21st Mortgage Corporation v. Fluharty et al
Appellant: 21st Mortgage Corporation
Interested Party: Pendleton Community Bank
Appellee: Thomas H. Fluharty
Debtor: Trinity Homes, LLC
Case Number: 1:2020cv00138
Filed: July 15, 2020
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Irene M Keeley
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28:0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2020 Filing 7 TRANSCRIPT of Proceedings held on 6/30/2020, before Judge David L. Bissett. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days. Redaction Request due 10/1/2020. Redacted Transcript Deadline set for 10/13/2020. Release of Transcript Restriction set for 12/9/2020. (wrr)
August 13, 2020 Filing 6 CONTINUATION OF #3 , #4 , and #5 CERTIFICATE of Designated Record on Appeal re: #1 Bankruptcy Appeal (3 of 3). (Attachments: #1 Item No. 35 - Amended Proposed Order RE: Motion for Relief From Stay Filed by Josef A Horter on Behalf of 21st Mortgage Corporation (94), #2 Item No. 36 - Amended Objection to Motion for Relief From Stay by Josef A Horter on Behalf of 21st Mortgage Corporation (95), #3 Item No. 37 - Notice of Amended Motion for Relief from Stay Filed by Josef A Horter on Behalf of 21st Mortgage Corporation (100), #4 Item No. 38 - Order Granting Motion to Sell Property Free & Clear (104), #5 Item No. 39 - Motion to Compromise Claims of 21st Mortgage Corporation Secured by Real Estate (118), #6 Item No. 40 - Motion to Expedite Hearing on Motion to Compromise Claims of 21st Mortgage Corporation Secured by Real Estate (119), #7 Item No. 41 - Order Granting Motion to Expedite Hearing on Motion to Compromise Claims (123), #8 Item No. 42 - Motion to Amend Order Granting Motion to Sell Property Free & Clear (144), #9 Item No. 43 - Order Denying as Moot Motion for Relief from Stay & Amended Motion (145), #10 Item No. 44 - Amended Order on Motion to Sell Property Free and Clear of Liens (146), #11 Item No. 45 - Proposed Order Motion to Compromise Claims of 21st Mortgage Corporation (158), #12 Item No. 46 - Order Approving Motion to Compromise Claims of 21st Mortgage Corporation (159), #13 Item No. 47 - Notice of Appearance and Request for Notice Filed by Elizabeth Ann Amandus on Behalf of Pendelton County Bank (165), #14 Item No. 48 - Amended Notice of Appearance and Request for Notice Filed by Elizabeth Ann Amandus on Behalf of Pendleton County Bank (166), #15 Item No. 49 - Proposed Order Re: Motion for Entry of an Order to Permit Filing a Proof of Claim After the Bar Date (170), #16 Item No. 50 - Notice of Motion for Entry of an Order to Permit Filing a Proof of Claim After the Bar Date (171), #17 Item No. 51 - Motion to Expedite Hearing on Motion to Compromise Controversy (183), #18 Item No. 52 - Order Granting Motion to Expedite Hearing on Motion to Compromise Controversy (184), Item No. 53 (No document attached) - Transcript of Hearing Held 6/30/2020: AWAITING TRANSCRIPT FROM TRANSCRIPTIONIST; RECORDING PROVIDED on 8/12/2020; #19 Item No. 54 - Appellee Designation of Contents for Inclusion in Record of Appeal Filed by Pendleton Community Bank (217), #20 Item No. 55 - Adversary case 1:20-ap-00006. Complaint by Thomas H. Fluharty, Trustee Against Endeavor Investments (1), #21 Item No. 56 - Proposed Order RE: Complaint (6), #22 Item No. 57 - Agreed Order RE: Complaint (7), #23 Public Docket Sheet of Adversary Proceeding 1:20ap-00006)(wrr)
August 13, 2020 Filing 5 CONTINUATION OF #3 and #4 CERTIFICATE of Designated Record on Appeal re: #1 Bankruptcy Appeal (2 of 3). (Attachments: #1 Item No. 33 - Objection to Motion for Relief from Stay Filed by Josef A Horter on Behalf of 21st Mortgage Corporation (90), #2 Item No. 34 - Amended Motion for Relief from Stay Filed by Josef A Horter on Behalf of 21st Mortgage Corporation)(wrr)
