Bartley Industries Inc
| Bartley Industries Inc |
| Stephen J. Moriarty |
| United States Trustee |
| 5:2021bk12565 |
| September 25, 2021 |
| U.S. Bankruptcy Court for the Western District of Oklahoma |
| Sarah A Hall |
| Other |
Docket Report
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This docket was last retrieved on November 23, 2021. A more recent docket listing may be available from PACER.
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Filing 119
Agreed Final Order Granting Motion To Approve Use of Cash Collateral (Related Doc #18) And Granting Adequate Protection Signed by Judge Hall. Time signed: 14:53 cc: Matrix Service by dwebs Date: 11/23/2021 (dwebs, ca)
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| Filing 118 Minutes of Hearing held on: 11/23/2021Subject: TELEPHONIC FINAL HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL ORDERS AUTHORIZING USE OF CASH COLLATERAL, GRANTING ADEQUATE PROTECTION, AND SCHEDULING A FINAL HEARING (B. DAVID SISSON) RESP (DOC 42): UNITED STATES TRUSTEE (JEFFREY E. TATE) RESP (DOC 43): FIRST UNITED BANK & TRUST COMPANY (WILLIAM RILEY NIX) LIMITED OBJ (DOC 95): FIRST UNITED BANK & TRUST COMPANY (WILLIAM RILEY NIX)Appearances: B. David Sisson, Attorney for Debtor; Stephen Moriarty, Trustee; Marc Taubenfeld, Attorney for First United Bank & Trust Proceedings Electronically Recorded by: ATTProceedings: Telephonic hearing held. Parties announced they have reached an agreement. The Court, after hearing the terms of the agreement stated on the record, grants the Debtor's Emergency Motion for Use of Cash Collateral (Doc 18) on a final basis. Attorney Sisson to circulate and upload final order. (vCal Hearing ID (235292)). (related documents #18 )(DCAL) |
| Filing 117 Amended Notice of Witnesses/Exhibit List Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss))) (Sisson, B) |
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Filing 116
Amended Notice of Witnesses/Exhibit List with Certificate of Service Filed by William Riley Nix on behalf of First United Bank & Trust Company (RE: related document(s)#18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss)), #74 Agreed Order for Use of Cash Collateral (Interim), Order for Adequate Protection , Order to Set Hearing Signed by Judge Hall. Time signed: 16:02 cc: Matrix Service by sn Date: 10/13/2021 (RE: related document(s)#18 Motion/Application to Approve Use of Cash Collateral (chp 11) filed by Debtor Bartley Industries Inc). Final Hearing to be held on 11/1/2021 at 09:30 AM Telephonically for #18, (Attachments: # 1 Exhibit Budget)) (Attachments: #1 Exhibit A - Note #2 Exhibit B - Secy Agmt #3 Exhibit C - UCC #4 Exhibit D - Guaranty Donna Clark #5 Exhibit E - Guaranty of Dera Clark #6 Exhibit I - Budget Part A #7 Exhibit I - Budget Part B #8 Exhibit J - Profit & Loss #9 Exhibit K - Docket Sheet #10 Exhibit M - Lawsuit Part 1 Amended Petition #11 Exhibit M - Lawsuit Part 2 MSJ) (Nix, William)
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Filing 115
Notice of Witnesses/Exhibit List with Certificate of Service Filed by William Riley Nix on behalf of First United Bank & Trust Company (RE: related document(s)#18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss)), #74 Agreed Order for Use of Cash Collateral (Interim), Order for Adequate Protection , Order to Set Hearing Signed by Judge Hall. Time signed: 16:02 cc: Matrix Service by sn Date: 10/13/2021 (RE: related document(s)#18 Motion/Application to Approve Use of Cash Collateral (chp 11) filed by Debtor Bartley Industries Inc). Final Hearing to be held on 11/1/2021 at 09:30 AM Telephonically for #18, (Attachments: # 1 Exhibit Budget)) (Attachments: #1 Exhibit A - Note #2 Exhibit B - Secy Agmt #3 Exhibit C - UCC #4 Exhibit D - Guaranty of Donna Clark #5 Exhibit E - Guaranty of Dera Clark #6 Exhibit I - Budget Part A #7 Exhibit I - Budget Part B #8 Exhibit J - Profit & Loss #9 Exhibit K - Docket Sheet #10 Exhibit M - Lawsuit Part 1 Petition #11 Exhibit M - Lawsuit Part 2 MSJ) (Nix, William)
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| Filing 114 Debtor-In-Possession Monthly Operating Report for Filing Period October 2021 Filed by B David Sisson on behalf of Bartley Industries Inc. (Sisson, B) |
| Filing 113 Minutes of Hearing held on: 11/15/2021Subject: TELEPHONIC STATUS CONFERENCE Appearances: B. David Sisson, Attorney for Debtor; Jeffrey Tate, Attorney for US Trustee; Stephen Moriarty, Trustee; William Riley Nix, Attorney for First United Bank & Trust Proceedings Electronically Recorded by: ATTProceedings: Telephonic Status Conference held. Debtor's counsel advised the Court 1) that he is in the process of obtaining an explanation of certain line items in financial statements for trustee that significantly impact liquidation analysis; 2) Debtor is working to resolve pending shareholder derivative action that must be resolved prior to plan confirmation as well as other pending litigation; 3) Debtor is currently working on a plan which is due 12/27/21; and 4) Debtor will file the Monthly Operating Report no later than 11/19/21. (vCal Hearing ID (234135)). (related documents #1 )(DCAL) |
| Filing 112 Meeting of Creditors Held. Debtors representative appeared, was examined and meeting concluded. Creditor committee has not been appointed.. Appearances: Appearances Noted on Attachment . (Attachments: #1 Attachment Appearances)(Tate, Jeffrey) |
| Filing 111 Pre-Status Conference Report Filed by B David Sisson on behalf of Bartley Industries Inc. (Sisson, B) |
| Filing 110 Official Form 26 Filing was Authorized. Filed by B David Sisson on behalf of Bartley Industries Inc. (Sisson, B) |
| Filing 109 BNC Certificate of Mailing. (RE: related document(s)#102 Order on Motion to Approve Payment of Pre-Petition Wages/Benefits (chp 11)) No. of Notices: 20. Notice Date 10/31/2021. (Admin.) |
| Filing 108 BNC Certificate of Mailing. (RE: related document(s)#101 Order on Motion for Miscellaneous Relief) No. of Notices: 20. Notice Date 10/31/2021. (Admin.) |
