Five64, LLC
Debtor: Five64, LLC
Us Trustee: United States Trustee
Trustee: Frances A. Smith (SBRA V)
Case Number: 3:2023bk30767
Filed: April 19, 2023
Court: U.S. Bankruptcy Court for the Northern District of Texas
Presiding Judge: Scott W Everett
Nature of Suit: Other
Docket Report

This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2023 Opinion or Order Filing 139 Order granting application for compensation (related document #129) granting for Munsch Hardt Kopf & Harr, P.C., fees awarded: $237506.00, expenses awarded: $9997.02 Entered on 11/21/2023. (Ecker, C.)
November 8, 2023 Filing 138 Certificate of no objection filed by Attorney Munsch Hardt Kopf & Harr, P.C. (RE: related document(s)#129 Application for compensation for Munsch Hardt Kopf & Harr, P.C., Debtor's Attorney, Period: 4/19/2023 to 9/14/2023, Fee: $237,506.00, Expenses: $9,997.02.). (Attachments: #1 Proposed Order) (Nguyen, Thanhan)
November 8, 2023 Opinion or Order Filing 137 Order granting application for compensation (related document #128) granting for Frances A. Smith (SBRA V), fees awarded: $6840.00, expenses awarded: $234.05 Entered on 11/8/2023. (Ecker, C.)
November 6, 2023 Filing 136 Objection to (related document(s): #130 Application for administrative expenses filed by Creditor Salesforce, Inc.) filed by Attorney Scott M. Seidel. (Nguyen, Thanhan)
November 2, 2023 Filing 135 Certificate of no objection filed by Trustee Frances A. Smith (SBRA V) (RE: related document(s)#128 Application for compensation for Frances A. Smith (SBRA V), Trustee Chapter 11, Period: 4/21/2023 to 8/31/2023, Fee: $6840.00, Expenses: $234.05.). (Smith, Frances)
October 30, 2023 134 Hearing held on 10/30/2023 (RE: related document(s)#113 Motion to compromise controversy with DealerSocket, LLC. Filed by Debtor Five64, LLC Objections due by 9/7/2023. (MOTION CONDITIONALLY APPROVED SUBJECT TO CHANGES COURT DISCUSSED WITH PARTIES; ORDER TO BE UPLOADED REFLECTING CHANGES) (Smith, C) MODIFIED text on 11/1/2023 (Bergreen, J.).
October 23, 2023 Filing 133 Notice of Appearance and Request for Notice by Scott M. Seidel filed by Attorney Scott M. Seidel. (Seidel, Scott)
October 19, 2023 Filing 132 Notice of hearing filed by Debtor Five64, LLC (RE: related document(s)#113 Motion to compromise controversy with DealerSocket, LLC. Filed by Debtor Five64, LLC Objections due by 9/7/2023. (Attachments: # 1 Proposed Order)). Hearing to be held on 10/30/2023 at 01:30 PM at https://us-courts.webex.com/meet/everett for #113, (Nguyen, Thanhan)
October 16, 2023 Filing 131 Declaration re: of Kevin Ramirez in Support of the Request for Allowance and Payment of Administrative Expense Claim of Salesforce, Inc. filed by Creditor Salesforce, Inc. (RE: related document(s)#130 Application for administrative expenses). (Ross, Dylan)
October 16, 2023 Filing 130 Application for administrative expenses Filed by Creditor Salesforce, Inc. Objections due by 11/6/2023. (Attachments: #1 Proposed Order) (Ross, Dylan)
October 16, 2023 Filing 129 Application for compensation for Munsch Hardt Kopf & Harr, P.C., Debtor's Attorney, Period: 4/19/2023 to 9/14/2023, Fee: $237,506.00, Expenses: $9,997.02. Filed by Attorney Thanhan Nguyen Objections due by 11/6/2023. (Attachments: #1 Exhibit A (Invoice) #2 Proposed Order) (Nguyen, Thanhan)
October 11, 2023 Filing 128 Application for compensation for Frances A. Smith (SBRA V), Trustee Chapter 11, Period: 4/21/2023 to 8/31/2023, Fee: $6840.00, Expenses: $234.05. Filed by Trustee Frances A. Smith (SBRA V) Objections due by 11/1/2023. (Attachments: #1 Exhibit A #2 Proposed Order) (Smith, Frances)
September 18, 2023 Filing 127 Certificate of no objection filed by Debtor Five64, LLC (RE: related document(s)#113 Motion to compromise controversy with DealerSocket, LLC. ). (Attachments: #1 Proposed Order) (Nguyen, Thanhan)
September 15, 2023 Filing 126 Notice of Effective Date and Plan Deadlines filed by Debtor Five64, LLC (RE: related document(s)#123 Order confirming joint consolidated chapter 11 subchapter V plan of liquidation (RE: related document(s)#103 Chapter 11 Plan Small Business Subchapter V filed by Debtor Five64, LLC). (Attachments: # 1 Exhibit 1 (Plan) # 2 Exhibit 1-A (Liquidation Plan) # 3 Exhibit 1-B (Creditor Trust Agreement)) Entered on 8/31/2023). (Nguyen, Thanhan)
September 2, 2023 Filing 125 BNC certificate of mailing - PDF document. (RE: related document(s)#123 Order confirming joint consolidated chapter 11 subchapter V plan of liquidation (RE: related document(s)#103 Chapter 11 Plan Small Business Subchapter V filed by Debtor Five64, LLC). (Attachments: # 1 Exhibit 1 (Plan) # 2 Exhibit 1-A (Liquidation Plan) # 3 Exhibit 1-B (Creditor Trust Agreement)) Entered on 8/31/2023) No. of Notices: 1. Notice Date 09/02/2023. (Admin.)
September 1, 2023 Filing 124 Post confirmation order. Application for Compensation due by 10/31/2023. Objection to Claim due by 10/31/2023. Final Decree due 2/28/2024. Status Conference to be held on 3/14/2024 at 09:30 AM at https://us-courts.webex.com/meet/everett. Entered on 9/1/2023 (Ecker, C.)
August 31, 2023 Opinion or Order Filing 123 Order confirming joint consolidated chapter 11 subchapter V plan of liquidation (RE: related document(s)#103 Chapter 11 Plan Small Business Subchapter V filed by Debtor Five64, LLC). (Attachments: #1 Exhibit 1 (Plan) #2 Exhibit 1-A (Liquidation Plan) #3 Exhibit 1-B (Creditor Trust Agreement)) Entered on 8/31/2023 (Rielly, Bill)
August 31, 2023 Opinion or Order Filing 122 Order granting first interim application for compensation (related document #110) granting for Munsch Hardt Kopf & Harr, P.C., fees awarded: $191754.00, expenses awarded: $9292.61 Entered on 8/31/2023. (Rielly, Bill)
August 29, 2023 Filing 120 Certificate of no objection filed by Attorney Munsch Hardt Kopf & Harr, P.C. (RE: related document(s)#110 Application for compensation for Munsch Hardt Kopf & Harr, P.C., Debtor's Attorney, Period: 4/19/2023 to 7/31/2023, Fee: $191754.00, Expenses: $9292.61.). (Attachments: #1 Exhibit A (Proposed Order)) (Nguyen, Thanhan)
August 29, 2023 Filing 119 Notice of Appearance and Request for Notice by Alan Craig Hochheiser filed by Creditor Fundamental Capital, LLC. (Hochheiser, Alan)
August 29, 2023 Filing 118 Court admitted exhibits date of hearing 8/29/2023: DEBTOR'S A-D (SEE ECF DE #114) (RE: related document(s)#103 Chapter 11 consensual Plan Small Business Subchapter V. filed by Debtor Five64, LLC) (Bergreen, J.)
