S K Transport Inc.
| S K Transport Inc. |
| United States Trustee |
| Robert L. Nistendirk |
| 3:2021bk30262 |
| November 3, 2021 |
| U.S. Bankruptcy Court for the Southern District of West Virginia |
| B McKay Mignault |
| Other |
Docket Report
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This docket was last retrieved on December 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 84 PROPOSED ORDER submitted by Debtor S K Transport Inc. Re:#82 Amended Application. (Caldwell, Joseph) |
| Filing 83 Affidavit of Debtor S K Transport Inc. Re: #82 Amended Application filed by Debtor S K Transport Inc. Affidavit of Disinterest of Joseph W. Caldwell. (Caldwell, Joseph) |
| Filing 82 Amended Application by Debtor S K Transport Inc. Re: #6 Application to Employ Debtor's Amended Application To Employ Counsel and with Certificate of Service.. (Caldwell, Joseph) |
| Filing 81 Amended Voluntary Petition filed by Debtor S K Transport Inc.. Clarify Counsel. (Balenovich, John) |
| Filing 80 Amended Schedules/Statements filed: Schedule AB, Schedule D, Schedule EF, Schedule G, Schedule H, Summary of Schedules and Statistical Summary, Declaration Concerning Debtors Schedules, Statement of Financial Affairs, Disclosure of Attorney Compensation, (Balenovich, John) |
| Filing 79 Amended Schedules/Statements filed: Schedule AB, Schedule D, Schedule EF, Schedule G, Schedule H, Summary of Schedules and Statistical Summary, Declaration Concerning Debtors Schedules, Statement of Financial Affairs, Disclosure of Attorney Compensation, (Balenovich, John) Modified on 12/30/2021 (mfj). |
| Filing 78 Memorandum by Debtor S K Transport Inc. in Support of #72 Briefing Order Memorandum To Extension Of Co-Debtor Stay And Preliminary Injunction with Certificate of Service (Attachments: #1 Exhibit 1 #2 Exhibit 2) (Caldwell, Joseph) |
| Receipt of Amended Schedules/Statements(# 3:21-bk-30262) [misc,amdsched] ( 32.00). Receipt Number A3805597, Amount $ 32.00. (U.S. Treasury) |
| Filing 77 BNC Certificate of Mailing - PDF Document. Related Document: #74 Order on Application to Employ. Notice Date 12/24/2021. (Admin.) |
| Filing 76 BNC Certificate of Mailing - PDF Document. Related Document: #73 Order on Motion for Miscellaneous Relief. Notice Date 12/24/2021. (Admin.) |
| Filing 75 BNC Certificate of Mailing - PDF Document. Related Document: #72 Briefing Order. Notice Date 12/23/2021. (Admin.) |
Filing 74
Order Denying #18 Debtor's Application to Employ Counsel . Transmitted to BNC with Instructions for Mailing. (mfj)
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| Filing 73 Interim Order Granting #52 Debtor's and Fleetone Factoring, LLC's Joint Emergency Motion for an Interim Order to (1) Obtain Post-Petition Financing Pursuant to Accounts Purchase Agreement and to Incur Debt Secured by a Lien on Debtor's Assets; (2) Use Cash Collateral and to Provide Adequate Protection; and (3) Annul the Automatic Stay . Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 68 PROPOSED AGREED ORDER submitted by Interested Party Fleetone Factoring, LLC, Debtor S K Transport Inc. Re:#52 Motion for Miscellaneous Relief, #53 Proposed Agreed Order. (Cline, Whytni) |
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Filing 72
Order Scheduling Briefing; Directing parties to file briefs Re: #28,#30,#32,#34 Motion to Extend the Automatic Stay to certain non-debtors and Setting IN-PERSON hearing. Debtor must file an Initial Brief in Support of its Motion on or before Thursday, December 30, 2021. Any interested party may file a response brief on or before Thursday, January 13, 2022; the Debtor may file a Reply Brief on or before January 20, 2022. IN-PERSON Hearing Scheduled on 2/15/2022 at 11:00 AM at Bankruptcy Courtroom, Room 6200 Charleston. Transmitted to BNC with Instructions for Mailing. (mfj)
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| Filing 66 BNC Certificate of Mailing - Hearing. Related Document: #62 Notice of Hearing on Document. Notice Date 12/16/2021. (Admin.) |