| Filing 107 BNC Certificate of Mailing. (RE: related document(s)#100 Order on Motion for Continuation of Utility Service (chp 11)) No. of Notices: 20. Notice Date 10/31/2021. (Admin.) |
| Filing 106 BNC Certificate of Mailing. (RE: related document(s)#99 Order on Motion to Continue Use of Bank Accounts) No. of Notices: 20. Notice Date 10/31/2021. (Admin.) |
| Filing 105 BNC Certificate of Mailing. (RE: related document(s)#98 Order on Motion for Miscellaneous Relief) No. of Notices: 20. Notice Date 10/31/2021. (Admin.) |
| Filing 104 BNC Certificate of Mailing. (RE: related document(s)#97 Order on Motion to Continue/Reschedule Hearing or Trial) No. of Notices: 20. Notice Date 10/30/2021. (Admin.) |
| Filing 103 Virtual Minutes of Hearing held on: 11/01/2021 Subject: TELEPHONIC FINAL HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL AUTHORIZATION TO MAINTAIN EXISTING BANK ACCOUNTS (B. DAVID SISSON)RESP (DOC 36): UNITED STATES TRUSTEE (JEFFREY E. TATE) AND TELEPHONIC FINAL HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL ORDERS GRANTING AUTHORIZATION TO PAY CERTAIN PREPETITION TAXES AND FEES (B. DAVID SISSON)RESP (DOC 37): UNITED STATES TRUSTEE (JEFFREY E. TATE) AND TELEPHONIC FINAL HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL AUTHORIZATION TO CONTINUE INSURANCE PROGRAMS (B. DAVID SISSON)RESP (DOC 38): UNITED STATES TRUSTEE (JEFFREY E. TATE) AND TELEPHONIC FINAL HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL ORDERS AUTHORIZING DEBTOR TO HONOR PREPETITION OBLIGATIONS TO EMPLOYEES AND CONTINUE EMPLOYEE BENEFITS PROGRAMS (B. DAVID SISSON)RESP (DOC 39): UNITED STATES TRUSTEE (JEFFREY E. TATE) AND TELEPHONIC FINAL HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL ORDERS DETERMINING ADEQUATE ASSURANCE OF PAYMENT FOR FUTURE UTILITY SERVICES (B. DAVID SISSON)RESP (DOC 41): UNITED STATES TRUSTEE (JEFFREY E. TATE) AND TELEPHONIC FINAL HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL ORDERS AUTHORIZING USE OF CASH COLLATERAL, GRANTING ADEQUATE PROTECTION, AND SCHEDULING A FINAL HEARING (B. DAVID SISSON)RESP (DOC 42): UNITED STATES TRUSTEE (JEFFREY E. TATE)RESP (DOC 43): FIRST UNITED BANK & TRUST COMPANY (WILLIAM RILEY NIX)LIMITED OBJ (DOC 95): FIRST UNITED BANK & TRUST COMPANY (WILLIAM RILEY NIX). Appearances: NONE. Proceedings Electronically Recorded by: N/A Proceedings: (1) Hearing stricken. Agreed final order entered 10/29/21 granting Debtor's Emergency Motion to Continue Use of Bank Accounts (Doc 10).(2) Hearing stricken. Agreed final order entered 10/29/21 granting Debtor's Emergency Motion to Pay Certain Prepetition Taxes and Fees (Doc 11).(3) Hearing stricken. Agreed final order entered 10/29/21 granting Debtor's Emergency Motion to Continue Insurance Programs (Doc 12).(4) Hearing stricken. Agreed final order entered 10/29/21 granting Debtor's Emergency Motion to Approve Payment of Pre-Petition Wages and Benefits Programs (Doc 13).(5) Hearing stricken. Agreed final order entered 10/29/21 granting Debtor's Emergency Motion for Continuation of Utility Services (Doc 16).(6) Final telephonic hearing regarding Doc 18 continued by agreement of the parties to 11/23/21 at 1:30 p.m. The call-in number is 866-590-5055 and Access Code is 4489321. (vCal Hearing ID (234856)). (related document(s)#10, #11, #12, #16, #13, #18) (dcalv) |
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Filing 102
Agreed Final Order Granting Motion to Approve Payment of Pre-petition Wages/Benefits (Related Doc #13) Signed by Judge Hall. Time signed: 8:43 cc: matrix Service by dcus Date: 10/29/21 (dcus, ca)
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Filing 101
Agreed Final Order Granting Motion On Debtor's Emergency Motion For Final Orders Granting Authorization To Pay Certain Prepetition Taxes and Fees (Related Doc #11) Signed by Judge Hall. Time signed: 8:43 cc: Matrix Service by dwebs Date: 10/29/2021 (dwebs, ca)
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Filing 100
Agreed Final Order Granting Motion for Continuation of Utility Service (Related Doc #16) Signed by Judge Hall. Time signed: 8:43 cc: matrix Service by dcus Date: 10/29/21 (dcus, ca)
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Filing 99
Agreed Final Order Granting Motion to Continue Use of Bank Accounts (Related Doc #10) Signed by Judge Hall. Time signed: 8:43 cc: matrix Service by dcus Date: 10/29/21 (dcus, ca)
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Filing 98
Agreed Final Order Granting Motion on Debtor's Emergency Motion for Final Authorization to Continue Insurance Programs (Related Doc #12) Signed by Judge Hall. Time signed: 8:43 cc: matrix Service by dcus Date: 10/29/21 (dcus, ca)
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Filing 97
Order Granting Motion To Continue/Reschedule Hearing (Related Doc #96) (RE: related document(s)#18 Motion/Application to Approve Use of Cash Collateral (chp 11) filed by Debtor Bartley Industries Inc). Signed by Judge Hall. Time signed: 15:26 cc: Matrix Service by dwebs Date: 10/28/2021 Hearing to be held on 11/23/2021 at 01:30 PM Telephonically for #18, (dwebs, ca)
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| Filing 96 Unopposed Application to Continue Hearing With Brief in Support, With Certificate of Service, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (RE: related document(s)#18 Motion/Application to Approve Use of Cash Collateral (chp 11) filed by Debtor Bartley Industries Inc). (Attachments: #1 Exhibit A - Sisson Consent #2 Exhibit B - Tate Consent #3 Exhibit C - Gooding Consent #4 Exhibit D - Ketter Consent #5 Exhibit E - Laks Consent) (Nix, William) |
| Court Correction Advisory: Docket entry 95 Objection should have been linked to docket entry 18. The clerks office has corrected or added the link. (snet, ca) |
