Lathan Equipment Co., LLC
| Lathan Equipment Co., LLC |
| Joseph W. Allen |
| 1:2022bk10186 |
| March 4, 2022 |
| U.S. Bankruptcy Court for the Western District of New York |
| Carl L Bucki |
| Other |
Docket Report
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This docket was last retrieved on April 15, 2022. A more recent docket listing may be available from PACER.
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Filing 82
Order Granting Motion to Appear Pro Hac Vice for C. Randall Woolley (related doc(s): #80 Motion to Appear pro hac vice). Signed on 4/15/2022. (Bessinger, M.)
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| Filing 80 Motion to Appear pro hac vice for C. Randall Woolley (Attachments: #1 Proposed Order) Filed on behalf of Creditor Channel Partners Capital LLC (Woolley, Charles) |
| Filing 79 Small Business Monthly Operating Report for Filing Period March 2022; Filed on behalf of Debtor Lathan Equipment Co., LLC. Filed by Attorney (Ealy, David) |
| Filing 78 BNC Certificate of Mailing - Order (re: related document(s)#77 Order on Application to Employ). Notice Date 04/10/2022. (Admin.) |
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Filing 77
Order Granting Application to Employ David H. Ealy and Trevett Cristo as Attorney for Debtors (RE: related doc(s) #44 Application to Employ). Signed on 4/8/2022. (Bessinger, M.)
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| Filing 75 No Objection by UST. (TEXT ONLY EVENT) (RE: related document(s)#44 Application to Employ). Filed by Assistant U.S. Trustee Joseph W. Allen (Allen, Joseph) |
| Filing 74 Exhibit Revised Proposed Order per UST Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s)#44 Application to Employ) Filed by Attorney (Ealy, David) |
| Filing 73 Affidavit re: Supplemental (Corrected - Name of Debtor) Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s)#44 Application to Employ) Filed by Attorney (Ealy, David) |
| Filing 72 Affidavit re: Supplemental Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s)#44 Application to Employ) Filed by Attorney (Ealy, David) |
| Filing 71 Notice of Change of Address re First National Bank of Omaha Filed on behalf of Debtor Lathan Equipment Co., LLC. (Flag set: AddChg:n) Filed by Attorney (Ealy, David) |
| Filing 70 Ch. 11 Status Conference for the Debtor, Debtor's counsel and the United States Trustee. (TEXT ONLY EVENT) . Ch 11 Status Conference to be held on 8/24/2022 at 02:00 PM at Buffalo 341 - UST. Filed by Assistant U.S. Trustee Joseph W. Allen (Allen, Joseph) |
| Filing 69 Meeting of Creditors Closed. (TEXT ONLY EVENT) (RE: related document(s)#11 Meeting of Creditors Notice - Ch 11 & 12). Filed by Assistant U.S. Trustee Joseph W. Allen (Allen, Joseph) |
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Filing 68
Order Granting Motion to Appear Pro Hac Vice for Kenneth D. Peters (related doc(s): #64 Motion to Appear pro hac vice). Signed on 4/4/2022. (Bessinger, M.)
