NB Commons, LLC
| NB Commons, LLC |
| Tim Sherer, Dominic Baldini and Wolf Von Falkenburg |
| US Trustee |
| 2:2023bk01053 |
| August 23, 2023 |
| U.S. Bankruptcy Court for the Eastern District of Washington |
| Frederick P Corbit |
| Other |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 165 CERTIFICATE of Service. Filed by James L Day on behalf of NB Commons, LLC (RE: Notice of Hearing#164). (Day, James) |
| Filing 164 NOTICE of Hearing. Filed by James L Day on behalf of NB Commons, LLC (RE: Motion to Authorize#92). The Hearing date is set for 10/24/2023 at 11:30 AM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Day, James) |
| Filing 163 OBJECTION (RE: Motion to Authorize#92). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
Filing 162
ORDER Uploaded. Filed by Day, James. (RE: #99 )
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| Filing 161 DECLARATION Under Penalty of Perjury for Non-Individual Debtors , SCHEDULE A/B: Property Non-Individual , SCHEDULE D: Non-Individual - Creditors Having Claims Secured by Property , SCHEDULE E/F: Creditors Who Have Unsecured Claims Non-Individual , SCHEDULE G: Non-Individual - Executory Contracts and Unexpired Leases , SCHEDULE H: Non-Individual - Codebtors , SUMMARY of Assets and Liabilities for Non-Individual , STATEMENT of Financial Affairs for Non-Individual (RE: Involuntary Petition (Chapter 11)#1, Order on Motion to Extend Time to File Document#71). Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 160 AGREED ORDER Continuing Final Hearing on Use of Cash Collateral and Extending Interim Authority to Use Cash Collateral (RE: Order on Motion to Use Cash Collateral#73). (TLJ) |
| Filing 159 SUPPLEMENT to Claim No. 3 (Filed as NOTICE of Postpetition Fees, Expenses, and Charges and corrected by court) filed by Rent College Pads (ePOC) Modified on 10/18/2023 (TLJ). |
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Filing 158
ORDER Uploaded. Filed by Day, James. (RE: #73 )
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| Filing 157 MINUTE Entry Re: Motion to Use Cash Collateral. NOT HELD. Rescheduled to 10/30/2023 at 10:00 AM at US Post Office Bldg, 904 W Riverside Ave, 3rd Floor Courtroom, Spokane, WA. (RE: Motion to Use Cash Collateral #51 ). (JKB) |
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Filing 156
ORDER Granting Motion to Shorten Time for Hearing (RE: #147, #149). Hearing Scheduled 10/24/2023 at 02:00 PM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (TLJ)
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Filing 155
ORDER Granting Motion for 2004 Examination of Book and Ladder LLC (RE: #145). (TLJ)
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| Filing 154 MINUTE Entry Re: Motion for Contempt/Sanctions and Motion Shorten Time. HELD. The court continued the hearing based upon request of Mr. Day, debtor's counsel, to 10/24/2023 at 02:00 PM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. The Motion to Shorten Time was GRANTED (date and time of continuance to be added into the order). Discussion ensued as to the 2004 motion and order which the Judge will sign. There was no appearance by Book and Ladder LLC at the hearing. (RE: Motion to Shorten Time #149 , Motion for Contempt Against Book and Ladder LLC, Motion for Sanctions #147 ). Appearances: James L. Day and Richard B. Keeton, attorney for debtor; and William Brunnquell, attorney for Greyhawk SSOF Ruckus Lender, LLC ((JKB) |
| Filing 153 PDF with attached Audio File. Court Date & Time [ 10/16/2023 2:01:17 PM ]. File Size [ 3544 KB ]. Run Time [ 00:07:23 ]. (JoleneBritton). |
| Filing 152 NOTICE of Appearance. Filed by William Brunnquell on behalf of Greyhawk SSOF Ruckus Lender, LLC (Brunnquell, William) |
| Filing 151 CERTIFICATE of Service. Filed by James L Day on behalf of NB Commons, LLC (RE: Motion for Contempt#147, Notice of Hearing#148, Motion to Shorten Time#149, Received Unsigned Order#150). (Day, James) |
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Filing 150
ORDER Uploaded. Filed by Day, James. (RE: #149 )
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| Filing 149 MOTION to Shorten Time (RE: Motion for Contempt#147, Notice of Hearing#148) . Filed by James L Day on behalf of NB Commons, LLC. (Day, James) |
| Filing 148 NOTICE of Motion and Time to Object, NOTICE of Hearing. Filed by James L Day on behalf of NB Commons, LLC (RE: Motion for Contempt#147, Motion to Shorten Time#149). The Hearing date is set for 10/16/2023 at 02:00 PM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Day, James) DEPUTY Clerk Note: Notice of Motion added to docket text. Modified on 10/13/2023 (TLJ). |
| Filing 147 MOTION For Contempt Against Book and Ladder LLC, MOTION For Sanctions. Filed by James L Day on behalf of NB Commons, LLC. (Day, James) DEPUTY Clerk Note: Motion for Sanctions added to docket text. Modified on 10/12/2023 (TLJ). |
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Filing 146
ORDER Uploaded. Filed by Fox, Gregory. (RE: #145 )
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| Filing 145 MOTION for 2004 Examination of Book and Ladder LLC - Not Scheduled. Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC. (Fox, Gregory) |