| Filing 95 Limited Objection to (related document(s): #74 Order to Use Cash Collateral, Order for Adequate Protection, Order to Set Hearing) & Debtor's Emergency Motion to Use Cash Collateral [#18] - Final Hrg Set 11/1/2021 . Filed by William Riley Nix on behalf of First United Bank & Trust Company with Brief in Support with Certificate of Service (Attachments: #1 Exhibit A - Sisson Consent #2 Exhibit B - Tate Consent #3 Exhibit C - Gooding Consent #4 Exhibit D - Ketter Consent #5 Exhibit E - Laks Consent) (Nix, William). Related document(s) #18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing filed by Debtor Bartley Industries Inc. Modified on 10/26/2021 to add additional link to docket entry 18 (snet, ca). |
| Filing 94 Notice of Appearance and Request for Notice for Co-Counsel Marc Taubenfeld with Certificate of Service Filed by William Riley Nix on behalf of First United Bank & Trust Company. (Nix, William) |
| Filing 93 BNC Certificate of Mailing. (RE: related document(s)#90 Order on Motion to Employ Attorney) No. of Notices: 20. Notice Date 10/21/2021. (Admin.) |
| Filing 92 Notice of Appearance and Request for Notice with Certificate of Service Filed by Lorena M Laks of Oklahoma Tax Commission on behalf of Oklahoma Tax Commission. (Laks, Lorena) |
| Filing 91 Debtor-In-Possession Monthly Operating Report for Filing Period Sept 25 - Sept 30 2021 Filed by B David Sisson on behalf of Bartley Industries Inc. (Sisson, B) |
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Filing 90
Order Granting Motion/Application to Employ Attorney (Related Doc #2) B David Sisson attorney for Debtor. Signed by Judge Hall. Time signed: 12:09 cc: Matrix Service by sn Date: 10/19/2021 (snet, ca)
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| Filing 89 BNC Certificate of Mailing. (RE: related document(s)#80 Order for Miscellaneous Relief) No. of Notices: 20. Notice Date 10/17/2021. (Admin.) |
| Filing 88 BNC Certificate of Mailing. (RE: related document(s)#77 Order on Motion to Appear Pro Hac Vice) No. of Notices: 4. Notice Date 10/16/2021. (Admin.) |
| Filing 87 BNC Certificate of Mailing. (RE: related document(s)#74 Order to Use Cash Collateral) No. of Notices: 18. Notice Date 10/15/2021. (Admin.) |
| Filing 86 BNC Certificate of Mailing. (RE: related document(s)#73 Order for Continuation of Utility Service) No. of Notices: 18. Notice Date 10/15/2021. (Admin.) |
| Filing 85 BNC Certificate of Mailing. (RE: related document(s)#72 Order to Approve Payment of Pre-Petition Wages/Benefits) No. of Notices: 18. Notice Date 10/15/2021. (Admin.) |
| Filing 84 BNC Certificate of Mailing. (RE: related document(s)#71 Order for Miscellaneous Relief) No. of Notices: 18. Notice Date 10/15/2021. (Admin.) |
| Filing 83 BNC Certificate of Mailing. (RE: related document(s)#70 Order for Miscellaneous Relief) No. of Notices: 18. Notice Date 10/15/2021. (Admin.) |
| Filing 82 BNC Certificate of Mailing. (RE: related document(s)#69 Order to Continue Use of Bank Accounts) No. of Notices: 18. Notice Date 10/15/2021. (Admin.) |
| Filing 81 BNC Certificate of Mailing. (RE: related document(s)#66 Order to Set Claims Bar Date) No. of Notices: 18. Notice Date 10/15/2021. (Admin.) |
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Filing 80
Agreed Corrected Interim Order on Debtor's Emergency Motion for Interim and Final Orders Granting Authorization to Pay Certain Prepetition Taxes and Fees. Signed by Judge Hall. Time signed: 13:44 cc: Matrix Service by sn Date: 10/15/2021 (RE: related document(s)#11 Motion for Miscellaneous Relief filed by Debtor Bartley Industries Inc, #70 Order for Miscellaneous Relief, Order to Set Hearing). (snet, ca)
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| Court Correction Advisory: Docket Entry 70 Agreed Interim Order on Debtor's Emergency Motion for Interim and Final Orders Granting Authorization to Pay Certain Prepetition Taxes and Fees: The docket text listed the incorrect time. The correct time is 9:30am. Hearing is scheduled for 11/1/2021 at 9:30 AM telephonically. All other hearing information remains the same. The clerks office has corrected the docket text to reflect Interim and to show the correct time. (snet, ca) |
| Filing 79 BNC Certificate of Mailing. (RE: related document(s)#63 Order to Strike Document) No. of Notices: 8. Notice Date 10/14/2021. (Admin.) |
| Filing 78 Receipt Number 00087605, Fee Amount $50.00 Attorney Marc W. Taubenfeld to Appear Pro Hac Vice to represent First United Bank & Trust. (RE: related document(s)#77 Order on Motion to Appear Pro Hac Vice) (dwebs, ca) |
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Filing 77
Order Granting Application/Motion to Appear Pro Hac Vice by Marc W. Taubenfeld as counsel for First United Bank & Trust. (Related Doc #50) Involvement of Marc W Taubenfeld for First United Bank & Trust added to case. Signed by Judge Hall. Time signed: 14:49 cc: CM/ECF Registrants Service by dwebs Date: 10/14/2021 (dwebs, ca)
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| Filing 76 Certificate of Service Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#68 Notice of Claims Bar Date). (Sisson, B) |
| Filing 75 Certificate of Service Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#66 Order to Set Claims Bar Date). (Sisson, B) |
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Filing 74
Agreed Order for Use of Cash Collateral (Interim), Order for Adequate Protection , Order to Set Hearing Signed by Judge Hall. Time signed: 16:02 cc: Matrix Service by sn Date: 10/13/2021 (RE: related document(s)#18 Motion/Application to Approve Use of Cash Collateral (chp 11) filed by Debtor Bartley Industries Inc). Final Hearing to be held on 11/1/2021 at 09:30 AM Telephonically for #18, (Attachments: #1 Exhibit Budget) (snet, ca)
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Filing 73
Agreed Order for Continuation of Utility Service (Interim) , Order to Set Hearing Signed by Judge Hall. Time signed: 15:33 cc: Matrix Service by sn Date: 10/13/2021 (RE: related document(s)#16 Motion/Application for Continuation of Utility Service (chp 11) filed by Debtor Bartley Industries Inc). Final Hearing to be held on 11/1/2021 at 09:30 AM Telephonically for #16, (snet, ca) Modified on 10/15/2021 to show (Interim) (snet, ca).