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| Filing 66 BNC Certificate of Mailing - Order (re: related document(s)#58 Order on Motion Re: Chapter 11 First Day Motions). Notice Date 04/01/2022. (Admin.) |
| Filing 65 BNC Certificate of Mailing - Notice of Entry. (re: related document(s)#58 Order on Motion Re: Chapter 11 First Day Motions). Notice Date 04/01/2022. (Admin.) |
| Filing 64 Ex Parte Motion to Appear pro hac vice for Kenneth D. Peters (Attachments: #1 Proposed Order) Filed on behalf of Creditor Navitas Credit Corp. (Peters, Kenneth) |
| Filing 63 BNC Certificate of Mailing - Order (re: related document(s)#57 Order on Motion Re: Chapter 11 First Day Motions). Notice Date 03/31/2022. (Admin.) |
| Filing 62 BNC Certificate of Mailing - Notice of Entry. (re: related document(s)#57 Order on Motion Re: Chapter 11 First Day Motions). Notice Date 03/31/2022. (Admin.) |
| Filing 61 Notice of Change of Address re Custom Milling & Consulting, Inc. Filed on behalf of Debtor Lathan Equipment Co., LLC. (Attachments: #1 Certificate of Service re Notices and 341 Notice to updated creditor address) (Flag set: AddChg:n) Filed by Attorney (Ealy, David) |
| Filing 60 BNC Certificate of Mailing. (re: related document(s)#54 Deficiency Notice). Notice Date 03/30/2022. (Admin.) |
| Filing 59 Hearing-Schedule Update (TEXT ONLY EVENT) (re: related document(s)#14 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). Hearing to be held on 6/6/2022 at 10:30 AM Buffalo(CLB)-Jackson Courthouse, Orleans Courtroom for #14, Before Judge Carl L. Bucki. (Bessinger, M.) |
| Filing 58 Second Interim Order Authorizing Debtor's Use of Cash Collateral, and Establishing Date for Further Hearing on Debtor's Motion for Leave to Use Cash Collateral (RE: related doc(s) #14 Motion Re: Chapter 11 First Day Motions). Signed on 3/30/2022. NOTICE OF ENTRY. (Bessinger, M.) |
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Filing 57
Order Authorizing Debtor to Maintain Prepetition Bank Accounts (RE: related doc(s) #15 Motion Re: Chapter 11 First Day Motions). Signed on 3/29/2022. NOTICE OF ENTRY. (Bessinger, M.)
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| Filing 56 Telephonic Hearing Continued(BK Motion) - Telephonic Appearances: J. Palermo - Infinity Global, R. Woolley - Channel Partners Capital LLC, Assistant U.S. Trustee Joseph W. Allen, Attorney for Debtor David H. Ealy (TEXT ONLY EVENT) (re: related document(s)#15 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). Telephonic Hearing to be held on 3/31/2022 at 02:00 PM Buffalo(CLB)-Jackson Courthouse, Orleans Courtroom for #15, Before Judge Carl L. Bucki. (Bessinger, M.) |
| Filing 55 Telephonic Hearing Continued(BK Motion) - Telephonic Appearances: J. Palermo - Infinity Global, R. Woolley - Channel Partners Capital LLC, Assistant U.S. Trustee Joseph W. Allen, Attorney for Debtor David H. Ealy (TEXT ONLY EVENT) (re: related document(s)#14 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). Telephonic Hearing to be held on 3/31/2022 at 02:00 PM Buffalo(CLB)-Jackson Courthouse, Orleans Courtroom for #14, Before Judge Carl L. Bucki. (Bessinger, M.) |
| Filing 54 Deficiency Notice. (re: related document(s)#51 Certificate of Service filed by Debtor Lathan Equipment Co., LLC). (Bessinger, M.) |
| Filing 53 BNC Certificate of Mailing - Order (re: related document(s)#49 Order on Motion Re: Chapter 11 First Day Motions). Notice Date 03/27/2022. (Admin.) |
| Filing 52 BNC Certificate of Mailing - Notice of Entry. (re: related document(s)#49 Order on Motion Re: Chapter 11 First Day Motions). Notice Date 03/27/2022. (Admin.) |
| Filing 51 Certificate of Service re Amended Schedules E/F, G, Declaration Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s)#50 Amendment to Schedules and/or Statements Already Filed) Filed by Attorney (Ealy, David) |
| Filing 50 Amended Schedules and/or Statements filed: Form 202 - Declaration for Non-Individual Debtors, Schedule E-F, Schedule G. Filed on behalf of Debtor Lathan Equipment Co., LLC. (Attachments: #1 Schedule Amended Schedule G #2 Declaration #3 Cover Sheet) Filed by Attorney (Ealy, David) CLERK'S NOTE: ENTRY MODIFIED TO REFLECT CORRECT FORM FILED. Modified on 3/28/2022 (Bessinger, M.). |