August 29, 2023 121 Hearing held on 8/29/2023 (RE: related document(s)#103 Chapter 11 consensual Plan Small Business Subchapter V. filed by Debtor Five64, LLC) (PLAN CONFIRMED) (Bergreen, J.)
August 28, 2023 Filing 117 Declaration re: Plan Confirmation filed by Debtor Five64, LLC (RE: related document(s)#116 Brief). (Nguyen, Thanhan)
August 26, 2023 Filing 116 Brief in support filed by Debtor Five64, LLC (RE: related document(s)#103 Chapter 11 Plan Small Business Subchapter V). (Attachments: #1 Exhibit A (Proposed Confirmation Order)) (Nguyen, Thanhan)
August 26, 2023 Filing 115 Notice of Filing of Proposed Order Confirming Chapter 11 Plan filed by Debtor Five64, LLC (RE: related document(s)#103 Chapter 11 consensual Plan Small Business Subchapter V. filed by Debtor Five64, LLC (RE: related document(s)#1 Voluntary petition (chapter 11), #57 Scheduling Order regarding SubChapter V Case). (Attachments: # 1 Exhibit A (Liquidation Analysis) # 2 Exhibit B (Creditor Trust Agreement))). (Attachments: #1 Exhibit A (Proposed Confirmation Order)) (Nguyen, Thanhan)
August 26, 2023 Filing 114 Witness and Exhibit List in Support of Plan Confirmation Hearing (May 29, 2023) filed by Debtor Five64, LLC (RE: related document(s)#103 Chapter 11 Plan Small Business Subchapter V). (Attachments: #1 Exhibit A (Plan) #2 Exhibit B (Scheduling Order) #3 Exhibit C (Certificate of Service)) (Nguyen, Thanhan)
August 17, 2023 Filing 113 Motion to compromise controversy with DealerSocket, LLC. Filed by Debtor Five64, LLC Objections due by 9/7/2023. (Attachments: #1 Proposed Order) (Nguyen, Thanhan)
August 4, 2023 Filing 112 Stipulation by Five64, LLC and Avalara, Inc. and Tekion Digitial Processing, Inc.. filed by Debtor Five64, LLC (RE: related document(s)#88 Order on motion to sell). (Nguyen, Thanhan)
August 3, 2023 Filing 111 Notice of hearing filed by Debtor Five64, LLC (RE: related document(s)#110 Application for compensation for Munsch Hardt Kopf & Harr, P.C., Debtor's Attorney, Period: 4/19/2023 to 7/31/2023, Fee: $191754.00, Expenses: $9292.61. Filed by Attorney Munsch Hardt Kopf & Harr, P.C. Objections due by 8/24/2023. (Attachments: # 1 Exhibit A (Invoices) # 2 Proposed Order)). Hearing to be held on 8/31/2023 at 10:30 AM at Dallas Judge Everett Courtroom for #110, (Nguyen, Thanhan) MODIFIED hearing location to match PDF on 8/4/2023 (Bergreen, J.).
August 3, 2023 Filing 110 Application for compensation for Munsch Hardt Kopf & Harr, P.C., Debtor's Attorney, Period: 4/19/2023 to 7/31/2023, Fee: $191754.00, Expenses: $9292.61. Filed by Attorney Munsch Hardt Kopf & Harr, P.C. Objections due by 8/24/2023. (Attachments: #1 Exhibit A (Invoices) #2 Proposed Order) (Nguyen, Thanhan)
July 25, 2023 Filing 109 Certificate of service re: Plan and Related Order Fixing Dates filed by Debtor Five64, LLC (RE: related document(s)#103 Chapter 11 Plan Small Business Subchapter V, #107 Order setting SubChapter V plan hearing). (Nguyen, Thanhan)
July 25, 2023 Filing 108 Notice of Modified Bar Date for Certain Creditors filed by Debtor Five64, LLC (RE: related document(s)#105 Order granting #100 Motion to modify and establish bar date for certain customers. Entered on 7/21/2023. (Ecker, C.)). (Attachments: #1 Post-Petition Customer Refunds) (Nguyen, Thanhan)
July 25, 2023 Opinion or Order Filing 107 Order setting SubChapter V plan hearing (RE: related document(s)#103 Chapter 11 Plan Small Business Subchapter V filed by Debtor Five64, LLC). Confirmation hearing to be held on 8/29/2023 at 01:30 PM at https://us-courts.webex.com/meet/everett. Last day to Object to Confirmation 8/25/2023. Ballots due 8/24/2023. Entered on 7/25/2023 (Ecker, C.)
July 21, 2023 Filing 106 Debtor-In-Possession Monthly Operating Report for Filing Period May 2023 filed by Debtor Five64, LLC. (Nguyen, Thanhan)
July 21, 2023 Opinion or Order Filing 105 Order granting #100 Motion to modify and establish bar date for certain customers. Entered on 7/21/2023. (Ecker, C.)
July 18, 2023 Filing 103 Chapter 11 consensual Plan Small Business Subchapter V. filed by Debtor Five64, LLC (RE: related document(s)#1 Voluntary petition (chapter 11), #57 Scheduling Order regarding SubChapter V Case). (Attachments: #1 Exhibit A (Liquidation Analysis) #2 Exhibit B (Creditor Trust Agreement))(Nguyen, Thanhan)
July 10, 2023 Filing 102 Expedited Notice of hearing filed by Debtor Five64, LLC (RE: related document(s)#100 Motion to extend time to Bar Date for Certain Creditors Filed by Debtor Five64, LLC., 64 IP Holdings, LLC (Attachments: # 1 Exhibit A (Post-Petition Customer Refunds) # 2 Exhibit B (Proposed Form of Notice) # 3 Proposed Order) (Nguyen, Thanhan) Modified on 7/5/2023 (Kerr, S.).). Hearing to be held on 7/17/2023 at 10:30 AM at https://us-courts.webex.com/meet/everett for #100, (Nguyen, Thanhan)
June 30, 2023 Filing 101 Motion for expedited hearing(related documents #100 Motion to extend/shorten time) Filed by Debtor Five64, LLC 64 IP Holdings, LLC (Attachments: #1 Proposed Order) (Nguyen, Thanhan) (GRANTED ORALLY; DE #100 SET FOR HEARING ON 7/17/2023 AT 10:30 AM VIA WEBEX) Modified on 7/5/2023 (Kerr, S.). Modified on 7/10/2023 (Bergreen, J.).
June 30, 2023 Filing 100 Motion to extend time to Bar Date for Certain Creditors Filed by Debtor Five64, LLC., 64 IP Holdings, LLC (Attachments: #1 Exhibit A (Post-Petition Customer Refunds) #2 Exhibit B (Proposed Form of Notice) #3 Proposed Order) (Nguyen, Thanhan) Modified on 7/5/2023 (Kerr, S.).
