Volume Industries LLC
| Volume Industries LLC |
| United States Trustee |
| Samuel Dawidowicz |
| 7:2024bk22094 |
| February 1, 2024 |
| U.S. Bankruptcy Court for the Southern District of New York |
| Sean H Lane |
| Other |
Docket Report
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This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
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| Filing 38 Application to Employ SAX, LLP as Accountants for the Debtor effective as of February 1, 2024 filed by Dawn Kirby on behalf of Volume Industries LLC with presentment to be held on 4/22/2024 at 12:00 PM at Courtroom (SHL). (Attachments: #1 Application #2 Exhibit A - Roude Declaration #3 Exhibit B - Proposed Order) (Kirby, Dawn) |
| Filing 37 Application to Employ Lindenwood Associates as Financial Advisor effective as of February 1, 2024 filed by Dawn Kirby on behalf of Volume Industries LLC with presentment to be held on 4/29/2024 at 12:00 PM at Videoconference (ZoomGov) (SHL). (Attachments: #1 Exhibit A- Engagement Letter #2 Exhibit B- Declaration of Nat Wasserstein #3 Exhibit C- Proposed Order #4 Exhibit D- Notice of Presentment) (Kirby, Dawn) |
| Filing 36 Notice of Appearance filed by Andrew R. Gottesman on behalf of Kenneth Thomas. (Gottesman, Andrew) |
| Filing 35 Final Order Signed On 3/22/2024, (I) Authorizing The Debtor To Pay And Honor Certain Pre-Petition Claims For (A) Wages, Salaries, Employee Benefits And Other Compensation, And (B) Withholdings And Deductions; And (II) Directing Banks To Receive, Process, Honor And Payall Checks Presented For Payment And Electronic Payment Requests Relating To The Foregoing (Related Doc #5) (Ebanks, Liza) |
| Filing 34 Final Order Signed On 3/22/2024, (1) Authorizing Debtor-In-Possession To Use Cash Collateral, (2) Granting Replacement Liens And Other Adequate Protection, And (3) Affording Other Related Relief (Related Doc #4) (Ebanks, Liza) |
| Filing 33 Certificate of Service re: Order Scheduling Hearing on Shortened Notice to Consider Debtors Motion for Order: Order (I) Authorizing the Private Sale of certain of the Debtors Equipment and (II) Granting a Hearing on Shortened Notice together with Motion and related exhibits (related document(s)#30, #31) Filed by Dawn Kirby on behalf of Volume Industries LLC. (Kirby, Dawn) |
| Filing 32 Notice of Adjournment of Hearing re: All Matters scheduled to be heard on March 14, 2024 and Status Conference Scheduled to be heard on March 20, 2024 filed by Dawn Kirby on behalf of Volume Industries LLC. with hearing to be held on 4/2/2024 at 02:00 PM at Videoconference (ZoomGov) (SHL) (Kirby, Dawn) |
Filing 31
Order Signed On 3/19/2024, Scheduling Hearing On Shortened Notice To Consider Debtor's Motion For Order Authorizing The Private Sale Of Certain Of The Debtor's Equipment; With hearing To Be Held On 4/2/2024 at 02:00 PM at Videoconference (ZoomGov) (SHL) (related document(s)#30) (Ebanks, Liza)
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| Filing 30 Motion to Sell Property Free and Clear of Liens Under Section 363(f)Debtor's motion seeking (I) entry of an order pursuant to 105 and 363 of title 11 of the United States Code, 11 U.S.C. 101, et seq. and Rules 2002 and 6004 of the Federal Rules of Bankruptcy Procedure authorizing the sale of certain of the Debtors equipment to Space/Craft Worldwide, Inc., Cactus Fabrication and DAndrea Visual Communications free and clear of any and all claims, liens, encumbrances and other interests; and (II) granting a hearing on shortened notice pursuant to Local Rule 9077-1 filed by Dawn Kirby on behalf of Volume Industries LLC. (Attachments: #1 Exhibit A - Equipment List #2 Exhibit B - Toyota Finance Proof of Claim No. 4 #3 Exhibit C - Toyota Finance Contract #4 Exhibit D - Dime Bank Proof of Claim No. 5 #5 Proposed Order Scheduling Hearing on Shortened Notice) (Kirby, Dawn) |
| Receipt of Motion to Sell Property Free and Clear of Liens Under Section 363(f)(# 24-22094-shl) [motion,msell] ( 199.00) Filing Fee. Receipt number A16555210. Fee amount 199.00. (Re: Doc #30) (U.S. Treasury) |
| Filing 29 Certificate of Service re: Notice of Presentment of Stipulation Between Debtor and ADP Totalsource, Inc. Providing for Adequate Protection and Modifying Automatic Stay together with Stipulation (related document(s)#27) Filed by Dawn Kirby on behalf of Volume Industries LLC. (Kirby, Dawn) |