| Filing 144 NOTIFICATION of Filing of Proposed Form of Final Order on Cash Collateral Motion (RE: Motion to Use Cash Collateral#51, Order on Motion to Use Cash Collateral#73, Motion for Adequate Protection). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) |
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Filing 143
Scheduling Order. An evidentiary hearing on GreyHawk SSOF Ruckus Lender LLCs Motion to Dismiss shall commence on December 7, 2023, at 10:00 a.m. (two-day hearing) until concluded at the Post Office Building, West 904 Riverside, Spokane, WA. Creditor GreyHawk consented to the final hearing on its Motion for Relief From Stay to be heard at the same time. The disclosure statement and plan shall be filed no later than November 6, 2023.The moving party shall provide a list of witnesses to be called, summary of testimony, and a list of the exhibits no later than November 15, 2023; Debtor shall provide the same no later than November 22, 2023; and any supplement by the moving party to be filed no later than November 29, 2023. SO ORDERED, Frederick P. Corbit, U.S. Bankruptcy Judge. TEXT ONLY ORDER-NO DOCUMENT CREATED. (RE: Greyhawk SSOF Ruckus Lender LLC's Motion to Dismiss #19 GreyHawk's MOTION for Relief from Stay as to 1920 NE Terre View Drive, Pullman, WA. #82 (JKB)
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| Filing 141 DECLARATION of No Objections. Filer represents to the Court, under penalty of perjury, that the Motion (Docket No. #87) and Notice (Docket No. [N/A (Ex Parte)]), were served as documented in the Certificate of Service (Docket No. #135). No objections have been filed (RE: Motion for 2004 Examination#87, Certificate of Service#135). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) |
| Filing 142 MINUTE Entry. Greyhawk's Motion to Dismiss and Motion for Relief from Stay. HELD. The court heard comments/argument of counsel. An evidentiary hearing on the Motions shall commence on December 7, 2023, at 10:00 a.m. (two-day hearing) until concluded at the Post Office Building, West 904 Riverside, Spokane, WA. Discussion ensued as to appraisal of the property, adequate protection, and the viability of a reorganized plan being approved. The Debtor shall file a disclosure statement/plan no later than November 6, 2023, and if timing adequate, the hearing on the adequacy disclosure statement will be heard at the evidentiary hearing. See Scheduling Order for more details. Debtor's counsel clarified the concerns raised by the Court regarding two ex-parte orders ECF Nos. 57 and 87. For the hearing on cash collateral scheduled October 18, 2023, the Court requested a list of the witnesses no later than October 13, 2023. Appearances: Thomas A. Buford and James L. Day, attorneys for debtor; James B. Zack, Gregory R Fox, and Matthew G Bouslog, attorneys for GreyHawk SSOF Ruckus Lender LLC; Gary W. Dyer, attorney for U.S. Trustee; and John Munding, attorney for creditors (petitioning). (Re: GreyHawk SSOF Ruckus Lender LLC's Motion to Dismiss #19 GreyHawk's MOTION for Relief from Stay as to 1920 NE Terre View Drive, Pullman, WA. #82 (JKB) |
| Filing 140 MINUTE Entry. Debtor's Motion for Continued Use of Prepetition Bank Accounts, Checks and Forms. HELD . Mr. Dyer indicated the U.S. Trustee's concerns regarding prepetition accounts, collateralization, and reports have been resolved. Red Stone Residential as the property manager will also bank with Chase and will need to be brought in by an agreement or a sweep account at the end of the day going into the dip account. The Motion is GRANTED with the agreements set forth on the record. Debtor's counsel shall submit an amended interim order. Thomas A. Buford and James L. Day, attorneys for debtor; James B. Zack, Gregory R Fox, and Matthew G Bouslog, attorneys for GreyHawk SSOF Ruckus Lender LLC; Gary W. Dyer, attorney for U.S. Trustee; and John Munding, attorney for creditors (petitioning (RE: Debtor's MOTION to Authorize-Debtor's Emergency Motion for Continued Use of Prepetition Bank Accounts, Checks and Forms #90 ). (JKB) |
| Filing 139 MINUTE Entry. Applications for Employment. HELD. The court heard comments/argument of counsel. The Applications for employment of Bush Kornfield LLP as counsel for the debtor; and employment of Celadon Financial Group, LLC are GRANTED as stated on the record. Debtor's counsel to submit the orders. Appearances: Thomas A. Buford and James L. Day, attorneys for debtor; James B. Zack, Gregory R Fox, and Matthew G Bouslog, attorneys for GreyHawk SSOF Ruckus Lender LLC; Gary W. Dyer, attorney for U.S. Trustee; and John Munding, attorney for creditors (petitioning). (RE: Debtor's APPLICATION to Approve Employment of Celadon Financial Group, LLC as Investment Bank #99 ; Debtor's APPLICATION to Approve Employment of Bush Kornfeld LLP as Bankruptcy Counsel to the Debtor #54 (JKB) |
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Filing 138
ORDER Directing Book and Ladder LLC to Cooperate (RE: #96). (TLJ)
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Filing 137
ORDER Granting Application to Approve Employment of Turning Point Strategic Advisors as Financial Advisor to the Debtor (RE: #57). (TLJ)
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Filing 136
ORDER Granting Application to Approve Employment of Bush Kornfeld LLP as Counsel to the Debtor (RE: #54). (TLJ)