June 28, 2023 Filing 99 BNC certificate of mailing - PDF document. (RE: related document(s)#97 Order granting application to employ Munsch Hardt Kopf & Harr, P.C. for 64 IP Holdings, LLC as Attorney (related document #60) Entered on 6/26/2023. (Ecker, C.)) No. of Notices: 1. Notice Date 06/28/2023. (Admin.)
June 28, 2023 Filing 98 Notice of Appearance and Request for Notice by Anthony F. Giuliano Filed by Interested Party Pearl Capital Funding. (Giuliano, Anthony)
June 26, 2023 Opinion or Order Filing 97 Order granting application to employ Munsch Hardt Kopf & Harr, P.C. for 64 IP Holdings, LLC as Attorney (related document #60) Entered on 6/26/2023. (Ecker, C.)
June 26, 2023 Trustee's initial report of meeting of creditors held on 6/26/2023 (RE: related document(s) Meeting of creditors continued/adjourned) (Bublick, Asher)
June 23, 2023 Filing 95 Notice of Appearance and Request for Notice (as additional counsel) by Alan Craig Hochheiser filed by Creditor City Capital NY LLC. (Hochheiser, Alan)
June 21, 2023 Filing 94 Withdrawal of claim(s) Claim has been satisfied. Claim: 2 Filed by Creditor Texas Workforce Commission. (Reid, Erin)
June 21, 2023 Filing 93 Certificate of no objection filed by Debtor Five64, LLC (RE: related document(s)#60 Application to employ Munsch Hardt Kopf & Harr, P.C. as Attorney ). (Attachments: #1 Exhibit A (Proposed Order)) (Nguyen, Thanhan)
June 20, 2023 Filing 92 Certificate of service re: Previously Omitted Contract Assumption/Assignment and Proposed Cure Notice filed by Debtor Five64, LLC (RE: related document(s)#43 Order to set hearing). (Attachments: #1 Exhibit A (Form of Notice) #2 Exhibit B (Schedule of Contracts)) (Nguyen, Thanhan)
June 12, 2023 96 Hearing held on 6/12/2023 (RE: related document(s)#1 Non-individual Chapter 11 Voluntary Petition. Fee Amount $1738 Small Business,SubChapter V Filed by Five64, LLC Chapter 11 Plan Small Business Subchapter V Due by 07/18/2023) (STATUS CONFERENCE HELD) (Bergreen, J.)
June 12, 2023 Filing 91 Pre-Status Conference Report filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (RE: related document(s)#57 Scheduling Order regarding SubChapter V Case). (Attachments: #1 Service List) (Berghman, Thomas)
June 8, 2023 Filing 90 Notice of Appearance and Request for Notice by John Mark Stern filed by Creditor Texas Comptroller of Public Accounts, Revenue Accounting Division and Texas Workforce Commission. (Stern, John)
June 1, 2023 Filing 89 Notice of Continued First Meeting of Creditors filed by Debtor Five64, LLC (RE: related document(s) Statement Adjourning 341(a) Meeting of Creditors. Meeting continued for the benefit of parties who did not receive timely notice. 341(a) meeting to be held on 6/26/2023 at 02:00 PM by TELEPHONE.). (Nguyen, Thanhan)
May 30, 2023 Statement Adjourning 341(a) Meeting of Creditors. Meeting continued for the benefit of parties who did not receive timely notice. 341(a) meeting to be held on 6/26/2023 at 02:00 PM by TELEPHONE. (Bublick, Asher)
May 23, 2023 Opinion or Order Filing 88 Order granting motion (I) Authorizing and approving (A) The sell of the debtors' assets free and clear of liens, claims, and encumbrances (B) Debtors' assumption and assignment of executory contracts and unexpired leases in connection with the sale; and (II) Granting related relief (related document #7) (Attachments: #1 Exhibit A) Entered on 5/23/2023. (Rielly, Bill)
May 18, 2023 Filing 87 Notice of Appearance and Request for Notice by Matthew Joseph Lee filed by Creditor Centra Funding LLC. (Lee, Matthew)
May 16, 2023 86 Hearing held on 5/16/2023 (RE: related document(s)#7 Motion to sell property free and clear of liens under Section 363(f) - Debtors' Motion to (A) Sell Substantially All Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests; and (B) Assume and Assign Certain Contracts F Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - Asset Purchase Agreement # 2 Exhibit B - Proposed Order))( MOTION GRANTED AS STATED ON THE RECORD; COUNSEL FOR DEBTOR TO PROVIDE REVISED ORDER TO COURT) (Smith, C)
May 16, 2023 Filing 85 Court admitted exhibits date of hearing 05/16/2023 DEBTORS A-A ecf de#79 (RE: related document(s)#7 Motion to sell property free and clear of liens under Section 363(f) - Debtors' Motion to (A) Sell Substantially All Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests; and (B) Assume and Assign Certain Contracts Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - Asset Purchase Agreement # 2 Exhibit B - Proposed Order)) (Smith, C)
May 15, 2023 Filing 84 Certificate of service re: filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (RE: related document(s)#55 Order on first day motion, #73 Order on first day motion). (Attachments: #1 Service List) (Berghman, Thomas)
May 15, 2023 Filing 83 Certificate of service re: Notice of Sale Hearing (served April 24, 2023) filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (RE: related document(s)#7 Motion to sell property free and clear of liens under Section 363(f) - Debtors' Motion to (A) Sell Substantially All Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests; and (B) Assume and Assign Certain Contracts). (Attachments: #1 Notice of Hearing (Sale Hearing) #2 Service List) (Berghman, Thomas)
May 14, 2023 Filing 82 BNC certificate of mailing - PDF document. (RE: related document(s)#78 Order granting motion to appear pro hac vice adding Steven J. Reilly for Avalara, Inc. (related document #71) Entered on 5/12/2023.) No. of Notices: 1. Notice Date 05/14/2023. (Admin.)
May 13, 2023 Filing 81 BNC certificate of mailing - PDF document. (RE: related document(s)#74 Order granting motion (I) Approving the Debtors' proposed adequate assurance of payment for future utility services, (II) Prohibiting utility companies from altering, refusing, or discontinuing services, (III) Approving the Debtors' proposed procedures for resolving additional assurance requests, and (IV) Granting related relief (related document #6) Entered on 5/11/2023.) No. of Notices: 1. Notice Date 05/13/2023. (Admin.)
May 13, 2023 Filing 80 BNC certificate of mailing - PDF document. (RE: related document(s)#73 Final order granting motion for entry of an order (I) Authorizing the Debtors to obtain post-petition financing, (II) Authorizing the Debtors to use cash collateral, (III) Granting adequate protection to the prepetition secured party, (IV) Modifying the automatic stay, and (v) Granting related relief (related document #8) Entered on 5/11/2023.) No. of Notices: 1. Notice Date 05/13/2023. (Admin.)