| Filing 49 Interim Order for Rollover Lien, Authorizing Debtor's Interim Use of Cash Collateral (RE: related doc(s) #14 Motion Re: Chapter 11 First Day Motions). Signed on 3/25/2022. NOTICE OF ENTRY. (Bessinger, M.) |
| Filing 48 Telephonic Hearing Held - Deferred to March 28, 2022. Final hearing to be held on March 28, 2022 at 3 pm. Telephonic Appearances: D. Ealy, J. Palermo, J. Zubler (re: related document(s)#15 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). (Gentz, M.) |
| Filing 47 Telephonic Hearing Held - Interim relief granted through March 28, 2022. Final telephonic hearing to be held on March 28, 2022 at 3 pm. Telephonic Appearances: D. Ealy, J. Palermo, J. Zubler (re: related document(s)#14 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). (Gentz, M.) |
| Filing 46 Certificate of Service Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s)#44 Application to Employ, #45 Exhibit) Filed by Attorney (Ealy, David) |
| Filing 45 Exhibit Proposed Order Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s)#44 Application to Employ) Filed by Attorney (Ealy, David) |
| Filing 44 Application to Employ David H. Ealy and Trevett Cristo as Attorneys. (Attachments: #1 Exhibit A - Retainer Letter #2 Affidavit) Filed on behalf of Debtor Lathan Equipment Co., LLC (Ealy, David) |
| Filing 43 Certificate of Service Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s) #32 Order on Motion Re: Chapter 11 First Day Motions, #33 Order on Motion Re: Chapter 11 First Day Motions) Filed by Attorney (Ealy, David). Modified on 3/15/2022 (Bessinger, M.). CLERK'S NOTE: RELATED DOCS. MODIFIED TO MATCH PDF. |
| Filing 42 BNC Certificate of Mailing - Order (re: related document(s)#33 Order on Motion Re: Chapter 11 First Day Motions). Notice Date 03/13/2022. (Admin.) |
| Filing 41 BNC Certificate of Mailing - Order (re: related document(s)#32 Order on Motion Re: Chapter 11 First Day Motions). Notice Date 03/13/2022. (Admin.) |
| Filing 40 BNC Certificate of Mailing - Notice of Entry. (re: related document(s)#33 Order on Motion Re: Chapter 11 First Day Motions). Notice Date 03/13/2022. (Admin.) |
| Filing 39 BNC Certificate of Mailing - Notice of Entry. (re: related document(s)#32 Order on Motion Re: Chapter 11 First Day Motions). Notice Date 03/13/2022. (Admin.) |
| Filing 38 Certificate of Service Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s)#32 Order on Motion Re: Chapter 11 First Day Motions) Filed by Attorney (Ealy, David) |
| Filing 37 Final Hearing Set: (re: related document(s)#15 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). Final Hearing to be held on 3/28/2022 at 03:00 PM Buffalo(CLB)-Jackson Courthouse, Orleans Courtroom for #15, (Bessinger, M.) |
| Filing 36 Interim Hearing Set(BK Motion) (TEXT ONLY EVENT) (re: related document(s)#15 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). Interim Hearing to be held on 3/21/2022 at 03:00 PM Buffalo(CLB)-Jackson Courthouse, Orleans Courtroom for #15, Before Judge Carl L. Bucki. (Bessinger, M.) |
| Filing 35 Final Hearing Set: (re: related document(s)#14 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). Final Hearing to be held on 3/28/2022 at 03:00 PM Buffalo(CLB)-Jackson Courthouse, Orleans Courtroom for #14, (Bessinger, M.) |
| Filing 34 Preliminary Hearing Set(BK Motion) (TEXT ONLY EVENT) (re: related document(s)#14 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). Preliminary Hearing to be held on 3/21/2022 at 03:00 PM Buffalo(CLB)-Jackson Courthouse, Orleans Courtroom for #14, Before Judge Carl L. Bucki. (Bessinger, M.) |
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Filing 33
Order Authorizing Debtor to Pay Pre-Petition Employee Wages, Expenses and Related Items; Authorizing and Directing Banks to Honor Employee Wages, Salary and Expense Reimbursement Checks (RE: related doc(s) #15 Motion Re: Chapter 11 First Day Motions). Signed on 3/11/2022. NOTICE OF ENTRY. (Bessinger, M.)
