40 & Holding LLC
| 40 & Holding LLC |
| 5:2023bk01637 |
| June 13, 2023 |
| U.S. Bankruptcy Court for the Eastern District of North Carolina |
| Joseph N Callaway |
| Other |
Docket Report
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This docket was last retrieved on August 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Deadline(s) Terminated/ Monthly Report filed. (related document no.#53 Order on Motion to Extend Time) (Felder-Campbell, Jade) |
| Filing 54 Monthly Report for the Month of June 2023 filed by Kathleen O'Malley on behalf of 40 & Holding LLC. (O'Malley, Kathleen) |
| There is not sufficient interest for the Bankruptcy Administrator to organize and recommend to the Court the appointment of a committee of creditors holding unsecured claims against the Debtor (11 U.S.C. 1102(b)(1)) filed by Kirstin E. Gardner on behalf of Bankruptcy Administrator. (Gardner, Kirstin) |
| Chapter 11 341 Meeting Minutes - On July 7, 2023 the Bankruptcy Administrator conducted and concluded the 341 Meeting for 40 & Holding LLC. Debtor(s) Officer and Attorney for Debtor(s) were present at the meeting filed by Kirstin E. Gardner on behalf of Bankruptcy Administrator (related document no.#4 Meeting of Creditors Chapter 11). (Gardner, Kirstin) |
Filing 53
Order Granting Motion to Extend Time (Related Doc #51) Monthly Report Due by 8/7/2023. (Felder-Campbell, Jade)
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| Receipt Of Filing Fee For Payment of Quarterly Fees(# 23-01637-5-JNC) [misc,payqf] ( 290.69), Receipt Number A17425161, Amount $ 290.69. (U.S. Treasury) |
| Payment of Quarterly Fees in the amount of $290.69 filed by Kathleen O'Malley on behalf of 40 & Holding LLC. (O'Malley, Kathleen) |
| Filing 52 Exhibit(s) filed by Kathleen O'Malley on behalf of 40 & Holding LLC (RE: related document(s)#51 Motion to Extend Time to File Monthly Reports). (O'Malley, Kathleen) **Corrective Entry: Amended/Amendment to Exhibit(s) filed by Kathleen O'Malley on behalf of 40 & Holding LLC (RE: related document(s)#51 Motion to Extend Time to File Monthly Reports).** Modified on 8/3/2023 (Shum-Drake, Kelly). |
| Filing 51 Motion to Extend Time to File Monthly Reports filed by Kathleen O'Malley on behalf of 40 & Holding LLC (O'Malley, Kathleen) **Amended Exhibit by Docket Entry #52.** Modified on 8/1/2023 (Felder-Campbell, Jade). |
| Filing 50 PDF with attached Audio File. Court Date & Time [07/27/2023 01:32:18 PM]. File Size [ 1800 KB ]. Run Time [ 00:03:44 ]. (Status Conference). (admin). |
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Filing 49
Order Granting Application to Employ (Related Doc #41) (Felder-Campbell, Jade)
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| Recommendation Regarding Motion (No Objection) [KG] filed by Kirstin E. Gardner on behalf of Bankruptcy Administrator (related document no.#41 Application to Employ). (Gardner, Kirstin) |
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Filing 48
Order Granting Application for Approval of Officer Compensation (Related Doc #37) (Felder-Campbell, Jade)
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| Filing 47 Certificate of Service filed by Kathleen O'Malley on behalf of 40 & Holding LLC (RE: related document(s)#45 Interim Order). (O'Malley, Kathleen) |
| Filing 46 BNC Certificate Of Mailing - Order Notice Date 07/15/2023. (Related Doc #44) (Admin.) |
| Filing 45 Second Interim Order Authorizing Use of Cash Collateral. Hearing scheduled for 8/22/2023 at 10:30 AM at Greenville Courtroom (New) (RE: related document(s)#7 Cash Collateral filed by Debtor 40 & Holding LLC). (Felder-Campbell, Jade) |
