - Granted on a Final Basis (related document(s) #11 ). Order due by 04/10/2023. (Smith, Nicole) |
| Hearing Held - Granted (related document(s) #33 ). Order due by 04/10/2023. (Smith, Nicole) |
| Hearing Held - Granted on a Final Basis (related document(s) #10 ). Order due by 04/10/2023. (Smith, Nicole) |
| Receipt of Motion for Relief From Stay(# 23-30069-5-wak) [motion,mrlfsty] ( 188.00) filing fee. Receipt number A11513020, amount $ 188.00. (Re:Doc#45) (U.S. Treasury) |
| Hearing Held - Granted on a Final Basis (related document(s) #8 ). Order due by 04/10/2023. (Smith, Nicole) |
| Hearing Held and Continued (related document(s): #7 ). Final Hearing scheduled for 03/30/2023 at 11:30 AM at Syracuse Courtroom. (Smith, Nicole) |
| Filing 44 Certificate of Service of Notice of Subchapter V Filing and First Day Motions, Tax Motion and Interim Tax Motion Filed by All Ways Concrete Pumping, LLC (related document(s)#24, #11, #19). (Donato, Stephen) |
| Filing 43 Certificate of Service of Notice of Subchapter V Filing and First Day Motions, Cash Management Motion and Interim Cash Management Order Filed by All Ways Concrete Pumping, LLC (related document(s)#26, #19, #10). (Donato, Stephen) |
| Filing 42 Certificate of Service of Notice of Subchapter V Filing and First Day Motions, Utility Motion and Interim Utility Order Filed by All Ways Concrete Pumping, LLC (related document(s)#9, #22, #19). (Donato, Stephen) |
| Filing 41 Certificate of Service of Notice of Subchapter V Filing and First Day Motions, Wage Motion and Interim Wage Order Filed by All Ways Concrete Pumping, LLC (related document(s)#23, #8, #19). (Donato, Stephen) |
| Filing 40 Certificate of Service of Notice of Subchapter V Filing and First Day Motions, Cash Collateral Motion and Interim Cash Collateral Order Filed by All Ways Concrete Pumping, LLC (related document(s)#7, #25, #19). (Donato, Stephen) |
| Filing 39 Certificate of Service of Declaration of Diana L. Sroka in Support of Chapter 11, Subchapter V, Petition and First Day Motions Filed by All Ways Concrete Pumping, LLC (related document(s)#12). (Donato, Stephen) |
| Filing 38 Certificate of Service of Motion for Entry of an Order Authorizing the Debtor to Credit Repair Plus, LLC for Payments Made on Behalf of the Debtor, together with Order Reducing Time and Supporting Application Filed by All Ways Concrete Pumping, LLC (related document(s)#34, #33, #35). (Walter, Grayson) |
| Filing 37 Statement of Financial Affairs for Non-Individual Filed by All Ways Concrete Pumping, LLC. (Walter, Grayson) |
| Filing 36 Declaration Non-Individual , Summary of Assets and Liabilities Schedules for Non-Individual , Non-Individual, Schedule AB, Schedule D, Schedule EF, Schedule G, Schedule H, Summary of Assets and Liabilities and Certain Statistical Information, Declaration,, Disclosure of Compensation of Attorney for Debtor , Equity Security Holders , Statement of Corporate Ownership filed. Filed by All Ways Concrete Pumping, LLC (related document(s)#1). (Walter, Grayson) |
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Filing 35
Order Granting Motion to Shorten Time (Related Doc #34) Hearing scheduled for 3/9/2023 at 11:30 AM at Syracuse Courtroom. (Straile, T)
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| Filing 34 Motion to Shorten Time (related documents #33 Generic Motion) (Application for Entry of an Order Reducing Time for Notice of Motion for Entry of an Order Authorizing the Debtor to Credit Repair Plus, LLC for Payments Made on Behalf of the Debtor) Filed by All Ways Concrete Pumping, LLC (related document(s)#33). (Attachments: #1 Exhibit A - Walter Declaration #2 Exhibit B - Proposed Order) (Walter, Grayson) |
| Filing 33 Motion for Entry of an Order Authorizing the Debtor to Credit Repair Plus, LLC for Payments Made on Behalf of the Debtor Pursuant to Bankruptcy Code Sections 105(a) and 363(b) Filed by All Ways Concrete Pumping, LLC. (Attachments: #1 Exhibit A - Proposed Order) (Walter, Grayson) |
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Filing 32
Order Granting Motion To Appear pro hac vice.ORDERED, that Robert C. Folland is admitted to practice, pro hac vice, before this Court for the purpose of appearing as counsel on behalf of the Debtor in this chapter 11 case and any adversary proceedings, other contested matters or other proceedings arising herein (Related Doc #21) (Schaaf, Thomas)
