V.N.D. Limited Liability Company
| V.N.D. Limited Liability Company |
| Robert B. Raschke |
| 3:2021bk30511 |
| December 21, 2021 |
| U.S. Bankruptcy Court for the District of North Dakota |
| Shon Hastings |
| Other |
Docket Report
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This docket was last retrieved on February 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 101 BNC Certificate of Mailing. (RE: related document(s)#99 Order on Stipulated Motion to Continue Hearing) No. of Notices: 1. Notice Date 02/16/2022. (Admin.) |
| Filing 100 Trustee's Report of Inability to Appoint a Creditors's Committee Filed by U.S. Trustee Robert B. Raschke. (Wencil, Sarah) |
| Trustee's Initial Report & First Meeting Held Filed by U.S. Trustee Robert B. Raschke ( related document(s)#92 Notice of Continued/Rescheduled Meeting of Creditors filed by Debtor V.N.D. Limited Liability Company). (Wencil, Sarah) |
Filing 99
Order Granting Stipulated Motion To Continue Hearing Signed on 2/14/2022 (Related Doc # 98 ). Final Hearing On #8 Debtor's Motion for Interim and Final Relief Authorizing Continued Use of Existing Bank Accounts is continued to 3/8/2022 at 02:00 PM. (sfh, Court)
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| Filing 98 Stipulated Motion to Continue Hearing (Text entry only). Movant represents that all interested parties consent to an order continuing the hearing on #80 Notice of Hearing, #89 Order on Stipulated Motion to Continue Hearing to the next available hearing date. Filed by Debtor V.N.D. Limited Liability Company (Gust, Michael) |
| Filing 97 Third Interim Order Authorizing Debtor to Use Cash Collateral Signed on 2/3/2022 (Related Doc. #7. The Motion [Doc. 7] is granted in part subject to the terms and conditions in this Order and the Stipulation (Doc. #95). Debtor's decision to enter into the Stipulation [Doc. 95] is approved. (See Paragraph 3 of this Order for additional details). (sfh, Court) |
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Filing 96
Order Granting Stipulated Motion Seeking An Order Determining Debtor's Business Is Properly Described As Single Asset Real Estate Re: #94 Stipulation filed by Creditor Extensia Financial LLC) and Debtor. This bankruptcy case shall be administered as a "single asset real estate" case within the meaning of Section 101(51B) and any other sections of the Bankruptcy Code applicable to "single asset real estate" debtors. Signed on 2/3/2022. (vck, Court)
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| Hearing Reset On #7 Debtor's Motion Authorizing Use of Cash Collateral. Hearing to be held on 5/23/2022 at 01:00 PM Quentin N. Burdick U.S. Courthouse, Courtroom #3, 2nd Floor, 655 1st Ave. N., Fargo, ND 58102. In the event that Debtor seeks to use cash collateral after May 31, 2022, it shall file and serve a supplemental brief with supporting budget not later than May 3, 2022. If an interested party objects on or before May 10, 2022, the Court will hold a hearing on May 23, 2022, at 1:00 p.m. If no interested parties object, the Court may grant the relief requested without a hearing. (sfh, Court) |
| Filing 95 Stipulation By and Between Extensia Financial LLC and Debtor V.N.D. Limited Liability Company - Stipulation for Adequate Protection and Authorization to Use Cash Collateral on Interim Basis - with proof fo service Filed by Creditor Extensia Financial LLC ( related document(s)#7 Motion Re: Chapter 11 First Day Motions). (Napolitano, Anthony) |
| Filing 94 Stipulation By and Between Extensia Financial LLC Debtor V.N.D. Limited Liability Company - Stipulation for Entry of Order Determining Nature of Debtor's Business as a Single Asset Real Estate Case with proofs of service Filed by Creditor Extensia Financial LLC. (Attachments: #1 Proposed Order) (Napolitano, Anthony) |
| Filing 93 Chapter 11 Monthly Operating Report for the Month Ending: 12/31/2021 Filed by Debtor V.N.D. Limited Liability Company. (Attachments: #1 Balance Sheet, Profit & Loss Statement, Part 5 - Professional Fees and Bank Statement) (Gust, Michael) |
| Filing 92 Notice of Continued/Rescheduled Meeting of Creditors Including Certificate of Service Filed by Debtor V.N.D. Limited Liability Company. 341(a) meeting to be held on 2/16/2022 at02:00 PM by Telephone conference ONLY. (Diaz, Sara) |
| Filing 91 BNC Certificate of Mailing. (RE: related document(s)#89 Order on Stipulated Motion to Continue Hearing) No. of Notices: 1. Notice Date 01/27/2022. (Admin.) |
| Filing 90 Certificate of Service Filed by Debtor V.N.D. Limited Liability Company ( related document(s)#73 Order on Motion Re: Chapter 11 First Day Motions). (Gust, Michael) |
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Filing 89
Order Granting Stipulated Motion To Continue Hearing Signed on 1/25/2022 (Related Doc # 88 ). Telephonic Hearing On #8 Final Hearing of Debtor's Motion for Interim and Final Relief Authorizing Continued Use of Existing Bank Accounts is continued to 2/15/2022 at 10:00 AM. (sfh, Court)
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| Filing 88 Stipulated Motion to Continue Hearing (Text entry only). Movant represents that all interested parties consent to an order continuing the hearing on #80 Notice of Hearing to the next available hearing date. Filed by Debtor V.N.D. Limited Liability Company (Gust, Michael) |
