The Factory Sports Training Facility, LLC
| The Factory Sports Training Facility, LLC |
| Kathleen Dunivin Schmitt and William K. Harrington |
| Mark Schlant, Ch.11 |
| 2:2023bk20040 |
| January 26, 2023 |
| U.S. Bankruptcy Court for the Western District of New York |
| Warren, USBJ |
| Other |
Docket Report
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This docket was last retrieved on March 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 64 BNC Certificate of Mailing - Order (re: related document(s)#61 CMO - CALL-IN INSTRUCTIONS for hearings ON OR AFTER 12-1-2021). Notice Date 03/18/2023. (Admin.) |
| Filing 63 Fee Deferred for Adversary case 2:23-ap-2005. Receipt Number DEFERRED, Fee Amount $350. (TEXT ONLY EVENT) (Putnam, S.) |
| Filing 62 Hearing-Schedule Update per BENCH ORDER at 3/16/23 hearing. (TEXT ONLY EVENT) (re: related document(s)#47 Motion for Relief From Stay filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #49 Cover sheet. filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #51 Proposed Order filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #54 Proposed Order filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #61 CMO - CALL-IN INSTRUCTIONS for hearings ON OR AFTER 12-1-2021). Hearing to be held on 4/6/2023 at 11:00 AM Rochester Courtroom for #47, (Folwell, T.) |
| Filing 61 Case Management Order: CALL-IN INSTRUCTIONS FOR MATTERS SCHEDULED FOR HEARING ON OR AFTER DECEMBER 1, 2021 Signed on 3/16/2023 (RE: related document(s)#47 Motion for Relief From Stay filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC). (Teutonico, C.) |
| Filing 60 Hearing Set Pending Opposition. (TEXT ONLY EVENT) (re: related document(s)#47 Motion for Relief From Stay filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #49 Cover sheet. filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #51 Proposed Order filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #54 Proposed Order filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #58 Certificate of Service filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC). Hearing set for 4/6/2023 at 09:00 AM Rochester Courtroom for #47, (Teutonico, C.) |
| Filing 59 Hearing Continued(BK Motion) - This hearing is in lieu of the status conference set for 3/22/23 since all the parties are present. BENCH ORDER: Motion is adjourned to track with motion for relief from stay on 4/6/23 @ 11:00 am. The 362 motion is moved to 11:00 am. The motion need not be re-noticed. Submissions due by 12 noon (EST) on 3/30/23, any reply must be submitted not less than 72 hours prior to the motion. For the reasons stated on the record, the Court will not entertain the motions filed in AP No. 23-2005, at ECF #2 and ECF#3 as they seek relief that can only be sought by Adversary Proceeding pursuant to Bankruptcy Rule 7001.Telephonic Appearances: Shannon Scott, Office of US Trustee, Mark Schlant, Chapter 11 Subchapter V Trustee, David Ealy Attorney for debtor, Brian McClare, principal, Meghan Breen Attorney for Empire State Certified Development Corporation dba Pursuit CDC, Kevin Tompsett Attorney for E&J Elite Properties LLC. (TEXT ONLY EVENT) (re: related document(s)#33 Motion to Dismiss Case (Other) filed by U.S. Trustee William K. Harrington, #39 Amended Motion filed by U.S. Trustee William K. Harrington, #41 CMO - CALL-IN INSTRUCTIONS for hearings ON OR AFTER 12-1-2021, #50 Response filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #55 Response filed by Debtor The Factory Sports Training Facility, LLC, #57 Response filed by Notice of Appearance Creditor E & J Elite Properties LLC). Hearing to be held on 4/6/2023 at 11:00 AM Rochester Courtroom for #33, Before Judge Warren. (Folwell, T.) |
