Bourbon Street LLC
| Bourbon Street LLC |
| Thomas Kapusta |
| Robert B. Raschke |
| 3:2023bk30246 |
| July 29, 2023 |
| 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 September 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 88 Objection to (related document(s): #82 Motion to Enter into Lease Agreements with Insiders Including: Notice of Motion served on 9/12/2023 and Certificate of Service filed by Debtor Bourbon Street LLC, Interested Party Petri Enterprises, LLC, Interested Party Gannett Peak, LLC) Including Certificate of Service Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah) |
| Filing 87 BNC Certificate of Mailing. (RE: related document(s)#85 Order to Set Hearing) No. of Notices: 1. Notice Date 09/14/2023. (Admin.) |
| Filing 86 PDF with attached Audio File. Court Date & Time [ 9/12/2023 9:45:19 AM ]. File Size [ 9686 KB ]. Run Time [ 00:20:11 ]. (admin). |
Filing 85
Scheduling Order Signed on 9/12/2023. Confirmation Hearing to be held on 12/5/2023 at 10:00 AM Quentin N. Burdick U.S. Courthouse, Courtroom #3, 2nd Floor, 655 1st Ave. N., Fargo, ND 58102. Deadline to file a plan of reorganization: October 27, 2023. Deadline to submit ballots to accept or reject plan and to file written objections to plan: November 28, 2023. If the Court receives no timely-filed objections (or if all objections are withdrawn), the Court may confirm the plan without a hearing. (sfh, Court)
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| Filing 84 Status Conference in Subchapter V Held. APPEARANCES BY: Attorney Maurice VerStandig for Debtors; Thomas Kapusta, Subchapter V Trustee; Attorney Sarah Wencil for United States Trustee; Attorney John Krings for Choice Financial; Attorney Elizabeth Lally for Kapitus, LLC; Attorney John Schroeder for Alerus Financial. TIME OF HEARING: 10:00 to 10:20 a.m. (sfh, Court) |
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Filing 83
Order Denying as Moot the Motion by Kapitus, LLC for Elizabeth Lally to Appear By Telephone at the Status Conference scheduled for Tuesday, September 12, 2023, at 10:00 a.m. The Status Conference is scheduled as a telephonic hearing and all parties will appear by telephone. (Related Doc #80). Parties appearing by telephone are not permitted to offer evidence or cross examine witnesses at the hearing. Telephone conference instructions: Call 701-297-7116; enter Meeting ID 088076463# and you will be connected to the conference. Please identify yourself after you have joined the conference. Ordered By Judge Shon Hastings. (Text order only). Signed on 9/12/2023. (sfh, Court) Modified on 9/12/2023 (sfh, Court).
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| Filing 82 Motion to Enter into Lease Agreements with Insiders Including: Notice of Motion served on 9/12/2023 and Certificate of Service Filed by Debtor Bourbon Street LLC, Interested Parties Gannett Peak, LLC, Petri Enterprises, LLC Last day to object is 10/3/2023. (Attachments: #1 Notice #2 Mailing Matrix) (VerStandig, Maurice) (updated objection period per 21-day notice) Modified on 9/12/2023 (vck, Court). |
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Filing 81
Amended Order Granting Motion for Subchapter V Trustee for Thomas Kapusta to Appear By Telephone at the Status Conference scheduled for Tuesday, September 12, 2023 at 10:00 a.m. The Status Conference is scheduled as a telephonic hearing and all parties will appear by telephone. (Related Doc #78). Parties appearing by telephone are not permitted to offer evidence or cross examine witnesses at the hearing. Telephone conference instructions: Call 701-297-7116; enter Meeting ID 088076463# and you will be connected to the conference. Please identify yourself after you have joined the conference. By Judge Shon Hastings. (Text order only). Signed on 9/11/2023 (dat, Court). (corrected linkage) Modified on 9/11/2023 (vck, Court).
