Excel Auto and Transportation LLC
| Excel Auto, Transportation, Excel Auto And Transportation and Excel Auto and Transportation LLC |
| US Trustee's Office |
| 2:2023bk03070 |
| October 10, 2023 |
| U.S. Bankruptcy Court for the District of South Carolina |
| Elisabetta GM Gasparini |
| Other |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 Certificate of Service of Document as served by the Bankruptcy Noticing Center. Notice Date 12/08/2023. (Related Doc #34) (Admin.) |
Filing 34
Order On Motion To Voluntarily Dismiss Chapter 11 Bankruptcy Pursuant To 11 U.S.C Section 1112(b) Document served. (Montgomery, S)
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| Filing 33 Proposed Order RE: Motion to Dismiss Case , Notice Of Possible Hearing (21 days objection time given) Filed by Jason T. Moss of Moss & Associates, Attorneys, P.A. on behalf of Excel Auto and Transportation LLC. If a response, return, and/or objection is timely filed, a hearing will be held on 12/19/2023 at 10:30 AM at Charleston. Date Served 11/6/2023. Last day for objections is 11/27/2023. Filed by Jason T. Moss of Moss & Associates, Attorneys, P.A. on behalf of Excel Auto and Transportation LLC. (related document(s)#31). (Moss, Jason) |
| Filing 32 Proposed Order RE: Motion to Dismiss Case , Notice Of Possible Hearing (21 days objection time given) Filed by Jason T. Moss of Moss & Associates, Attorneys, P.A. on behalf of Excel Auto and Transportation LLC. If a response, return, and/or objection is timely filed, a hearing will be held on 12/19/2023 at 10:30 AM at Charleston. Date Served 11/6/2023. Last day for objections is 11/27/2023. Filed by Jason T. Moss of Moss & Associates, Attorneys, P.A. on behalf of Excel Auto and Transportation LLC. (related document(s)#31). (Moss, Jason) |
| Trustee's Notice of Continued 341(a) Meeting of Creditors. Filed by US Trustee's Office. Hearing to be held on 12/13/2023 at 09:30 AM Telephone - 341 for #9, Meeting of Creditors,, (Poston, Brandon) |
| Filing 31 Motion to Dismiss Case , Notice Of Possible Hearing (21 days objection time given) Filed by Jason T. Moss of Moss & Associates, Attorneys, P.A. on behalf of Excel Auto and Transportation LLC. If a response, return, and/or objection is timely filed, a hearing will be held on 12/19/2023 at 10:30 AM at Charleston. Date Served 11/6/2023. Last day for objections is 11/27/2023. (Moss, Jason) |
| Filing 30 Certificate of Service of Document as served by the Bankruptcy Noticing Center. Notice Date 11/05/2023. (Related Doc #29) (Admin.) |
| Filing 29 THIS MATTER came before the Court for a continued hearing on November 2, 2023 on the Order to Appear and Show Cause entered by the Court on October 11, 2023 (ECF No. 10), requiring a representative for Excel Auto and Transportation, LLC ("Debtor") to appear at the hearing to show cause why this case should not be dismissed due to Debtor's failure to retain counsel to represent it in this case as required by SC LBR 9011-2. Prior to the hearing, Debtor retained Jason T. Moss to represent it, who filed a Notice of Appearance and Request for Notice (ECF No. 26) and a Motion to Dismiss the case (ECF No. 27) prior to the hearing. Accordingly, the Order to Appear and Show Cause is hereby dissolved, and the Court will address Debtor's Motion to Dismiss the case separately. AND IT IS SO ORDERED. Signed by: Judge Elisabetta G.M. Gasparini, US Bankruptcy Court - District of South Carolina (related document(s)#10). (Bozeman, M) |
| Filing 28 Hearing Held relating to: Order to Show Cause w/pdf image. The Rule to Show Case will be dissolved. (related document(s)#10) (Beaulieu, N) |
| Filing 27 Motion to Dismiss with Certificate of Service Filed by Jason T. Moss of Moss & Associates, Attorneys, P.A. on behalf of Excel Auto and Transportation LLC. (Moss, Jason) |
| Filing 26 Notice of Appearance and Request for Notice with Certificate of Service Filed by Jason T. Moss of Moss & Associates, Attorneys, P.A. on behalf of Excel Auto and Transportation LLC. (Moss, Jason) |
| Filing 25 Certificate of Service of Document as served by the Bankruptcy Noticing Center. Notice Date 11/01/2023. (Related Doc #24) (Admin.) |