| Filing 58 Certificate of Service Filed on behalf of Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC. (RE: related document(s)#47 Motion for Relief From Stay, #49 Cover sheet., #54 Proposed Order) Filed by Attorney (Breen, Meghan) |
| Filing 57 Response to US Trustee's Motion to Dismiss (related document #39 Amended Motion). (Attachments: #1 Exhibit A) Filed on behalf of Notice of Appearance Creditor E & J Elite Properties LLC (Tompsett, Kevin). Related document(s) #33 Motion to Dismiss Case. Reason for Motion to Dismiss: Failure to maintain adequate insurance pursuant to 11 U.S.C. 1112(b)(4)(C). filed by U.S. Trustee William K. Harrington. Modified on 3/16/2023 (Folwell, T.). |
| Filing 56 Response to US Trustee's Motion to Dismiss (related document #39 Amended Motion). Filed by Trustee (Schlant, Mark) |
| Filing 55 Opposition Response to (related document #33 Motion to Dismiss Case (Other), #39 Amended Motion). (Attachments: #1 Exhibit A - Adversary Complaint #2 Exhibit B - Proof of Insurance #3 Exhibit C - PAC Lease #4 Exhibit D - McClare Affidavit) Filed on behalf of Debtor The Factory Sports Training Facility, LLC (Ealy, David) |
| Filing 54 Proposed Order Filed on behalf of Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC. (RE: related document(s)#47 Motion for Relief From Stay, #49 Cover sheet.) Filed by Attorney (Breen, Meghan) |
| Filing 53 Deficiency Notice. (re: related document(s)#47 Motion for Relief From Stay filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #49 Cover sheet. filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC, #51 Proposed Order filed by Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC). (Teutonico, C.) |
| Filing 52 Adversary case 2-23-02005. 91 (Declaratory judgment) 11 (Recovery of money/property - 542 turnover of property) 14 (Recovery of money/property - other) 81 (Subordination of claim or interest). Complaint Filed by The Factory Sports Training Facility, LLC vs PAC Training Facility LLC, E & J Elite Properties LLC, Edward Sundberg. The Plaintiff is the Ch 11 Debtor. Statutory Fee Due: $350 - DEFERRED. (Attachments: #1 Exhibit A - List of Equipment #2 Exhibit B - Text Message #3 Exhibit C - Text Message #4 Exhibit D - Text Messages #5 Exhibit E - Text Message #6 Exhibit F - Email #7 Exhibit G - PAC Lease #8 Supplement Proposed Summons) (Flag set: AP, APpending, DEFER) (Ealy, David) |
| Filing 51 Proposed Order Filed on behalf of Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC. (RE: related document(s)#47 Motion for Relief From Stay, #49 Cover sheet.) Filed by Attorney (Breen, Meghan) |
| Filing 50 Response to (related document #33 Motion to Dismiss Case (Other)). (Attachments: #1 Certificate of Service) Filed on behalf of Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC (Breen, Meghan) |
| Filing 49 Cover sheet and Notice of Motion for Relief from Stay Filed on behalf of Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC. (RE: related document(s)#47 Motion for Relief From Stay) (Attachments: #1 Notice #2 Certificate of Service) Filed by Attorney (Breen, Meghan) CLERK'S NOTE: DOCKET TEXT MODIFIED TO REFLECT DOCUMENTS FILED. Modified on 3/14/2023 (Teutonico, C.). |
| Filing 48 Receipt of Statutory Fee for Motion for Relief From Stay(# 2-23-20040-PRW) [motion,mrlfsty] ( 188.00). Receipt #A14532105, Amount Received $ 188.00. (U.S. Treasury) |