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| Filing 135 CERTIFICATE of Service. Filed by James L Day on behalf of NB Commons, LLC (RE: Motion for 2004 Examination#87, Declaration#88, Received Unsigned Order#89, Motion to Compel#96, Declaration#97, Declaration#98). (Day, James) |
| Filing 134 MINUTE Entry. Motion to Compel. HELD. The Motion is GRANTED with the changes to the order as set forth on the record. Debtor's counsel to submit the order. Appearances: Thomas A.Buford and James L. Day, attorneys for debtor; James B. Zack, Gregory R Fox, and Matthew G Bouslog, attorneys for GreyHawk SSOF Ruckus Lender LLC; Gary W. Dyer, attorney for U.S. Trustee; and John Munding, attorney for creditors (petitioning). (RE: Motion to Compel - Emergency Motion for Order Directing Book and Ladder to Cooperate or, Alternatively, for Sanctions #96 ). (JKB) |
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Filing 133
ORDER Uploaded. Filed by Buford, Thomas. (RE: #54 )
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| Filing 132 DECLARATION of No Objections. Filer represents to the Court, under penalty of perjury, that the Motion (Docket No. #96) and Notice (Docket No. #107), were served as documented in the Certificate of Service (Docket No. #116). No objections have been filed (RE: Motion to Compel#96, Notice of Hearing#107, Certificate of Service#116). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) |
| Filing 131 PDF with attached Audio File. Court Date & Time [ 10/4/2023 10:04:40 AM ]. File Size [ 52552 KB ]. Run Time [ 01:49:29 ]. (TiffanyJames). |
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Filing 130
ORDER Granting Motion to Authorize Debtor to Pay Prepetition Lease Deposit Refunds (RE: #60). (TLJ)
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Filing 129
ORDER Uploaded. Filed by Buford, Thomas. (RE: #96 )
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| Filing 128 INCOMING Correspondence. Filed by Rich Parkins of Nature's Pride Carpet Cleaning. (TLJ) |
| Filing 127 REPLY signed by Thomas A. Buford (RE: Application to Approve Employment#99, Declaration#100, Notice of Hearing#107, Certificate of Service#116, Notice of Hearing - Amended#120, Notification of#123, Response#124). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) |
| Filing 126 DECLARATION signed by Brian Nelson in Support of Debtor's Response to Greyhawk's Motion for Relief from the Automatic Stay. Filed by James L Day on behalf of NB Commons, LLC (RE: Motion for Relief from Stay#82, Response#125). (Day, James) |
| Filing 125 RESPONSE signed by James L. Day to Greyhawk's Motion for Relief from the Automatic Stay (RE: Motion for Relief from Stay#82). Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 124 RESPONSE Reservation of Rights re Application to Employ Celadon Financial Group, LLC as Investment Banker signed by Gregory R. Fox (RE: Application to Approve Employment#99). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 123 NOTIFICATION of Filing Revised Proposed Orders (RE: Motion to Authorize#90, Declaration#91, Application to Approve Employment#99, Declaration#100). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) DEPUTY Clerk Note: Entry clarified. Modified on 10/3/2023 (TLJ). |
| Filing 122 REPLY signed by Thomas A. Buford (RE: Application to Approve Employment#54, Declaration#55, Notice of Hearing#56, Declaration#78, Response#105, Objection#106). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) |
| Filing 121 CERTIFICATE of Service. Filed by James L Day on behalf of NB Commons, LLC (RE: Order to Shorten Time#119, Notice of Hearing - Amended#120). (Day, James) |
| Filing 120 AMENDED NOTICE of Hearing Filed by James L Day on behalf of NB Commons, LLC (RE: Motion to Authorize#90, Motion to Compel#96, Application to Approve Employment#99, Notice of Hearing#107, Order to Shorten Time#119). The Hearing date is set for 10/4/2023 at 10:00 AM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Day, James) |
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Filing 119
ORDER Granting Motion to Shorten Time (RE: #101). (TLJ)
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| Filing 118 REPLY signed by Gregory R. Fox (RE: Motion to Dismiss Case#19). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 117 SECOND DECLARATION signed by Howard Davis--Second Declaration Regarding the Debtor's Application to Employ Bush Kornfeld LLP (RE: Application to Approve Employment#54, Declaration#78). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) |
| Filing 116 CERTIFICATE of Service. Filed by Richard B Keeton on behalf of NB Commons, LLC (RE: Motion to Authorize#90, Motion to Authorize#92, Motion to Compel#96, Application to Approve Employment#99, Notice of Motion and Time to Object#104, Notice of Hearing#107). (Keeton, Richard) |
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Filing 115
ORDER Uploaded. Filed by Keeton, Richard. (RE: #60 )
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Filing 114
ORDER Uploaded. Filed by Keeton, Richard. (RE: #57 )
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| Filing 113 MINUTE Entry. Motion. NOT HELD. Stricken - no objections. Counsel to submit order. (RE: Motion to Authorize Debtor to Pay Prepetition Lease Deposit Refunds in the Ordinary Course #60 ). (JKB) |