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Filing 87
Order Granting Motion by Extensia Financial, LLD for Attorney Steven Lautt to Appear By Telephone at the Final Hearing on Debtor's Motion for Interim and Final Relief Authorizing Maintenance and Continued of Existing Bank Accounts scheduled for Tuesday, January 25, 2022 at 3:00 p.m. (Related Doc #86). Parties appearing by telephone are not permitted to offer evidence or cross examine witnesses at the hearing. Telephone conference instructions: Call 877-336-1839; enter Access Code 8843617; enter Participant Security Code 4321; please identify yourself after you have joined the conference. Ordered By Judge Shon Hastings. (Text order only). Signed on 1/24/2022. (sfh, Court)
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| Filing 86 Motion to Appear By Telephone (related documents #8 Expedited Motion Regarding Chapter 11 First Day Motions) Filed by Creditor Extensia Financial LLC (Lautt, Steven). (corrected docket linkage) Modified on 1/24/2022 (mjk, Court). |
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Filing 85
Order Granting Motion by Extensia Financial, LLC for Attorney Anthony Napolitano to Appear By Telephone at the Final Hearing on Debtor's Motion for Interim and Final Relief Authorizing Maintenance and Continued Use of Existing Bank Accounts scheduled for Tuesday, January 25, 2022 at 3:00 p.m. (Related Doc #84). Parties appearing by telephone are not permitted to offer evidence or cross examine witnesses at the hearing. Telephone conference instructions: Call 877-336-1839; enter Access Code 8843617; enter Participant Security Code 4321; please identify yourself after you have joined the conference. Ordered By Judge Shon Hastings. (Text order only). Signed on 1/24/2022. (sfh, Court)
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| Filing 84 Motion to Appear By Telephone (related documents #8 Expedited Motion Regarding Chapter 11 First Day Motions) Filed by Creditor Extensia Financial LLC (Napolitano, Anthony). (corrected docket linkage) Modified on 1/24/2022 (mjk, Court). |
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Filing 83
Order Granting Motion by United States Trustee for Attorney Sarah Wencil to Appear By Telephone at the Final Hearing on Debtor's Motion for Interim and Final Relief Granting Debtor Authorizing Maintenance and Continued Use of Existing Bank Accounts scheduled for Tuesday, January 25, 2022 at 3:00 p.m. (Related Doc #82). Parties appearing by telephone are not permitted to offer evidence or cross examine witnesses at the hearing. Telephone conference instructions: Call 877-336-1839; enter Access Code 8843617; enter Participant Security Code 4321; please identify yourself after you have joined the conference. Ordered By Judge Shon Hastings. (Text order only). Signed on 1/21/2022. (sfh, Court)
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| Filing 82 Motion to Appear By Telephone (related documents #8 Expedited Motion Regarding Chapter 11 First Day Motions) Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah). (corrected docket linkage) Modified on 1/21/2022 (mjk, Court). |
| Filing 80 Notice of Continued Hearing On #8 Motion for Interim and Final Relief Authorizing Maintenance and Continued Use of Existing Bank Accounts. Telephonic Hearing to be held on 1/25/2022 at 03:00 PM. (sfh, Court) |
| Filing 81 Second Interim Order Authorizing Debtor to Use Cash Collateral (Related Doc. #7) Signed on 1/14/2022. (sfh, Court) |
| Filing 79 PDF with attached Audio File. Court Date & Time [ 1/14/2022 10:31:07 AM ]. File Size [ 146016 KB ]. Run Time [ 02:32:06 ]. (admin). |
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Filing 78
Order Approving Application to Employ Michael L. Gust and Anderson, Bottrell, Sanden & Thompson as attorneys for Debtor (Related Doc #13). The application to employ is APPROVED effective December 21, 2021, subject to the limitations on compensation provided by 11 U.S.C. 328. This order is not a determination that the services or rates charged are necessary and reasonable. The person or entity employed under this order shall file a fee application in accordance with the Bankruptcy Code and Federal Rules of Bankruptcy Procedures. See Fed. R. Bank. P. 2016, 2017 and 11 U.S.C. 329, 330. Applicant must also comply with Local Rules. As required by applicable federal rule or statute, the Movant shall serve this docket text only order on all appropriate parties that will not receive notice of electronic filing. By Judge Shon Hastings. (Text order only) Signed on 1/14/2022 (mjk, Court)
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Filing 77
Order Approving Application to Employ Sara E. Diaz and Bulie Diaz Law Office as attorneys for Debtor (Related Doc #6). The application to employ is APPROVED effective December 21, 2021, subject to the limitations on compensation provided by 11 U.S.C. 328. This order is not a determination that the services or rates charged are necessary and reasonable. The person or entity employed under this order shall file a fee application in accordance with the Bankruptcy Code and Federal Rules of Bankruptcy Procedures. See Fed. R. Bank. P. 2016, 2017 and 11 U.S.C. 329, 330. Applicant must also comply with Local Rules. As required by applicable federal rule or statute, the Movant shall serve this docket text only order on all appropriate parties that will not receive notice of electronic filing. By Judge Shon Hastings. (Text order only) Signed on 1/14/2022 (mjk, Court)