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Filing 24
Order Granting Request to Appear Remotely by Telephone. Contact the courtroom deputy for the information to appear remotely. Parties approved for remote appearance: Brandon K. Poston. Related Document Number 23 Request to Appear Remotely filed by US Trustee's Office. AND IT IS SO ORDERED. Signed by: Judge Elisabetta G.M. Gasparini, US Bankruptcy Court - District of South Carolina (related document(s) 23 ). (Beaulieu, N)
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| Filing 23 Request to Appear Remotely by Telephone on 11/02/2023 Hearing, Slot Number 100.1, re: Hearing Held Continued. The party(ies) requesting remote appearance are: Attorney.. Attorney representing: Gerard R. Vetter, Acting United States Trustee Region Four. The reason for the request is: Listen Only. The party's anticipated role is: Listen Only. Parties are expected to appear in person unless an order granting the request is entered on the docket. Filed by Brandon K. Poston of US Trustee's Office on behalf of US Trustee's Office (related document(s) 19 ). (Poston, Brandon) |
| Filing 22 Certificate of Service of Document as served by the Bankruptcy Noticing Center. Notice Date 10/26/2023. (Related Doc #16) (Admin.) |
| Filing 21 Certificate of Service of Document as served by the Bankruptcy Noticing Center. Notice Date 10/26/2023. (Related Doc #18) (Admin.) |
| Filing 20 Certificate of Service of Document as served by the Bankruptcy Noticing Center. Notice Date 10/26/2023. (Related Doc #16) (Admin.) |
| Filing 19 Hearing Held Continued (related document(s)#10) Hearing scheduled for 11/2/2023 at 02:30 PM at Charleston. The case judge is Elisabetta G.M. Gasparini. (Beaulieu, N) |
| Filing 18 THIS MATTER is before the Court on the letter filed by the Owner of Excel Auto and Transportation, LLC ("Debtor"), Michael Jones ("Jones") on October 24, 2023 at 11:48 AM, which has been docketed as a Motion to Continue Hearing on Rule To Show Cause ("Motion") (ECF No. 17). In the Motion, Jones requests the Court continue the October 25, 2023 hearing on the Order to Appear and Show Cause entered by the Court on October 11, 2023, requiring Jones to appear at the hearing to show cause why this case should not be dismissed with prejudice given his failure to retain counsel in this case and in a recent prior case dismissed for that reason (among others) (C/A No. 23-02861-eg) as required by SC LBR 9011-2. In support of the requested continuance, Jones states, as he claimed in the prior bankruptcy case, that he is in the process of obtaining counsel to represent the Debtor in this case. Chambers Guidelines require requests for continuances to be made no later than 10:00 a.m. on the business day prior to the hearing, and therefore the request is untimely. Further, Jones has not presented any reason why he cannot appear in person to explain in greater detail the delay in retaining counsel and request the continuance. Therefore, the Motion is denied and the October 25, 2023 hearing on the Order to Appear and Show Cause entered by the Court on October 11, 2023 will proceed as scheduled. AND IT IS SO ORDERED. Signed by: Judge Elisabetta G.M. Gasparini, US Bankruptcy Court - District of South Carolina (related document(s)#17). (Bozeman, M) |
| Filing 17 Motion to Continue Hearing On Rule To Show Cause Filed by Excel Auto and Transportation LLC (related document(s)#10). (Montgomery, S) |
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Filing 16
Order Granting Request to Appear Remotely by Telephone. Contact the courtroom deputy for the information to appear remotely. Parties approved for remote appearance: Brandon K. Poston. Related Document Number 15 Request to Appear Remotely filed by US Trustee's Office. AND IT IS SO ORDERED. Signed by: Judge Elisabetta G.M. Gasparini, US Bankruptcy Court - District of South Carolina (related document(s) 15 ). (Beaulieu, N)