| Note to Courtroom Deputy - Add to Calendar 8/22 (related document no.#45 Interim Order) (Felder-Campbell, Jade) |
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Filing 44
Order Setting Status Conference Status hearing to be held on 7/27/2023 at 01:30 PM at Zoom Hearing. . (Payne, Lisa)
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| Recommendation Regarding Motion (No Objection) [RPH] filed by Kirstin E. Gardner on behalf of Bankruptcy Administrator (related document no.#37 Application for Approval of Officer Compensation). (Gardner, Kirstin) |
| Filing 43 Statement of Financial Affairs - / Fee Not Required filed by William P Janvier on behalf of 40 & Holding LLC. (Janvier, William) |
| Filing 42 PDF with attached Audio File. Court Date & Time [07/11/2023 11:05:54 AM]. File Size [ 20643 KB ]. Run Time [ 00:44:07 ]. (Motion to Use Cash Collateral). (admin). |
| Filing 41 Application to Employ Debra Fowler as CPA Recommendation due 7/25/2023 filed by Kathleen O'Malley on behalf of 40 & Holding LLC (O'Malley, Kathleen) |
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Filing 40
Order Granting Motion to Waive 4002-1 Requirement (Related Doc #38) (Felder-Campbell, Jade)
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| 341 Meeting Not Concluded (Other) Statement of Financial Affairs not filed. filed by Kirstin E. Gardner on behalf of Bankruptcy Administrator. (Gardner, Kirstin) |
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Filing 39
Order Granting Application to Employ William P. Janvier and Stevens Martin Vaughn & Tadych, PLLC as Attorney for Debtor (Related Doc #26). (Felder-Campbell, Jade)
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| Recommendation Regarding Motion (No Objection) [TLA] filed by Kirstin E. Gardner on behalf of Bankruptcy Administrator (related document no.#26 Application to Employ). (Gardner, Kirstin) |
| Filing 38 Motion to Waive Local Rule 4002-1 Requirement filed by Kathleen O'Malley on behalf of 40 & Holding LLC (O'Malley, Kathleen) |
| NOTE: Case manager assigned to case is Jade Felder-Campbell (Gurgone, Christy) |
| Filing 37 Application for Approval of Officer Compensation (Michael Ruiz as Manager) Recommendation due 7/13/2023 filed by Kathleen O'Malley on behalf of 40 & Holding LLC (O'Malley, Kathleen) |
| Filing 36 Attorney Statement of Compensation filed by William P Janvier on behalf of 40 & Holding LLC. (Janvier, William) |
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Filing 35
Order Granting Motion to Extend Time (Related Doc #31) Statement of Financial Affairs Due by 7/11/2023. (Angel, Sharon)
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| Filing 34 Notice of Disputed, Contingent and/or Unliquidated Claim(s) filed by Kathleen O'Malley on behalf of 40 & Holding LLC.(O'Malley, Kathleen) |
| Filing 33 Notice of Disputed, Contingent and/or Unliquidated Claim(s) filed by Kathleen O'Malley on behalf of 40 & Holding LLC.(O'Malley, Kathleen) |
| Filing 32 Notice of Disputed, Contingent and/or Unliquidated Claim(s) filed by Kathleen O'Malley on behalf of 40 & Holding LLC.(O'Malley, Kathleen) |
| Filing 31 Motion to Extend Time for TO FILE STATEMENT OF FINANCIAL AFFAIRS filed by William P Janvier on behalf of 40 & Holding LLC (Janvier, William) |
| Filing 30 Schedules and Statements - - / Fee Not Required filed by William P Janvier on behalf of 40 & Holding LLC. (Janvier, William) **Corrective Entry: Declaration by Debtor(s), Summary of Schedules, Schedule A/B, Schedule D, Schedule E/F, Schedule G , Schedule H - / Fee Not Required filed by William P Janvier on behalf of 40 & Holding LLC.** Modified on 7/7/2023 (Wright, Dawn). |