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| Filing 76 Hearing Held On #7 Debtor's Motion for Use of Cash Collateral. APPEARANCES BY: Attorney Mike Gust and Attorney Sara Diaz for Debtor; Attorney Anthony Napolitano and Attorney Steven Lautt for Extensia/Farmers Insurance Group; Attorney Sarah Wencil for United States Trustee. DISPOSITION: Debtor's Motion for Use of Cash Collateral is granted on an interim basis until January 21, 2022. An Interim Order will be entered pending the parties resolution of their agreement. TIME OF HEARING: 10:30 to 11:05 a.m. (sfh, Court) |
| Filing 75 Hearing Held On #8 Debtor's Motion for Interim and Final Relief Granting Debtor Authorizing Maintenance and Continued Use of Existing Bank Accounts. APPEARANCES BY: Attorney Mike Gust and Attorney Sara Diaz for Debtor; Attorney Anthony Napolitano and Attorney Steven Lautt for Extensia/Farmers Insurance Group; Attorney Sarah Wencil for United States Trustee. DISPOSITION: Debtor's Motion for Interim and Final Relief Granting Debtor Authorizing Maintenance and Continued Use of Existing Bank Accounts is CONTINUED to Tuesday, January 25, 2022 at 3:00 p.m. TIME OF HEARING: 10:30 to 11:05 a.m. (sfh, Court) |
| Filing 74 Notice of Change in Hearing On #7 Debtor's Motion Authorizing the Use of Cash Collateral, and #8 Debtor's Motion for Interim and Final Relief Authorizing Maintenance and Continued Use of Existing Bank Accounts. Video Conference Hearing to be held on 1/14/2022 at 10:30 AM Quentin N. Burdick U.S. Courthouse, Courtroom #3, 2nd Floor, 655 1st Ave. N., Fargo, ND 58102. (sfh, Court) |
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Filing 73
Order Granting Debtor's Motion for an Order (I) Prohibiting Utility Companies From Discontinuing, Altering, or Refusing Service; (II) Approving Adequate Assurance Utility Deposit; (III) Establishing Procedures for Resolving Requests for Additional Assurance; and (IV) Granting Related Relief (Related Doc #9). Signed on 1/13/2022. (sfh, Court)
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Filing 72
Order Granting Debtor's Motion for an Order Authorizing Debtor to Continue Prepetition Insurance Policies, Pay all Prepetition Objections Related to These Policies and Authorizing Banks to Honor Related Checks and Transfers for the Purpose (Related Doc #10). Signed on 1/13/2022. (sfh, Court)
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| Filing 71 Exhibit List Filed by Debtor V.N.D. Limited Liability Company (related documents: #7 Expedited Motion, #8 Expedited Motion, #9 Expedited Motion, #10 Expedited Motion). (Gust, Michael). (corrected docket linkage) Modified on 1/13/2022 (mjk, Court). |
| Filing 70 Witness List Filed by Debtor V.N.D. Limited Liability Company (related documents: #7 Expedited Motion, #8 Expedited Motion, #9 Expedited Motion, #10 Expedited Motion). (Gust, Michael) (corrected docket linkage) Modified on 1/13/2022 (mjk, Court). |
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Filing 69
Order Granting Motion by Debtor for Attorney Sara Diaz to Appear By Video Conference at the Final Hearings on First Day Motions and Motion for Preliminary Injunction (Adv. No. 22-7003) scheduled for Friday, January 14, 2022 at 10:30 a.m. (Related Doc #68). Counsel must make arrangements with the court to secure video conference service and to test the video conference service from the remote site, generally not less than 48 hours in advance of the hearing, 72 hours preferred. Ordered By Judge Shon Hastings. (Text order only). Signed on 1/13/2022. (sfh, Court)
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| Filing 68 Motion to Appear By Video Conference (related documents #7 Motion Re: Chapter 11 First Day Motions, #8 Motion Re: Chapter 11 First Day Motions, #9 Motion Re: Chapter 11 First Day Motions, #10 Motion Re: Chapter 11 First Day Motions) Filed by Debtor V.N.D. Limited Liability Company (Diaz, Sara) |
| Hearing Cancelled (Related Doc. #9 Debtor's Motion for an Order (I) Prohibiting Utility Companies From Discontinuing, Altering, or Refusing Service; (II) Approving Adequate Assurance Utility Deposit; (III) Establishing Procedures for Resolving Requests for Additional Assurance; and (IV) Granting Related Relief, #10 Debtor's Motion for an Order Authorizing Debtor to Continue Prepetition Insurance Policies, Pay all Prepetition Objections Related to These Policies and Authorizing Banks to Honor Related Checks and Transfers for the Purpose) (sfh, Court) |
| Filing 67 Notice of Appearance and Request for Notice Including: Certificate of Service by Anthony J. Napolitano Filed by Creditor Extensia Financial, LLC. (Napolitano, Anthony) |
| Filing 66 Notice of Appearance and Request for Notice Including: Certificate of Service by Anthony J. Napolitano Filed by Creditor Extensia Financial LLC. (Napolitano, Anthony) |
| Filing 65 Withdrawal of Document (Text entry only)- The electronic filer will be responsible for informing all interested parties that are nonelectronic filers notice of this withdrawal and a certificate of service will be filed. Filed by U.S. Trustee Robert B. Raschke ( related document(s)#20 Objection). (Wencil, Sarah) |