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| Filing 31 Notice of Hearing on Cash Collateral Motion, Wage Motion, Cash Management Motion and Tax Motion) Filed by All Ways Concrete Pumping, LLC (related document(s)#7, #9, #11, #8, #10). Hearing scheduled for 3/9/2023 at 11:30 AM at Syracuse Courtroom. (Donato, Stephen) |
| Receipt Number 500000084, Fee Amount $100.00 RECEIPTED IN DISTRICT COURT(related document(s):#21). (Murine, Rochelle) |
| Filing 30 BNC Certificate of Mailing. (related document(s):#5). Notice Date 02/23/2023. (Admin.) |
| Filing 29 BNC Certificate of Mailing. (related document(s):#16). Notice Date 02/23/2023. (Admin.) |
| Filing 28 BNC Certificate of Mailing - Meeting of Creditors. (related document(s):#18). Notice Date 02/23/2023. (Admin.) |
| Filing 27 PDF with attached Audio File. Court Date & Time [02/22/2023 12:00:35 PM]. File Size [ 12811 KB ]. Run Time [ 00:54:40 ]. (admin). |
| Filing 26 Interim Order approving and adjourning hearing. (related document(s)#10). (Didonna, Edward) |
| Filing 25 Interim Order approving and adjourning hearing. (related document(s)#7). (Didonna, Edward) |
| Filing 24 Interim Order approving payments and adjourning hearing. (related document(s)#11). (Didonna, Edward) |
| Filing 23 Interim Order approving payments and adjourning hearing. (related document(s)#8). (Didonna, Edward) |
| Filing 22 Interim Order granting per terms of order, hearing adjnd. (related document(s)#9). (Didonna, Edward) |
| Hearing Held - Granted on an Interim Basis and Continued to 03/09/2023 (related document(s): #8 ). Hearing scheduled for 03/09/2023 at 11:30 AM at Syracuse Courtroom. (Smith, Nicole) |
| Hearing Held - Granted on an Interim Basis and Continued to 03/09/2023 (related document(s): #7 ). Hearing scheduled for 03/09/2023 at 11:30 AM at Syracuse Courtroom. (Smith, Nicole) |
| Hearing Held - Granted on an Interim Basis and Continued to 03/30/2023 (related document(s): #9 ). Hearing scheduled for 03/30/2023 at 11:30 AM at Syracuse Courtroom. (Smith, Nicole) |
| Hearing Held - Granted on an Interim Basis and Continued to 03/09/2023 (related document(s): #11 ). Hearing scheduled for 03/09/2023 at 11:30 AM at Syracuse Courtroom. (Smith, Nicole) |
| Hearing Held - Granted on an Interim Basis and Continued to 03/09/2023 (related document(s): #10 ). Hearing scheduled for 03/09/2023 at 11:30 AM at Syracuse Courtroom. (Smith, Nicole) |
| Filing 21 Ex Parte Motion to Appear pro hac vice Filed by Barnes & Thornburg LLP. (Attachments: #1 Exhibit A - Proposed Order #2 Exhibit B - Declaration) (Donato, Stephen) |
| Filing 20 Certificate of Service of Notice of Commencement of Subchapter V Case, First Day Motions and Emergency Hearing Filed by All Ways Concrete Pumping, LLC (related document(s)#19). (Donato, Stephen) |
| Filing 19 Notice of Hearing (Notice of Commencement of Subchapter V Case, First Day Motions and Emergency Hearing) Filed by All Ways Concrete Pumping, LLC (related document(s)#7, #9, #11, #8, #10). Hearing scheduled for 2/22/2023 at 12:00 PM at Syracuse Courtroom. (Donato, Stephen) |
| Filing 18 Meeting of Creditors. 341(a) meeting to be held on 3/27/2023 at 10:00 AM at First Meeting Syracuse. Last day to object to discharge of certain debts 5/26/2023. Proofs of Claim due by 4/28/2023. Government Proof of Claim due by 8/16/2023. (Straile, T) |
| Filing 17 Notice of Appearance and Request for Notice by Neil Joseph Smith Filed by on behalf of Diana Sroka, Kenneth Sroka. (Smith, Neil) |
| Filing 16 Notice of Deadlines. Atty Disclosure Statement due 3/3/2023.Small Business Balance Sheet due 2/24/2023.Corporate Ownership Statement due 2/17/2023.Small Business Cash Flow Statement due 2/24/2023. List of Equity Security Holders due 3/3/2023.Schedule A/B due 3/3/2023. Schedule D due 3/3/2023.Schedule E/F due 3/3/2023. Schedule G due 3/3/2023. Schedule H due 3/3/2023. Statement of Financial Affairs due 3/3/2023.Summary of Assets and Liabilities and Certain Statistical Information due 3/3/2023.Small Business Statement of Operations due 2/24/2023.Affidavit Pursuant to LR 2015 due by 2/27/2023. (Straile, T) |