| Filing 47 Motion for Relief from Stay re: Sporting Equipment. Fee Amount $ 188. (Attachments: #1 Cover Sheet #2 Exhibits A-F) Filed on behalf of Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC (Breen, Meghan) CLERK'S NOTE: FOR NOTICE OF MOTION SEE ECF NO. #49. Modified on 3/14/2023 (Teutonico, C.). |
| Filing 46 BNC Certificate of Mailing - Order (re: related document(s)#36 Order on Application to Employ). Notice Date 03/12/2023. (Admin.) |
| Filing 45 BNC Certificate of Mailing - Order (re: related document(s)#34 Order on Motion to Shorten Time). Notice Date 03/12/2023. (Admin.) |
| Filing 44 BNC Certificate of Mailing - Notice of Entry. (re: related document(s)#34 Order on Motion to Shorten Time). Notice Date 03/12/2023. (Admin.) |
| Filing 43 BNC Certificate of Mailing - Order (re: related document(s)#41 CMO - CALL-IN INSTRUCTIONS for hearings ON OR AFTER 12-1-2021). Notice Date 03/12/2023. (Admin.) |
| Filing 42 Request by the Court for the Bankruptcy Noticing Center to send attached pdf to additional recipient(s). (re: related document(s)#41 CMO - CALL-IN INSTRUCTIONS for hearings ON OR AFTER 12-1-2021). (Teutonico, C.) |
| Filing 41 Case Management Order: CALL-IN INSTRUCTIONS FOR MATTERS SCHEDULED FOR HEARING ON OR AFTER DECEMBER 1, 2021 Signed on 3/10/2023 (RE: related document(s)#33 Motion to Dismiss Case (Other) filed by U.S. Trustee William K. Harrington). (Teutonico, C.) |
| Filing 40 Hearing Set(BK Motion) (TEXT ONLY EVENT) (re: related document(s)#33 Motion to Dismiss Case (Other) filed by U.S. Trustee William K. Harrington, #38 Certificate of Service filed by U.S. Trustee William K. Harrington, #39 Amended Motion filed by U.S. Trustee William K. Harrington). Hearing to be held on 3/16/2023 at 11:00 AM Rochester Courtroom for #33, Before Judge Warren. (Teutonico, C.) |
| Filing 39 Amended Motion. (related doc(s): #33 Motion to Dismiss Case (Other)) Filed on behalf of U.S. Trustee William K. Harrington (Teutonico, C.) |
| Filing 38 Certificate of Service Notice of Motion, Memorandum of Law in Support of the Motion to Dismiss this Case, or Alternatively, to Convert this Case to a Case under Chapter 7, for Cause pursuant to 11 U.S.C. 1112(b)(4)(C) and Endorsed Order Granting Motion to Shorten Time Filed on behalf of U.S. Trustee William K. Harrington. (RE: related document(s)#33 Motion to Dismiss Case (Other), #34 Order on Motion to Shorten Time, #37 Motion to Dismiss Case (Other)) Filed by Attorney (Scott, Shannon) |
| Filing 37 Motion to Dismiss Case. Reason for Motion to Dismiss: Failure to maintain adequate insurance pursuant to 11 U.S.C. Section 1112(b)(4)(C). NOTICE OF MOTION Filed on behalf of U.S. Trustee William K. Harrington (Scott, Shannon) CLERK'S NOTE: REDOCKETED TO SELECT CORRECT EVENT, SEE ECF NO #39. Modified on 3/10/2023 (Teutonico, C.). |
Filing 36
Order Granting Application to Employ David H. Ealy and the law firm of Trevett Cristo as Attorneys for Debtor-in-Possession (RE: related doc(s) #25 Application to Employ). Signed on 3/10/2023. (Teutonico, C.)
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| Filing 35 Set Compliance with Order Deadline(TEXT ONLY EVENT) RE: Service of Notice of Motion, Motion and Order Shortening Time, Compliance with Order due on or before 3:30 p.m. on 3/10/2023. (Teutonico, C.) Modified on 3/10/2023 (Teutonico, C.). |
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Filing 34
Order Granting Motion to Shorten Time (RE: related doc(s) #32 Motion to Shorten Time). Signed on 3/10/2023. NOTICE OF ENTRY. (Teutonico, C.)