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| Filing 80 Motion to Appear By Video Conference (related documents #15 Order to Set Status Conference) Filed by Creditor Kapitus Servicing Inc., as Servicing Agent for Kapitus, LLC (Lally, Elizabeth) |
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Filing 79
Order Granting Motion by Subchapter V Trustee for Thomas Kapusta to Appear By Video Conference at the Status Conference scheduled for Tuesday, September 12, 2023 at 10:00 a.m. (Related Doc #78). The latest video conference instructions and the link to join are located at: https://www.ndb.uscourts.gov/video-conferences. To test your video conference connection, please submit the form located at https://www.ndb.uscourts.gov/VCtestform. Ordered By Judge Shon Hastings. (Text order only). Signed on 9/11/2023. (sfh, Court)
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| Filing 78 Motion to Appear By Video Conference (related documents #15 Order to Set Status Conference) Filed by Trustee Thomas Kapusta (Kapusta, Thomas) |
| Trustee's Initial Report & First Meeting Held Filed by U.S. Trustee Robert B. Raschke ( related document(s)#19 Meeting of Creditors Chapter). (Wencil, Sarah) |
| Filing 77 Adversary case 23-07012. Complaint by Bourbon Street LLC against Byzfunder NY LLC d/b/a Byzfunder. Receipt Number DEFER, Fee Amount $350. Nature of Suits:(13 (Recovery of money/property - 548 fraudulent transfer),14 (Recovery of money/property - other)), (Attachments: #1 Exhibit A - Agreement) (VerStandig, Maurice) |
| Filing 76 Pre-Status Conference Report Filed by Debtor Bourbon Street LLC, Interested Parties Gannett Peak, LLC, Petri Enterprises, LLC ( related document(s)#15 Order to Set Status Conference). (VerStandig, Maurice) |
| Filing 75 BNC Certificate of Mailing. (RE: related document(s)#74 Order on Motion to Use Cash Collateral) No. of Notices: 1. Notice Date 08/31/2023. (Admin.) |
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Filing 74
Order Granting Motion for Leave To Use Cash Collateral (Related Doc #5). Signed on 8/29/2023. (sfh, Court)
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| Filing 73 Notice of Appearance and Request for Notice Including: Certificate of Service by Michael Gust Filed by Creditor Cole Creek LLC. (Gust, Michael) |
| Filing 72 PDF with attached Audio File. Court Date & Time [ 8/28/2023 1:50:03 PM ]. File Size [ 12178 KB ]. Run Time [ 00:25:22 ]. (admin). |
| Filing 71 Final Hearing Held on #5 Motion for Leave to Use Cash Collateral filed by Debtor Bourbon Street LLC. APPEARANCES BY: Attorney Maurice VerStandig for Debtor; Thomas Kapusta, Subchapter V Trustee; Attorney John Krings for Choice Financial; Attorney Elizabeth Lally for Kapitus, LLC; Attorney Sarah Wencil for United States Trustee. DISPOSITION: Motion by Debtor for Leave to Use Cash Collateral is granted. Parties to submit an agreed upon proposed order. TIME OF HEARING: 1:59 to 2:25 p.m. (sfh, Court) |
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Filing 70
Order Approving Application to Employ Maurice B. VerStandig, Esq., and The Dakota Bankruptcy Firm as General Reorganization Counsel for Debtor (Related Doc #17). The application to employ is APPROVED 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 8/28/2023 (mjk, Court)
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| Filing 69 Adversary case 23-07011. Complaint by Gannett Peak, LLC against MicroAdvance Funding, LLC. Receipt Number DEFER, Fee Amount $350. Nature of Suits:(13 (Recovery of money/property - 548 fraudulent transfer),14 (Recovery of money/property - other)), (Attachments: #1 Exhibit A - Agreement) (VerStandig, Maurice) |
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Filing 68
Order Granting Motion by Subchapter V Trustee for Thomas Kapusta to Appear By Video Conference at the Final Hearing on Debtor's Motion for Leave to Use Cash Collateral (Doc. 5) scheduled for Monday, August 28, 2023 at 2:00 p.m. (Related Doc #67). The latest video conference instructions and the link to join are located at: https://www.ndb.uscourts.gov/video-conferences. To test your video conference connection, please submit the form located at https://www.ndb.uscourts.gov/VCtestform. Ordered By Judge Shon Hastings. (Text order only). Signed on 8/24/2023. (sfh, Court)
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| Filing 67 Motion to Appear By Video Conference (related documents #5 Motion to Use Cash Collateral) Filed by Trustee Thomas Kapusta (Kapusta, Thomas) |
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Filing 66