| Filing 64 Supplemental Objection to (related document(s): #7 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Use of Cash Collateral filed by Debtor V.N.D. Limited Liability Company, #58 Misc Notice filed by Creditor Extensia Financial LLC) Including Certificate of Service Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah) |
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Filing 63
Order Granting Motion by United States Trustee for Attorney Sarah Wencil to Appear By Telephone at the Final Hearings on First Day Motions scheduled for Friday, January 14, 2022 at 10:30 a.m. (Related Doc #62). Parties appearing by telephone are not permitted to offer evidence or cross examine witnesses at the hearing. Telephone conference instructions: Call 877-336-1839; enter Access Code 8843617; enter Participant Security Code 4321; please identify yourself after you have joined the conference. Ordered By Judge Shon Hastings. (Text order only). Signed on 1/11/2022. (sfh, Court)
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| Filing 62 Motion to Appear By Telephone (related documents: #7 Expedited Motion, #8 Expedited Motion, #9 Expedited Motion, #10 Expedited Motion) Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah). (corrected docket linkage) Modified on 1/11/2022 (mjk, Court). |
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Filing 61
Order Granting Motion by Extensia Financial LLC in its capacity as servicer for Farmers Insurance Group Federal Credit Union for Attorney Steven Lautt to Appear By Video Conference at the Final Hearings on First Day Motions and Plaintiff/Debtor's Motion for Preliminary Injunction (Adv. No. 22-7003) scheduled for Friday, January 14, 2022 at 10:30 a.m. (Related Doc #60). Counsel must make arrangements with the court to secure video conference service and to test the video conference service from the remote site, generally not less than 48 hours in advance of the hearing, 72 hours preferred. Ordered By Judge Shon Hastings. (Text order only). Signed on 1/11/2022. (sfh, Court) Modified on 1/11/2022 (sfh, Court). Modified on 1/13/2022 (sfh, Court).
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| Filing 60 Motion to Appear By Video Conference (related documents #7 Motion Re: Chapter 11 First Day Motions) Filed by Creditor Extensia Financial LLC (Lautt, Steven) |
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Filing 59
Order Granting Motion by Extensia Financial LLC as servicer for Farmers Insurance Group Federal Credit Union for Attorney Anthony Napolitano to Appear By Video Conference at the hearing on Debtor's Motion for Use of Cash Collateral and Plaintiff/Debtor's Motion for Preliminary Injunction (Adv. No. 22-7003) scheduled for Friday, January 14, 2022 at 10:30 a.m. (Related Doc #57). Counsel must make arrangements with the court to secure video conference service and to test the video conference service from the remote site, generally not less than 48 hours in advance of the hearing, 72 hours preferred. Ordered By Judge Shon Hastings. (Text order only). Signed on 1/10/2022. (sfh, Court)
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| Filing 58 Notice of Errata to the Supplemental Objection to Motion for Use of Cash Collateral with proof of service Filed by Creditor Extensia Financial LLC (RE: related document(s)#50 Objection). (Napolitano, Anthony) |
| Filing 57 Motion to Appear By Video Conference (related documents #7 Motion Re: Chapter 11 First Day Motions) Filed by Creditor Extensia Financial LLC (Napolitano, Anthony) |
| Filing 56 Withdrawal of Document (Text entry only)- The electronic filer will be responsible for informing all interested parties that are nonelectronic filers notice of this withdrawal and a certificate of service will be filed. Filed by U.S. Trustee Robert B. Raschke ( related document(s)#48 Objection). (Wencil, Sarah) |
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Filing 55
Order Granting Motion by Debtor for Dorothy Flisk, Managing Member of the Debtor, to Appear By Video Conference at the Final Hearings on First Day Motions scheduled for Friday, January 14, 2022 at 10:30 a.m. (Related Doc #47). Counsel must make arrangements with the court to secure video conference service and to test the video conference service from the remote site, generally not less than 48 hours in advance of the hearing, 72 hours preferred. Ordered By Judge Shon Hastings. (Text order only). Signed on 1/10/2022. (sfh, Court)
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| Filing 54 Creditors Request for Notice Filed by Creditor Ally Bank, c/o AIS Portfolio Services, LP. (AIS Data Services, ARawal) |
| Filing 53 BNC Certificate of Mailing. (RE: related document(s)#43 Notice of Incomplete Filing) No. of Notices: 1. Notice Date 01/07/2022. (Admin.) |
| Filing 52 Affidavit Declaration of Steven Ellsworth in Support of the Supplemental Objection of Motion for Use of Cash Collateral with proof of service Filed by Creditor Extensia Financial LLC ( related document(s)#50 Objection). (Napolitano, Anthony) |
| Filing 51 Adversary case 22-07003. Complaint by V.N.D. Limited Liability Company against Extensia Financial LLC, Farmers Insurance Group Federal Credit Union. Fee Amount $350. (72 (Injunctive relief - other)) (Gust, Michael) |