| Filing 28 Certificate of Service re: Order Establishing Deadline for Filing Proofs of Claim and Approving the Form and Manner of Notice Thereof, Notice of Deadline Requiring Filing Proofs of Claim on or Before April 18, 2024 together with Case Specific Proof of Claim thereto (related document(s)#26) Filed by Dawn Kirby on behalf of Volume Industries LLC. (Kirby, Dawn) |
| Filing 27 Notice of Presentment of Stipulation Between Debtor and ADP Totalsource, Inc. Providing for Adequate Protection and Modifying Automatic Stay filed by Dawn Kirby on behalf of Volume Industries LLC. with presentment to be held on 3/25/2024 at 12:00 PM at Courtroom (SHL) (Attachments: #1 Stipulation and Order)(Kirby, Dawn) |
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Filing 26
Order Signed On 3/7/2024, Establishing Deadline For Filing Proofs Of Claim And Approving The Form And Manner Of Notice Thereof. Proofs of Claim due by 4/18/2024. (Related Doc #7) (Ebanks, Liza)
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| Filing 25 Amended Notice of Adjournment of Hearing to correct adjournment date of all matters scheduled to be heard on February 28, 2024 filed by Dawn Kirby on behalf of Volume Industries LLC. with hearing to be held on 3/14/2024 at 10:00 AM at Videoconference (ZoomGov) (SHL) (Kirby, Dawn) |
| Filing 24 Certificate of Service re: Notice of : (I) Entry of Interim Order (1) Authorizing Debtor-In-Possession to Use Cash Collateral, (2) Granting Replacement Liens and Other Adequate Protection, and (3) Affording other related relief; and (II) Proposed Final Order (1) Authorizing Debtor-In-Possession to use Cash Collateral, (2) Granting Replacement Liens and Other Adequate Protection together with exhibits thereto (related document(s)#22) Filed by Dawn Kirby on behalf of Volume Industries LLC. (Kirby, Dawn) |
| Filing 23 Application to Employ Kirby Aisner & Curley LLP as Attorney's for the Debtor filed by Dawn Kirby on behalf of Volume Industries LLC with presentment to be held on 3/29/2024 (check with court for location). (Attachments: #1 Notice of Presentment #2 Exhibit A- Declaration #3 Exhibit B- Proposed Order) (Kirby, Dawn) |
| Filing 22 Notice of Hearing Notice of Interim Order Authorizing Debtor-In-Possession to Use Cash Collateral; Proposed Final Order Approving Cash Collateral Stipulation; and Propoosed Final Cash Collateral Stipulation (related document(s)#4) filed by Dawn Kirby on behalf of Volume Industries LLC. with hearing to be held on 3/14/2024 at 10:00 AM at Courtroom (SHL) Objections due by 3/11/2024, (Attachments: #1 Exhibit 1 - First Interim Cash Collateral Order #2 Exhibit 2 - Proposed Final Order #3 Exhibit 3 - Proposed Final Stipulation)(Kirby, Dawn) |
| Filing 21 Notice of Adjournment of Hearing currently scheduled for February 28, 2024 (related document(s)#5, #4) filed by Dawn Kirby on behalf of Volume Industries LLC. with hearing to be held on 3/20/2024 at 10:00 AM at Videoconference (ZoomGov) (SHL) (Kirby, Dawn) |
| Filing 20 Certificate of Service of Interim Cash Collateral Order and Interim Employee Wage Order (related document(s)#19) Filed by Dawn Kirby on behalf of Volume Industries LLC. (Kirby, Dawn) |
| Filing 19 Interim Order Signed On 2/23/2024, (I) Authorizing Debtor-In-Possession To Use Cash Collateral, (2) Granting Replacement Liens And Other Adequate Protection, And (3) Affording Other Related Relief; With Hearing To Be Held On 2/28/2024 at 10:00 AM at Videoconference (ZoomGov) (SHL) (related document(s)#4) (Ebanks, Liza) |
| Filing 18 Interim Order Signed On 2/23/2024, (I) Authorizing The Debtor To Pay And Honor Certain Pre-Petition Claims For (A) Wages, Salaries, Employee Benefits And Other Compensation, And (B) Withholdings And Deductions; And (II) Directing Banks To Receive, Process, Honor And Payall Checks Presented For Payment And Electronic Payment Requests Relating To The Foregoing. With hearing to be held on 2/28/2024 at 10:00 AM at Videoconference (ZoomGov) (SHL) (related document(s)#5) (Ebanks, Liza) |
| Filing 17 Certificate of Mailing (related document(s) (Related Doc #13)) . Notice Date 02/14/2024. (Admin.) |
| Filing 16 Notice of Appearance filed by Mark S. Lichtenstein on behalf of Design Center, Inc.. (Lichtenstein, Mark) |
| Filing 15 Notice of Agenda /341 meeting dial in information Filed by Greg M. Zipes on behalf of United States Trustee. with hearing to be held on 2/29/2024 at 02:00 PM at Office of UST (TELECONFERENCE ONLY) - CHAPTER 11s (Zipes, Greg) |