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| Filing 15 Request to Appear Remotely by Telephone on 10/25/2023 Hearing, Slot Number 9, re: Order to Show Cause w/pdf image. The party(ies) requesting remote appearance are: Attorney.. Attorney representing: Gerard R. Vetter, Acting United States Trustee for Region 4. The reason for the request is: Listen Only. The party's anticipated role is: Listen Only. Parties are expected to appear in person unless an order granting the request is entered on the docket. Filed by Brandon K. Poston of US Trustee's Office on behalf of US Trustee's Office (related document(s)#10). (Poston, Brandon) |
| Filing 14 Certificate of Service of Document as served by the Bankruptcy Noticing Center. Notice Date 10/13/2023. (Related Doc #7) (Admin.) |
| Filing 13 Certificate of Service of Document as served by the Bankruptcy Noticing Center. Notice Date 10/13/2023. (Related Doc #10) (Admin.) |
| Filing 12 Certificate of Service of Meeting of Creditors Notice as served by the Bankruptcy Noticing Center. Notice Date 10/13/2023. (Related Doc #9) (Admin.) |
| Filing 11 Certificate of Service of Document as served by the Bankruptcy Noticing Center. Notice Date 10/13/2023. (Related Doc #8) (Admin.) |
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Filing 10
Order to Appear and Show Cause RE: Pursuant to SC LBR 9011-2, business entities must be represented by an attorney. Further, Debtor was previously dismissed for failure to retain counsel. Therefore, dismissal of this case may be considered with prejudice.. Party to Appear: Excel Auto and Transportation LLC. Document Served. Show Cause hearing to be held on 10/25/2023 at 09:00 AM at Charleston. The case judge is Elisabetta G.M. Gasparini. (Montgomery, S)
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| Filing 9 Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors. 0. Document Served. 341(a) meeting to be held on 11/17/2023 at 09:30 AM at Telephone - 341. Last day to oppose discharge or dischargeability is 1/16/2024. Proofs of Claims due by 2/15/2024. (Woods, D) |
| Filing 8 THIS MATTER is before the Court on the Application to Pay Filing Fee in Installments filed by Excel Auto and Transportation ("Debtor") (ECF No. 5). Pursuant to Section 1930(a)(7) of Title 28 and as further set forth in Federal Rule of Bankruptcy Procedure 1006(b)(1), an individual commencing a voluntary case under title 11 may pay such fee in installments upon proper application. The Debtor in this case is not an individual, and, as an LLC, is required to be represented by legal counsel as set forth in SC LBR 9011-2(c). Moreover, other than Schedule D, the record is devoid of all required schedules to support Debtor's inability to pay the entire amount of the filing fee. For the reason set forth herewith, the Application to Pay Filing Fee in Installments is denied. AND IT IS SO ORDERED. Signed by: Judge Elisabetta G.M. Gasparini, US Bankruptcy Court - District of South Carolina (related document(s)#5). (Bozeman, M) |
| Filing 7 Pro Se Letter of Instruction with Attachments (Related Document #1 ). (ADI) |
| Filing 6 Filer Identification- Party filing document: Debtor. re: Voluntary Petition (Chapter 11) (related document(s)#1) (Montgomery, S) |
| Filing 5 Application to Pay Filing Fee in Installments. Filed by Excel Auto And Transportation. (Montgomery, S) |
| Filing 4 Chapter 11 Small Business Plan Filed by Excel Auto And Transportation. (Montgomery, S) |
| Filing 3 A clerical mistake was made in the entry of docket # 2. Pursuant to Fed. R. Civ. P. 60(a) and Fed. R. Bankr. P. 9024, the document has been restricted and no further action will be taken. (related document(s)#2) (Dillard, S) |
| Filing 2 Plan. Objections Due no later than 7 days prior to the Confirmation Hearing. Filed by Excel Auto And Transportation. (Montgomery, S) Modified on 10/10/2023 to restrict access due to an error in docketing. The clerk's clerical action was filed on 10/10/2023, doc 3, (Dillard, S). |
| Filing 1 Chapter 11 Voluntary Petition, Schedules and Statements - Individual Filed by Excel Auto And Transportation . Exclusive Period for Debtor to File Chapter 11 Plan and Disclosure Statement ends 2/7/2024. (Montgomery, S) |
| Receipt of Chapter 11 Filing Fee(installments) - $667.00 by SM. Receipt Number 300215. (admin) |
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