| Filing 50 Supplemental Objection to (related document(s): #7 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Use of Cash Collateral filed by Debtor V.N.D. Limited Liability Company) Including Certificate of Service Filed by Creditor Extensia Financial LLC (Napolitano, Anthony). See #58 Notice of Errata for omitted Exhibit 1. (enhanced docket, added docket linkage) Modified on 1/11/2022 (mjk, Court). |
| Filing 49 Affidavit of Michael L. Gust (Second Supplemental) Filed by Debtor V.N.D. Limited Liability Company ( related document(s)#13 Application to Employ, #46 Affidavit). (Gust, Michael) |
| Filing 48 (WITHDRAWN at #56) Objection to (related document(s): #13 Application to Employ Anderson, Bottrell, Sanden & Thompson and Michael L. Gust as Counsel for Debtor Including: Notice of Motion served on 12/23/2021 and Certificate of Service filed by Debtor V.N.D. Limited Liability Company) Including Certificate of Service Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah) Modified on 1/10/2022 (vck, Court). Modified on 1/13/2022 (mjk, Court). |
| Filing 47 Motion to Appear By Video Conference (related documents: #7 Expedited Motion, #8 Expedited Motion, #9 Expedited Motion, #10 Expedited Motion) Filed by Debtor V.N.D. Limited Liability Company (Gust, Michael). (added docket linkage) Modified on 1/7/2022 (mjk, Court). |
| Filing 46 Supplemental Affidavit of Michael L. Gust Filed by Debtor V.N.D. Limited Liability Company (related document(s)#13 Application to Employ). (Gust, Michael) (enhanced docket) Modified on 1/7/2022 (mjk, Court). |
| Filing 45 Withdrawal of Claim(s): 2 Filed by Creditor AmeriCredit Financial Services, Inc. A/C dba GM Financial. (GM Financial, MYoungblood) |
| Filing 44 Summary of Assets and Liabilities Schedules , Schedule A/B, Schedule D, Schedule E/F, Schedule G, Schedule H , Declaration About Individual Debtor's Schedules , Statement of Financial Affairs, Disclosure of Compensation of Attorney for Debtor Filed by Debtor V.N.D. Limited Liability Company. (Gust, Michael) |
| Filing 43 Notice of Incomplete Filing (RE: related document(s)#1 Voluntary Petition (Chapter 11) filed by Debtor V.N.D. Limited Liability Company). (mjk, Court) |
| Filing 42 Creditors Request for Notice Including: Certificate of Service Filed by Creditor Mercedes-Benz Financial Services USA LLC. (BK, EGezel) |
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Filing 41
Order Granting Motion to Appear Pro Hac Vice (Related Doc #38). Non-resident attorney Nick Couchot for creditor Extensia Financial LLC is permitted to appear and participate in this case. By Judge Shon Hastings (Text order only). Signed on 12/30/2021 (mjk, Court)
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Filing 40
Order Granting Motion to Appear Pro Hac Vice (Related Doc #37). Non-resident attorney David E. Mark for creditor Extensia Financial LLC is permitted to appear and participate in this case. By Judge Shon Hastings (Text order only). Signed on 12/30/2021 (mjk, Court)
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Filing 39
Order Granting Motion to Appear Pro Hac Vice (Related Doc #36). Non-resident attorney Anthony J. Napolitano for creditor Extensia Financial LLC is permitted to appear and participate in this case. By Judge Shon Hastings (Text order only). Signed on 12/30/2021 (mjk, Court)
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| Filing 38 Motion to Appear pro hac vice Fee Amount $150, Filed by Creditor Extensia Financial LLC (Couchot, Nick) |
| Filing 37 Motion to Appear pro hac vice Fee Amount $150, Filed by Creditor Extensia Financial LLC (Mark, David) |
| Filing 36 Motion to Appear pro hac vice Fee Amount $150, Filed by Creditor Extensia Financial LLC (Napolitano, Anthony) |
| Receipt of Motion to Appear pro hac vice(# 21-30511) [motion,mprohac] ( 150.00) Filing Fee. Receipt number A1396605. Fee amount 150.00. (U.S. Treasury) |
| Receipt of Motion to Appear pro hac vice(# 21-30511) [motion,mprohac] ( 150.00) Filing Fee. Receipt number A1396609. Fee amount 150.00. (U.S. Treasury) |
| Receipt of Motion to Appear pro hac vice(# 21-30511) [motion,mprohac] ( 150.00) Filing Fee. Receipt number A1396613. Fee amount 150.00. (U.S. Treasury) |
| Filing 35 PDF with attached Audio File. Court Date & Time [ 12/29/2021 1:26:48 PM ]. File Size [ 33059 KB ]. Run Time [ 00:34:26 ]. (admin). |
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Filing 34
Order Denying Debtor's Request for Interim Relief on its Motion for an Order Authorizing Debtor to Continue Pre-Petition Insurance Policies, Pay all Pre-Petition Obligations Related to These Policies and Authorizing Banks to Honor Related Checks and Transfers for That Purpose (Related Doc #10). Signed on 12/29/2021. (sfh, Court)
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Filing 33
Order Denying Debtor's Request for Interim Relief (I) Prohibiting Utility Companies from Discontinuing, Altering, or Refusing Service; (II) Approving Adequate Assurance Utility Deposit; (III) Establishing Procedures for Resolving Requests for Additional Assurance; and (IV) Granting Related Relief (Related Doc #9). Signed on 12/29/2021. (sfh, Court)
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Filing 32
Order Denying Debtor's Request for Interim Relief on its Motion Seeking an Order Authorizing Maintenance and Continued Use of Existing Bank Accounts (Related Doc #8). Signed on 12/29/2021. (sfh, Court)