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Filing 72
Order to Approve Payment of Pre-Petition Wages/Benefits and to Continue to pay Wages, Salaries, and Continue Benefits (Interim), Order to Set Hearing Signed by Judge Hall. Time signed: 15:33 cc: Matrix Service by sn Date: 10/13/2021 (RE: related document(s)#13 Motion/Application to Approve Payment Pre-Petition Wages/Benefits (chp 11) filed by Debtor Bartley Industries Inc). Final Hearing to be held on 11/1/2021 at 09:30 AM Telephonically for #13, (Attachments: #1 Exhibit Employee Payroll) (snet, ca)
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Filing 71
Agreed Order on Debtor's Emergency Motion for Interim and Final Authorization to Continue Insurance Programs., Order to Set Hearing Signed by Judge Hall. Time signed: 15:33 cc: Matrix Service by sn Date: 10/13/2021 (RE: related document(s)#12 Motion for Miscellaneous Relief filed by Debtor Bartley Industries Inc). Final Hearing to be held on 11/1/2021 at 09:30 AM Telephonically for #12, (snet, ca)
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Filing 70
Agreed Interim Order on Debtor's Emergency Motion for Interim and Final Orders Granting Authorization to Pay Certain Prepetition Taxes and Fees., Order to Set Hearing Signed by Judge Hall. Time signed: 15:33 cc: Matrix Service by sn Date: 10/13/2021 (RE: related document(s)#11 Motion for Miscellaneous Relief filed by Debtor Bartley Industries Inc). Final Hearing to be held on 11/1/2021 at 9:30 AM Telephonically for #11, (snet, ca) Modified on 10/15/2021 to show the correct hearing time of 9:30 AM and add Interim (snet, ca).
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Filing 69
Agreed Order to Continue Use of Bank Accounts (Interim), Order to Set Hearing Signed by Judge Hall. Time signed: 15:33 cc: Matrix Service by sn Date: 10/13/2021 (RE: related document(s)#10 Motion to Continue Use of Bank Accounts filed by Debtor Bartley Industries Inc). Final Hearing to be held on 11/1/2021 at 09:30 AM Telephonically for #10, (snet, ca)
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| Filing 68 Notice of Claims Bar Date. Last date to file Proof of Claims: November 15 2021 Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Attachment Form 410) (Sisson, B) |
| Filing 67 Virtual Minutes of Hearing held on: 10/13/2021 Subject: TELEPHONIC HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL AUTHORIZATION TO MAINTAIN EXISTING BANK ACCOUNTS (B. DAVID SISSON)RESP (DOC 36): UNITED STATES TRUSTEE (JEFFREY E. TATE) AND TELEPHONIC HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL ORDERS GRANTING AUTHORIZATION TO PAY CERTAIN PREPETITION TAXES AND FEES (B. DAVID SISSON)RESP (DOC 37): UNITED STATES TRUSTEE (JEFFREY E. TATE) AND TELEPHONIC HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL AUTHORIZATION TO CONTINUE INSURANCE PROGRAMS (B. DAVID SISSON)RESP (DOC 38): UNITED STATES TRUSTEE (JEFFREY E. TATE) AND TELEPHONIC HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL ORDERS AUTHORIZING DEBTOR TO HONOR PREPETITION OBLIGATIONS TO EMPLOYEES AND CONTINUE EMPLOYEE BENEFITS PROGRAMS (B. DAVID SISSON)RESP (DOC 39): UNITED STATES TRUSTEE (JEFFREY E. TATE) AND TELEPHONIC HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL ORDERS GRANTING AUTHORIZATION TO PAY PREPETITION CLAIMS OF CRITICAL VENDORS (B. DAVID SISSON)RESP (DOC 40): UNITED STATES TRUSTEE (JEFFREY E. TATE)RESP (DOC 44): FIRST UNITED BANK & TRUST COMPANY (WILLIAM RILEY NIX) AND TELEPHONIC HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL ORDERS DETERMINING ADEQUATE ASSURANCE OF PAYMENT FOR FUTURE UTILITY SERVICES (B. DAVID SISSON)RESP (DOC 41): UNITED STATES TRUSTEE (JEFFREY E. TATE) AND TELEPHONIC HEARING RE: DEBTOR'S EMERGENCY MOTION FOR INTERIM AND FINAL ORDERS AUTHORIZING USE OF CASH COLLATERAL, GRANTING ADEQUATE PROTECTION, AND SCHEDULING A FINAL HEARING (B. DAVID SISSON)RESP (DOC 42): UNITED STATES TRUSTEE (JEFFREY E. TATE)RESP (DOC 43): FIRST UNITED BANK & TRUST COMPANY (WILLIAM RILEY NIX) AND TELEPHONIC HEARING RE: FIRST UNITED BANK & TRUST COMPANY'S AMENDED EMERGENCY MOTION TO PROHIBIT DEBTOR'S USE OF CASH COLLATERAL, OR IN THE ALTERNATIVE, FOR ADEQUATE PROTECTION (WILLIAM RILEY NIX)RESP (DOC 64): DEBTOR (B. DAVID SISSON). Appearances: B. DAVID SISSON, ATTORNEY FOR DEBTOR;JEFFREY E. TATE, ATTORNEY FOR US TRUSTEE;WILLIAM RILEY NIX, ATTORNEY FOR FIRST UNITED BANK & TRUST COMPANY;STEPHEN J. MORIARTY, TRUSTEE;CLAYTON KETTER, ATTORNEY FOR VALLIANCE BANK;O. CLIFTON GOODING, ATTORNEY FOR CREDITOR DERA CLARK;DONNA BARTLEY, PRESIDENT AND CEO OF DEBTOR. Proceedings Electronically Recorded by: AT&T Proceedings: Telephonic hearing held. Based on the proffer of the Declaration of Donna J. Bartley (Doc 32) filed 9/30/21 and the announcement of debtor's counsel that all responses have been resolved the Court grants the following motions on an interim basis:(1) Debtor's emergency motion for interim and final authorization to maintain existing bank accounts (Doc 10);(2) Debtor's emergency motion for interim and final orders granting authorization to pay certain prepetition taxes and fees (Doc 11);(3) Debtor's emergency motion for interim and final authorization to continue insurance programs (Doc 12);(4) Debtor's emergency motion for interim and final orders authorizing debtor to honor prepetition obligations to employees and continue employee benefits programs (Doc 13);(5) Debtor's emergency motion for interim and final orders determining adequate assurance of payment for future utility services (Doc 16); and(6) Debtor's emergency motion for interim and final orders authorizing use of cash collateral, granting adequate protection, and scheduling a final hearing (Doc 18).The hearing on Debtor's emergency motion for interim and final orders granting authorization to pay prepetition claims of critical vendors (Doc 15) was stricken due to the withdrawal of the motion on 10/8/21.The hearing on First United Bank & Trust Company's Amended Emergency Motion to Prohibit Debtor's Use of Cash Collateral (Doc 52) was stricken due to the withdrawal of the motion on 10/12/21.The final hearing regarding Docs 10, 11, 12, 13, 16 and 18 is 11/1/21 at 9:30 a.m. to be heard telephonically. Any further objections due by noon on 10/27/21. Attorney Sisson to upload interim orders. (vCal Hearing ID (234244)). (related document(s)#10, #11, #15, #12, #16, #52, #13, #18) (dcalv) |
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Filing 66
Order Granting Motion to Set Claims Bar Date (Related Doc #3) Proofs of claim will be deemed timely and properly filed if filed with the Bankruptcy Court on or before November 15, 2021, at 5:00 p.m. CST. Signed by Judge Hall. Time signed: 13:11 cc: Matrix Service by sn Date: 10/13/2021 Proofs of Claims due 11/15/2021. Government Proof of Claim due 3/24/2022. (Attachments: #1 Attachment Notice of Claims Bar Date #2 Exhibit Form 410) (snet, ca)