| Filing 112 MINUTE Entry. Application. NOT HELD. Stricken - no objections. Counsel to submit order. (RE: Application to Approve Employment of Turning Point Strategic Advisors as Financial Advisor to the Debtor #57 ). (JKB) |
| Filing 111 DECLARATION of No Objections. Filer represents to the Court, under penalty of perjury, that the Motion (Docket No. #60) and Notice (Docket No. [N/A]), were served as documented in the Certificate of Service (Docket No. #109). No objections have been filed (RE: Motion to Authorize#60, Certificate of Service#109). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) |
| Filing 110 DECLARATION of No Objections. Filer represents to the Court, under penalty of perjury, that the Motion (Docket No. #57) and Notice (Docket No. [N/A]), were served as documented in the Certificate of Service (Docket No. #109). No objections have been filed (RE: Application to Approve Employment#57, Certificate of Service#109). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) |
| Filing 109 CERTIFICATE of Service. Filed by Richard B Keeton on behalf of NB Commons, LLC (RE: Application to Approve Employment#54, Application to Approve Employment#57, Motion to Authorize#60). (Keeton, Richard) |
| Filing 108 BNC Certificate of Mailing - Meeting of Creditors Notice Date 09/28/2023. (Admin.) |
| Filing 107 NOTICE of Hearing. Filed by James L Day on behalf of NB Commons, LLC (RE: Motion to Authorize#90, Motion to Compel#96, Application to Approve Employment#99). The Hearing date is set for 10/4/2023 at 10:00 AM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Day, James) |
| Filing 106 OBJECTION. Filed by U.S. Trustee (RE: Application to Approve Employment#54). (Dyer, Gary) |
| Filing 105 RESPONSE Greyhawk's Reservation of Rights signed by Gregory R. Fox (RE: Application to Approve Employment#54). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 104 NOTICE of Motion and Time to Object. Filed by James L Day on behalf of NB Commons, LLC (RE: Motion to Authorize#92). (Day, James) |
| Filing 103 NOTIFICATION of Revised Proposed Form of Order (RE: Application to Approve Employment#57). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) Modified on 9/28/2023 (TLJ). |
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Filing 102
ORDER Uploaded. Filed by Tobin, Christine. (RE: #101). DEPUTY Clerk Note: Filer linked related document incorrectly and corrected by court. Modified on 9/28/2023 (TLJ).
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| Filing 101 MOTION to Shorten Time (RE: Motion to Authorize#90, Motion to Compel#96, Application to Approve Employment#99) . Filed by Christine M Tobin on behalf of NB Commons, LLC. (Tobin, Christine) |
| Filing 100 DECLARATION signed by Armand R. Pastine in Support of Application for Order Authorizing Debtor to Employ Celadon Financial Group, LLC as Investment Banker (RE: Application to Approve Employment#99). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) |
| Filing 99 APPLICATION to Approve Employment of Celadon Financial Group, LLC as Investment Banker.. Filed by Thomas A Buford on behalf of NB Commons, LLC. (Buford, Thomas) |
| Filing 98 DECLARATION signed by Brian Nelson in Support of Emergency Motion for Order Directing Book and Ladder LLC to Cooperate or, Atlernatively, for Sanctions (RE: Motion to Compel#96). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) |
| Filing 97 DECLARATION signed by Thomas Buford in Support of Emergency Motion for Order Directing Book and Ladder LLC to Cooperate or, Atlernatively, for Sanctions (RE: Motion to Compel#96). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) |
| Filing 96 MOTION to Compel -Emergency Motion for Order Directing Book and Ladder to Cooperate or, Alternatively, MOTION for Sanctions. Filed by Thomas A Buford on behalf of NB Commons, LLC. (Buford, Thomas) DEPUTY Clerk Note: Motion for Sanctions added to docket text. Modified on 9/28/2023 (TLJ). |
| Filing 95 DECLARATION signed by Dennis Ruffing in Support of Debtor's Supplemental Response to Motion to Dismiss (RE: Motion to Dismiss Case#19, Response#94). Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 94 RESPONSE --Debtor's Supplemental Response to Motion to Dismiss signed by James L. Day (RE: Motion to Dismiss Case#19). Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 93 DECLARATION signed by Brian Nelson in Support of Debtor's Emergency Motion for Order Approving Debtor-in-Possesion Financing. Filed by James L Day on behalf of NB Commons, LLC (RE: Motion to Authorize#92). (Day, James) |
| Filing 92 MOTION to Authorize --Debtor's Emergency Motion for Order Approving Debtor-in-Possession Financing. Filed by James L Day on behalf of NB Commons, LLC. (Day, James) |
| Filing 91 DECLARATION signed by Brian Nelson in Support of Motion for Order Authorizing Continued Use of Prepetition Bank Accounts, Checks and Forms, and Granting Related Relief (RE: Motion to Authorize#90). Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 90 MOTION to Authorize --Debtor's Emergency Motion for Continued Use of Prepetition Bank Accounts, Checks and Forms. Filed by James L Day on behalf of NB Commons, LLC. (Day, James) |
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Filing 89