| The Intake Notice has been sent by the Bankruptcy Administrator filed by Kirstin E. Gardner on behalf of Bankruptcy Administrator. (Gardner, Kirstin) |
| Filing 29 Certificate of Service filed by Kathleen O'Malley on behalf of 40 & Holding LLC (RE: related document(s)#28 Interim Order). (O'Malley, Kathleen) |
| Filing 28 Interim Order Authorizing Use of Cash Collateral. Hearing scheduled for 7/11/2023 at 11:00 AM at Greenville Courtroom (New) (RE: related document(s)#7 Cash Collateral filed by Debtor 40 & Holding LLC). (Donnery, Erin) |
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Filing 27
Order Granting Motion to Pay Pre-Petition Wages (Related Doc #14) (Donnery, Erin)
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| Note to Courtroom Deputy - Add to Calendar 7/11 (related document no.#28 Interim Order) (Donnery, Erin) |
| Filing 26 Application to Employ William P. Janvier and Stevens Martin Vaughn & Tadych, PLLC as Attorney for Debtor Recommendation due 7/5/2023 filed by Kathleen O'Malley on behalf of 40 & Holding LLC (O'Malley, Kathleen) |
| Filing 25 BNC Certificate Of Mailing - Order Notice Date 06/16/2023. (Related Doc #12) (Admin.) |
| Filing 24 BNC Certificate Of Mailing - Order Notice Date 06/16/2023. (Related Doc #5) (Admin.) |
| Filing 23 BNC Certificate of Mailing - Meeting of Creditors Notice Date 06/16/2023. (Related Doc #4) (Admin.) |
| Deadline(s) Terminated - Hearings held. (related document no.#10 Order on Application to Reduce Response Time, Order on Motion for Expedited Hearing, Order on Amended Motion/Application, #16 Order on Application to Reduce Response Time, Order on Motion for Expedited Hearing) (Angel, Sharon) |
| Filing 22 PDF with attached Audio File. Court Date & Time [06/15/2023 11:01:02 AM]. File Size [ 28456 KB ]. Run Time [ 01:00:51 ]. (Motion to Use Cash Collateral). (admin). |
| NOTE: DEBN Account(s) Activated (related document(s): #2 Request re: Debtor Electronic Notice) (Felder-Campbell, Jade) |
| Filing 21 Certificate of Service filed by Kathleen O'Malley on behalf of 40 & Holding LLC (RE: related document(s)#15 Application to Reduce Response Time, Motion to Expedite Hearing, #16 Order on Application to Reduce Response Time, Order on Motion for Expedited Hearing). (O'Malley, Kathleen) |
| Filing 20 Certificate of Service filed by Kathleen O'Malley on behalf of 40 & Holding LLC (RE: related document(s)#14 Emergency Motion to Pay Pre-Petition Wages). (O'Malley, Kathleen) |
| Filing 19 Certificate of Service filed by Kathleen O'Malley on behalf of 40 & Holding LLC (RE: related document(s)#9 Amended/Amendment to Motion/Application, #10 Order on Application to Reduce Response Time, Order on Motion for Expedited Hearing, Order on Amended Motion/Application). (O'Malley, Kathleen) |
| Filing 18 Matter Scheduled/Added to Calendar (related document no.#14 Motion to Pay Pre-Petition Wages filed by Debtor 40 & Holding LLC) (Payne, Lisa) |
| Filing 17 Notice of Motion filed by Kathleen O'Malley on behalf of 40 & Holding LLC (RE: related document(s)#7 Emergency Motion to Use Cash Collateral). (O'Malley, Kathleen) |
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Filing 16
Order Granting Application to Reduce Response Time, Granting Motion for Expedited Hearing (Related Doc #15) Hearing scheduled for 6/15/2023 at 11:00 AM at Greenville Courtroom (New), Responses due by 10:00 AM 6/15/2023. (Payne, Lisa)
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| Filing 15 Application to Reduce Response Time, Motion to Expedite Hearing filed by Kathleen O'Malley on behalf of 40 & Holding LLC (related document no.#14 Motion to Pay Pre-Petition Wages) (O'Malley, Kathleen) |