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| Filing 65 Withdrawal of Document with Certificate of Service Filed by William Riley Nix on behalf of First United Bank & Trust Company (RE: related document(s)#52 Motion to Prohibit the Use of Cash Collateral, #53 Notice of Hearing). (Nix, William) |
| Filing 64 Response to (related document(s): #52 Amended Motion to Prohibit Use of Cash Collateral With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (RE: related document(s)#49 Motion for Emergency/Expedited Hearing filed by Creditor First United Bank & Trust Company). (Attachments: # 1 Exhibit A - Note # 2 Exhibit B - Secy Agmt # 3 Exhibit C - UCC-1 Stmts # 4 Exhibit D - Guaranty of Donna Clark # 5 Exhibit E - Guaranty of Dera Clark # 6 Proposed Order) filed by Creditor First United Bank & Trust Company) . Filed by B David Sisson on behalf of Bartley Industries Inc with Certificate of Service (Attachments: #1 Exhibit Change of Terms Agreement #2 Exhibit Draft Order Granting Use of Cash Collateral and Adequate Protection) (Sisson, B) |
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Filing 63
Order to Strike Document Signed by Judge Hall. Time signed: 11:26 cc: Debtor, Sisson, Nix, Tate, Gooding, Ketter, McKay, & Trustee Service by sn Date: 10/12/2021 (RE: related document(s)#56 Motion/Application to Approve Use of Cash Collateral (chp 11) filed by Debtor Bartley Industries Inc, #59 Motion/Application to Approve Use of Cash Collateral (chp 11) filed by Debtor Bartley Industries Inc). (snet, ca)
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| Corrective Entry Satisfied on docket entry 55 Notice of Witnesses/Exhibit List. (snet, ca) |
| Corrective Entry Satisfied on docket entry 48 Motion to Appear Pro Hac Vice. (snet, ca) |
| Corrective Entry Satisfied on docket entry 56 Amended Motion to Approve Use of Cash Collateral. Document was stricken per docket entry 63. (snet, ca) |
| Court Correction Advisory: Docket Entry 58 Notice of Witnesses/Exhibit List: The PDF image contains a prefix of Amended that is not indicated in the docket text. (asta, ca) |
| Filing 62 Initial Report of Debtor in Possession Filed by B David Sisson on behalf of Bartley Industries Inc. (Sisson, B) |
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Filing 61
Amended Notice of Witnesses/Exhibit List Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#19 Notice of Witnesses/Exhibit List for First Day Motions Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#9 Order Granting Motion/Application to Reduce Response Time 10/5/20212 at 12:00 pm and Set Expedited Hearing (Related Doc #7) Signed by Judge Hall. Time signed: 10:15 cc: Debtor & Sisson, Service by sn Date: 9/28/2021 Hearing to be held on 10/13/2021 at 01:30 PM Telephonically for #7,)) (Sisson, B)
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| Filing 60 BNC Certificate of Mailing. (RE: related document(s)#51 Order on Motion for Emergency/Expedite Hearing) No. of Notices: 18. Notice Date 10/08/2021. (Admin.) |
| Filing 59 STRICKEN: Amended Motion to Approve Use of Cash Collateral (Corrected Exhibit B) with Brief in Support with Certificate of Service Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#56 Amended Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss)) filed by Debtor Bartley Industries Inc). (Attachments: # 1 Proposed Order # 2 Exhibit B - Budget (amended)) filed by Debtor Bartley Industries Inc). (Attachments: #1 Proposed Order #2 Exhibit B - Budget)(Sisson, B) Modified on 10/12/2021 to show stricken per docket entry 63 (snet, ca). |
| Filing 58 Notice of Witnesses/Exhibit List with Certificate of Service Filed by William Riley Nix on behalf of First United Bank & Trust Company (RE: related document(s)#15 WITHDRAWN: Emergency Motion for Authorization to Pay Critical Vendors With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Critical Vendors) (Sisson, B) Modified on 10/8/2021 to show withdrawn per docket entry 57., #18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss)), #20 Notice of Scheduled Hearing on First Day Motions Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#10 Emergency Motion to Continue Use of Bank Accounts With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order), #11 Emergency Motion to Pay Pre-Petition Taxes With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order), #12 Emergency Motion to Continue Insurance Programs With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order), #13 Emergency Motion to Approve Pre-Petition Wages and/or Benefits and to Continue to pay Wages, Salaries, and Continue Benefits with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order), #15 Emergency Motion for Authorization to Pay Critical Vendors With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Critical Vendors), #16 Emergency Motion for Continuation of Utility Service with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order), #18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss))) Hearing to be held on 10/13/2021 at 01:30 PM Telephonically for #10 and for #12 and for #18 and for #13 and for #16 and for #15 and for #11,, #43 Response to (related document(s): #18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss)) filed by Debtor Bartley Industries Inc) . Filed by William Riley Nix on behalf of First United Bank & Trust Company with Brief in Support with Certificate of Service, #44 Response to (related document(s): #15 Emergency Motion for Authorization to Pay Critical Vendors With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Critical Vendors) filed by Debtor Bartley Industries Inc) . Filed by William Riley Nix on behalf of First United Bank & Trust Company with Brief in Support with Certificate of Service, #52 Amended Motion to Prohibit Use of Cash Collateral With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (RE: related document(s)#49 Motion for Emergency/Expedited Hearing filed by Creditor First United Bank & Trust Company). (Attachments: # 1 Exhibit A - Note # 2 Exhibit B - Secy Agmt # 3 Exhibit C - UCC-1 Stmts # 4 Exhibit D - Guaranty of Donna Clark # 5 Exhibit E - Guaranty of Dera Clark # 6 Proposed Order), #53 Notice of Scheduled Hearing Filed by William Riley Nix on behalf of First United Bank & Trust Company (RE: related document(s)#52 Amended Motion to Prohibit Use of Cash Collateral With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (RE: related document(s)#49 Motion for Emergency/Expedited Hearing filed by Creditor First United Bank & Trust Company). (Attachments: # 1 Exhibit A - Note # 2 Exhibit B - Secy Agmt # 3 Exhibit C - UCC-1 Stmts # 4 Exhibit D - Guaranty of Donna Clark # 5 Exhibit E - Guaranty of Dera Clark # 6 Proposed Order)) Hearing to be held on 10/13/2021 at 01:30 PM Telephonically for #52,, #56 Amended Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss)) filed by Debtor Bartley Industries Inc). (Attachments: # 1 Proposed Order # 2 Exhibit B - Budget (amended))) (Attachments: #1 Exhibit A - Note #2 Exhibit B - Secy Agmt #3 Exhibit C - UCC-1 #4 Exhibit D - Guaranty of Donna Clark #5 Exhibit E - Guaranty of Dera Clark #6 Exhibit F - Proposed Order #7 Exhibit G - Docket Sheet #8 Exhibit H - Budget Part A #9 Exhibit H - Budget Part B #10 Exhibit I - Profit & Loss Stmt) (Nix, William) |