| Filing 65 BNC Certificate of Mailing - Hearing. Related Document: #61 Notice of Hearing on Document. Notice Date 12/16/2021. (Admin.) |
| Filing 64 BNC Certificate of Mailing. Related Document: #60 Notice of Deficient Filing. Notice Date 12/16/2021. (Admin.) |
| Filing 71 Hearing held; Court Requires amended petitions and schedules be submitted that separate out the signatures of Mr. Balenovich and Mr. Caldwell and indicates correctly that each attorney is a member of different firms. Require separate Applications to employ each attorney/firm. Require fee applications separately for each firm/attorney. Needs to be submitted on or before 12/29/2021. If not received the Clerk's office will reset the matter for hearing. To have the debtor pay any post petition payments counsel will need approval from the Court. Related Document: #40 Schedules/Statements filed: Summary of Schedules and Statistical Summary, Schedule AB, Schedule D, Schedule EF, Schedule G, Schedule H, Statement of Financial Affairs, Disclosure of Attorney Compensation, Creditor Matrix, Verification of Creditor Matrix, Equity Security Holders. (mfj) |
| Filing 70 Hearing held; Court Grants Relief. Requires amendments to the PO. Paragraph 22 (service requirement needs modified to include entire matrix) and in PO parties remove all nunc pro tunc language (the 'retroactive' language is permitted). Once certificate of service is filed the Court will set an objection deadline, a response deadline, and will set the matter for a final hearing to follow up from the interim order. Counsel to submit modifications on or before 12/22/2021. Related Document: #52 Debtor's and Fleetone Factoring, LLC's Joint Emergency Motion for an Interim Order to (1) Obtain Post-Petition Financing Pursuant to Accounts Purchase Agreement and to Incur Debt Secured by a Lien on Debtor's Assets; (2) Use Cash Collateral and to Provide Adequate Protection; and (3) Annul the Automatic Stay. (mfj) |
| Filing 69 Hearing held; No ruling. SubChapter V Conference Hearing. Related Document: #1 Voluntary Petition (Chapter 11) filed by Debtor S K Transport Inc., #5 Notice of Small Business, Subchapter V Status Conference. (mfj) |
| Filing 67 PDF with Attached Audio File. Court Date & Time [12/15/2021 1:30 PM] Run Time [00:44:11] File Size [41414KB] |
| Creditor(s) added by Wilmore, Brenda B.. (admin) |
| Filing 63 Report Re: Subchapter V Status Report Filed by Debtor S K Transport Inc. with Certificate of Service. (Balenovich, John) |
| Filing 62 Notice of Hearing Scheduled for 1/28/2022 at 11:00 AM at Telephone Conference (Mignault). Related Document: #47 Application filed by Debtor S K Transport Inc. to Employ Manager. Transmitted to BNC with Instructions for Mailing. (ljg) |
| Filing 61 Notice of Hearing Scheduled for 12/15/2021 at 01:30 PM at Telephone Conference (Mignault). Related Document: #39 Amended Voluntary Petition filed by Debtor S K Transport Inc., #40 Schedules/Statements filed by Debtor S K Transport Inc.. Transmitted to BNC with Instructions for Mailing. (ljg) |
| Filing 60 Notice of Deficient Filing. Document is deficient because Debtor has not filed the Subchapter V status report, as required by 11 USC Section 1188 and pursuant to the Notice of Status Hearing. Debtor's Counsel needs to correct deficiency by filing Subchapter V status report. Related Document: #1 Voluntary Petition (Chapter 11) filed by Debtor S K Transport Inc.. Transmitted to BNC with Instructions for Mailing. (ljg) |
| Filing 59 BNC Certificate of Mailing - PDF Document. Related Document: #51 Order on Application to Employ. Notice Date 12/11/2021. (Admin.) |
| Filing 58 BNC Certificate of Mailing - Hearing. Related Document: #55 Notice of Hearing on Document. Notice Date 12/11/2021. (Admin.) |
| Filing 57 BNC Certificate of Mailing. Related Document: #50 Notice of Motion/Application to Employ Professional. Notice Date 12/11/2021. (Admin.) |