| Section 341 Telephonic Meeting Call-in Information: 877-718-0473 Participant code: 1422055 Filed by U.S. Trustee. (Champion, Erin) |
| Filing 15 Notice of Appointment of Subchapter V Trustee. Francis J. Brennan-Trustee added to the case. Filed by U.S. Trustee. (Attachments: #1 Verified Statement)(Champion, Erin) |
| Filing 14 TEXT ORDER: The court is in receipt of the Declaration of Diana L. Sroka in Support of Chapter 11, Subchapter V, Petition and First Day Motions ("Declaration," Doc. 12); Motion for Entry of an Order: (A) Authorizing the Debtor's Emergency Use of Cash Collateral and Credit Cards, (B) Granting Adequate Protection, and (C) Scheduling Hearing for Approval of the Debtor's Continued Use of Cash Collateral and Credit Cards on a Final Basis ("Cash Collateral Motion," Doc. 7); Motion for Interim and Final Orders (I) Authorizing Payment of Prepetition Wages, Salaries and Benefits, (II) Authorizing Continuation of its Employee Benefit Programs in the Ordinary Course of Business, and (III) Directing Banks to Honor Prepetition Checks for Payment of Prepetition Wage, Salary and Benefit Obligations ("Wage Motion," Doc. 8); Motion for Interim and Final Orders (A) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Services to and/or Discriminating Against the Debtor on Account of Prepetition Amounts Due, (B) Determining that the Debtor's Utilities are Adequately Assured of Future Payment, (C) Authorizing the Debtor to Pay Adequate Assurance Deposit, and (D) Establishing Procedures for Objecting or Requesting Additional Assurance of Payment ("Utility Motion," Doc. 9); Motion for Entry of Interim and Final Orders Authorizing (A) Maintenance of Existing Bank Accounts, (B) Continued Use of Existing Cash Management System and (C) Continued Use of Existing Business Forms ("Cash Management Motion," Doc. 10); and Motion for Entry of Interim and Final Orders Authorizing the Debtor to Pay Prepetition Taxes and Regulatory Fees ("Tax Motion," Doc. 11, collectively the "First Day Pleadings"). In light of the emergency nature of the relief sought in the First Day Pleadings, the court schedules a hearing for February 22, 2023 at 12:00 p.m. (the "Emergency Hearing"). Counsel for Debtor is directed to provide notice of the Emergency Hearing via facsimile, electronic or overnight mail to: (i) the Office of the United States Trustee for the Northern District of New York, 10 Broad Street, Room 105, Utica, New York 13501, Attn: Erin Champion, Esq.; (ii) counsel for Five Star Bank, Phillips Lytle LLP, One Canalside, 125 Main Street, Buffalo, New York 14203, Attn: Angela Z. Miller, Esq. and Catherine N. Cervone, Esq.; (iii) the subchapter V trustee or any statutory committee appointed in this Subchapter V Case or, if no such trustee or committee has been appointed, the Debtor's twenty (20) largest unsecured creditors as set forth in the list filed with the Debtor's petition; (iv) each of the Debtor's Secured Creditors, (v) all required governmental agencies, (vi) all Utility Companies identified on the Utility List filed with the Utility Motion, (vii) the Debtor's cash management banks identified in the Cash Management Motion, and (viii) any other party appearing in the Subchapter V Case and requesting notice pursuant to Bankruptcy Rule 2002. The Emergency Hearing can be accessed by dialing (888) 398-2342 and entering access code 3187406#. SO ORDERED this 20th day of February, 2023, by Wendy A. Kinsella, United States Bankruptcy Judge. (related document(s)#7, #9, #11, #8, #10). (Murine, Rochelle) |
| Hearing Set (related document(s):#7, #8, #9, #10, #11). Hearing scheduled for 2/22/2023 at 12:00 PM at Syracuse Courtroom. (per text order at doc. 14) (Murine, Rochelle) |
| Filing 13 Adversary case 23-50002-5. (71 (Injunctive relief - reinstatement of stay)),(91 (Declaratory judgment)) Complaint by All Ways Concrete Pumping, LLC against Upstate New York Engineers Health Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers Pension Fund, by Deborah Spaulding, as Administrator, Upstate New York Engineers S.U.B., by Deborah Spaulding, as Administrator, Upstate New York Engineers Training Fund, by Theron Hogle and Eugene Hallock, as Trustees, Local 106 Training and Apprenticeship Fund, by Daniel J. McGraw and Eugene Hallock, as Trustees, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, by its Board of Trustees, Upstate New York Operating Engineers, Local 158, by Daniel McGraw, as Business Manager. Fee Amount of $350 is DEFERRED.. (Attachments: #1 Exhibit 1 - Amended Complaint in District Court Action #2 Exhibit 2 - Answer to Plaintiffs' Amended Complaint and Counterclaims in District Court Action #3 Cover Sheet) (Donato, Stephen) |