May 12, 2023 Filing 79 Witness and Exhibit List filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (RE: related document(s)#7 Motion to sell property free and clear of liens under Section 363(f) - Debtors' Motion to (A) Sell Substantially All Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests; and (B) Assume and Assign Certain Contracts). (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C #4 Exhibit D #5 Exhibit E) (Berghman, Thomas)
May 12, 2023 Opinion or Order Filing 78 Order granting motion to appear pro hac vice adding Steven J. Reilly for Avalara, Inc. (related document #71) Entered on 5/12/2023. (Dugan, Sue)
May 12, 2023 Filing 75 Certificate of service re: Utilities Order filed by Debtor Five64, LLC (RE: related document(s)#74 Order on first day motion). (Nguyen, Thanhan)
May 11, 2023 77 Hearing held on 5/11/2023 (RE: related document(s)#6 Motion regarding utilities. Debtors' Emergency Motion for Entry of an Order (i) Approving the Debtors' Proposed Adequate Assurance of Payment for Future Utility Services, (ii) Prohibiting Utility Companies from Altering, Refusing, or Discontinuing Services, (iii) Approving the Debtors' Proposed Procedures for Resolving Additional Assurance Requests, and (iv) Granting Related Relief Filed by Debtor Five64, LLC) (MOTION GRANTED) (Bergreen, J.)
May 11, 2023 76 Hearing held on 5/11/2023 (RE: related document(s)#8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition Secured Party, (iv) Modifying the Automatic Stay, (v) Scheduling a Final hearing, and (vi) Granting Related Relief Filed by Debtor Five64, LLC) (MOTION GRANTED) (Bergreen, J.)
May 11, 2023 Opinion or Order Filing 74 Order granting motion (I) Approving the Debtors' proposed adequate assurance of payment for future utility services, (II) Prohibiting utility companies from altering, refusing, or discontinuing services, (III) Approving the Debtors' proposed procedures for resolving additional assurance requests, and (IV) Granting related relief (related document #6) Entered on 5/11/2023. (Rielly, Bill)
May 11, 2023 Filing 73 Final order granting motion for entry of an order (I) Authorizing the Debtors to obtain post-petition financing, (II) Authorizing the Debtors to use cash collateral, (III) Granting adequate protection to the prepetition secured party, (IV) Modifying the automatic stay, and (v) Granting related relief (related document #8) Entered on 5/11/2023. (Rielly, Bill)
May 11, 2023 Filing 72 Court admitted exhibits date of hearing 5/11/2023: DEBTOR'S A-G (ECF DE #70) (RE: related document(s)#6 Motion regarding utilities. Debtors' Emergency Motion for Entry of an Order (i) Approving the Debtors' Proposed Adequate Assurance of Payment for Future Utility Services, (ii) Prohibiting Utility Companies from Altering, Refusing, or Discontinuing Services, (iii) Approving the Debtors' Proposed Procedures for Resolving Additional Assurance Requests, and (iv) Granting Related Relief Filed by Debtor Five64, LLC (Attachments: # 1 Proposed Order), #8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition Secured Party, (iv) Modifying the Automatic Stay, (v) Scheduling a Final hearing, and (vi) Granting Related Relief Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - DIP Facility # 2 Exhibit B - Proposed Interim Order # 3 Exhibit C - Secured Loan # 4 Exhibit D - Budget)) (Bergreen, J.)
May 10, 2023 Filing 71 Motion to appear pro hac vice for Steven J. Reilly. Fee Amount $100 Filed by Interested Party Avalara, Inc. (Penn, John)
May 10, 2023 Filing 70 Amended Witness and Exhibit List filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (RE: related document(s)#64 List (witness/exhibit/generic)). (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C #4 Exhibit D #5 Exhibit E #6 Exhibit F #7 Exhibit G #8 Service List) (Berghman, Thomas)
May 10, 2023 Filing 69 Notice of Appearance and Request for Notice by John D. Penn filed by Interested Party Avalara, Inc.. (Penn, John)
May 10, 2023 Receipt of filing fee for Motion to Appear pro hac vice(# 23-30767-swe11) [motion,mprohac] ( 100.00). Receipt number A30393362, amount $ 100.00 (re: Doc#71). (U.S. Treasury)
May 9, 2023 Filing 68 Declaration re: Declaration of Kevin Ramirez in Support of Limited Objection of Salesforce, Inc. to the Proposed Assumption of Certain Executory Contracts and Cure Costs, in Connection with the Sale and Reservation of Rights filed by Creditor Salesforce, Inc. (RE: related document(s)#67 Objection). (Prostok, Jeff)
May 9, 2023 Filing 67 Objection to (related document(s): #7 Motion to sell property free and clear of liens under Section 363(f) - Debtors' Motion to (A) Sell Substantially All Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests; and (B) Assume and Assign Certain Contracts filed by Debtor Five64, LLC) filed by Creditor Salesforce, Inc.. (Prostok, Jeff)
May 9, 2023 Filing 66 Notice of Appearance and Request for Notice by Jeff P. Prostok filed by Creditor Salesforce, Inc.. (Prostok, Jeff)
May 9, 2023 Filing 65 Notice of Limited Service List filed by Debtor Five64, LLC. (Attachments: #1 Master Service List) (Nguyen, Thanhan)
May 8, 2023 Filing 64 Witness and Exhibit List filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (RE: related document(s)#6 Motion regarding utilities. Debtors' Emergency Motion for Entry of an Order (i) Approving the Debtors' Proposed Adequate Assurance of Payment for Future Utility Services, (ii) Prohibiting Utility Companies from Altering, Refusing, or Disco, #8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition). (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C #4 Exhibit D #5 Exhibit E) (Berghman, Thomas)
May 8, 2023 Filing 63 Notice Under 11 USC 365(n)(4) filed by Creditor Opus VTR Inc.. (Kleist, Kelly)
May 8, 2023 Filing 62 Notice of Appearance and Request for Notice by Kelly Kleist filed by Creditor Opus VTR Inc.. (Kleist, Kelly)
May 4, 2023 Filing 61 BNC certificate of mailing - meeting of creditors. (RE: related document(s)#59 Meeting of creditors 341(a) meeting to be held on 5/30/2023 at 02:00 PM by TELEPHONE. Proofs of Claims due by 6/28/2023. Government Proof of Claim due by 10/16/2023.) No. of Notices: 2. Notice Date 05/04/2023. (Admin.)
May 3, 2023 Filing 60 Application to employ Munsch Hardt Kopf & Harr, P.C. as Attorney Filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (Attachments: #1 Exhibit A #2 Exhibit B #3 Service List) (Berghman, Thomas)
May 1, 2023 Filing 59 Meeting of creditors 341(a) meeting to be held on 5/30/2023 at 02:00 PM by TELEPHONE. Proofs of Claims due by 6/28/2023. Government Proof of Claim due by 10/16/2023. (Bublick, Asher)
April 29, 2023 Filing 58 BNC certificate of mailing - PDF document. (RE: related document(s)#55 Interim order (I) Authorizing the debtors to obtain post-petition financing, (II) Authorizing the debtors to use cash collateral, (III) Granting adequate protection to the prepetition secured party, (IV) Modifying the automatic stay, (V) Scheduling a final hearing, and (VI) Granting related relief. (related document #8) Final hearing set 5/11/2023 at 2:30 PM. Entered on 4/26/2023. (Bergreen, J.)) No. of Notices: 1. Notice Date 04/29/2023. (Admin.)