| Filing 14 Emergency Motion to Pay Pre-Petition Wages filed by Kathleen O'Malley on behalf of 40 & Holding LLC (O'Malley, Kathleen) |
| Filing 13 Notice of Appearance filed by Joseph Zachary Frost on behalf of East Hargett Entertainment, LLC. (Frost, Joseph) |
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Filing 12
Order Regarding Administration of Estate. Added Bankruptcy Administrator as party. (adi)
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| Filing 11 Matter Scheduled/Added to 6/15/2023 Calendar (related document no.#7 Cash Collateral filed by Debtor 40 & Holding LLC) (Angel, Sharon) |
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Filing 10
Order Granting Application to Reduce Response Time, Granting Motion for Expedited Hearing (Related Doc #9) Responses due by 6/15/2023 by 10:00 A.M. Hearing scheduled for 6/15/2023 at 11:00 AM at Greenville Courtroom (New) (Angel, Sharon)
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| Filing 9 Amended/Amendment to Motion/Application filed by Kathleen O'Malley on behalf of 40 & Holding LLC (related document no.#8 Application to Reduce Response Time, Motion to Expedite Hearing) (O'Malley, Kathleen) |
| Filing 8 Application to Reduce Response Time, Motion to Expedite Hearing filed by Kathleen O'Malley on behalf of 40 & Holding LLC (related document no.#7 Cash Collateral) (O'Malley, Kathleen) |
| Filing 7 Emergency Motion to Use Cash Collateral filed by Kathleen O'Malley on behalf of 40 & Holding LLC (O'Malley, Kathleen) |
| Filing 6 DEFICIENCY NOTICE to William P Janvier re: Petition. In order for this case to be administered, it is necessary that the following item(s) be filed by the date(s) indicated: Schedule A/B.Schedule D.Schedule E/F.Schedule G.Schedule H.Declaration Concerning Debtors Schedules.Statement of Affairs.Attorney Disclosure of Compensation.Summary of Schedules. Pursuant to Bankruptcy Rule 1008, all petitions, lists, schedules, statements, and amendments should be verified or contain an unsworn declaration as provided in 28 U.S.C. 1746. The three day mailing period as provided for under Rule 9006(f), Federal Rules of Bankruptcy Procedure, does not apply. Incomplete Filings due by 6/27/2023. Disclosure of Compensation due by 6/27/2023. Summary of Schedules due by 6/27/2023. (Angel, Sharon) |
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Filing 5
Order to Appear for Examination (Michael A. Ruiz) . (Angel, Sharon)
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| Filing 4 Meeting of Creditors 341(a) meeting to be held on 7/7/2023 at 10:00 AM at Raleigh 341 Meeting Room. Last day to file complaint is 9/5/2023. Proofs of Claims due by 10/5/2023. (Angel, Sharon) |
| Filing 3 Corporate Resolution filed by Kathleen O'Malley on behalf of 40 & Holding LLC. (O'Malley, Kathleen) |
| Filing 2 Request to Activate Debtor Electronic Notice filed by William P Janvier on behalf of 40 & Holding LLC. (Janvier, William) |
| Filing 1 Chapter 11 Voluntary Petition filed by 40 & Holding LLC (Janvier, William) |
| NOTE: Case manager assigned to case is Sharon Angel (Shum-Drake, Kelly) |
| Receipt Of Filing Fee For Voluntary Petition (Chapter 11)(# 23-01637-5) [misc,volp11] (1738.00), Receipt Number A17342995, Amount $1738.00. (U.S. Treasury) |
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| Debtor: 40 & Holding LLC | |
| Represented By: | William P Janvier |
| Represented By: | Kathleen O'Malley |
| Represented By: | Stevens Martin Vaughn & Tadych PLLC |
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