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| Filing 31 Interim Order Authorizing Debtor to Use Cash Collateral (Related Doc #7). Signed on 12/29/2021. (sfh, Court) |
| Filing 30 Expedited Hearings Held On (Related Docs. #7, #8, #9, #10). APPEARANCES BY: Attorney Mike Gust for Debtor; Attorney Sara Diaz for Debtor; Attorney Sarah Wencil for United States Trustee; Attorney Anthony Napolitano for Extensia Financial LLC (Farmers); Attorney Nicolas Couchot for Extensia Financial (Farmers); Attorney Steven Lautt for Extensia Financial (Farmers). DISPOSITION: For the reasons stated on the record at the hearing held on December 29, 2021, Debtor's Motion for Use of Cash Collateral is granted on an interim basis. Debtor's Motion for Interim and Final Relief Granting Debtor Authorizing Maintenance and Continued Use of Existing Bank Accounts is denied on an interim basis. Final relief will be considered at the final hearing. Debtor's Motion for Interim and Final Orders Prohibiting Utility Companies from Discontinuing, Altering, or Refusing Service; Deeming the Utility Companies to have Adequate Assurance of Payment; Establishing Procedures for Resolving Request for Additional Assurance and Grant Said Relief is denied on an interim basis. Final relief will be considered at the final hearing. Debtor's Motion for Interim and Final Orders Authorizing Debtor to Continue Pre-Petitiion Insurance Policies, Pay all Pre-Petition Obligations in Respect Thereto and Authorizing Banks to Honor Related Checks and Transfers for that Respect is denied on an interim basis. Final relief will be considered at the final hearing. Final Hearing is scheduled for Friday, January 14, 2022 at 10:30 AM. TIME OF HEARING: 1:30 to 2:04 p.m. (sfh, Court) |
| Filing 29 Declaration Under Penalty of Perjury for Non-individual Debtors Dorothy M. Flisk Filed by Debtor V.N.D. Limited Liability Company ( related document(s)#7 Motion Re: Chapter 11 First Day Motions, #18 Objection). (Gust, Michael) |
| Final Hearing Set On #7 Debtors Motion Authorizing Use of Cash Collateral on an Interim and Final Basis; #8 Debtors Motion for Interim and Final Relief Granting Debtor Authorizing Maintenance and Continued Use of Existing Bank Accounts; #9 Debtors Motion for Interim and Final Orders Prohibiting Utility Companies From Discontinuing, Altering, or Refusing Service; Deeming the Utility Companies to Have Adequate Assurance of Payment; Establishing Procedures for Resolving Request for Additional Assurance; and Granting Said Relief; #10 Debtors Motion for Interim and Final Orders Authorizing the Debtor to Continue Pre-Petition Insurance Policies, Pay All Pre-Petition Obligations in Respect Thereof, and Authorizing Banks to Honor Related Checks and Transfers for That Purpose. Final Hearing to be held on 1/11/2022 at 09:00 AM Quentin N. Burdick U.S. Courthouse, Courtroom #3, 2nd Floor, 655 1st Ave. N., Fargo, ND 58102. Additional objections to the motions, if any, must be filed not later than Friday, January 7, 2022. (sfh, Court) |
| Amended Notice of Final Hearing Set On #7 Debtors Motion Authorizing Use of Cash Collateral on an Interim and Final Basis; #8 Debtors Motion for Interim and Final Relief Granting Debtor Authorizing Maintenance and Continued Use of Existing Bank Accounts; #9 Debtors Motion for Interim and Final Orders Prohibiting Utility Companies From Discontinuing, Altering, or Refusing Service; Deeming the Utility Companies to Have Adequate Assurance of Payment; Establishing Procedures for Resolving Request for Additional Assurance; and Granting Said Relief; #10 Debtors Motion for Interim and Final Orders Authorizing the Debtor to Continue Pre-Petition Insurance Policies, Pay All Pre-Petition Obligations in Respect Thereof, and Authorizing Banks to Honor Related Checks and Transfers for That Purpose. Final Hearing is rescheduled to 1/14/2022 at 10:30 AM Quentin N. Burdick U.S. Courthouse, Courtroom #3, 2nd Floor, 655 1st Ave. N., Fargo, ND 58102. Additional objections to the motions, if any, must be filed not later than Friday, January 7, 2022. (sfh, Court) |
| Filing 28 Withdrawal of Document (Text entry only)- The electronic filer will be responsible for informing all interested parties that are nonelectronic filers notice of this withdrawal and a certificate of service will be filed. Filed by Creditor Farmers Insurance Group Federal Credit Union ( related document(s)#24 Notice of Appearance, #25 Notice of Appearance, #26 Notice of Appearance). (Lautt, Steven) |
| Filing 27 Certificate of Service Filed by Creditor Farmers Insurance Group Federal Credit Union. (Lautt, Steven). Related document(s) #22 Objection, #23 Supplemental Objection, #24 Notice of Appearance, #25 Notice of Appearance, #26 Notice of Appearance. (added docket linkage) Modified on 12/28/2021 (mjk, Court). |
| Filing 26 (WITHDRAWN at #28) Notice of Appearance and Request for Notice Motion to Appear Pro Hac Hive for David E. Mark by Steven A Lautt Filed by Creditor Farmers Insurance Group Federal Credit Union. (Lautt, Steven) Modified on 12/28/2021 (mjk, Court). |
| Filing 25 (WITHDRAWN at #28) Notice of Appearance and Request for Notice Motion to Appear Pro Hac Vice for Nicholas S. Couchot by Steven A Lautt Filed by Creditor Farmers Insurance Group Federal Credit Union. (Lautt, Steven) Modified on 12/28/2021 (mjk, Court). |