April 27, 2023 Opinion or Order Filing 57 Scheduling Order regarding SubChapter V Case (RE: related document(s)#1 Voluntary petition (chapter 11) filed by Debtor Five64, LLC). Status Conference to be held on 6/12/2023 at 01:30 PM at https://us-courts.webex.com/meet/everett. Pre-Status Report Due By 5/30/2023. Chapter 11 Plan Small Business Subchapter V Due by 7/18/2023. Entered on 4/27/2023 (Bergreen, J.)
April 26, 2023 Filing 56 BNC certificate of mailing - PDF document. (RE: related document(s)#42 Order granting Motion for Entry of Order Authorizing the Debtors to Continue to Operate Their Cash Management System (related document #5) Entered on 4/24/2023. (Ecker, C.)) No. of Notices: 1. Notice Date 04/26/2023. (Admin.)
April 26, 2023 Filing 55 Interim order (I) Authorizing the debtors to obtain post-petition financing, (II) Authorizing the debtors to use cash collateral, (III) Granting adequate protection to the prepetition secured party, (IV) Modifying the automatic stay, (V) Scheduling a final hearing, and (VI) Granting related relief. (related document #8) Final hearing set 5/11/2023 at 2:30 PM. Entered on 4/26/2023. (Bergreen, J.)
April 26, 2023 Filing 53 Withdrawal of Notice of Hearing filed by Debtor Five64, LLC (RE: related document(s)#39 Notice of hearing). (Nguyen, Thanhan)
April 26, 2023 54 Hearing NOT held on 4/26/2023 (RE: related document(s)#8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition Secured Party, (iv) Modifying the Automatic Stay, (v) Scheduling a Final hearing, and (vi) Granting Related Relief Filed by Debtor Five64, LLC) (NO RESPONSE FILED; MATTER REMOVED FROM THE COURT'S DOCKET) (Bergreen, J.)
April 25, 2023 Filing 52 Declaration Under Penalty of Perjury for Non-individual Debtors. Filed by Debtor Five64, LLC. (Nguyen, Thanhan)
April 25, 2023 Filing 51 Statement of financial affairs for a non-individual . Filed by Debtor Five64, LLC (RE: related document(s)#17 Notice of deficiency). (Nguyen, Thanhan)
April 25, 2023 Filing 50 Schedules: Schedules A/B and D-H with Summary of Assets and Liabilities. Filed by Debtor Five64, LLC (RE: related document(s)#17 Notice of deficiency). (Nguyen, Thanhan)
April 25, 2023 Filing 49 Chapter 11 or Chapter 9 Cases Non- Individual List of Creditors Who Have 20 Largest Unsecured Claims Against You and Are Not Insiders (Amended). Filed by Debtor Five64, LLC. (Nguyen, Thanhan)
April 25, 2023 Filing 48 Statement of operations for small business. Filed by Debtor Five64, LLC. (Attachments: #1 Statement of Operations) (Berghman, Thomas)
April 24, 2023 Filing 46 Certificate of service re: Contract Assumption/Assignment and Proposed Cure Notice filed by Debtor Five64, LLC (RE: related document(s)#43 Order to set hearing). (Attachments: #1 Exhibit A (Form of Notice) #2 Exhibit B (Schedule of Contracts)) (Nguyen, Thanhan)
April 24, 2023 Filing 45 Withdrawal (Without Prejudice) filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (RE: related document(s)#13 Emergency Motion to pay pre-petition debt - Debtors' Emergency Motion for Entry of an Order Authorizing Payment of Certain Pre-Petition Claims of Critical Vendors). (Berghman, Thomas)
April 24, 2023 Opinion or Order Filing 43 Order Setting Hearing (RE: related document(s)#7 Motion to Sell filed by Debtor Five64, LLC). Hearing to be held on 5/16/2023 at 11:00 AM at https://us-courts.webex.com/meet/everett for #7, (Attachments: #1 Exhibit A - Bid Procedures) AND GRANTING Debtors' Emergency Motion for Approval of (A) Bid Procedures; (B) Stalking Horse Protections; and (C) Procedures for the Assumption and Assignment of Contracts. Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - Asset Purchase Agreement # 2 Exhibit B - Proposed Sale Order # 3 Exhibit C - Bid Procedures. Entered on 4/24/2023 (Ecker, C.) MODIFIED text on 4/24/2023 (Bergreen, J.).
April 24, 2023 Opinion or Order Filing 42 Order granting Motion for Entry of Order Authorizing the Debtors to Continue to Operate Their Cash Management System (related document #5) Entered on 4/24/2023. (Ecker, C.)
April 24, 2023 Opinion or Order Filing 41 Order granting motion to limit notice (related document #4) Entered on 4/24/2023. (Ecker, C.)
April 24, 2023 Opinion or Order Filing 40 Order granting motion to pay pre-petition employee wages (related document #10) Entered on 4/24/2023. (Ecker, C.)
April 23, 2023 Filing 39 Notice of hearing - Notice of Objection Deadline and Hearing filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (RE: related document(s)#8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition Secured Party, (iv) Modifying the Automatic Stay, (v) Scheduling a Final hearing, and (vi) Granting Related Relief Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - DIP Facility # 2 Exhibit B - Proposed Interim Order # 3 Exhibit C - Secured Loan # 4 Exhibit D - Budget)). Hearing to be held on 4/26/2023 at 02:30 PM at https://us-courts.webex.com/meet/everett for #8, (Attachments: #1 Exhibit A #2 Service List) (Berghman, Thomas)
April 23, 2023 Filing 38 Notice of hearing filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (RE: related document(s)#7 Motion to sell property free and clear of liens under Section 363(f) - Debtors' Motion to (A) Sell Substantially All Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests; and (B) Assume and Assign Certain Contracts Fee amount $188, Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - Asset Purchase Agreement # 2 Exhibit B - Proposed Order)). Hearing to be held on 5/16/2023 at 11:00 AM https://us-courts.webex.com/meet/everett for #7, (Attachments: #1 Service List) (Berghman, Thomas) Modified text to correct hearing location on 4/24/2023 (Ecker, C.).
April 23, 2023 Filing 37 Notice of hearing filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC (RE: related document(s)#6 Motion regarding utilities. Debtors' Emergency Motion for Entry of an Order (i) Approving the Debtors' Proposed Adequate Assurance of Payment for Future Utility Services, (ii) Prohibiting Utility Companies from Altering, Refusing, or Discontinuing Services, (iii) Approving the Debtors' Proposed Procedures for Resolving Additional Assurance Requests, and (iv) Granting Related Relief Filed by Debtor Five64, LLC (Attachments: # 1 Proposed Order), #8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition Secured Party, (iv) Modifying the Automatic Stay, (v) Scheduling a Final hearing, and (vi) Granting Related Relief Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - DIP Facility # 2 Exhibit B - Proposed Interim Order # 3 Exhibit C - Secured Loan # 4 Exhibit D - Budget)). Hearing to be held on 5/11/2023 at 02:30 PM https://us-courts.webex.com/meet/everett for #8 and for #6, (Attachments: #1 Service List) (Berghman, Thomas) Modified text to correct hearing location on 4/24/2023 (Ecker, C.).