| Filing 57 Withdrawal of Document (Critical Vendor Emergency Motion) Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#15 Motion for Miscellaneous Relief). (Sisson, B) |
| Filing 56 STRICKEN: Amended Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss)) filed by Debtor Bartley Industries Inc). (Attachments: #1 Proposed Order #2 Exhibit B - Budget (amended))(Sisson, B) Modified on 10/12/2021 to show stricken per docket entry 63 (snet, ca). |
| Filing 55 Notice of Witnesses/Exhibit List with Certificate of Service Filed by William Riley Nix on behalf of First United Bank & Trust Company (RE: related document(s)#7 Motion to Shorten Response Time and Set Expedited Hearing, #15 Motion for Miscellaneous Relief, #18 Motion/Application to Approve Use of Cash Collateral (chp 11), #20 Notice of Hearing, #43 Response, #44 Response, #52 Motion to Prohibit the Use of Cash Collateral). (Attachments: #1 Exhibit A - Note #2 Exhibit B - Secy Agmt #3 Exhibit C - UCC-1 Stmts #4 Exhibit D - Guaranty of Donna Clark #5 Exhibit E - Guaranty of Dera Clark #6 Exhibit F - Proposed Order #7 Exhibit G - Docket Sheet #8 Exhibit H - Budget Part A #9 Exhibit H - Budget Part B #10 Exhibit I - Profit & Loss Stmt) (Nix, William) |
| Corrective Entry - Correction needed on docket entry 55 Notice of Witnesses/Exhibit List with Certificate of Service. The PDF is improperly sized. PDFs should be scanned at 8 1/2 by 11 inch page size. Please file Notice of Witnesses/Exhibit List with Certificate of Service choosing amended from the drop down box, and attach the corrected PDF. Pages 5-11 & 48-59 of the PDF are improperly sized If the correction is not made by the close of business on 10/12/2021 the entry will be stricken. (dwebs, ca) |
| Corrective Entry - Correction needed on docket entry 56 Amended Motion to Approve Use of Cash Collateral. The PDF has missing or blank page(s). 7-11, and 13-18 are blank. Page 12 has only one word on it. Please file Amended Motion to Approve Use of Cash Collateral choosing amended from the drop down box, and attach the corrected PDF. If the correction is not made by the close of business on 10/12/2021 the entry will be stricken. (snet, ca) |
| Filing 54 BNC Certificate of Mailing. (RE: related document(s)#47 Order to Strike Document) No. of Notices: 8. Notice Date 10/07/2021. (Admin.) |
| Filing 53 Notice of Scheduled Hearing Filed by William Riley Nix on behalf of First United Bank & Trust Company (RE: related document(s)#52 Amended Motion to Prohibit Use of Cash Collateral With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (RE: related document(s)#49 Motion for Emergency/Expedited Hearing filed by Creditor First United Bank & Trust Company). (Attachments: # 1 Exhibit A - Note # 2 Exhibit B - Secy Agmt # 3 Exhibit C - UCC-1 Stmts # 4 Exhibit D - Guaranty of Donna Clark # 5 Exhibit E - Guaranty of Dera Clark # 6 Proposed Order)) Hearing to be held on 10/13/2021 at 01:30 PM Telephonically for #52, (Nix, William) |
| Filing 52 WITHDRAWN: Amended Motion to Prohibit Use of Cash Collateral With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (RE: related document(s)#49 Motion for Emergency/Expedited Hearing filed by Creditor First United Bank & Trust Company). (Attachments: #1 Exhibit A - Note #2 Exhibit B - Secy Agmt #3 Exhibit C - UCC-1 Stmts #4 Exhibit D - Guaranty of Donna Clark #5 Exhibit E - Guaranty of Dera Clark #6 Proposed Order) (Nix, William) Modified on 10/13/2021 to show withdrawn per docket entry 65 (snet, ca). |
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Filing 51
Order Granting Motion/Application for Emergency/Expedited Hearing (Related Doc #49) Signed by Judge Hall. Time signed: 15:47 cc: Matrix Service by sn Date: 10/6/2021 Hearing to be held on 10/13/2021 at 01:30 PM Telephonically (snet, ca)
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| Filing 50 Amended Motion to Appear Pro Hac Vice by Marc Taubenfeld as counsel for First United Bank & Trust Co.. With Certificate of Service, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (RE: related document(s)#48 Motion to Appear Pro Hac Vice filed by Creditor First United Bank & Trust Company). (Attachments: #1 Exhibit A - Pro Hac Vice Request #2 Proposed Order) (Nix, William) |
| Filing 49 Amended Motion To Expedite Hearing. (related documents #45 Motion to Prohibit the Use of Cash Collateral, #46 Motion for Emergency/Expedited Hearing, #47 Order to Strike Document) With Certificate of Service, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (RE: related document(s)#45 Motion to Prohibit the Use of Cash Collateral filed by Creditor First United Bank & Trust Company, #46 Motion for Emergency/Expedited Hearing filed by Creditor First United Bank & Trust Company, #47 Order to Strike Document). (Attachments: #1 Exhibit A Consent Request to Sisson #2 Exhibit B Consent Request to Tate #3 Exhibit C Consent Request to Gooding #4 Proposed Order) (Nix, William) |
| Filing 48 Motion to Appear Pro Hac Vice by Marc Taubenfeld as counsel for First United Bank & Trust Co.. With Certificate of Service, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (Attachments: #1 Exhibit A - Request for Admission #2 Proposed Order) (Nix, William) |
| Correction needed on docket entry 48 Motion to Appear Pro Hac Vice. The description of the document in the PDF of the Certificate of Service does not match the description of the document in the text. If the correction is not made by the close of business on 10/12/2021 the entry will be stricken. (dmcge, ca) |
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Filing 47
Order to Strike Document Signed by Judge Hall. Time signed: 13:44 cc: Debtor, Nix, Sisson, Gooding, McVay, Ketter, & Trustee Service by sn Date: 10/5/2021 (RE: related document(s)#45 Motion to Prohibit the Use of Cash Collateral filed by Creditor First United Bank & Trust Company, #46 Motion for Emergency/Expedited Hearing filed by Creditor First United Bank & Trust Company). (snet, ca)
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| Filing 46 STRICKEN: Application To Expedite Hearing. (related documents #45 Motion to Prohibit the Use of Cash Collateral) With Certificate of Service, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (RE: related document(s)#45 Motion to Prohibit the Use of Cash Collateral filed by Creditor First United Bank & Trust Company). (Attachments: #1 Proposed Order Granting Application for Expedited Hearing) (Nix, William) Modified on 10/5/2021 to show stricken per docket entry 47 (snet, ca). |