ORDER Uploaded. Filed by Tobin, Christine. (RE: #87 )
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| Filing 88 DECLARATION signed by Brian Nelson in Support of Debtor's Application for Order Authorizing and Directing Examination of Book and Ladder LLC Pursuant to Bankruptcy Rule 2004. Filed by Christine M Tobin on behalf of NB Commons, LLC (RE: Motion for 2004 Examination#87). (Tobin, Christine) |
| Filing 87 MOTION for 2004 Examination of Book and Ladder LLC - Not Scheduled. Filed by Christine M Tobin on behalf of NB Commons, LLC. (Tobin, Christine) |
| Filing 86 CERTIFICATE of Service. Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (RE: Motion for Relief from Stay#82, Notice of Hearing#83, Declaration#84, Declaration#85). (Fox, Gregory) |
| Filing 85 DECLARATION of John A. Campbell signed by John A. Campbell (RE: Motion for Relief from Stay#82). (Attachments: #1 Exhibit) Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 84 DECLARATION of Amy Harris signed by Amy Harris (RE: Motion for Relief from Stay#82). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 83 NOTICE of Hearing. Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (RE: Motion for Relief from Stay#82). The Hearing date is set for 10/4/2023 at 10:00 AM at US Post Office Bldg, 904 W Riverside Ave, 3rd Floor Courtroom, Spokane, WA. (Fox, Gregory) |
| Filing 82 MOTION for Relief from Stay as to 1920 NE Terre View Drive, Pullman, WA. Fee Amount $188. Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC. (Attachments: #1 Proposed Form of Order) (Fox, Gregory) |
| RECEIPT of Motion for Relief from Stay(# 23-01053-FPC11) [motion,mrlfsty] ( 188.00) Filing Fee. Receipt number A8150820. Fee amount 188.00 (RE: Motion for Relief from Stay#82). (U.S. Treasury) |
| Filing 81 NOTICE of Ch 11 Bankruptcy Case and Meeting of Creditors. 341(a) meeting to be held on 11/3/2023 at 09:00 AM at 341 Spokane-Richland ATT Telephone Line 1-877-953-9294 Access Code 4822893. Proofs of Claims due by 11/1/2023. Government Proof of Claim due 2/20/2024. Last day to oppose discharge or dischargeability 1/2/2024. (TLJ) |
| Filing 80 CHAPTER 9 or 11 Cases Non-Individual: List of Creditors Who Have 20 Largest Unsecured Claims Against You and Are Not Insiders, MATRIX - Pursuant to LBR 1007-2, and DECLARATION Under Penalty of Perjury for Non-Individual Debtors. Filed by James L Day on behalf of NB Commons, LLC (Day, James) DEPUTY Clerk Note: Matrix and Declaration added to docket text. Modified on 9/26/2023 (TLJ). |
| Filing 79 BNC Certificate of Mailing Notice Date 09/20/2023. (Admin.) |
| Filing 78 DECLARATION of Howard Davis Regarding the Debtor's Application to Employ Bush Kornfeld LLP signed by Howard Davis (RE: Application to Approve Employment#54). Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) |
| Filing 77 CERTIFICATE of Service. Filed by Richard B Keeton on behalf of NB Commons, LLC (RE: Motion for Adequate Assurance#46, Order#72). (Keeton, Richard) |
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Filing 76
ORDER Granting Motion for Approval of Agreed Scheduling Order pursuant to 28 U.S.C. 586(a)(7)(iv) and 11 U.S.C. 105(d) (RE: #74). (TLJ)
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Filing 75
ORDER Uploaded. Filed by Dyer, Gary. (RE: #74 )
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| Filing 74 APPLICATION For Approval of Agreed Scheduling Order pursuant to 28 U.S.C. 586(a)(7)(iv) and 11 U.S.C. 105(d). Filed by U.S. Trustee. (Dyer, Gary) |
| Filing 73 INTERIM ORDER Authorizing Use of Cash Collateral, Granting Adequate Protection, and Setting Final Hearing (RE: #51). Hearing scheduled 10/18/2023 at 10:00 AM at US Post Office Bldg, 904 W Riverside Ave, 3rd Floor Courtroom, Spokane, WA 99201. (TLJ) |
| Filing 72 INTERIM ORDER Approving Adequate Assurance to Utilities (RE: Motion for Adequate Assurance#46). (TLJ) |
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Filing 71
ORDER Granting Motion to Extend Time to File Mailing Matrix, Schedules and Statement of Financial Affairs (RE: #45). (TLJ)
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Filing 70
ORDER Uploaded. Filed by Day, James. (RE: #51 )
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Filing 69
ORDER Uploaded. Filed by Day, James. (RE: #46 )
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Filing 68
ORDER Uploaded. Filed by Day, James. (RE: #45 )
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| Filing 67 MINUTE Entry Re: Motions. HELD. The Motions were granted based upon the agreements set out on the record. Mr. Day shall submit the orders after circulating to counsel herein. An order to provide for the turnover of funds, shall include language that the liens of GreyHawk will not be altered, even if banks are changed, and a deposit control agreement to be signed as soon as possible. The final hearing to commence on 10-18 at 10 a.m. US Post Office Bldg, 904 W Riverside Ave, 3rd Floor Courtroom, Spokane, WA. The proposed final order to be submitted no later than 10-9 and any objections shall be filed no later than 10-13. The time for GreyHawk to file a motion for relief from stay is extended to 9-21. If this date does not work, a new date may be assigned for hearing. Discussion ensued as to the dip account and compliance with the U.S. Trustee guidelines. On the extension motion, the top 20 creditor list is extended to 9-21, if possible. Appearances: James Day, attorney for debtor; Gregory Fox, Matthew Bouslog, and James B. Zack, attorneys for GreyHawk SSFO Ruckus Lender, LLC; John D. Munding, attorney for creditors Sherer, Baldin, and Von Falkenburg, creditors (petitioning creditors); Tim Sherer, creditor; and Gary Dyer, attorney for U.S. Trustee. (RE: Motion to Extend Time to File Document #45 , Motion for Adequate Assurance #46 , Motion to Use Cash Collateral #51 ). (JKB) |