| Filing 12 Declaration re: (Declaration of Diana L. Sroka in Support of Chapter 11, Subchapter V, Petition and First Day Motions) Filed by All Ways Concrete Pumping, LLC (related document(s)#7, #9, #11, #8, #10). (Attachments: #1 Exhibit A - Balance Sheet #2 Exhibit B - Budget) (Donato, Stephen) |
| Filing 11 Motion for Entry of Interim and Final Orders Authorizing the Debtor to Pay Prepetition Taxes and Regulatory Fees Filed by All Ways Concrete Pumping, LLC. (Attachments: #1 Exhibit A - Proposed Interim Order #2 Exhibit B - Proposed Final Order) (Donato, Stephen) |
| Filing 10 Motion for Entry of Interim and Final Orders Authorizing (A) Maintenance of Existing Bank Accounts, (B) Continued Use of Existing Cash Management System and (C) Continued Use of Existing Business Forms Filed by All Ways Concrete Pumping, LLC. (Attachments: #1 Exhibit A - Proposed Interim Order #2 Exhibit B - Proposed Final Order) (Donato, Stephen) |
| Filing 9 Motion for Continuation of Utility Service and Approval of Adequate Assurance of Payment to Utility Company Under Section 366(b) (Motion for Interim and Final Orders (A) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Services to and/or Discriminating Against the Debtor on Account of Prepetition Amounts Due, (B) Determining that the Debtor's Utilities are Adequately Assured of Future Payment, (C) Authorizing the Debtor to Pay Adequate Assurance Deposit, and (D) Establishing Procedures for Objecting or Requesting Additional Assurance of Payment) Filed by All Ways Concrete Pumping, LLC. (Attachments: #1 Exhibit A - Proposed Interim Order #2 Exhibit B - Proposed Final Order #3 Exhibit C - Utility List) (Donato, Stephen) |
| Filing 8 Motion for Interim and Final Orders (i) Authorizing Payment of Prepetition Wages, Salaries and Benefits, (ii) Authorizing the Continuation of Employee Benefit Programs in the Ordinary Course of Business and (iii) Directing Banks to Honor Prepetition Checks for Payment of Prepetition Wage, Salary and Benefit Obligations Filed by All Ways Concrete Pumping, LLC. (Attachments: #1 Exhibit A - Proposed Interim Order #2 Exhibit B - Proposed Final Order) (Donato, Stephen) |
| Filing 7 Emergency Motion to Use of Cash Collateral and Credit Cards, Granting Adequate Protection and Scheduling Hearing for Approval of Debtor's Continued Use of Cash Collateral and Credit Cards on a Final Basis Filed by All Ways Concrete Pumping, LLC. (Attachments: #1 Exhibit A - Interim Order) (Donato, Stephen) |
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Filing 6
Order Setting Last Day To File Proofs of Claim . Proofs of Claim due by 4/28/2023. Deadline to file proofs of claim or interest for a governmental unit is fixed as August 16, 2023, pursuant to 11 U.S.C Sec. 502 (b)(9)(Murine, Rochelle)
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Filing 5
Order Scheduling Section 1188 Conference and Related Deadline . Status hearing to be held on 3/30/2023 at 11:30 AM at Syracuse Courtroom. Pre-Status Report Due By 3/16/2023. (Murine, Rochelle)
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| Filing 4 Certification of Mailing Matrix and Mailing Matrix Filed. (20 Largest Creditors Mailing Matrix and Certification) Filed by All Ways Concrete Pumping, LLC. (Donato, Stephen) |
| Filing 3 Certification of Mailing Matrix and Mailing Matrix Filed. Filed by All Ways Concrete Pumping, LLC. (Donato, Stephen) |
| Filing 2 Corporate Resolution Filed by All Ways Concrete Pumping, LLC. (Donato, Stephen) |
| Filing 1 Chapter 11 Subchapter V, Voluntary Petition for Non-Individuals. Fee Amount $1738 Filed by All Ways Concrete Pumping, LLC. Chapter 11 Plan Small Business Subchapter V Due by 05/18/2023. (Donato, Stephen) |
| Receipt of Voluntary Petition (Chapter 11)(# 23-30069-5) [misc,volp11] (1738.00) filing fee. Receipt number A11498834, amount $1738.00. (Re:Doc#1) (U.S. Treasury) |
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