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| Filing 33 Motion to Dismiss Case. Reason for Motion to Dismiss: Failure to maintain adequate insurance pursuant to 11 U.S.C. 1112(b)(4)(C). Filed on behalf of U.S. Trustee William K. Harrington (Scott, Shannon) |
| Filing 32 Motion to Shorten Time for the Motion to Dismiss this Case, or Alternatively, to Convert this Case to a Case under Chapter 7, for Cause pursuant to 11 U.S.C. 1112(b)(4)(C) Filed on behalf of U.S. Trustee William K. Harrington (Scott, Shannon) |
| Filing 31 No Objection by UST. (TEXT ONLY EVENT) Filed on behalf of U.S. Trustee William K. Harrington. (RE: related document(s)#25 Application to Employ) Filed by Attorney (Scott, Shannon) |
| Filing 30 Certificate of Service Filed on behalf of Debtor The Factory Sports Training Facility, LLC. (RE: related document(s)#28 Pre-Status Conference Report) Filed by Attorney (Ealy, David) |
| Filing 29 Meeting of Creditors Closed. Appearances: David H. Ealy, Esq., Mark Schlant, Esq., Meghan Breech, Kevin Tompsett, Esq. (RE: related document(s)#15 Meeting of Creditors Notice - Ch 11 & 12). Filed by Assistant U.S. Trustee Kathleen Dunivin Schmitt (Schmitt, Kathleen) |
| Filing 28 Pre-Status Conference Report Filed on behalf of Debtor The Factory Sports Training Facility, LLC. (RE: related document(s)#1 Voluntary Petition (Chapter 11)) Filed by Attorney (Ealy, David) |
| Filing 27 Pre-Status Conference Report Filed on behalf of Debtor The Factory Sports Training Facility, LLC. (RE: related document(s)#1 Voluntary Petition (Chapter 11), #8 Ch. 11 Subchapter V Status Conference) Filed by Attorney (Ealy, David) CLERK'S NOTE: PER ATTORNEY, INCOMPLETE PDF. SEE DOC. #28 FOR COMPLETE PDF. Modified on 3/8/2023 (Lawson, L.). |
| Filing 26 List of Creditors who have the 20 Largest Unsecured Claims Against You and Are Not Insiders (Amended) Filed on behalf of Debtor The Factory Sports Training Facility, LLC. (Attachments: #1 Cover Sheet) Filed by Attorney (Ealy, David) |
| Filing 25 Ex Parte Application to Employ Trevett Cristo/David H. Ealy, Esq. as Attorneys for Debtor-in-Possession. (Attachments: #1 Affidavit of Attorney #2 Supplement Supplemental Affidavit #3 Proposed Order) Filed on behalf of Debtor The Factory Sports Training Facility, LLC (Ealy, David) |
| Filing 24 BNC Certificate of Mailing. (re: related document(s)#23 Deficiency Notice). Notice Date 02/17/2023. (Admin.) |
| Filing 23 Deficiency Notice. (re: related document(s)#20 Cover sheet. filed by Debtor The Factory Sports Training Facility, LLC, 2016B Disclosure of Compensation of Attorney for Debtor, Amendment to Schedules and/or Statements Already Filed, Declaration, Mailing Matrix). (Teutonico, C.) |
| Filing 22 Supplemental Cover sheet. (Signed) Filed on behalf of Debtor The Factory Sports Training Facility, LLC. (RE: related document(s)#20 Cover sheet., 2016B Disclosure of Compensation of Attorney for Debtor, Amendment to Schedules and/or Statements Already Filed, Declaration, Mailing Matrix) Filed by Attorney (Ealy, David) |
| Filing 21 Receipt of Statutory Fee for Amendment to Schedules and/or Statements Already Filed(# 2-23-20040-PRW) [misc,amsched] ( 32.00). Receipt #A14513608, Amount Received $ 32.00. (U.S. Treasury) |
| Filing 20 Cover sheet. , 2016B Disclosure of Compensation of Attorney for Debtor , Amended Schedules and/or Statements filed: Form 202 - Declaration for Non-Individual Debtors, Schedule A-B, Schedule C, Schedule D, Schedule E-F, Schedule G, Schedule H, Summary of Assets and Liabilities, Statement of Financial Affairs, Attorney Disclosure Statement. This Filing includes: Adding Creditors. Fee Amount $ 32., Declaration re: Non-Individual Debtors, Mailing Matrix filed. Filed on behalf of Debtor The Factory Sports Training Facility, LLC. Filed by Attorney (Ealy, David) |
| Filing 19 Notice of Appearance and Request for Notice by Kevin Tompsett of Harris Beach PLLC. Filed on behalf of Notice of Appearance Creditor E & J Elite Properties LLC. Filed by Attorney (Tompsett, Kevin) |