| Filing 56 Hearing held; The Court will issue a briefing order with a briefing schedule. It will contain a 21 day deadline (starts running today) for opening brief with legal authority from the debtor. There will be a 14 day response time for legal briefing from creditors or opposing parties, and then 7 day reply time for the debtor. At that time the Court will set an evidentiary hearing. The parties are instructed to treat all four motions in one brief because they are so similar . Court law clerk to issue the order briefing schedule. Additionally, if the parties want to file a response to the motions as well it will be permitted but it is up to them if they want to file both documents. Related Document: #28,#30,#32,#34 Motion to Extend Automatic Stay filed by Debtor S K Transport Inc.. (mfj) |
| Filing 55 Notice of Hearing Scheduled for 12/15/2021 at 01:30 PM at Telephone Conference (Mignault). Related Document: #52 Debtor's and Fleetone Factoring, LLC's Joint Emergency Motion for an Interim Order to (1) Obtain Post-Petition Financing Pursuant to Accounts Purchase Agreement and to Incur Debt Secured by a Lien on Debtor's Assets; (2) Use Cash Collateral and to Provide Adequate Protection; and (3) Annul the Automatic Stay. Transmitted to BNC with Instructions for Mailing. (mfj) Modified on 12/9/2021 (mfj). |
| Filing 54 Notice of Appearance and Request for Service filed by Carrie Goodwin Fenwick, Counsel for Velocity Capital Group, LLC with Certificate of Service. (Fenwick, Carrie) |
| Filing 53 PROPOSED AGREED ORDER submitted by Debtor S K Transport Inc. Re:#52 Motion for Miscellaneous Relief. This Agreed Order REQUESTS AN EXPEDITED HEARING. (Balenovich, John) |
| Filing 52 Debtor's and Fleetone Factoring, LLC's Joint Emergency Motion for an Interim Order to (1) Obtain Post-Petition Financing Pursuant to Accounts Purchase Agreement and to Incur Debt Secured by a Lien on Debtor's Assets; (2) Use Cash Collateral and to Provide Adequate Protection; and (3) Annul the Automatic Stay and with Certificate of Service.. (Attachments: #1 Exhibit Notice of Assignment of Accounts Receivable) (Balenovich, John) Modified on 12/9/2021 (mfj). |
| Filing 50 Court's Notice of Motion/Application to Employ Professional. Objection Deadline: 12/30/2021. Related Document #47 Application to Employ. Transmitted to BNC with Instructions for Mailing. (admin) |
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Filing 51
Order Approving #6 Application to Employ Michelle Steele as Accountant for the Debtor . Transmitted to BNC with Instructions for Mailing. (mfj)
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| Filing 49 PROPOSED ORDER submitted by Debtor S K Transport Inc. Re:#47 Application to Employ. (Caldwell, Joseph) |
| Filing 48 Affidavit of Debtor S K Transport Inc. Re: #47 Application to Employ filed by Debtor S K Transport Inc. Affidavit of Disinterest of Matthew McClure. (Caldwell, Joseph) |
| Filing 47 Application by Debtor S K Transport Inc. to Employ Matthew McClure as Manager with Certificate of Service. (Caldwell, Joseph) |
| Filing 46 CORRECTED IMAGE ( image includes Counsel's signature) Re: #34 Motion to Extend Automatic Stay. Documents Included: Memorandum In Support Of Motion To Extend Automatic Stay with Certificate of Service. (Caldwell, Joseph) Modified text on 12/8/2021. (mfj) |
| Filing 45 SEE CORRECTED IMAGE #46. Memorandum by Debtor S K Transport Inc. in Support of #34 Motion to Extend Automatic Stay filed by Debtor S K Transport Inc. with Certificate of Service (Caldwell, Joseph) Modified text on 12/7/2021. (mfj) |
| Filing 44 BNC Certificate of Mailing - Hearing. Related Document: #42 Notice of Hearing on Document. Notice Date 12/03/2021. (Admin.) |
| Filing 43 Statement of Visiting Attorney for Fleetone Factoring, LLC. Visiting Attorney Howard M. Levine. Sponsoring Attorney Whytni M. Cline. (ljg) |
