Sunshine Home Health Care, Inc.
11
Robert D. Berger
05/05/2017
10/05/2018
Yes
v
| PlnDue, DsclsDue |
Assigned to: Judge Robert D. Berger Chapter 11 Voluntary Asset |
|
Debtor Sunshine Home Health Care, Inc.
14610 Parallel Road Basehor, KS 66007 LEAVENWORTH-KS Tax ID / EIN: 48-1182998 |
represented by |
Colin N. Gotham
Evans & Mullinix, P.A. 7225 Renner Road, Suite 200 Shawnee, KS 66217 (913) 962-8700 Fax : (913) 962-8701 Email: Cgotham@emlawkc.com |
U.S. Trustee U.S. Trustee
Office of the United States Trustee 301 North Main Suite 1150 Wichita, KS 67202 (316) 269-6637 |
represented by |
Ronald E Andazola
Department of Justice Office of U.S. Trustee 421 Gold SW - Room 112 PO Box 608 Albuquerque, NM 87102 505-248-6549 Email: ronald.andazola@usdoj.gov Alice N Page
Office of the U.S. Trustee 421 Gold St SW Albuquerque, NM 87102 505-248-6550 Email: alice.n.page@usdoj.gov Jordan M Sickman
Office of U.S. Trustee 301 North Main-Ste. 1150 Wichita, KS 67202 (316) 269-6176 Fax : (316) 269-6182 Email: ustpregion20.wi.ecf@usdoj.gov |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/13/2017 | 72 | Certificate of Service (related document(s): 61 Motion to Sell Substantially All Assets of the Debtor, Sale Number:.. filed by Debtor Sunshine Home Health Care, Inc.) Filed by Debtor Sunshine Home Health Care, Inc. (RE: related document(s) 61 Motion to Sell Substantially All Assets of the Debtor, Sale Number:.. ). (Gotham, Colin) (Entered: 09/13/2017) |
| 09/12/2017 | 71 | Order Granting Motion To Sell (Related Doc # 61) Signed on 9/12/2017. (ktb) (Entered: 09/13/2017) |
| 09/08/2017 | 70 | Courtroom Minute Sheet (RDB) Notes/Ruling: Proposed buyer Bentley Enterprises LLC has offered $82,000.00. Appl Orchard Inc has made offer of $100.000.00. Bentley Enterprises does not want to increase original offer. Not selling accounts receivables, this is property of the debtor up to the point transfer is made. Same terms and conditions of APA but simplified, no material changes. IRS has no opposition to the sale provided the order reflect liens attach to the proceeds of the sale. UST does not object to sale, buyer must go through regulatory approval process for change of ownership. The property where the debtor is located is owned by Vanessa Trobough's father. He is concerned about language in APA about fixtures built into structure, debtor is not attempting to sell these items. Comments from Shelly Bentley. Comments from Vanessa Trobough. Court will approve the sale to Appl Orchard Inc.. They are a good faith buyer purchasing the assets, sound business reasons to sell. Lien of IRS will attach to proceeds from the sale as required under Section 363; accounts receivables in the future will not be encumbered by IRS tax lien. IRS consents as lien holder under Section 363(f). Debtor has met the requirements of Section 363(b), good faith purchaser under Section 363(m). Sale shall proceed as soon as possible. Court will waive the 14 day stay under 6004(h).Comments from Richard Lucero. At issue is $20,000.00 loan from Morning Star Property to debtor before the case was filed. Listed as creditor, receiving substantial payments from the debtor for rent. The Court finds the sale should be approved under Section 363. Mr. Gotham states Vanessa Trobough and Tad Layton are authorized to execute all documents to effectuate the sale of the assets. Comments from Vanessa Trobough regarding signing documents; concerned about trust fund tax liability assessment. IRS has no position on this issue. The Court directs the appropriate officers and directors sign the documents to effectuate the sale, so in the future this will not be used as one of the elements under the trust fund doctrine to impose liability on her. Mr. Gotham to include this directive in the order approving sale. (RE: related document(s) 61 Motion to Sell filed by Debtor Sunshine Home Health Care, Inc.) Order due by 9/22/2017. (ksf) (Entered: 09/11/2017) |
| 09/07/2017 | 69 | Support Brief, with Certificate of Service. Filed by Debtor Sunshine Home Health Care, Inc. (RE: related document(s) 61 Motion to Sell Substantially All Assets of the Debtor, Sale Number:.. ). (Gotham, Colin) (Entered: 09/07/2017) |
| 09/03/2017 | 68 | BNC Certificate of Mailing - PDF Document. (RE: related document(s) 66 Order on Motion to Expedite Hearing) Notice Date 09/03/2017. (Admin.) (Entered: 09/04/2017) |
| 09/01/2017 | 67 | Certificate of Service (related document(s): 61 Motion to Sell Substantially All Assets of the Debtor, Sale Number:.. filed by Debtor Sunshine Home Health Care, Inc., 66 Order on Motion to Expedite Hearing) Filed by Debtor Sunshine Home Health Care, Inc. (RE: related document(s) 61 Motion to Sell Substantially All Assets of the Debtor, Sale Number:.. , 66 Order on Motion to Expedite Hearing). (Attachments: # 1 Creditor Matrix) (Gotham, Colin) (Entered: 09/01/2017) |
| 09/01/2017 | Hearing Set (RE: related document(s) 61 Motion to Sell filed by Debtor Sunshine Home Health Care, Inc.) Hearing to be held on 9/8/2017 at 10:30 AM KC Room 151 for 61, (kjc) (Entered: 09/01/2017) | |
| 09/01/2017 | 66 | Order Granting Motion Expedite Hearing (Related Doc # 65) Signed on 9/1/2017. (kjc) (Entered: 09/01/2017) |
| 09/01/2017 | 65 | Motion to Expedite Hearing (related documents 61 Motion to Sell) Filed on behalf of Debtor Sunshine Home Health Care, Inc., with Certificate of Service.(Gotham, Colin) (Entered: 09/01/2017) |
| 08/30/2017 | 64 | BNC Certificate of Mailing. (RE: related document(s) 63 Order to Correct Defective Pleading(s)) Notice Date 08/30/2017. (Admin.) (Entered: 08/30/2017) |