Order Granting Motion by United States Trustee for Attorney Sarah Wencil to Appear By Telephone at the Final Hearing on Debtor's Motion for Leave to Use Cash Collateral (Doc. 5) scheduled for Monday, August 28, 2023 at 2:00 p.m. (Related Doc #65). Parties appearing by telephone are not permitted to offer evidence or cross examine witnesses at the hearing. Telephone conference instructions: Call 701-297-7116; enter Meeting ID 088076463# and you will be connected to the conference. Please identify yourself after you have joined the conference. Ordered By Judge Shon Hastings. (Text order only). Signed on 8/24/2023. (sfh, Court)
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| Filing 65 Motion to Appear By Telephone (related documents #5 Motion to Use Cash Collateral) Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah) |
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Filing 64
Order Granting Motion by Kapitus Servicing, Inc. as servicing agent for Kapitus, LLC for Attorney Elizabeth Lally to Appear By Video Conference at the Final Hearing on Debtor's Motion for Leave to Use Cash Collateral (Doc. 5) scheduled for Monday, August 28, 2023 at 2:00 p.m. (Related Doc #63). The latest video conference instructions and the link to join are located at: https://www.ndb.uscourts.gov/video-conferences. To test your video conference connection, please submit the form located at https://www.ndb.uscourts.gov/VCtestform. Ordered By Judge Shon Hastings. (Text order only). Signed on 8/22/2023. (sfh, Court)
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| Filing 63 Motion to Appear By Video Conference (related documents #5 Motion to Use Cash Collateral) Filed by Creditor Kapitus Servicing Inc., as Servicing Agent for Kapitus, LLC (Lally, Elizabeth) (corrected docket linkage) Modified on 8/22/2023 (mjk, Court). |
| Filing 62 Notice of Appearance and Request for Notice Including: Certificate of Service by Elizabeth Lally Filed by Creditor Kapitus Servicing Inc., as Servicing Agent for Kapitus, LLC. (Lally, Elizabeth) |
| Filing 61 BNC Certificate of Mailing. (RE: related document(s)#57 Order (Generic)) No. of Notices: 1. Notice Date 08/17/2023. (Admin.) |
| Filing 60 BNC Certificate of Mailing. (RE: related document(s)#56 Order on Generic Motion) No. of Notices: 1. Notice Date 08/17/2023. (Admin.) |
| Filing 59 BNC Certificate of Mailing. (RE: related document(s)#53 Order on Motion For Joint Administration) No. of Notices: 1. Notice Date 08/17/2023. (Admin.) |
| Filing 58 PDF with attached Audio File. Court Date & Time [ 8/15/2023 9:48:38 AM ]. File Size [ 10431 KB ]. Run Time [ 00:21:44 ]. (admin). |
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Filing 57
Order Granting Interim Relief on Motion for Leave to Use Cash Collateral (Related Doc #5) Signed on 8/15/2023. (sfh, Court)
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Filing 56
Order Granting Final Relief on Motion for Leave to Maintain and Administer Gift Cards (Related Doc #3). Signed on 8/15/2023 (sfh, Court)
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| Filing 55 (INADVERTENTLY DOCKETED BY ENTRY OF ORDER #45 IN MEMBER CASE 23-30248) Order Granting Final Relief on Motion For Joint Administration on Lead Case 3:23-bk-30246 with Member Case 3:23-bk-30248 and Member Case 3:23-bk-30247 (Related Doc #2). Signed on 8/15/2023 (sfh, Court) Modified on 8/15/2023 (mjk, Court). |
| Filing 54 (INADVERTENTLY DOCKETED BY ENTRY OF ORDER #47 IN MEMBER CASE 23-30247) Order Granting Final Relief on Motion For Joint Administration on Lead Case 3:23-bk-30246 with Member Case 3:23-bk-30247 and Member Case 3:-23-bk-30248 (Related Doc #2). Signed on 8/15/2023 (sfh, Court) Modified on 8/15/2023 (mjk, Court). |
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Filing 53
Order Granting Final Relief on Motion For Joint Administration on Lead Case 3:23-bk-30246 with Member Case 3:23-bk-30247 and Member Case 3:23-bk-30248 (Related Doc #2). Signed on 8/15/2023 (sfh, Court)
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| Filing 52 Second Interim Hearing Held On #5 Motion for Leave to Use Cash Collateral filed by Debtor Bourbon Street LLC. APPEARANCES BY: Attorney Maurice VerStandig for Debtor; Attorney John Krings for Choice Financial; Attorney Sarah Wencil for United States Trustee; Thomas Kapusta, Subchapter V Trustee. DISPOSITION: Motion by Debtor for Leave to Use Cash Collateral is GRANTED on an interim basis (from August 16, 2023 to August 28, 2023). Choice Financial is granted until Wednesday, August 23, 2023, to submit any objection to final relief. TIME OF HEARING: 9:57 to 10:18 a.m. (sfh, Court) Modified on 8/15/2023 (sfh, Court). |