| Filing 66 PDF with attached Audio File. Court Date & Time [ 9/15/2023 12:02:18 PM ]. File Size [ 16800 KB ]. Run Time [ 00:35:00 ]. (JoleneBritton). |
| Filing 65 DECLARATION signed by Gregory R. Fox (RE: Objection#64). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 64 OBJECTION (RE: Motion to Use Cash Collateral#51). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 63 DECLARATION of Jake Jarman in Support of Emergency Motion for Interim Approval of Use of Cash Collateral signed by Jake Jarman (RE: Motion to Use Cash Collateral#51). Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 62 NOTICE of Hearing. Filed by Richard B Keeton on behalf of NB Commons, LLC (RE: Motion to Authorize#60, Declaration#61). The Hearing date is set for 10/4/2023 at 10:00 AM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Keeton, Richard) |
| Filing 61 DECLARATION in Support of Motion for Order Authorizing Debtor to Pay Prepetition Lease Deposit Refunds signed by Brian Nelson (RE: Motion to Authorize#60). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) |
| Filing 60 MOTION to Authorize Debtor to Pay Prepetition Lease Deposit Refunds in the Ordinary Course. Filed by Richard B Keeton on behalf of NB Commons, LLC. (Attachments: #1 Proposed Form of Order) (Keeton, Richard) |
| Filing 59 NOTICE of Hearing. Filed by Richard B Keeton on behalf of NB Commons, LLC (RE: Application to Approve Employment#57, Declaration#58). The Hearing date is set for 10/4/2023 at 10:00 AM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Keeton, Richard) |
| Filing 58 DECLARATION in Support of Debtor's Application to Approve Employment of Turning Point as Financial Advisor signed by Eric Camm (RE: Application to Approve Employment#57). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) |
| Filing 57 APPLICATION to Approve Employment of Turning Point Strategic Advisors as Financial Advisor to the Debtor.. Filed by Richard B Keeton on behalf of NB Commons, LLC. (Attachments: #1 Proposed Form of Order) (Keeton, Richard) |
| Filing 56 NOTICE of Hearing. Filed by Richard B Keeton on behalf of NB Commons, LLC (RE: Application to Approve Employment#54, Declaration#55). The Hearing date is set for 10/4/2023 at 10:00 AM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Keeton, Richard) |
| Filing 55 DECLARATION in Support of Debtor's Application for Order Approving Employment of Bush Kornfeld LLP signed by James L. Day (RE: Application to Approve Employment#54). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) |
| Filing 54 APPLICATION to Approve Employment of Bush Kornfeld LLP as Bankruptcy Counsel to the Debtor.. Filed by Richard B Keeton on behalf of NB Commons, LLC. (Attachments: #1 Proposed Form of Order) (Keeton, Richard) |
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Filing 53
ORDER Granting Motion to Shorten Time (RE: #49). (TLJ)
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| Filing 52 NOTICE of Hearing. Filed by James L Day on behalf of NB Commons, LLC (RE: Motion to Use Cash Collateral#51). The Hearing date is set for 9/15/2023 at 12:00 PM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Day, James) |
| Filing 51 MOTION to Use Cash Collateral, MOTION for Adequate Protection and Request for Final Hearing. Filed by James L Day on behalf of NB Commons, LLC. (Attachments: #1 Proposed Form of Order) (Day, James) DEPUTY Clerk Note: Entry Clarified. Modified on 9/14/2023 (TLJ). |
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Filing 50
ORDER Uploaded. Filed by Keeton, Richard. (RE: #49 )
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| Filing 49 MOTION to Shorten Time (RE: Motion to Extend Time to File Document#45, Motion for Adequate Assurance#46) . Filed by Richard B Keeton on behalf of NB Commons, LLC. (Attachments: #1 Proposed Form of Order) (Keeton, Richard) |
| Filing 48 DECLARATION of Brian Nelson in Support of Emergency Motions signed by Brian Nelson (RE: Motion to Extend Time to File Document#45, Motion for Adequate Assurance#46). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) |
| Filing 47 MINUTE Entry. AMENDED NOTE - the tentative hearing set on 9-13 on cash collateral/financing has been moved to 9-15 at 12 p.m.Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. https://www.zoomgov.com/j/1606922376 (RE: Minutes of Proceedings 42 ). (JKB) |
| Filing 46 MOTION for Adequate Assurance --Emergency Motion for Order Approving Adequate Assurance to Utilities and Notice. Filed by James L Day on behalf of NB Commons, LLC. (Attachments: #1 Proposed Form of Order) (Day, James) |