| Filing 18 BNC Certificate of Mailing - Meeting of Creditors. (re: related document(s)#15 Meeting of Creditors Notice - Ch 11 & 12). Notice Date 02/01/2023. (Admin.) |
| Filing 17 Notice of Appearance and Request for Notice by Paul A. Levine of Lemery Greisler, LLC. Filed on behalf of Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC. Filed by Attorney (Levine, Paul) |
| Filing 16 Notice of Appearance and Request for Notice by Meghan M Breen of Lemery Greisler LLC. Filed on behalf of Notice of Appearance Creditor Empire State Certified Development Corporation dba Pursuit CDC. Filed by Attorney (Breen, Meghan) |
| Filing 15 **TELEPHONIC** Meeting of Creditors Notice(Chapter 11)(Subchapter V). 341(a) meeting to be held on 3/2/2023 at 02:00 PM BY TELEPHONE. Deadline to File a Complaint to Determine Dischargeability of Certain Debts: 5/1/2023. Proofs of Claims due by 4/6/2023. (Teutonico, C.) |
| Filing 14 Mark Schlant, Ch.11 added to case (TEXT ONLY EVENT) (Teutonico, C.) |
| Filing 13 BNC Certificate of Mailing - Order (re: related document(s)#8 Ch. 11 Subchapter V Status Conference). Notice Date 01/29/2023. (Admin.) |
| Filing 12 BNC Certificate of Mailing - Order (re: related document(s)#7 Chapter 11 Order to Cure Deficiencies and/or Designating DIP). Notice Date 01/29/2023. (Admin.) |
| Filing 11 341 Meeting of Creditors Call-In Number: 877-716-9137; Passcode: 1402861 (TEXT ONLY EVENT). Filed by Assistant U.S. Trustee Kathleen Dunivin Schmitt (Schmitt, Kathleen) |
| Filing 10 Notice to the Court of Telephonic 341 assignment. Mark Schlant, Esq. appointed as Trustee by the United States Trustee . 341 meeting will be held on: 3/2/2023 at 02:00 Rochester 341. (TEXT ONLY EVENT). Filed by Assistant U.S. Trustee Kathleen Dunivin Schmitt (Schmitt, Kathleen) |
| Filing 9 Notice of Appointment of Trustee. (Attachments: #1 Verified Statement of Disinterestedness) Filed by Assistant U.S. Trustee Kathleen Dunivin Schmitt (Schmitt, Kathleen) |
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Filing 8
Order Setting (A) Status Conference (B) Claims Bar Date (C) Deadline for Election under 11 U.S.C. Section 1111(b)(2) and (D) Other Deadlines. Signed on 1/27/2023 Compliance with Order due by 3/8/2023. Status hearing to be held on 3/22/2023 at 10:00 AM Rochester Courtroom.Pre-Status Conference Report due by 3/8/2023. (Lawson, L.) CLERK'S NOTE: SEE ATTACHED PDF FOR TELEPHONIC INFORMATION. Modified on 1/27/2023 (Lawson, L.).
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Filing 7
Order to Cure Deficiencies and Designating Individual as Responsible Party and Directive for Employment of Counsel. Brian A. McClare designated as Principal. Signed on 1/27/2023 Incomplete Filings due by 2/9/2023. (Lawson, L.)
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| Filing 6 Statement of Operations for Small Business Filed on behalf of Debtor The Factory Sports Training Facility, LLC. Filed by Attorney (Ealy, David) |
| Filing 5 Cash Flow Statement for Small Business. Filed on behalf of Debtor The Factory Sports Training Facility, LLC. Filed by Attorney (Ealy, David) |
| Filing 4 Balance Sheet for Small Business Filed on behalf of Debtor The Factory Sports Training Facility, LLC. Filed by Attorney (Ealy, David) |
| Filing 3 Judge Warren, U.S.B.J. added to case (TEXT ONLY EVENT) (Teutonico, C.) |
| Filing 2 Receipt of Statutory Fee for Voluntary Petition (Chapter 11)(# 2-23-20040) [misc,volp11] (1738.00). Receipt #A14505254, Amount Received $1738.00. (U.S. Treasury) |
| Filing 1 Chapter 11 Voluntary Petition(Small Business)(SubChapter V)(Non-Individual)(Non-Railroad). Filing Fee Due: $1738.00. Filed by The Factory Sports Training Facility, LLC Ch 11 Subchapter V Plan due by: 04/26/2023. (Flag set: PlnDue, SmBus, Subchapter_V) (Ealy, David) |
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