| Filing 51 Final Hearing Held On #3 Motion for Leave to Maintain and Administer Gift Cards filed by Debtor Bourbon Street LLC. APPEARANCES BY: Attorney Maurice VerStandig for Debtor; Attorney John Krings for Choice Financial; Attorney Sarah Wencil for United States Trustee; Thomas Kapusta, Subchapter V Trustee. DISPOSITION: Motion by Debtor for Leave to Maintain and Administer Gift Cards is GRANTED. TIME OF HEARING: 9:57 to 10:18 a.m. (sfh, Court) |
| Filing 50 Final Hearing Held On #2 Motion for Joint Administration filed by Debtor Bourbon Street LLC. APPEARANCES BY: Attorney Maurice VerStandig for Debtor; Attorney John Krings for Choice Financial; Attorney Sarah Wencil for United States Trustee; Thomas Kapusta, Subchapter V Trustee. DISPOSITION: Motion by Debtor for Joint Administration is GRANTED. TIME OF HEARING: 9:57 to 10:18 a.m. (sfh, Court) |
| Hearing Cancelled (Motion is Withdrawn) (Related Doc #7 Motion to Alter Payment Structure for Chief Executive filed by Debtor Bourbon Street LLC) (sfh, Court) |
| Filing 49 Withdrawal of Document (Text entry only)- With all parties in interest being on notice of the altered pay structure set forth in this motion, and with the debtors being of the belief that such relief does not require judicial approval but, rather, may be (and has now been) implemented by the debtors-in-possession, the motion is withdrawn. 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 Debtor Bourbon Street LLC, Interested Parties Gannett Peak, LLC, Petri Enterprises, LLC ( related document(s)#7 Generic Motion). (VerStandig, Maurice) |
| Filing 48 Small Business Federal Income Tax Documents for the Year for 2021 , Small Business Balance Sheet, Small Business Cash Flow Statement, Declaration Under Penalty of Perjury for Non-individual Debtors Filed by Debtor Bourbon Street LLC, Interested Parties Gannett Peak, LLC, Petri Enterprises, LLC ( related document(s) 12 Chapter 11 Small Business Deadlines). (Attachments: #1 Bourbon Street LLC - 2021 Federal Tax Return #2 Petri Enterprises, LLC - 2021 Federal Tax Return #3 Gannett Peak, LLC - 2021 Federal Tax Return (Partial - Page Missing) #4 Gannett Peak, LLC - Statement of Profit and Loss #5 Gannett Peak, LLC - Balance Sheet) (VerStandig, Maurice) (Parts 2, 3, 4 restricted) Modified on 8/15/2023 (mjk, Court). |
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Filing 47
Order Granting Motion by Alerus Financial for Attorney John Schroeder to Appear By Video Conference at the Second Interim Hearing on Debtor's Motion for Leave to Use Cash Collateral (Doc. 5), Final Hearing on Debtor's Motion for Leave to Maintain and Administer Gift Cards (Doc. 3) and Final Hearing on Debtor's Motion to Alter Payment Structure for Chief Executive (Doc. 7) scheduled for Tuesday, August 15, 2023 at 10:00 a.m. (Related Doc #46). The latest video conference instructions and the link to join are located at: https://www.ndb.uscourts.gov/video-conferences. To test your video conference connection, please submit the form located at https://www.ndb.uscourts.gov/VCtestform. Ordered By Judge Shon Hastings. (Text order only). Signed on 8/11/2023. (sfh, Court)
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| Filing 46 Motion to Appear By Video Conference (related documents #3 Generic Motion, #5 Motion to Use Cash Collateral, #7 Generic Motion) Filed by Creditor Alerus Financial, N.A. (Schroeder, John) |
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Filing 45
Order Granting Motion for Subchapter V Trustee Thomas Kapusta to Appear By Telephone at the Second Interim Hearing on Debtor's Motion for Leave to Use Cash Collateral (Doc. 5), Final Hearing on Debtor's Motion for Leave to Maintain and Administer Gift Cards (Doc. 3) and Final Hearing on Debtor's Motion to Alter Payment Structure for Chief Executive (Doc. 7) scheduled for Tuesday, August 15, 2023 at 10:00 a.m. (Related Doc #44). Parties appearing by telephone are not permitted to offer evidence or cross examine witnesses at the hearing. Telephone conference instructions: Call 701-297-7116; enter Meeting ID 088076463# and you will be connected to the conference. Please identify yourself after you have joined the conference. Ordered By Judge Shon Hastings. (Text order only). Signed on 8/11/2023. (sfh, Court)
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| Filing 44 Motion to Appear By Telephone (related documents #3 Motion for Leave to Maintain and Administer Gift Cards on an Interim and Final Basis, #5 Motion to Use Cash Collateral, #7 Motion to Alter Payment Structure for Chief Executive) Filed by Trustee Thomas Kapusta (Kapusta, Thomas). (corrected docket linkage) Modified on 8/11/2023 (mjk, Court). |
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Filing 43