| Filing 45 STRICKEN: Motion to Prohibit Use of Cash Collateral (Emergency Motion) With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by William Riley Nix on behalf of First United Bank & Trust Company. (Attachments: #1 Exhibit A - Note #2 Exhibit B - Secy Agmt #3 Exhibit C - UCC Stmts #4 Exhibit D - Guaranty of Donna Clark #5 Exhibit E - Guaranty of Dera Clark #6 Proposed Order Proposed Order Granting Motion to Prohibit) (Nix, William) Modified on 10/5/2021 to show stricken per docket entry 47 (snet, ca). |
| Filing 44 Response to (related document(s): #15 Emergency Motion for Authorization to Pay Critical Vendors With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Critical Vendors) filed by Debtor Bartley Industries Inc) . Filed by William Riley Nix on behalf of First United Bank & Trust Company with Brief in Support with Certificate of Service (Nix, William) |
| Filing 43 Response to (related document(s): #18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss)) filed by Debtor Bartley Industries Inc) . Filed by William Riley Nix on behalf of First United Bank & Trust Company with Brief in Support with Certificate of Service (Nix, William) |
| Filing 42 Response to (related document(s): #18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss)) filed by Debtor Bartley Industries Inc) . Filed by Jeffrey E Tate of Department of Justice, US Trustee on behalf of United States Trustee (Tate, Jeffrey) |
| Filing 41 Response to (related document(s): #16 Emergency Motion for Continuation of Utility Service with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order) filed by Debtor Bartley Industries Inc) . Filed by Jeffrey E Tate of Department of Justice, US Trustee on behalf of United States Trustee (Tate, Jeffrey) |
| Filing 40 Response to (related document(s): #15 Emergency Motion for Authorization to Pay Critical Vendors With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Critical Vendors) filed by Debtor Bartley Industries Inc) . Filed by Jeffrey E Tate of Department of Justice, US Trustee on behalf of United States Trustee (Tate, Jeffrey) |
| Filing 39 Response to (related document(s): #13 Emergency Motion to Approve Pre-Petition Wages and/or Benefits and to Continue to pay Wages, Salaries, and Continue Benefits with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order) filed by Debtor Bartley Industries Inc) . Filed by Jeffrey E Tate of Department of Justice, US Trustee on behalf of United States Trustee (Tate, Jeffrey) |
| Filing 38 Response to (related document(s): #12 Emergency Motion to Continue Insurance Programs With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order) filed by Debtor Bartley Industries Inc) . Filed by Jeffrey E Tate of Department of Justice, US Trustee on behalf of United States Trustee (Tate, Jeffrey) |
| Filing 37 Response to (related document(s): #11 Emergency Motion to Pay Pre-Petition Taxes With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order) filed by Debtor Bartley Industries Inc) . Filed by Jeffrey E Tate of Department of Justice, US Trustee on behalf of United States Trustee (Tate, Jeffrey) |
| Filing 36 Response to (related document(s): #10 Emergency Motion to Continue Use of Bank Accounts With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order) filed by Debtor Bartley Industries Inc) . Filed by Jeffrey E Tate of Department of Justice, US Trustee on behalf of United States Trustee (Tate, Jeffrey) |
| Filing 35 BNC Certificate of Mailing. (RE: related document(s)#26 Notice to Set Meeting Chapter 11 SubV Corp) No. of Notices: 13. Notice Date 10/01/2021. (Admin.) |
| Filing 34 Certificate of Service Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#32 Affidavit). (Sisson, B) |
| Filing 33 BNC Certificate of Mailing. (RE: related document(s)#9 Order on Motion to Shorten Response Time and Set Expedited Hearing) No. of Notices: 3. Notice Date 09/30/2021. (Admin.) |
| Filing 32 Affidavit (Declaration of Donna J Bartley in Support of First Day Motions) Filed by B David Sisson on behalf of Bartley Industries Inc. (Sisson, B) |
| Filing 31 Notice of Appearance and Request for Notice Filed by Melvin R. McVay Jr. of Phillips Murrah P.C. on behalf of Valliance Bank. (McVay, Melvin) |
| Filing 30 Notice of Appearance and Request for Notice Filed by Clayton D Ketter of Phillips Murrah PC on behalf of Valliance Bank. (Ketter, Clayton) |
| Filing 29 BNC Certificate of Mailing. (RE: related document(s)#5 Hearing Docket - bk) No. of Notices: 12. Notice Date 09/29/2021. (Admin.) |
| Filing 28 Corrected Notice by AUST of Date of Meeting of Creditors to show correct call in and code numbers for hearings.. (snet, ca) |
| Filing 27 Notice of Appearance and Request for Notice Filed by O. Clifton Gooding of The Gooding Law Firm on behalf of Dera Clark. (Gooding, O.) |
| Filing 26 Notice by AUST to Set Meeting of Creditors . 341(a) meeting to be held on 11/1/2021 at 01:00 PM Telephonically. Last day to oppose discharge or dischargeability 1/3/2022. (snet, ca) |
| Filing 25 Notice by AUST of Date of Meeting of Creditors . (snet, ca) |
| Filing 24 Notice of Appointment of Subchapter V Trustee. (Attachments: #1 Attachment Verified Statement of Subchapter V Trustee)(Tate, Jeffrey) |
| Filing 23 Certificate of Service Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#15 Motion for Miscellaneous Relief, #16 Motion/Application for Continuation of Utility Service (chp 11), #18 Motion/Application to Approve Use of Cash Collateral (chp 11), #19 Notice of Witnesses/Exhibit List, #20 Notice of Hearing). (Sisson, B) |
| Filing 22 Certificate of Service Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#10 Motion to Continue Use of Bank Accounts, #11 Motion for Miscellaneous Relief, #12 Motion for Miscellaneous Relief, #13 Motion/Application to Approve Payment Pre-Petition Wages/Benefits (chp 11)). (Sisson, B) |
| Filing 21 Certificate of Service Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#2 Motion to Employ Attorney, #3 Motion to Set Claims Bar Date, #7 Motion to Shorten Response Time and Set Expedited Hearing, #9 Order on Motion to Shorten Response Time and Set Expedited Hearing, #20 Notice of Hearing). (Sisson, B) |
| Court Notes Docket entry 25 had incorrect call in and code numbers for the 341 meeting. It was corrected by docket entry 28 but the 341 notice, docket entry 26 went out with the correct numbers. (snet, ca) |