August 13, 2020 Filing 4 CONTINUATION OF #3 CERTIFICATE of Designated Record on Appeal re: #1 Bankruptcy Appeal (1 of 3). (Attachments: #1 Transmittal of Record on Appeal, #2 Item No. 19 - Trustee's Notice of Assets & Request for Notice to Creditors with Request to Issue Claims Notice (4), #3 Item No. 20 - Notice to Creditors to File Proofs of Claim Within 92 Days from the Date of Issurance of This Notice (7), #4 Item No. 21 - 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, Schedule H: Non-Individual-Codebtors, Statement of Financial Affairs for Non-Individual, Summary of Schedules: Assets and Liabilities for Non-Individual, Declaration (16), #5 Item No. 22 - Amended Schedules (20), #6 Item No. 23 - Order Amending Schedules (20), #7 Item No. 24 - Certificate of Service Filed by Joe M. Supple on Behalf of Trinity Homes LLC (21), #8 Item No. 25 - Order Granting Application to Employ Counsel for Trustee (24), #9 Item No. 26 - Adversary case 1:20-ap-00006. Complaint by Thomas H. Fluhartry, Trustee Against Endeavor Investments, LLC (30), #10 Item No. 27 - Application to Employ Joe R. Pyle Auction & Realty Services as Realtor for Trustee (54), #11 Item No. 28 - Motion to Sell 5 acres, 644 Andell Road, Elk District, Harrison County, Bridgeport, WV 26330 Free and Clear (55), #12 Item No. 29 - Notice RE: Application to Employ Joe R. Pyle Auction & Realty Services as Realtor (58), #13 Item No. 30 - Notice RE: Motion to Sell 5 acres, 644 Andell Road, Elk District, Harrison County, Bridgeport, WV 26330 Free and Clear (59), #14 Item No. 31 - Motion for Relief from Stay Filed by Josef A Horter on Behalf of 21st Mortgage Corporation (88), #15 Item No. 32 - Proposed Order RE: Motion for Relief From Stay Filed by Josef A Horter on Behalf of 21st Mortgage Corporation (89))(wrr)
August 7, 2020 Filing 3 Certificate of Designated Record on Appeal re #1 Bankruptcy Appeal. (Attachments: #1 Transmittal of Record on Appeal, #2 Item No. 1 Motion to Compromise Claim of Pendleton Community Bank and Authorize Payment (Doc. No. 182), #3 Item No. 2 Objection by 21st Mortgage Corporation to Motion to Compromise Claim of Pendleton Community Bank and Authorize Payment (Doc. No. 188), #4 Item No. 3 Response to Objection by 21st Mortgage Corporation to Motion to Compromise Claim of Pendleton Community Bank and Authorize Payment (Doc. No. 190), #5 Item No. 4 Amended Objection by 21st Mortgage Corporation to Motion to Compromise Claim of Pendleton Community Bank and Authorize Payment (Doc. No. 191), #6 Item No. 5 Order Authorizing Motion to Compromise Claim of Pendleton Community Bank and Authorize Payment (Doc. No. 193), #7 Item No. 6 Memorandum Opinion (Doc. No. 206), #8 Item No. 7 Chapter 7 Voluntary Petition of Non-Individuals (1), #9 Item No. 8 Meeting of Creditors and Notice of Appointment of Interim Trustee Fluharty (3), #10 Item No. 9 Claim No. 54 Pendleton Community Bank, #11 Item No. 10 Motion for Entry of an Order to Permit Filing a Proof of Claim After the Bar Date (169), #12 Item No. 11 Order Granting Motion to Allow Pendleton Community Bank to File a Proof of Claim After the Bar Date (196), #13 Item No. 12 Notice of Appeal (199), #14 Item No. 13 Transmittal of Notice of Appeal to U.S. District Court (200), #15 Item No. 14 Clerk's Service of Notice of Appeal, and Notice of Deadlines to Designate the Record and Provide Statement of Issues (202), #16 Item No. 15 Notice of Docketing Record on Appeal to District Court (204), #17 Item No. 16 Appellant Designation of Contents for Inclusion in Record on Appeal and Statement of Issues (209), #18 Item No. 17 Appellee Designation (213), #19 Item No. 18 Public Docket Sheet)(wrr)
July 15, 2020 Filing 2 NOTICE re #1 Bankruptcy Appeal. (jmm)
July 15, 2020 Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 1:19-bk-01035., filed by 21st Mortgage Corporation. (Attachments: #1 Attachment, #2 Tansmittal)(jmm)

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Appellant: 21st Mortgage Corporation
Represented By: Josef A. Horter
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Interested party: Pendleton Community Bank
Represented By: Elizabeth A. Amandus
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Appellee: Thomas H. Fluharty
Represented By: Thomas H. Fluharty
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Debtor: Trinity Homes, LLC
Represented By: Joe Mark Supple
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