| Filing 42 Notice of Hearing RESCHEDULED from 12/10/2021 to 12/9/2021 at 01:30 PM at Telephone Conference (Mignault). Related Document: #28 Motions to Extend Stay to Shannon Del Harris, individually, on all debts upon which Shannon Del Harris guaranteed obligations of Velocity Capital Group, LLC#30 Motion to Extend Stay to Shannon Del Harris, individually, on all debts upon which Shannon Del Harris guaranteed obligations of Kalamata Capital Group, LLC.#32 Motion to Extend Stay to Matthew David McClure, individually, on all debts upon which Matthew David McClure guaranteed obligations of Kalamata Capital Group, LLC.#34 Motion to Extend Stay to Matthew David McClure, individually, on all debts upon which Matthew David McClure guaranteed obligations of Velocity Capital Group, LLC.. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 41 BNC Certificate of Mailing - Hearing. Related Document: #38 Notice of Hearing on Document. Notice Date 11/24/2021. (Admin.) |
| Creditor(s) added by Balenovich, John J.. (admin) |
| Filing 40 Schedules/Statements filed: Summary of Schedules and Statistical Summary, Schedule AB, Schedule D, Schedule EF, Schedule G, Schedule H, Statement of Financial Affairs, Disclosure of Attorney Compensation, Creditor Matrix, Verification of Creditor Matrix, Equity Security Holders. (Balenovich, John) Modified text on 11/23/2021. (mfj) |
| Filing 39 Amended Voluntary Petition filed by Debtor S K Transport Inc.. Second Amended Petition. (Balenovich, John) |
| Filing 38 Notice of Hearing Scheduled for 12/10/2021 at 11:00 AM at Telephone Conference (Mignault). Related Document: #28 Motion to Extend Stay to Co-Debtor filed by Debtor S K Transport Inc., #30 Motion to Extend Stay to Co-Debtor filed by Debtor S K Transport Inc., #32 Motion to Extend Stay to Co-Debtor filed by Debtor S K Transport Inc., #34 Motion to Extend Stay to Co-Debtor filed by Debtor S K Transport Inc.. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 37 Notice of Deficient Filing. Document is deficient because Motion was filed in the incorrect case. Joseph Caldwell needs to correct deficiency by filing Motion in the correct case. Related Document: #27 MOTION TO AMEND ORDER filed by Debtor S K Transport Inc.. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 36 BNC Certificate of Mailing - PDF Document. Related Document: #26 Chapter 11 Operating Order. Notice Date 11/19/2021. (Admin.) |
| Filing 35 PROPOSED ORDER submitted by Debtor S K Transport Inc. Re:#34 Motion to Extend Automatic Stay. (Caldwell, Joseph) |
| Filing 34 Motion by Debtor S K Transport Inc. to Extend Automatic Stay to Co-Debtor. (Caldwell, Joseph) Modified on 11/22/2021 (mfj). |
| Filing 33 PROPOSED ORDER submitted by Debtor S K Transport Inc. Re:#32 Motion to Extend Automatic Stay. (Caldwell, Joseph) |
| Filing 32 Motion by Debtor S K Transport Inc. to Extend Automatic Stay to Co-Debtor. (Caldwell, Joseph) Modified text on 11/22/2021. (mfj) |
| Filing 31 PROPOSED ORDER submitted by Debtor S K Transport Inc. Re:#30 Motion to Extend Automatic Stay. (Caldwell, Joseph) |
| Filing 30 Motion by Debtor S K Transport Inc. to Extend Automatic Stay Co-Debtor. (Caldwell, Joseph) Modified text on 11/22/2021. (mfj) |
| Filing 29 PROPOSED ORDER submitted by Debtor S K Transport Inc. Re:#28 Motion to Extend Automatic Stay. (Caldwell, Joseph) |
| Filing 28 Motion by Debtor S K Transport Inc. to Extend Automatic Stay to Co-Debtor. (Caldwell, Joseph) Modified text on 11/22/2021. (mfj) |
| Filing 27 FILED IN WRONG CASE. MOTION TO AMEND ORDER filed by Debtor S K Transport Inc.. (Caldwell, Joseph) Modified text on 11/22/2021. (mfj) |
| Filing 26 Chapter 11 Operating Order for Subchapter V Chapter 11 Debtor. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 25 BNC Certificate of Mailing. Related Document: #23 Notice of Small Business, Subchapter V Status Conference. Notice Date 11/14/2021. (Admin.) |
| Filing 24 BNC Certificate of Mailing. Related Document: #22 Notice of Motion/Application to Employ Professional. Notice Date 11/14/2021. (Admin.) |
| Creditor(s) added by mnp, . (admin) |
| Filing 23 Notice of Status Conference Rescheduled for 12/15/2021 at 01:30 PM (time change only) at Telephone Conference (Mignault). Related Document: #5 Notice of Small Business, Subchapter V Status Conference. Transmitted to BNC with Instructions for Mailing. (mnp) |
| Filing 22 Court's Notice of Motion/Application to Employ Professional. Objection Deadline: 12/02/2021. Related Document #18 Application to Employ. Transmitted to BNC with Instructions for Mailing. (admin) |