April 23, 2023 Filing 36 Notice of Limited Service List filed by Jointly Administered Party/Debtor 64 IP Holdings, LLC, Debtor Five64, LLC. (Attachments: #1 Master Service List) (Berghman, Thomas)
April 22, 2023 Filing 35 BNC certificate of mailing. (RE: related document(s)#17 Notice of deficiency. Schedule A/B due 5/3/2023. Schedule D due 5/3/2023. Schedule E/F due 5/3/2023. Schedule G due 5/3/2023. Schedule H due 5/3/2023. Declaration Under Penalty of Perjury for Non-individual Debtors due 5/3/2023. Summary of Assets and Liabilities and Certain Statistical Information due 5/3/2023. Statement of Financial Affairs due 5/3/2023. (Ecker, C.)) No. of Notices: 1. Notice Date 04/22/2023. (Admin.)
April 22, 2023 Filing 34 BNC certificate of mailing. (RE: related document(s)#15 INCORRECT ENTRY: See #17 for correction Notice of deficiency. Schedule A/B due 5/3/2023. Schedule D due 5/3/2023. Schedule E/F due 5/3/2023. Schedule G due 5/3/2023. Schedule H due 5/3/2023. Declaration Under Penalty of Perjury for Non-individual Debtors due 5/3/2023. Summary of Assets and Liabilities and Certain Statistical Information due 5/3/2023. Statement of Financial Affairs due 5/3/2023. Chapter 11 Small Business Statement of Operations due 4/26/2023. (Ecker, C.) Modified on 4/20/2023 (Ecker, C.).) No. of Notices: 1. Notice Date 04/22/2023. (Admin.)
April 21, 2023 47 Hearing held on 4/21/2023 (RE: related document(s) #2 Motion for joint administration of cases 23-30767 (Five64, LLC); 23-30769 (64 IP Holdings, LLC) Filed by Debtor Five64, LLC (MOTION GRANTED AS MODIFIED ON THE RECORD; COUNSEL FOR DEBTOR TO PROVIDE ORDER TO THE COURT); #4 Emergency Motion to limit notice Filed by Debtor Five64, LLC (MOTION GRANTED AS MODIFIED ON THE RECORD; COUNSEL FOR DEBTOR TO PROVIDE ORDER TO THE COURT); #5 Motion to maintain bank accounts. Debtors' Emergency Motion for Entry of Order Authorizing the Debtors to Continue to Operate Their Cash Management System Filed by Debtor Five64, LLC (MOTION GRANTED AS MODIFIED ON THE RECORD; COUNSEL FOR DEBTOR TO PROVIDE ORDER TO THE COURT); #8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition Secured Party, (iv) Modifying the Automatic Stay, (v) Scheduling a Final hearing, and (vi) Granting Related Relief Filed by Debtor Five64, LLC (MOTION GRANTED AS MODIFIED ON THE RECORD; COUNSEL FOR DEBTOR TO PROVIDE ORDER TO THE COURT; FINAL HEARING ON MOTION SET FOR 5/11/23 AT 2:30 PM); #9 Motion to establish procedures - Debtors' Emergency Motion for Approval of (A) Bid Procedures; (B) Stalking Horse Protections; and (C) Procedures for the Assumption and Assignment of Contracts. Filed by Debtor Five64, LLC (MOTION GRANTED AS MODIFIED ON THE RECORD; COUNSEL FOR DEBTOR TO PROVIDE ORDER TO THE COURT; FINAL HEARING ON MOTION SET FOR 5/16/23 AT 11:00 AM); #10 Motion to pay - Debtor's Emergency Motion for Entry of Order Authorizing Payment of Pre-Petition Employee Wages Filed by Debtor Five64, LLC (MOTION GRANTED AS MODIFIED ON THE RECORD; COUNSEL FOR DEBTOR TO PROVIDE ORDER TO THE COURT); #13 Emergency Motion to pay pre-petition debt - Debtors' Emergency Motion for Entry of an Order Authorizing Payment of Certain Pre-Petition Claims of Critical Vendors Filed by Debtor Five64, LLC (MOTION WITHDRAWN; COUNSEL FOR DEBTOR TO FILE NOTICE OF WITHDRAWAL)) (Bergreen, J.)
April 21, 2023 Filing 44 Court admitted exhibits date of hearing April 21, 2023 (RE: related document(s)#2 Motion for joint administration of cases 23-30767 (Five64, LLC); 23-30769 (64 IP Holdings, LLC) filed by Debtor Five64, LLC (Attachments: # 1 Proposed Order), #4 Emergency Motion to limit notice Filed by Debtor Five64, LLC (Attachments: # 1 Proposed Order), #5 Motion to maintain bank accounts. Debtors' Emergency Motion for Entry of Order Authorizing the Debtors to Continue to Operate Their Cash Management System Filed by Debtor Five64, LLC (Attachments: # 1 Proposed Order), #8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition Secured Party, (iv) Modifying the Automatic Stay, (v) Scheduling a Final hearing, and (vi) Granting Related Relief Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - DIP Facility # 2 Exhibit B - Proposed Interim Order # 3 Exhibit C - Secured Loan # 4 Exhibit D - Budget), #9 Motion to establish procedures - Debtors' Emergency Motion for Approval of (A) Bid Procedures; (B) Stalking Horse Protections; and (C) Procedures for the Assumption and Assignment of Contracts. Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - Asset Purchase Agreement # 2 Exhibit B - Proposed Sale Order # 3 Exhibit C - Bid Procedures # 4 Exhibit D - Contract Assumption/Assignment and Proposed Cure Notice # 5 Proposed Order), #10 Motion to pay - Debtor's Emergency Motion for Entry of Order Authorizing Payment of Pre-Petition Employee Wages Filed by Debtor Five64, LL., (COURT ADMITTED DEBTOR'S EXHIBITS #A, #B, #C, #D, #E, #F, #G, #H, #I, #J & #K OFFERED BY ATTY THOMAS BERGHMAN, FILED AT DOC. #31). (Edmond, Michael)
April 21, 2023 Opinion or Order Filing 33 Order jointly administered lead case 23-30767 with member case(s) 23-30769. 64 IP Holdings, LLC rep by, Thomas Daniel Berghman added to case. An order has been entered in accordance with Rule 1015(b) of the Federal Rules of Bankruptcy Procedure and Rule 1015-1 of the Bankruptcy Local Rules directing joint administration of the chapter 11 cases of: Five64, LLC, Case No. 23-30767; and 64 IP Holdings, LLC, Case No. 23-30769. All further pleadings and other papers shall be filed in and all further docket entries shall be made in Case No. 23-30767. (RE: related document(s)#2 Motion for joint administration filed by Debtor Five64, LLC). Entered on 4/21/2023 (Rielly, Bill)
April 21, 2023 Filing 32 Notice of Appearance and Request for Notice by Frances A. Smith filed by Trustee Frances A. Smith (SBRA V). (Smith, Frances)