| Filing 14 Notice of Appearance filed by Scott D. Fink on behalf of TOYOTA INDUSTRIES COMMERCIAL FINANCE INC.. (Fink, Scott) |
| Filing 13 Case Management Order Signed On 2/9/2024, Regarding Procedures in Chapter 11 Subchapter V Case, Scheduling Case Conference, and Setting Deadlines for Filing Plan ; With status hearing to be held on 3/20/2024 at 10:00 AM at Videoconference (ZoomGov) (SHL) Pre-Status Report Due By 3/6/2024. (related document(s)#1) (Ebanks, Liza) |
| Filing 12 Certificate of Service re: Notice of Hearing on First Day Motions together with Motions (related document(s)#5, #10, #4) Filed by Dawn Kirby on behalf of Volume Industries LLC. (Kirby, Dawn) |
| Filing 11 Notice of Appearance filed by Leo V Gagion on behalf of New York State Department Of Taxation and Finance. (Gagion, Leo) |
| Filing 10 Notice of Hearing on First Day Motions (related document(s)#5, #4) filed by Dawn Kirby on behalf of Volume Industries LLC. with hearing to be held on 2/8/2024 at 02:00 PM at Videoconference (ZoomGov) (SHL) (Kirby, Dawn) |
| Filing 9 Notice of Appearance filed by Thomas R. Slome on behalf of Dime Community Bank, formerly known as BNB Bank. (Attachments: #1 Certificate of Service)(Slome, Thomas) |
| Filing 8 Notice of Presentment of Motion for Order Establishing Deadline for Filing Proofs of Claim and Approving the Form and Manner of Notice Thereof (related document(s)#7) filed by Dawn Kirby on behalf of Volume Industries LLC. with presentment to be held on 3/4/2024 at 12:00 PM at Courtroom (SHL) (Attachments: #1 Certificate of service)(Kirby, Dawn) |
| Filing 7 Motion to Set Last Day to File Proofs of Claim and Approving the Form and Manner of Notice Thereof filed by Dawn Kirby on behalf of Volume Industries LLC. (Attachments: #1 Exhibit "A" Proposed Order #2 Exhibit "B" Bar Date Notice) (Kirby, Dawn) |
| Filing 6 Notice of Appointment of Trustee in a Chapter 11 Subchapter V Case Filed by Greg M. Zipes on behalf of United States Trustee. (Attachments: #1 verified statement)(Zipes, Greg) |
| Trustee Samuel Dawidowicz added to the case. (Vargas, Ana) |
| Filing 5 Motion to Authorize Debtor's Motion for an Order for authority to (1) pay and honor certain prepetition claims for (i) wages, salaries, employee benefits and other compensation, (ii) withholdings and deductions and (iii) reimbursable expenses; (2) continue to provide employee benefits in the ordinary course of business; (3) pay all related costs and expenses; and (B) directing banks to receive, process, honor and pay all checks presented for payment and electronic payment requests relating to the foregoing. filed by Dawn Kirby on behalf of Volume Industries LLC. (Attachments: #1 Exhibit A - Summary of Employees and Gross Wages #2 Proposed Interim Order) (Kirby, Dawn) |
| Filing 4 Motion to Approve Use of Cash Collateral filed by Dawn Kirby on behalf of Volume Industries LLC. (Attachments: #1 Exhibit A - Dime Term Loan Documents #2 Exhibit B - Dime Line of Credit Documents #3 Exhibit C - Dime Equipment Documents (part 1) #4 C - Dime Equipment Documents (part 2) #5 Exhibit D - Dime UCC-1 #6 Exhibit E - First Citizens Equipment Documents #7 Exhibit F - Proposed Cash Collateral Stipulation #8 Exhibit G - Budget #9 Proposed Order) (Kirby, Dawn) |
| Filing 3 Certificate of Mailing Re: Notice of 341(a) Meeting of Creditors (related document(s) (Related Doc #2)) . Notice Date 02/04/2024. (Admin.) |
| Filing 2 Notice of 341(a) Meeting of Creditors 341(a) meeting to be held on 2/29/2024 at 02:00 PM at Office of UST (TELECONFERENCE ONLY) - CHAPTER 11s. (Vargas, Ana) |
| Deadlines Updated: Chapter 11 Plan Small Business Subchapter V due: 5/2/2024. Chapter 11 Plan Small Business Subchapter V Status Conference to be Held Before 4/2/2024. (Porter, Minnie). |
| Judge Sean H. Lane added to the case. (Porter, Minnie). |
| Filing 1 Chapter 11 Subchapter V Voluntary Petition for Non-Individual. Order for Relief Entered. Chapter 11 Plan Small Business Subchapter V Due by 5/2/2024. Disclosure Statement due by 5/31/2024, Chapter 11 Plan Small Business Subchapter V Status Conference to be Held Before 4/2/2024. Filed by Dawn Kirby of Kirby Aisner & Curley, LLP on behalf of Volume Industries LLC. (Kirby, Dawn) Modified on 2/2/2024 (Porter, Minnie). |
| Receipt of Voluntary Petition (Chapter 11)(# 24-22094) [misc,824] (1738.00) Filing Fee. Receipt number A16502953. Fee amount 1738.00. (Re: Doc #1) (U.S. Treasury) |
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