| Filing 24 (WITHDRAWN at #28) Notice of Appearance and Request for Notice Motion to Appear Pro Hac Vice for Anthony J. Napolitano by Steven A Lautt Filed by Creditor Farmers Insurance Group Federal Credit Union. (Lautt, Steven) Modified on 12/28/2021 (mjk, Court). |
| Filing 23 Supplemental Objection to (related document(s): #7 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Use of Cash Collateral filed by Debtor V.N.D. Limited Liability Company) Notice of Non-Consent to Use of Cash Collateral by Secured Creditor Farmers Insurance Group Federal Credit Union Filed by Creditor Farmers Insurance Group Federal Credit Union (Lautt, Steven) (enhanced docket) Modified on 12/28/2021 (mjk, Court). |
| Filing 22 Objection to (related document(s): #7 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Use of Cash Collateral filed by Debtor V.N.D. Limited Liability Company) Preliminary Objection to Motion for Use of Cash Collateral Filed by Creditor Farmers Insurance Group Federal Credit Union (Lautt, Steven) |
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Filing 21
Order Granting Motion by United States Trustee for Attorney Sarah Wencil to Appear By Telephone at the hearings on Debtor's Motion Authorizing Use of Cash Collateral on an Interim and Final Basis; Debtor's Motion for Interim and Final Relief Granting Debtor Authorizing Maintenance and Continued Use of Existing Bank Accounts; Debtor's Motion for Interim and Final Orders Prohibiting Utility Companies From Discontinuing, Altering, or Refusing Service; Deeming the Utility Companies to Have Adequate Assurance of Payment; Establishing Procedures for Resolving Request for Additional Assurance; and Granting Said Relief; and Debtor's Motion for Interim and Final Orders Authorizing the Debtor to Continue Pre-Petition Insurance Policies, Pay All Pre-Petition Obligations in Respect Thereof, and Authorizing Banks to Honor Related Checks and Transfers for That Purpose scheduled for Wednesday, December 29, 2021 at 1:30 p.m. (Related Doc #17). Parties appearing by telephone are not permitted to offer evidence or cross examine witnesses at the hearing. Telephone conference instructions: Call 877-336-1839; enter Access Code 8843617; enter Participant Security Code 4321; please identify yourself after you have joined the conference. Ordered By Judge Shon Hastings. (Text order only). Signed on 12/27/2021. (sfh, Court)
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| Filing 20 (WITHDRAWN at #65) Objection to (related document(s): #9 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Interim and Final Orders Prohibiting Utility Companies from Discontinuing Services filed by Debtor V.N.D. Limited Liability Company) Including Certificate of Service Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah) Modified on 1/12/2022 (mjk, Court). |
| Filing 19 Objection to (related document(s): #8 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Interim and Final Relief Authorizing Continued Use of Existing Bank Accounts filed by Debtor V.N.D. Limited Liability Company) Including Certificate of Service Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah) |
| Filing 18 Objection to (related document(s): #7 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Use of Cash Collateral filed by Debtor V.N.D. Limited Liability Company) Including Certificate of Service Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah) |
| Filing 17 Motion to Appear By Telephone (related documents #7 Motion Re: Chapter 11 First Day Motions, #8 Motion Re: Chapter 11 First Day Motions, #9 Motion Re: Chapter 11 First Day Motions, #10 Motion Re: Chapter 11 First Day Motions, #12 Motion to Expedite Hearing) Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah) |
| Filing 16 BNC Certificate of Mailing. (RE: related document(s)#5 Notice/Document Sent to BNC for Service) No. of Notices: 14. Notice Date 12/24/2021. (Admin.) |
| Filing 15 Certificate of Service Filed by Debtor V.N.D. Limited Liability Company ( related document(s)#7 Motion Re: Chapter 11 First Day Motions, #8 Motion Re: Chapter 11 First Day Motions, #9 Motion Re: Chapter 11 First Day Motions, #10 Motion Re: Chapter 11 First Day Motions, #11 Declaration Under Penalty of Perjury, #12 Motion to Expedite Hearing, #14 Order on Motion to Expedite Hearing). (Gust, Michael) |
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Filing 14
Order Granting Motion to Expedite Hearing Signed on 12/23/2021 (Related Doc. #12). Expedited Hearing to be held by telephone on 12/29/2021 at 1:30 PM on #7 Debtors Motion Authorizing Use of Cash Collateral on an Interim and Final Basis; #8 Debtors Motion for Interim and Final Relief Granting Debtor Authorizing Maintenance and Continued Use of Existing Bank Accounts; #9 Debtors Motion for Interim and Final Orders Prohibiting Utility Companies From Discontinuing, Altering, or Refusing Service; Deeming the Utility Companies to Have Adequate Assurance of Payment; Establishing Procedures for Resolving Request for Additional Assurance; and Granting Said Relief; #10 Debtors Motion for Interim and Final Orders Authorizing the Debtor to Continue Pre-Petition Insurance Policies, Pay All Pre-Petition Obligations in Respect Thereof, and Authorizing Banks to Honor Related Checks and Transfers for That Purpose. Written objections shall be filed by noon on December 28, 2021. A final hearing on Debtors First Day Motions will be held on Tuesday, January 11, 2022 at 9:00 AM.. Additional objections to the motions, if any, must be filed not later than Friday, January 7, 2022. Attorney Mike Gust to serve order. Signed on 12/23/2021 (sfh, Court)