April 21, 2023 Filing 31 Witness and Exhibit List for Hearing on First-Day Matters filed by Debtor Five64, LLC (RE: related document(s)#2 Motion for joint administration of cases 23-30767 (Five64, LLC); 23-30769 (64 IP Holdings, LLC) , #4 Emergency Motion to limit notice, #5 Motion to maintain bank accounts. Debtors' Emergency Motion for Entry of Order Authorizing the Debtors to Continue to Operate Their Cash Management System, #8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition, #9 Motion to establish procedures - Debtors' Emergency Motion for Approval of (A) Bid Procedures; (B) Stalking Horse Protections; and (C) Procedures for the Assumption and Assignment of Contracts. , #10 Motion to pay - Debtor's Emergency Motion for Entry of Order Authorizing Payment of Pre-Petition Employee Wages). (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C #4 Exhibit D (DIP Budget) #5 Exhibit E #6 Exhibit F #7 Exhibit G #8 Exhibit H #9 Exhibit I #10 Exhibit J #11 Exhibit K) (Berghman, Thomas)
April 21, 2023 Filing 30 Notice of Appointment of Subchapter V Trustee . Frances A. Smith (SBRA V) added to the case. (Kippes, Meredyth)
April 21, 2023 Filing 29 Notice of Agenda for Emergency Hearing on First-Day Motions filed by Debtor Five64, LLC. (Berghman, Thomas)
April 20, 2023 Filing 28 Notice of Appearance and Request for Notice by John J. Kane filed by Creditor Cartwheel Acquisition Sub, Inc.. (Kane, John)
April 20, 2023 Filing 27 Certificate of service re: All First-Day Pleadings (Supplemental Service on Factors) filed by Debtor Five64, LLC (RE: related document(s)#18 Certificate of service). (Nguyen, Thanhan)
April 20, 2023 Filing 26 Certificate of Conference Regarding First-Day Matters filed by Debtor Five64, LLC. (Berghman, Thomas)
April 20, 2023 Filing 19 Emergency Notice of hearing(First-Day Motions) filed by Debtor Five64, LLC (RE: related document(s)#2 Motion for joint administration of cases 23-30767 (Five64, LLC); 23-30769 (64 IP Holdings, LLC) Filed by Debtor Five64, LLC (Attachments: # 1 Proposed Order), #4 Emergency Motion to limit notice Filed by Debtor Five64, LLC (Attachments: # 1 Proposed Order), #5 Motion to maintain bank accounts. Debtors' Emergency Motion for Entry of Order Authorizing the Debtors to Continue to Operate Their Cash Management System Filed by Debtor Five64, LLC (Attachments: # 1 Proposed Order), #8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition Secured Party, (iv) Modifying the Automatic Stay, (v) Scheduling a Final hearing, and (vi) Granting Related Relief Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - DIP Facility # 2 Exhibit B - Proposed Interim Order # 3 Exhibit C - Secured Loan # 4 Exhibit D - Budget), #9 Motion to establish procedures - Debtors' Emergency Motion for Approval of (A) Bid Procedures; (B) Stalking Horse Protections; and (C) Procedures for the Assumption and Assignment of Contracts. Filed by Debtor Five64, LLC (Attachments: # 1 Exhibit A - Asset Purchase Agreement # 2 Exhibit B - Proposed Sale Order # 3 Exhibit C - Bid Procedures # 4 Exhibit D - Contract Assumption/Assignment and Proposed Cure Notice # 5 Proposed Order), #10 Motion to pay - Debtor's Emergency Motion for Entry of Order Authorizing Payment of Pre-Petition Employee Wages Filed by Debtor Five64, LLC (Attachments: # 1 Proposed Order), #13 Emergency Motion to pay pre-petition debt - Debtors' Emergency Motion for Entry of an Order Authorizing Payment of Certain Pre-Petition Claims of Critical Vendors Filed by Debtor Five64, LLC (Attachments: # 1 Proposed Order)). Hearing to be held on 4/21/2023 at 02:00 PM at https://us-courts.webex.com/meet/everett for #10 and for #2 and for #9 and for #8 and for #5 and for #4 and for #13, (Attachments: #1 WebEx Hearing Instructions #2 Service List (Five64) #3 Service List (64 IP)) (Nguyen, Thanhan)
April 20, 2023 Filing 18 Certificate of service re: - All First-Day Pleadings (and Motion to Sell) filed by Debtor Five64, LLC (RE: related document(s)#2 Motion for joint administration of cases 23-30767 (Five64, LLC); 23-30769 (64 IP Holdings, LLC) , #4 Emergency Motion to limit notice, #5 Motion to maintain bank accounts. Debtors' Emergency Motion for Entry of Order Authorizing the Debtors to Continue to Operate Their Cash Management System, #6 Motion regarding utilities. Debtors' Emergency Motion for Entry of an Order (i) Approving the Debtors' Proposed Adequate Assurance of Payment for Future Utility Services, (ii) Prohibiting Utility Companies from Altering, Refusing, or Disco, #7 Motion to sell property free and clear of liens under Section 363(f) - Debtors' Motion to (A) Sell Substantially All Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests; and (B) Assume and Assign Certain Contracts, #8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition, #9 Motion to establish procedures - Debtors' Emergency Motion for Approval of (A) Bid Procedures; (B) Stalking Horse Protections; and (C) Procedures for the Assumption and Assignment of Contracts. , #10 Motion to pay - Debtor's Emergency Motion for Entry of Order Authorizing Payment of Pre-Petition Employee Wages, #13 Emergency Motion to pay pre-petition debt - Debtors' Emergency Motion for Entry of an Order Authorizing Payment of Certain Pre-Petition Claims of Critical Vendors, #14 Request for expedited consideration of first day matter). (Attachments: #1 Service List (Five64) #2 Service List (64 IP Holdings)) (Berghman, Thomas)
April 20, 2023 Filing 17 Notice of deficiency. Schedule A/B due 5/3/2023. Schedule D due 5/3/2023. Schedule E/F due 5/3/2023. Schedule G due 5/3/2023. Schedule H due 5/3/2023. Declaration Under Penalty of Perjury for Non-individual Debtors due 5/3/2023. Summary of Assets and Liabilities and Certain Statistical Information due 5/3/2023. Statement of Financial Affairs due 5/3/2023. (Ecker, C.)
April 20, 2023 Filing 16 Declaration re: Chapter 11 Petitions and First Day Matters filed by Debtor Five64, LLC (RE: related document(s)#1 Voluntary petition (chapter 11)). (Nguyen, Thanhan)
April 20, 2023 Filing 15 INCORRECT ENTRY: See #17 for correction Notice of deficiency. Schedule A/B due 5/3/2023. Schedule D due 5/3/2023. Schedule E/F due 5/3/2023. Schedule G due 5/3/2023. Schedule H due 5/3/2023. Declaration Under Penalty of Perjury for Non-individual Debtors due 5/3/2023. Summary of Assets and Liabilities and Certain Statistical Information due 5/3/2023. Statement of Financial Affairs due 5/3/2023. Chapter 11 Small Business Statement of Operations due 4/26/2023. (Ecker, C.) Modified on 4/20/2023 (Ecker, C.).