Order Granting Motion by United States Trustee for Attorney Sarah Wencil to Appear By Telephone at the Second Interim Hearing on Debtor's Motion for Leave to Use Cash Collateral (Doc. 5), Final Hearing on Debtor's Motion for Leave to Maintain and Administer Gift Cards (Doc. 3) and Final Hearing on Debtor's Motion to Alter Payment Structure for Chief Executive (Doc. 7) scheduled for Tuesday, August 15, 2023 at 10:00 a.m. (Related Doc #42). Parties appearing by telephone are not permitted to offer evidence or cross examine witnesses at the hearing. Telephone conference instructions: Call 701-297-7116; enter Meeting ID 088076463# and you will be connected to the conference. Please identify yourself after you have joined the conference. Ordered By Judge Shon Hastings. (Text order only). Signed on 8/10/2023. (sfh, Court)
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| Filing 42 Motion to Appear By Telephone (related documents #3 Generic Motion, #5 Motion to Use Cash Collateral, #7 Generic Motion) set for hearing on August 15, 2023 at 10:0 a.m. Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah) |
| Filing 41 Certificate of Service Filed by Interested Parties Petri Enterprises, LLC, Gannett Peak, LLC, Debtor Bourbon Street LLC ( related document(s)#35 Notice of Hearing). (VerStandig, Maurice) |
| Filing 40 BNC Certificate of Mailing. (RE: related document(s)#34 Order (Generic)) No. of Notices: 1. Notice Date 08/05/2023. (Admin.) |
| Filing 39 BNC Certificate of Mailing. (RE: related document(s)#33 Order on Generic Motion) No. of Notices: 1. Notice Date 08/05/2023. (Admin.) |
| Filing 38 BNC Certificate of Mailing. (RE: related document(s)#32 Order on Generic Motion) No. of Notices: 1. Notice Date 08/05/2023. (Admin.) |
| Filing 37 BNC Certificate of Mailing. (RE: related document(s)#30 Order on Motion For Joint Administration) No. of Notices: 1. Notice Date 08/05/2023. (Admin.) |
| Filing 36 BNC Certificate of Mailing - Meeting of Creditors. (RE: related document(s)#19 Meeting of Creditors Chapter) No. of Notices: 15. Notice Date 08/03/2023. (Admin.) |
| Filing 35 Notice of Hearing On #5 Motion for Leave to Use Cash Collateral filed by Debtors. Final Hearing to be held on 8/28/2023 at 02:00 PM Quentin N. Burdick U.S. Courthouse, Courtroom #3, 2nd Floor, 655 1st Ave. N., Fargo, ND 58102. Deadline to object to final relief is August 16, 2023. Attorney Maurice VerStandig to serve notice. (sfh, Court) |
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Filing 34
Order Granting Interim Relief on Motion for Leave to Use Cash Collateral (Related Doc #5) Signed on 8/3/2023. (sfh, Court)
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Filing 33
Order Granting Motion for Leave to Pay Pre-Petition Claims of Critical Vendors (Related Doc #8). Signed on 8/3/2023. (sfh, Court)
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Filing 32
Order Granting Motion for Leave to Pay Pre-Petition Employee Wages (Related Doc #6). Signed on 8/3/2023. (sfh, Court)
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Filing 31
Order Granting Interim Relief on Debtor's Motion for Leave to Maintain and Administer Gift Cards (Related Doc #3) Signed on 8/3/2023. (sfh, Court)
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Filing 30
Order Granting Interim Relief on Motion For Joint Administration on Case 23-30246 (Related Doc #2). Signed on 8/3/2023. (sfh, Court)
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Filing 29
Order Denying Interim Relief on Debtors Motion to Alter Payment Structure for Chief Executive (Related Doc #7). For the reasons stated on the record at the August 2, 2023, hearing, Debtors did not meet their burden of showing immediate and irreparable harm or otherwise justify immediate or interim relief. Their request for interim relief is denied. The Court will consider the merits of Debtors motion at the final hearing scheduled for August 15, 2023, at 10:00 a.am CST. Ordered by Judge Shon Hastings. (Text order only). Signed on 8/3/2023. (sfh, Court)
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Filing 28
Order Granting Debtor's Motion to Retain Existing Bank Accounts (Related Doc #4). Debtors alleged cause for granting the relief they seek. The United States Trustee asserted no objection. The motion is granted. Debtors are authorized to retain their existing bank accounts providing they comply with 11 U.S.C. 345. Ordered by Judge Shon Hastings. (Text order only). Signed on 8/3/2023. (sfh, Court)
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| Final Hearing Cancelled On #4 Motion to Retain Existing Bank Accounts filed by Debtor Bourbon Street LLC, #6 Motion for Leave to Pay Pre-Petition Employee Wages filed by Debtor Bourbon Street LLC, #8 Motion for Leave to Pay Claims of Critical Vendors filed by Debtor Bourbon Street LLC. (sfh, Court) |