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| Filing 13 Application to Employ Anderson, Bottrell, Sanden & Thompson and Michael L. Gust as Counsel for Debtor Including: Notice of Motion served on 12/23/2021 and Certificate of Service Filed by Debtor V.N.D. Limited Liability Company Last day to object is 01/6/2022. (Gust, Michael) |
| Filing 12 Motion to Expedite Hearing (related documents #7 Motion Re: Chapter 11 First Day Motions, #8 Motion Re: Chapter 11 First Day Motions, #9 Motion Re: Chapter 11 First Day Motions, #10 Motion Re: Chapter 11 First Day Motions) Filed by Debtor V.N.D. Limited Liability Company (Gust, Michael) (enhanced docket) Modified on 12/27/2021 (mjk, Court). |
| Filing 11 Declaration Under Penalty of Perjury for Non-individual Debtors Dorothy M. Flisk Filed by Debtor V.N.D. Limited Liability Company ( related document(s)#7 Motion Re: Chapter 11 First Day Motions, #8 Motion Re: Chapter 11 First Day Motions, #9 Motion Re: Chapter 11 First Day Motions, #10 Motion Re: Chapter 11 First Day Motions). (Gust, Michael) |
| Filing 10 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Interim and Final Orders Authorizing the Debtor to Continue Pre-Petition Insurance Policies, Pay All Pre-Petition Obligations in Respect Thereof, and Authorizing Banks to Honor Related Checks and Transfers for That Purpose Filed by Debtor V.N.D. Limited Liability Company (Attachments: #1 Exhibit A - Insurance Policy and Premium) (Gust, Michael) (enhanced docket) Modified on 12/23/2021 (mjk, Court). |
| Filing 9 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Interim and Final Orders Prohibiting Utility Companies From Discontinuing, Altering, or Refusing Service; Deeming the Utility Companies to Have Adequate Assurance of Payment; Establishing Procedures for Resolving Request for Additional Assurance; and Granting Said Relief Filed by Debtor V.N.D. Limited Liability Company (Attachments: #1 Exhibit A - Utilities #2 Exhibit B - Cash Flow Statement) (Gust, Michael) (enhanced docket) Modified on 12/23/2021 (mjk, Court). |
| Filing 8 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Interim and Final Relief Authorizing Maintenance and Continued Use of Existing Bank Accounts Filed by Debtor V.N.D. Limited Liability Company (Gust, Michael) (enhanced docket) Modified on 12/23/2021 (mjk, Court). |
| Filing 7 Expedited Motion Regarding Chapter 11 First Day Motions Motion for Use of Cash Collateral Filed by Debtor V.N.D. Limited Liability Company (Attachments: #1 Exhibit A - Cash Flow Statement #2 Exhibit B - Appraisal) (Gust, Michael) |
| Filing 6 Application to Employ Bulie Diaz Law Office and Sara E. Diaz as Debtor's Attorney Including: Notice of Motion served on 12/23/2021 and Certificate of Service Filed by Debtor V.N.D. Limited Liability Company Last day to object is 01/6/2022. (Diaz, Sara) |
| Filing 5 Notice/Document Sent to BNC for Service (RE: related document(s)#4 Meeting of Creditors Chapter). (mjk, Court) |
| Filing 4 Meeting of Creditors 341(a) meeting to be held on 1/27/2022 at 1:30 PM by Telephone conference ONLY Toll free: 866-821-5980, Participant # 9065076. Last day to oppose discharge or dischargeability is 3/28/2022. Government Proof of Claim due by 6/21/2022. Proofs of Claim due by 3/1/2022. (mjk, Court) Modified on 12/22/2021 (mjk, Court). Additional attachment(s) added on 12/22/2021 as PDF failed to generate (mjk, Court). |
| Filing 3 Notice of Appearance and Request for Notice Including: Certificate of Service by Sarah J. Wencil Filed by U.S. Trustee Robert B. Raschke. (Wencil, Sarah) |
| Filing 2 Copy of Chapter 11 Voluntary Petition emailed to Securities and Exchange Commission at denver@sec.gov (related document(s)#1 Voluntary Petition (Chapter 11)). (mjk, Court) |
| Receipt of Voluntary Petition (Chapter 11)(# 21-30511) [misc,volp11] (1738.00) Filing Fee. Receipt number A1395263. Fee amount 1738.00. (U.S. Treasury) |
| Judge Shon Hastings added to case. (mjk, Court) |
| Filing 1 Chapter 11 Voluntary Petition Non-Individual. Fee Amount $1738 Filed by Michael Gust on behalf of V.N.D. Limited Liability Company. Chapter 11 Plan due by 04/20/2022. Disclosure Statement due by 04/20/2022. (Gust, Michael) Incomplete Filings due by 1/4/2022. Sect 521 Incomp Filings Due: 2/4/2022. Summary of assets and liabilities due 1/4/2022. Declaration About Individual Debtors Schedules due 1/4/2022. Statement of Financial Affairs due 1/4/2022. Atty Disclosure Statement due 1/4/2022. Schedule A/B due 1/4/2022. Schedule D due 1/4/2022. Schedule E/F due 1/4/2022. Schedule G due 1/4/2022. Schedule H due 1/4/2022. (updated deficiency deadlines; requested filing fee) Modified on 12/22/2021 (mjk, Court). |
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| Debtor: V.N.D. Limited Liability Company | |
| Represented By: | Michael Gust |
| Represented By: | Sara Diaz |
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| Us trustee: Robert B. Raschke | |
| Represented By: | Sarah J. Wencil |
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