April 20, 2023 Filing 14 Request for expedited consideration of first day matter. Re: filed by Debtor Five64, LLC (RE: related document(s)#2 Motion for joint administration of cases 23-30767 (Five64, LLC); 23-30769 (64 IP Holdings, LLC) , #4 Emergency Motion to limit notice, #5 Motion to maintain bank accounts. Debtors' Emergency Motion for Entry of Order Authorizing the Debtors to Continue to Operate Their Cash Management System, #6 Motion regarding utilities. Debtors' Emergency Motion for Entry of an Order (i) Approving the Debtors' Proposed Adequate Assurance of Payment for Future Utility Services, (ii) Prohibiting Utility Companies from Altering, Refusing, or Disco, #8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition, #9 Motion to establish procedures - Debtors' Emergency Motion for Approval of (A) Bid Procedures; (B) Stalking Horse Protections; and (C) Procedures for the Assumption and Assignment of Contracts. , #10 Motion to pay - Debtor's Emergency Motion for Entry of Order Authorizing Payment of Pre-Petition Employee Wages, #13 Emergency Motion to pay pre-petition debt - Debtors' Emergency Motion for Entry of an Order Authorizing Payment of Certain Pre-Petition Claims of Critical Vendors). (Berghman, Thomas) (GRANTED ORALLY; DE #2, #4, #5, #8, #9, #10, #13 SET FOR HEARING ON 4/21/2023 AT 2:00 PM VIA WEBEX) Modified on 4/20/2023 (Bergreen, J.).
April 20, 2023 Filing 13 Emergency Motion to pay pre-petition debt - Debtors' Emergency Motion for Entry of an Order Authorizing Payment of Certain Pre-Petition Claims of Critical Vendors Filed by Debtor Five64, LLC (Attachments: #1 Proposed Order) (Berghman, Thomas)
April 20, 2023 Filing 12 Chapter 11 or Chapter 9 Cases Non- Individual List of Creditors Who Have 20 Largest Unsecured Claims Against You and Are Not Insiders . Filed by Debtor Five64, LLC. (Berghman, Thomas)
April 20, 2023 Filing 11 Statement of Corporate Ownership filed. filed by Debtor Five64, LLC. (Berghman, Thomas)
April 20, 2023 Filing 10 Motion to pay - Debtor's Emergency Motion for Entry of Order Authorizing Payment of Pre-Petition Employee Wages Filed by Debtor Five64, LLC (Attachments: #1 Proposed Order) (Berghman, Thomas)
April 20, 2023 Filing 9 Motion to establish procedures - Debtors' Emergency Motion for Approval of (A) Bid Procedures; (B) Stalking Horse Protections; and (C) Procedures for the Assumption and Assignment of Contracts. Filed by Debtor Five64, LLC (Attachments: #1 Exhibit A - Asset Purchase Agreement #2 Exhibit B - Proposed Sale Order #3 Exhibit C - Bid Procedures #4 Exhibit D - Contract Assumption/Assignment and Proposed Cure Notice #5 Proposed Order) (Berghman, Thomas)
April 20, 2023 Filing 8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition Secured Party, (iv) Modifying the Automatic Stay, (v) Scheduling a Final hearing, and (vi) Granting Related Relief Filed by Debtor Five64, LLC (Attachments: #1 Exhibit A - DIP Facility #2 Exhibit B - Proposed Interim Order #3 Exhibit C - Secured Loan #4 Exhibit D - Budget) (Berghman, Thomas)
April 20, 2023 23 Hearing set (RE: related document(s)#8 Motion for DIP financing. Debtors' Emergency Motion for Entry of an Order (i) Authorizing the Debtors to Obtain Post-Petition Financing, (ii) Authorizing the Debtors to Use Cash Collateral, (iii) Granting Adequate Protection to the Prepetition Secured Party, (iv) Modifying the Automatic Stay, (v) Scheduling a Final hearing, and (vi) Granting Related Relief Filed by Debtor Five64, LLC) Hearing to be held on 4/21/2023 at 02:00 PM at https://us-courts.webex.com/meet/everett for #8, (Bergreen, J.)
April 20, 2023 21 Hearing set (RE: related document(s)#5 Motion to maintain bank accounts. Debtors' Emergency Motion for Entry of Order Authorizing the Debtors to Continue to Operate Their Cash Management System Filed by Debtor Five64, LLC) Hearing to be held on 4/21/2023 at 02:00 PM at https://us-courts.webex.com/meet/everett for #5, (Bergreen, J.)
April 19, 2023 Filing 7 Motion to sell property free and clear of liens under Section 363(f) - Debtors' Motion to (A) Sell Substantially All Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests; and (B) Assume and Assign Certain Contracts Fee amount $188, Filed by Debtor Five64, LLC (Attachments: #1 Exhibit A - Asset Purchase Agreement #2 Exhibit B - Proposed Order) (Berghman, Thomas)
April 19, 2023 Filing 6 Motion regarding utilities. Debtors' Emergency Motion for Entry of an Order (i) Approving the Debtors' Proposed Adequate Assurance of Payment for Future Utility Services, (ii) Prohibiting Utility Companies from Altering, Refusing, or Discontinuing Services, (iii) Approving the Debtors' Proposed Procedures for Resolving Additional Assurance Requests, and (iv) Granting Related Relief Filed by Debtor Five64, LLC (Attachments: #1 Proposed Order) (Berghman, Thomas)
April 19, 2023 Filing 5 Motion to maintain bank accounts. Debtors' Emergency Motion for Entry of Order Authorizing the Debtors to Continue to Operate Their Cash Management System Filed by Debtor Five64, LLC (Attachments: #1 Proposed Order) (Berghman, Thomas)
April 19, 2023 Filing 4 Emergency Motion to limit notice Filed by Debtor Five64, LLC (Attachments: #1 Proposed Order) (Berghman, Thomas)
April 19, 2023 Filing 3 Creditor matrix with verification. Filed by Debtor Five64, LLC. (Berghman, Thomas)
April 19, 2023 Filing 2 Motion for joint administration of cases 23-30767 (Five64, LLC); 23-30769 (64 IP Holdings, LLC) Filed by Debtor Five64, LLC (Attachments: #1 Proposed Order) (Berghman, Thomas)
April 19, 2023 Filing 1 Non-individual Chapter 11 Voluntary Petition. Fee Amount $1738 Small Business,SubChapter V Filed by Five64, LLC Chapter 11 Plan Small Business Subchapter V Due by 07/18/2023. (Attachments: #1 Statement of Cash Flows #2 P&L Statement #3 Balance Sheet #4 Tax Return) (Berghman, Thomas)
April 19, 2023 Receipt of filing fee for Voluntary petition (chapter 11)(# 23-30767-11) [misc,volp11a] (1738.00). Receipt number A30338801, amount $1738.00 (re: Doc#1). (U.S. Treasury)
April 19, 2023 Receipt of filing fee for Motion to Sell(# 23-30767-swe11) [motion,msell] ( 188.00). Receipt number A30338950, amount $ 188.00 (re: Doc#7). (U.S. Treasury)

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Debtor: Five64, LLC
Represented By: Thomas Daniel Berghman
Represented By: Thanhan Nguyen
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Trustee: Frances A. Smith (SBRA V)
Represented By: Frances A. Smith
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