| Filing 27 Hearing Held On #2 Motion for Joint Administration filed by Debtor Bourbon Street LLC, #3 Motion to Maintain and Administer Gift Cards filed by Debtor Bourbon Street LLC, #4 Motion to Retain Existing Bank Accounts filed by Debtor Bourbon Street LLC, #5 Motion for Leave to Use Cash Collateral filed by Debtor Bourbon Street LLC, #6 Motion for Leave to Pay Pre-Petition Employee Wages filed by Debtor Bourbon Street LLC, #7 Motion to Alter Payment Structure for Chief Executive filed by Debtor Bourbon Street LLC, #8 Motion for Leave to Pay Claims of Critical Vendors filed by Debtor Bourbon Street LLC. APPEARANCES BY: Attorney Maurice VerStandig for Debtor; Attorney Sarah Wencil for United States Trustee; Attorney John Schroeder for Alerus Financial; Attorney John Krings for Choice Financial; Thomas Kapusta, Subchapter V Trustee. DISPOSITION: For the reasons stated on the record at the August 2, 2023, hearing, the Debtor's Motion for Joint Administration is GRANTED on an interim basis until final hearing. Debtor's Motion to Maintain and Administer Gift Cards is GRANTED on an interim basis. Debtor's Motion to Retain Existing Bank Accounts is GRANTED. Debtor's Motion for Use of Cash Collateral is GRANTED on an interim basis. Debtor's Motion for Leave to Pay Pre-petition Employee Wages is GRANTED. Debtor's Motion to Alter Payment Structure for Chief Executive is DENIED interim relief. The Court will consider the merits of Debtor's Motion at the final hearing scheduled for August 15, 2023. Debtor's Motion for Leave to Pay Claims of Critical Vendors is GRANTED. TIME OF HEARING: 2:00 to 4:25 p.m. (sfh, Court) |
| Filing 26 PDF with attached Audio File. Court Date & Time [ 8/2/2023 1:52:07 PM ]. File Size [ 69330 KB ]. Run Time [ 02:24:26 ]. (admin). |
| Filing 25 Notice of Appearance and Request for Notice by John M Krings Jr. Filed by Creditor Choice Financial Group. (Krings, John) |
| Filing 24 Objection to (related document(s): #2 Motion for Joint Administration with the following case(s): In re Petri Enterprises, LLC, Case No. 23-30247 (Bankr. D. N.D. 2023), In re Gannett Peak, LLC, Case No. 23-30248 (Bankr. D. N.D. 2023) and Certificate of Service filed by Debtor Bourbon Street LLC, #3 Motion for Leave to Maintain and Administer Gift Cards on an Interim and Final Basis and Certificate of Service filed by Debtor Bourbon Street LLC, #5 Motion to Use Cash Collateral filed by Debtor Bourbon Street LLC, #6 Motion for Leave to Pay Pre-Petition Employee Wages and Certificate of Service filed by Debtor Bourbon Street LLC, #7 Motion to Alter Payment Structure for Chief Executive and Certificate of Service filed by Debtor Bourbon Street LLC, #8 Motion for Leave to Pay Claims of Critical Vendors and Certificate of Service filed by Debtor Bourbon Street LLC) Including Certificate of Service Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah) |
| Filing 23 Certificate of Service Filed by Debtor Bourbon Street LLC ( related document(s)#3 Generic Motion, #5 Motion to Use Cash Collateral, #6 Generic Motion, #7 Generic Motion). (Attachments: #1 Mailing Matrix) (VerStandig, Maurice) |
| Filing 22 Witness List , Exhibit List for August 2, 2023 Hearing Filed by Debtor Bourbon Street LLC. (Attachments: #1 Exhibit A - Most Recent Payroll Report for Bourbon Street #2 Exhibit B - Most Recent Payroll Report for Gannett Peak #3 Exhibit C - Most Recent Payroll Report for Petri Enterprises #4 Exhibit D - Budget for Bourbon Street #5 Exhibit E - Budget for Gannett Peak #6 Exhibit F - Budget for Petri Enterprises) (VerStandig, Maurice) |
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Filing 21
Order Granting Motion by United States Trustee for Attorney Sarah Wencil to Appear By Video Conference at the Expedited Hearings on Doc. 2 - Debtor's Motion for Joint Administration; Doc. 3 - Debtor's Motion for Leave to Maintain and Administer Gift Cards; Doc. 4 - Debtor's Motion to Retain Existing Bank Accounts; Doc. 5 - Debtor's Motion for Leave to Use Cash Collateral; Doc. 6 - Debtor's Motion for Leave to Pay Pre-Petition Employee Wages; Doc. 7 - Debtor's Motion to Alter Payment Structure for Chief Executive; Doc. 8 - Debtor's Motion for Leave to Pay Claims of Critical Vendors scheduled for Wednesday, August 2, 2023 at 2:00 p.m. (Related Doc #20). The latest video conference instructions and the link to join are located at: https://www.ndb.uscourts.gov/video-conference. To test your video conference connection, please submit the form located at https://www.ndb.uscourts.gov/VCtestform. Ordered By Judge Shon Hastings. (Text order only). Signed on 8/1/2023. (sfh, Court) Modified on 8/1/2023 (sfh, Court).