| Filing 45 MOTION to Extend Time to File Document: Mailing Matrix, Schedules and Statement of Financial Affairs to September 19, 2023 to file Matrix and to October 19, 2023 to file Schedules and Statement of Financial Affairs and Notice. Hearing Scheduled 9/15/2023 at 12 p.m. at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. Filed by James L Day on behalf of NB Commons, LLC. (Attachments: #1 Proposed Form of Order) (Day, James) DEPUTY Clerk Note: Hearing information added to docket text. Modified on 9/13/2023 (TLJ). |
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Filing 44
ORDER Approving Stipulation with Receiver for Turnover of Assets (RE: Stipulation#9). (TJL)
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Filing 43
ORDER Uploaded. Filed by Day, James. (RE: #9 )
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| Filing 41 PDF with attached Audio File. Court Date & Time [ 9/6/2023 3:29:38 PM ]. File Size [ 15792 KB ]. Run Time [ 00:32:54 ]. (JoleneBritton). |
| Filing 42 MINUTE Entry Re: Motions. HELD. The court continued the Motion to Dismiss to open court on 10-4 at 10 a.m., US Post Office Bldg, 904 W Riverside Ave, 3rd Floor Courtroom, Spokane, WA. Any additional oppositions to be filed no later than 9-27 and any responses to be filed no later than 9-29. Based upon the agreement on the record, counsel shall submit an order authorizing the turnover of assets (interim basis) with all rights of secured creditor being reserved. Mr. Day shall submit the order, circulating to counsel herein. The Debtor intends to file first day motions and hearing time is reserved on 9-13 at 9 a.m. at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. If GreyHawk files a motion for relief from stay it should be filed no later than 9-15 if counsel intends to argue on 10-4. Appearances: James Day, attorney for debtor; Gregory R. Fox and Matthew Bouslog, attorneys for GreyHawk SSFO Ruckus Lender, LLC; John Munding, attorney for petitioning creditors; and Gary Dyer, attorney for the U.S. Trustee. (RE Motion to Shorten Time #32 , Stipulation Re Authorization to Turnover Assets #9 , Motion to Dismiss Case #19 , Motion to Shorten Time #22 ) |
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Filing 40
ORDER for Relief in Ch 11 Involuntary Case (RE: #1). (TLJ)
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| Filing 39 OBJECTION (RE: Motion to Dismiss Case#19, Notice of Hearing#24). Filed by John D Munding on behalf of Tim Sherer (Munding, John) |
| Filing 38 OBJECTION (RE: Motion to Dismiss Case#19). Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 37 REPLY signed by Greyhawk SSOF Ruckus Lender, LLC (RE: Motion to Shorten Time#22, Objection#35, Objection#36). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 36 OBJECTION (RE: Motion to Dismiss Case#19, Motion to Shorten Time#22). Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 35 OBJECTION (RE: Motion to Shorten Time#22). Filed by John D Munding on behalf of Tim Sherer (Munding, John) |
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Filing 34
ORDER Uploaded. Filed by Munding, John. (RE: #1 )
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Filing 33
ORDER Uploaded. Filed by Keeton, Richard. (RE: #32 )
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| Filing 32 MOTION to Shorten Time (RE: Stipulation#9) . Filed by Richard B Keeton on behalf of NB Commons, LLC. (Attachments: #1 Proposed Form of Order) (Keeton, Richard) |
| Filing 31 CERTIFICATE of Service. Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (RE: Notice of Hearing - Amended#30). (Fox, Gregory) |
| Filing 30 AMENDED NOTICE of Motion (Filed as Amended Notice of Hearing and corrected by court). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (RE: Notice of Motion#24). The Hearing date is set for 9/6/2023 at 03:30 PM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Fox, Gregory). DEPUTY Clerk Note: Related document corrected. Modified on 8/30/2023 (TLJ). |
| Filing 29 CERTIFICATE of Service. Filed by James L Day on behalf of NB Commons, LLC (RE: Notice of Hearing#28). (Day, James) |
| Filing 28 NOTICE of Motion (Filed as Notice of Hearing and corrected by court). Filed by James L Day on behalf of NB Commons, LLC (RE: Stipulation#9, Declaration#10, Declaration#11). The Hearing date is set for 9/6/2023 at 03:30 PM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Day, James) Modified on 8/30/2023 (TLJ). |
| Filing 27 DECLARATION in Support of Reply to Objection to Motion for Order Approving Stipulation with Receiver signed by Kevin Hanchett (RE: Stipulation#9, Objection#14, Reply#25). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) |
| Filing 26 DECLARATION in Support of Reply to Objection to Motion for Order Approving Stipulation with Receiver signed by James L. Day (RE: Stipulation#9, Objection#14, Reply#25). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) |
| Filing 25 REPLY signed by James L. Day (RE: Stipulation#9, Objection#14). Filed by Richard B Keeton on behalf of NB Commons, LLC (Attachments: #1 Proposed Form of Order) (Keeton, Richard) |
| Filing 24 NOTICE of Motion and Time to Object (Filed as NOTICE of Hearing and corrected by court). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (RE: Motion to Dismiss Case#19, Motion to Shorten Time#22. (Fox, Gregory) Modified on 8/29/2023 (TLJ). |
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Filing 23
ORDER Uploaded. Filed by Fox, Gregory. (RE: #22 )