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| Filing 32 Emergency Order for Rollover Lien, Authorizing Debtor's Interim Use of Cash Collateral and Notice of Preliminary and Final Hearings (RE: related doc(s) #14 Motion Re: Chapter 11 First Day Motions). Signed on 3/11/2022. NOTICE OF ENTRY. (Bessinger, M.) |
| Filing 31 Telephonic Hearing Held - Emergency use of cash collateral approved per terms set in court. Proposed orders to be submitted. Preliminary hearing scheduled for March 21, 2022 at 3 pm. Final hearing scheduled for March 28, 2022 at 3 pm. Telephonic Appearances: D. Ealy, J. Allen (re: related document(s)#15 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). (Gentz, M.) |
| Filing 30 Telephonic Hearing Held - Emergency use of cash collateral approved per terms set in court. Proposed orders to be submitted. Preliminary hearing scheduled for March 21, 2022 at 3 pm. Final hearing scheduled for March 28, 2022 at 3 pm. Telephonic Appearances: D. Ealy, J. Allen (re: related document(s)#14 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). (Gentz, M.) |
| Filing 29 Telephonic Hearing Held - Motion withdrawn. Telephonic Appearances: D. Ealy, J. Allen (re: related document(s)#16 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). (Gentz, M.) |
| Filing 28 BNC Certificate of Mailing - Order (re: related document(s)#13 Chapter 11 Order to Cure Deficiencies and/or Designating DIP). Notice Date 03/09/2022. (Admin.) |
| Filing 27 BNC Certificate of Mailing - Notice of Entry. (re: related document(s)#13 Chapter 11 Order to Cure Deficiencies and/or Designating DIP). Notice Date 03/09/2022. (Admin.) |
| Filing 26 BNC Certificate of Mailing. (re: related document(s)#10 Notification of Case Opening Deficiency). Notice Date 03/09/2022. (Admin.) |
| Filing 25 BNC Certificate of Mailing - Meeting of Creditors. (re: related document(s)#11 Meeting of Creditors Notice - Ch 11 & 12). Notice Date 03/09/2022. (Admin.) |
| Filing 24 Notice That Hearing will be held Telephonically ONLY and REVISED CALL-IN INSTRUCTIONS (re: related document(s)#14 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC, #15 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC, #16 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC). (Bessinger, M.) |
| Filing 23 Hearing Set(BK Motion) (TEXT ONLY EVENT) (re: related document(s)#14 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC, #15 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC, #16 Motion Re: Chapter 11 First Day Motions filed by Debtor Lathan Equipment Co., LLC, #18 Amended Motion filed by Debtor Lathan Equipment Co., LLC, #20 Amended Motion filed by Debtor Lathan Equipment Co., LLC). Hearing to be held on 3/10/2022 at 11:00 AM Buffalo(CLB)-Jackson Courthouse, Orleans Courtroom for #16 and for #14 and for #15, Before Judge Carl L. Bucki. (Bessinger, M.) |
| Filing 22 Supplemental Certificate of Service Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s)#14 Motion Re: Chapter 11 First Day Motions, #15 Motion Re: Chapter 11 First Day Motions, #16 Motion Re: Chapter 11 First Day Motions, #17 Motion Re: Chapter 11 First Day Motions, #18 Amended Motion, #19 Exhibit, #20 Amended Motion) Filed by Attorney (Ealy, David) |
| Filing 21 Certificate of Service Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s)#14 Motion Re: Chapter 11 First Day Motions, #15 Motion Re: Chapter 11 First Day Motions, #16 Motion Re: Chapter 11 First Day Motions, #17 Motion Re: Chapter 11 First Day Motions, #18 Amended Motion, #19 Exhibit, #20 Amended Motion) Filed by Attorney (Ealy, David) |
| Filing 20 Amended Motion. Reason for Amended Motion: Second Amended Notice of First Day Hearings (Address of Court) (related doc(s): #14 Motion Re: Chapter 11 First Day Motions, #15 Motion Re: Chapter 11 First Day Motions, #16 Motion Re: Chapter 11 First Day Motions, #17 Motion Re: Chapter 11 First Day Motions, #18 Amended Motion) Filed on behalf of Debtor Lathan Equipment Co., LLC (Ealy, David) |
| Filing 19 Exhibit (Amended Exhbit B - Proposed Order) Filed on behalf of Debtor Lathan Equipment Co., LLC. (RE: related document(s)#14 Motion Re: Chapter 11 First Day Motions) Filed by Attorney (Ealy, David) |