| Filing 20 Notice of Scheduled Hearing on First Day Motions Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#10 Emergency Motion to Continue Use of Bank Accounts With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order), #11 Emergency Motion to Pay Pre-Petition Taxes With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order), #12 Emergency Motion to Continue Insurance Programs With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order), #13 Emergency Motion to Approve Pre-Petition Wages and/or Benefits and to Continue to pay Wages, Salaries, and Continue Benefits with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order), #15 Emergency Motion for Authorization to Pay Critical Vendors With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Critical Vendors), #16 Emergency Motion for Continuation of Utility Service with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order), #18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: # 1 Proposed Order # 2 Exhibit B- Promissory Note # 3 Exhibit C- Security Agreement # 4 Exhibit E- Change in Terms Agreement # 5 Exhibit E- Bartley Budget (six months preceding profit and loss))) Hearing to be held on 10/13/2021 at 01:30 PM Telephonically for #10 and for #12 and for #18 and for #13 and for #16 and for #15 and for #11, (Sisson, B) |
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Filing 19
Notice of Witnesses/Exhibit List for First Day Motions Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#9 Order Granting Motion/Application to Reduce Response Time 10/5/20212 at 12:00 pm and Set Expedited Hearing (Related Doc #7) Signed by Judge Hall. Time signed: 10:15 cc: Debtor & Sisson, Service by sn Date: 9/28/2021 Hearing to be held on 10/13/2021 at 01:30 PM Telephonically for #7,) (Sisson, B)
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| Filing 18 Emergency Motion to Approve Use of Cash Collateral with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Proposed Order #2 Exhibit B- Promissory Note #3 Exhibit C- Security Agreement #4 Exhibit E- Change in Terms Agreement #5 Exhibit E- Bartley Budget (six months preceding profit and loss))(Sisson, B) |
| Filing 17 Withdrawal of Document Filed by B David Sisson on behalf of Bartley Industries Inc (RE: related document(s)#14 Motion for Miscellaneous Relief). (Sisson, B) |
| Filing 16 Emergency Motion for Continuation of Utility Service with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Proposed Order)(Sisson, B) |
| Filing 15 WITHDRAWN: Emergency Motion for Authorization to Pay Critical Vendors With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Proposed Order #2 Exhibit B- Critical Vendors) (Sisson, B) Modified on 10/8/2021 to show withdrawn per docket entry 57 (snet, ca). |
| Filing 14 WITHDRAWN: Emergency Motion to Authorize Continued Use of Insurance Programs With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Proposed Order) (Sisson, B) Modified on 9/29/2021 to show withdrawn per docket entry 17 (snet, ca). |
| Filing 13 Emergency Motion to Approve Pre-Petition Wages and/or Benefits and to Continue to pay Wages, Salaries, and Continue Benefits with Brief in Support with Certificate of Service With Notice and Opportunity for Hearing Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Proposed Order)(Sisson, B) |
| Filing 12 Emergency Motion to Continue Insurance Programs With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Proposed Order) (Sisson, B) |
| Filing 11 Emergency Motion to Pay Pre-Petition Taxes With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Proposed Order) (Sisson, B) |
| Filing 10 Emergency Motion to Continue Use of Bank Accounts With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Proposed Order) (Sisson, B) |
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Filing 9
Order Granting Motion/Application to Reduce Response Time 10/5/20212 at 12:00 pm and Set Expedited Hearing (Related Doc #7) Signed by Judge Hall. Time signed: 10:15 cc: Debtor & Sisson, Service by sn Date: 9/28/2021 Hearing to be held on 10/13/2021 at 01:30 PM Telephonically for #7, (snet, ca)
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| Court Correction Advisory: on Docket entry 15 Emergency Motion for Authorization to Pay Critical Vendors: The case number on the PDF is missing. The Clerk's Office has determined that this document is correctly filed in this case. (sboa, ca) |
| Filing 8 Notice of Appearance and Request for Notice Filed by Jeffrey E Tate of Department of Justice, US Trustee on behalf of United States Trustee. (Tate, Jeffrey) |
| Filing 7 Emergency Application to Shorten Time and Set Expedited Hearing on First Day Motions and Approving Notice Procedures. With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (RE: related document(s)#1 Voluntary Petition (Chapter 11) filed by Debtor Bartley Industries Inc). (jdon, ca) |
| Filing 6 Emergency Application For Emergency Hearing. (related documents #1 Voluntary Petition (Chapter 11)) With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (RE: related document(s)#1 Voluntary Petition (Chapter 11) filed by Debtor Bartley Industries Inc). (Attachments: #1 Proposed Order) (Sisson, B) |
| Filing 5 Status Conference Scheduled With Judge Sarah A. Hall cc: Debtor, B. David Sisson, William Riley Nix and US Trustee Service By: dcalv Date of Service: 9/27/2021 (RE: related document(s)#1 Voluntary Petition (Chapter 11) filed by Debtor Bartley Industries Inc) Status conference to be held on 11/15/2021 at 10:15 AM at Telephonically. (dcalv) |
| Filing 4 Notice of Appearance and Request for Notice with Certificate of Service Filed by William Riley Nix on behalf of First United Bank & Trust Company. (Nix, William) Modified on 9/27/2021 to show correct party filer name (snet, ca). |
| Filing 3 Motion to Set Last Day to File Proofs of Claims With Brief in Support, With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Exhibit Notice of Claims Bar Date #2 Exhibit Form 410) (Sisson, B) |
| Filing 2 Motion to Employ B David Sisson as Attorney for Debtor. with Affidavit With Certificate of Service, With Notice and Opportunity for Hearing, Filed by B David Sisson on behalf of Bartley Industries Inc. (Attachments: #1 Affidavit Declaration of B David Sisson) (Sisson, B) |
| Case Verified. (snet, ca) |
| Court Correction Advisory: The wrong event was used to file docket entry 6 Emergency Application For Emergency Hearing. The correct event for this pleading is Emergency Application to Shorten Time and Set Expedited Hearing. The Clerk's Office has redocketed this pleading using the correct event as entry 7. (jdon, ca) |
| Court Correction Advisory: The incorrect party filer was selected in docket entry 4 Notice of Appearance and Request for Notice. The clerks office has corrected the docket text and court records to reflect the correct party filer. (snet, ca) |
| Filing 1 Chapter 11 Voluntary Petition for Non-Individual Subchapter V. Fee Amount $ 1738 . Filed by Bartley Industries Inc Chapter 11 Plan SubV due 12/27/2021. (Sisson, B) |
| Receipt of Voluntary Petition (Chapter 11)(21-12565) [misc,volp11] (1738.00) Filing Fee. Receipt number 8537818. Fee amount 1738.00. (U.S. Treasury) |
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