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| Filing 22 MOTION to Shorten Time (RE: Motion to Dismiss Case#19) . Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC. (Attachments: #1 Proposed Form of Order) (Fox, Gregory) |
| Filing 21 DECLARATION of Gregory R. Fox signed by Gregory R. Fox (RE: Motion to Dismiss Case#19). (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C #4 Exhibit D #5 Exhibit E #6 Exhibit F #7 Exhibit G #8 Exhibit H #9 Exhibit I #10 Exhibit J #11 Exhibit K #12 Exhibit L #13 Exhibit M #14 Exhibit N #15 Exhibit O #16 Exhibit P #17 Exhibit Q #18 Exhibit R #19 Exhibit S #20 Exhibit T #21 Exhibit U #22 Exhibit V #23 Exhibit W #24 Exhibit X #25 Exhibit Y #26 Exhibit Z #27 Exhibit AA #28 Exhibit BB #29 Exhibit CC #30 Exhibit DD #31 Exhibit EE #32 Exhibit FF #33 Exhibit GG #34 Exhibit HH #35 Exhibit II #36 Exhibit JJ #37 Exhibit KK #38 Exhibit LL #39 Exhibit MM) Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 20 DECLARATION of Amy Harris re Greyhawk's Claim and Collateral signed by Amy Harris (RE: Motion to Dismiss Case#19). (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C #4 Exhibit D #5 Exhibit E #6 Exhibit F #7 Exhibit G #8 Exhibit H #9 Exhibit I #10 Exhibit J #11 Exhibit K) Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 19 MOTION to Dismiss Case, Section 305(a)(1) or Section 1112(b)(1) of the Bankruptcy Code. Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC. (Attachments: #1 Proposed Form of Order) (Fox, Gregory) |
| Filing 18 NOTICE of Appearance. Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
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Filing 17
ORDER Granting Application to Appear Pro Hac Vice. Pursuant to Local Bankruptcy Rule 9010-1(a)(3) and Local Rule 83.2 of the United States District Court for the Eastern District of Washington, Attorney Matthew G. Bouslog for Greyhawk SSOF Ruckus Lender, LLC is hereby admitted pro hac vice to practice in the United States Bankruptcy Court for the Eastern District of Washington in the above-captioned case and any related bankruptcy cases and adversary proceedings. Counsel of record, Gregory R. Fox and James B. Zack, shall sign all pleadings, motions, and other papers prior to filing, and shall meaningfully participate in this case. SO ORDERED. Frederick P. Corbit, U.S. Bankruptcy Judge. TEXT-ONLY ORDER; NO PDF DOCUMENT WILL BE ISSUED. RECEIPT Number 277E1R2G, Fee Amount $200.00 (RE: #12). (TLJ)
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| Filing 16 ANSWER to Involuntary Petition. Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 15 DECLARATION of Gregory R. Fox signed by Gregory R. Fox (RE: Objection#14). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 14 OBJECTION (RE: Stipulation#9). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
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Filing 13
ORDER Uploaded. Filed by Fox, Gregory. (RE: #12 )
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| Filing 12 APPLICATION for Matthew G. Bouslog to Appear Pro Hac Vice. Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC. (Attachments: #1 Proposed Form of Order) (Fox, Gregory) |
| Filing 11 DECLARATION in Support of Motion for Order Approving Stipulation with Receiver for Turnover of Assets signed by Brian Nelson (RE: Stipulation#9, Declaration#10). Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 10 DECLARATION in Support of Motion for Order Approving Stipulation with Receiver for Turnover of Assets signed by James L. Day (RE: Stipulation#9). (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C #4 Exhibit D #5 Exhibit E #6 Exhibit F #7 Exhibit G) Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 9 MOTION to Authorize - Turnover of Assets (Filed as Stipulation and corrected by court). Filed by James L Day on behalf of NB Commons, LLC (Day, James) Modified on 8/28/2023 (TLJ). |
| Filing 8 ACCEPTANCE of Service By Debtor of Summons and Involuntary Petition (RE: Involuntary Petition (Chapter 11)#1). Filed by John D Munding on behalf of Tim Sherer (Munding, John) |
| Filing 7 NOTICE of Appearance. Filed by James B Zack on behalf of Greyhawk SSOF Ruckus Lender, LLC (Zack, James) |
| Filing 6 NOTICE of Appearance. Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) |
| Filing 5 NOTICE of Appearance. Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) |
| Filing 4 NOTICE of Appearance. Filed by Thomas A Buford on behalf of NB Commons, LLC (Buford, Thomas) |
| Filing 3 NOTICE of Appearance. Filed by James L Day on behalf of NB Commons, LLC (Day, James) |
| Filing 2 SUMMONS to Debtor in Involuntary Case Issued. Involuntary Summons Proof of Service due by 9/5/2023. (TLJ) |
| Filing 1 CHAPTER 11 Involuntary Petition Non-Individual. Fee Amount $1738 Re: NB Commons, LLCFiled by Petitioning Creditor(s): Tim Sherer (attorney John D Munding), Dominic Baldini (attorney John D Munding), Wolf Von Falkenburg (attorney John D Munding). (Munding, John) |
| RECEIPT of Involuntary Petition (Chapter 11)(# 23-01053-11) [misc,invol11] (1738.00) Filing Fee. Receipt number A8136759. Fee amount 1738.00 (RE: Involuntary Petition (Chapter 11)#1). (U.S. Treasury) |
| Judge Frederick P. Corbit added to case. (TLJ) |
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