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| Filing 20 Motion to Appear By Video Conference (related documents: #2 Motion for Joint Administration, #3 Motion for Leave to Maintain and Administer Gift Cards on an Interim and Final Basis, #4 Motion to Retain Existing Bank Accounts, #5 Motion to Use Cash Collateral, #6 Motion for Leave to Pay Pre-Petition Employee Wages, #7 Motion to Alter Payment Structure for Chief Executive, #8 Motion for Leave to Pay Claims of Critical Vendors) Filed by U.S. Trustee Robert B. Raschke (Wencil, Sarah). (corrected docket linkage) Modified on 8/1/2023 (mjk, Court). |
| Filing 19 Meeting of Creditors 341(a) meeting to be held on 9/6/2023 at 1:30 PM by Telephone conference ONLY. Toll free: 866-821-5980, Participant # 9065076. Last day to oppose discharge or dischargeability is 11/6/2023. Proofs of Claim due by 10/10/2023. Government Proof of Claim due by 1/25/2024. (mjk, Court) |
| Filing 18 Notice Appointing Subchapter V Trustee . Thomas Kapusta added to the case. Filed by U.S. Trustee Robert B. Raschke. (Raschke, Robert) |
| Filing 17 Application to Employ Maurice VerStandig as General Reorganization Counsel Including: Notice of Motion served on 7/31/2023 and Certificate of Service Filed by Debtor Bourbon Street LLC Last day to object is 08/14/2023. (Attachments: #1 Declaration of Maurice VerStandig #2 Engagement Agreement #3 Notice of Application to Employ) (VerStandig, Maurice) |
| Filing 16 Certificate of Service Filed by Debtor Bourbon Street LLC ( related document(s)#14 Order on Motion to Expedite Hearing, #15 Order to Set Status Conference). (Attachments: #1 Exhibit A - Mailing Matrix) (VerStandig, Maurice) |
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Filing 15
Order Setting Telephonic Status Conference in a Case Filed Under Subchapter V Signed on 7/31/2023. Telephonic Hearing to be held on 9/12/2023 at 10:00 AM. Pre-Status Conference Report Due By 8/29/2023. Attorney Maurice VerStandig to serve order on interested parties. (sfh, Court)
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Filing 14
Order Granting Motion to Expedite Hearing Signed on 7/31/2023 (Related Doc #9). Expedited Hearing to be held on 8/2/2023 at 02:00 PM Quentin N. Burdick U.S. Courthouse, Courtroom #3, 2nd Floor, 655 1st Ave. N., Fargo, ND 58102 On #2 Debtor's Motion for Joint Administration; #3 Debtor's Motion for Leave to Maintain and Administer Gift Cards on an Interim and Final Basis; #4 Debtor's Motion to Retain Existing Bank Accounts; #5 Debtor's Motion for Leave to Use Cash Collateral on an Interim and Final Basis; #6 Debtor's Motion for Leave to Pay Pre-Petition Employee Wages; #7 Debtor's Motion to alter Payment Structure for Chief Executive; and #8 Debtor's Motion for Leave to Pay Claims of Critical Vendors. Written objections shall be filed by noon Wednesday, August 2, 2023. A final hearing on all motions will be held on Tuesday, August 15, 2023 at 10:00 a.m. Additional objections to all motions shall be filed by August 14, 2023. Attorney Maurice VerStandig to serve order. (sfh, Court) Additional attachment(s) added on 7/31/2023 (sfh, Court). (Part 1 restricted due to incorrect PDF) Modified on 7/31/2023 (mjk, Court).