| Filing 18 Amended Motion. Reason for Amended Motion: Amended Notice of Hearing on First Day Motions (related doc(s): #14 Motion Re: Chapter 11 First Day Motions, #15 Motion Re: Chapter 11 First Day Motions, #16 Motion Re: Chapter 11 First Day Motions, #17 Motion Re: Chapter 11 First Day Motions) Filed on behalf of Debtor Lathan Equipment Co., LLC (Ealy, David) |
| Filing 17 Motion Regarding Chapter 11 First Day Motions Motion for Expedited Hearing (Attachments: #1 Exhibit A - Proposed Order #2 Exhibit B - First Day Agenda #3 Exhibit C - Affidavit of Andrew J. Lathan #4 Exhibit D - Proposed Notice) Filed on behalf of Debtor Lathan Equipment Co., LLC (Ealy, David) |
| Filing 16 Motion Regarding Chapter 11 First Day Motions Employment of Ordinary Course Professionals (Attachments: #1 Exhibit A - Ordinary Course Professional Affidavit #2 Exhibit B - Proposed Order) Filed on behalf of Debtor Lathan Equipment Co., LLC (Ealy, David) |
| Filing 15 Motion Regarding Chapter 11 First Day Motions Motion to Authorize Payment of Prepetition Wages and Use of Prepetition Bank Accounts (Attachments: #1 Exhibit A - List of Employee Comp #2 Exhibit B - Proposed Order) Filed on behalf of Debtor Lathan Equipment Co., LLC (Ealy, David) |
| Filing 14 Emergency Motion Regarding Chapter 11 First Day Motions Motion for Use of Cash Collateral (Attachments: #1 Exhibit A - Cash Collateral Budget #2 Exhibit B - Proposed Order) Filed on behalf of Debtor Lathan Equipment Co., LLC (Ealy, David) |
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Filing 13
Order Designating Individual as Responsible Party and Directive for Employment of Counsel. Andrew J. Lathan designated as Principal. Signed on 3/7/2022 NOTICE OF ENTRY. (Bessinger, M.)
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| Filing 11 **TELEPHONIC** Meeting of Creditors Notice(Chapter 11). 341(a) meeting to be held on 4/6/2022 at 02:00 PM at Buffalo 341 - UST. Deadline to File a Complaint to Determine Dischargeability of Certain Debts: 6/6/2022. (Bessinger, M.) |
| Filing 10 Notification of Case Opening Deficiency and/or Procedure Errors. Official Form 201, Question 7 Part C. NAICS 4-digit code is incomplete. Mailing Matrix appears to contain incomplete addresses. (Bessinger, M.) |
| Filing 9 Judge Carl L. Bucki added to case (TEXT ONLY EVENT) (Bessinger, M.) |
| Filing 8 341 Meeting of Creditors Call-In Number: (866) 527-0448; Passcode: 9516322# (TEXT ONLY EVENT). Filed by Assistant U.S. Trustee Joseph W. Allen (Allen, Joseph) |
| Filing 7 Notice to the Court of Telephonic 341 assignment. 341 meeting will be held on: 4/6/2022 at 02:00 at Buffalo. (TEXT ONLY EVENT). Filed by Assistant U.S. Trustee Joseph W. Allen (Allen, Joseph) |
| Filing 6 Small Business Statement Pursuant to Section 1116 Filed on behalf of Debtor Lathan Equipment Co., LLC. Filed by Attorney (Ealy, David) |
| Filing 5 Corporate Resolution. Statement Regarding Authority to Sign and File Petition Filed on behalf of Debtor Lathan Equipment Co., LLC. Filed by Attorney (Ealy, David) |
| Filing 4 Balance Sheet for Small Business Filed on behalf of Debtor Lathan Equipment Co., LLC. Filed by Attorney (Ealy, David) |
| Filing 3 Cash Flow Statement for Small Business. Filed on behalf of Debtor Lathan Equipment Co., LLC. Filed by Attorney (Ealy, David) |
| Filing 2 Receipt of Statutory Fee for Voluntary Petition (Chapter 11)(# 1-22-10186) [misc,volp11] (1738.00). Receipt #A14296331, Amount Received $1738.00. (U.S. Treasury) |
| Filing 1 Chapter 11 Voluntary Petition(Small Business)(Non-Individual)(Non-Railroad). Filing Fee Due: $1738.00. Filed by Lathan Equipment Co., LLC Chapter 11 Small Business Plan due by 12/29/2022. (Flag set: PlnDue, SmBus) (Ealy, David) |
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| Debtor: Lathan Equipment Co., LLC | |
| Represented By: | David H. Ealy |
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| Us trustee: Joseph W. Allen | |
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