| Filing 21 Affidavit of Debtor S K Transport Inc. Affidavit of John J. Balenovich. (Caldwell, Joseph) |
| Filing 20 Affidavit of Debtor S K Transport Inc. Re: #18 Application to Employ filed by Debtor S K Transport Inc. Affidavit of Joseph W. Caldwell. (Caldwell, Joseph) |
| Filing 19 PROPOSED ORDER submitted by Debtor S K Transport Inc. Re:#18 Application to Employ. (Caldwell, Joseph) |
| Filing 18 Application by Debtor S K Transport Inc. to Employ Joseph W. Caldwell, John J Balenovich and Caldwell & Riffee, PLLC as Counsel with Certificate of Service. (Caldwell, Joseph) |
| Filing 17 Notice of Appointment of Trustee by U.S. Trustee United States Trustee Robert L. Nistendirk Subchapter V Trustee. Robert L. Nistendirk added to the case. (Kinder, Gary) |
| Filing 16 BNC Certificate of Mailing. Related Document: #10 Notice of Motion/Application to Employ Professional. Notice Date 11/07/2021. (Admin.) |
| Filing 15 BNC Certificate of Mailing. Related Document: #5 Notice of Small Business, Subchapter V Status Conference. Notice Date 11/06/2021. (Admin.) |
| Filing 14 BNC Certificate of Mailing. Related Document: #3 Notice of Missing Documents. Notice Date 11/06/2021. (Admin.) |
| Filing 13 BNC Certificate of Mailing. Related Document: #9 Meeting of Creditors Chapter 11. Notice Date 11/06/2021. (Admin.) |
| Filing 12 Adversary case 3:21-ap-03011. Complaint by S K Transport Inc. (Debtor) against Velocity Capital Group, LLC. This Adversary Proceeding is being initiated by a Debtor in Possession acting for the benefit of Bankruptcy Estate and Individual Debtor, Filing Fee Not Required. (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Balenovich, John) |
| Filing 11 Adversary case 3:21-ap-03010. Complaint by S K Transport Inc. (Debtor) against Kalamata Capital Group LLC. This Adversary Proceeding is being initiated by a Debtor in Possession acting for the benefit of Bankruptcy Estate and Individual Debtor, Filing Fee Not Required. (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Balenovich, John) |
| Filing 10 Court's Notice of Motion/Application to Employ Professional. Objection Deadline: 11/26/2021. Related Document #6 Application to Employ. Transmitted to BNC with Instructions for Mailing. (admin) |
| Creditor(s) added by jjr, . (admin) |
| Filing 9 Meeting of Creditors to be held on 12/6/2021 at 10:00 AM at Telephone Conference 866-717-3799 Passcode 2432406#. Dischargeability Complaints Due: 1/3/2022. Proof of Claims Due: 1/12/2022. Transmitted to BNC with Instructions for Mailing. (jjr) |
| Filing 8 PROPOSED ORDER submitted by Debtor S K Transport Inc. Re:#6 Application to Employ. (Caldwell, Joseph) |
| Filing 7 Affidavit of Debtor S K Transport Inc. Re: #6 Application to Employ filed by Debtor S K Transport Inc. Affidavit Of Disinterest Of Accountant For Debtor. (Caldwell, Joseph) |
| Filing 6 Application by Debtor S K Transport Inc. to Employ Michelle Steele as Accountant with Certificate of Service. (Caldwell, Joseph) |
| Filing 5 Notice of Status Conference Scheduled for 12/15/2021 at 10:00 AM at Telephone Conference (Mignault). Related Document: #1 Voluntary Petition (Chapter 11) filed by Debtor S K Transport Inc.. Transmitted to BNC with Instructions for Mailing. (jjr) |
| Filing 3 Notice of Missing Documents. Related Document: #1 Voluntary Petition (Chapter 11) filed by Debtor S K Transport Inc.. Transmitted to BNC with Instructions for Mailing. (jjr) |
| Filing 2 Notice of Appearance and Request for Service filed by Gary O. Kinder, Counsel for United States Trustee. (Kinder, Gary) |
| Filing 1 Chapter 11 Subchapter V Voluntary Petition - all Schedules and Statements: Chapter 11 Plan Due: 02/1/2022. Disclosure Statement Disclosure Statement Due 02/1/2022. Assets: UNKNOWN, Liabilities: UNKNOWN. (Balenovich, John) |
| Receipt of Voluntary Petition (Chapter 11)(# 3:21-bk-30262) [misc,volp11a] (1738.00). Receipt Number A3785846, Amount $1738.00. (U.S. Treasury) |
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