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| Filing 13 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) |
| Filing 12 Chapter 11 Small Business Deadlines. SB Statement of Operations Due: 8/7/2023. SB Balance Sheet: 8/7/2023. Tax Return Deadline: 8/7/2023. SB Cash Flow Statement: 8/7/2023. (mjk, Court) |
| Filing 11 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) |
| Judge Shon Hastings added to case. (mjk, Court) |
| Final Hearing Set On #2 Debtor's Motion for Joint Administration; #3 Debtor's Motion for Leave to Maintain and Administer Gift Cards on an Interim and Final Basis; #4 Debtor's Motion to Retain Existing Bank Accounts; #5 Debtor's Motion for Leave to Use Cash Collateral on an Interim and Final Basis; #6 Debtor's Motion for Leave to Pay Pre-Petition Employee Wages; #7 Debtor's Motion to Alter Payment Structure for Chief Executive; and #8 Debtor's Motion for Leave to Pay Claims of Critical Vendors. Final Hearing to be held on 8/15/2023 at 10:00 AM Quentin N. Burdick U.S. Courthouse, Courtroom #3, 2nd Floor, 655 1st Ave. N., Fargo, ND 58102. Additional objections to all motions shall be filed by August 14, 2023. (sfh, Court) |
| Filing 10 Declaration Under Penalty of Perjury for Non-individual Debtors Filed by Debtor Bourbon Street LLC ( related document(s)#9 Motion to Expedite Hearing). (VerStandig, Maurice) |
| Filing 9 Motion to Expedite Hearing (related documents #2 Motion for Joint Administration, #3 Generic Motion, #4 Generic Motion, #5 Motion to Use Cash Collateral, #6 Generic Motion, #7 Generic Motion, #8 Generic Motion) Filed by Debtor Bourbon Street LLC (VerStandig, Maurice) (updated for statistical purposes only) Modified on 7/31/2023 (mjk, Court). |
| Filing 8 Motion for Leave to Pay Claims of Critical Vendors and Certificate of Service Filed by Debtor Bourbon Street LLC (VerStandig, Maurice) (updated for statistical purposes only) Modified on 7/31/2023 (mjk, Court). |
| Filing 7 (WITHDRAWN at #49) Motion to Alter Payment Structure for Chief Executive and Certificate of Service Filed by Debtor Bourbon Street LLC (VerStandig, Maurice) (updated for statistical purposes only) Modified on 7/31/2023 (mjk, Court). Modified on 8/15/2023 (mjk, Court). |
| Filing 6 Motion for Leave to Pay Pre-Petition Employee Wages and Certificate of Service Filed by Debtor Bourbon Street LLC (VerStandig, Maurice) (updated for statistical purposes only) Modified on 7/31/2023 (mjk, Court). |
| Filing 5 Motion to Use Cash Collateral Filed by Debtor Bourbon Street LLC (Attachments: #1 Exhibit A - Petri Enterprises, LLC Weekly Budget #2 Exhibit B - Bourbon Street LLC Weekly Budget #3 Exhibit C - Gannett Peak, LLC Weekly Budget) (VerStandig, Maurice) |
| Filing 4 Motion to Retain Existing Bank Accounts and Certificate of Service Filed by Debtor Bourbon Street LLC (VerStandig, Maurice) (updated for statistical purposes only) Modified on 7/31/2023 (mjk, Court). |
| Filing 3 Motion for Leave to Maintain and Administer Gift Cards on an Interim and Final Basis and Certificate of Service Filed by Debtor Bourbon Street LLC (VerStandig, Maurice) (updated for statistical purposes only) Modified on 7/31/2023 (mjk, Court). |
| Filing 2 Motion for Joint Administration with the following case(s): In re Petri Enterprises, LLC, Case No. 23-30247 (Bankr. D. N.D. 2023), In re Gannett Peak, LLC, Case No. 23-30248 (Bankr. D. N.D. 2023) and Certificate of Service Filed by Debtor Bourbon Street LLC (VerStandig, Maurice) (updated for statistical purposes only) Modified on 7/31/2023 (mjk, Court). |
| Filing 1 Chapter 11 SubchapterV Voluntary Petition Non-Individual. Fee Amount $1738 Filed by Maurice VerStandig on behalf of Bourbon Street LLC. Chapter 11 Plan Small Business Subchapter V Due by 10/27/2023. (VerStandig, Maurice) |
| Receipt of Voluntary Petition (Chapter 11)(# 23-30246) [misc,volp11] (1738.00) Filing Fee. Receipt number A1490499. Fee amount 1738.00. (U.S. Treasury) |
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