ROCKING M MEDIA, LLC
11
Dale L. Somers
03/26/2022
02/12/2025
Yes
v
| DeBN, JNTADMN, LEAD |
Assigned to: Chief Judge Dale L. Somers Chapter 11 Voluntary Asset |
|
Debtor ROCKING M MEDIA, LLC
1065 S. RANGE Colby, KS 67701 THOMAS-KS Tax ID / EIN: 47-1380260 |
represented by |
Larry A Pittman, II
Sandberg Phoenix 4600 Madison Avenue Suite 1000 Kansas City, MO 64112 816-210-9680 Fax : 816-817-6023 Email: larryapittman@gmail.com Sharon L Stolte
Sandberg Phoenix & von Gontard 4600 Madison Ave. Suite 1000 Kansas City, MO 64112 816-627-5543 Fax : 816-627-5532 Email: sstolte@sandbergphoenix.com |
Trustee Kent L Adams
2861 N Tee Time Ct Wichita, KS 67205 (316) 641-0260 SELF- TERMINATED: 06/08/2022 |
represented by |
Kent L Adams
2861 N Tee Time Ct Wichita, KS 67205 (316) 641-0260 Email: kadams27@cox.net SELF- TERMINATED: 06/08/2022 |
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 |
Richard A Kear
DOJ-Ust 301 N Main St Suite 1150 Wichita, KS 67202 202-573-6945 Email: richard.kear@usdoj.gov John Nemecek
DOJ-Ust 301 North Main Street Ste 1150 Wichita, KS 67202 202-557-5810 Email: john.nemecek@usdoj.gov Jordan M Sickman
DOJ-Ust 301 North Main Suite 1150 Wichita, KS 67202 202-834-0394 Email: jordan.sickman@usdoj.gov |
Creditor Committee Unsecured Creditors' Committee |
represented by |
Daniel B Besikof
Loeb & Loeb 345 Park Avenue New York, NY 10154 212-407-4129 Email: dbesikof@loeb.com Schuyler G Carroll
Manatt, Phelps & Phillips 7 Times Square New York, NY 10036 212-790-4521 Email: scarroll@manatt.com Matthew L Faul
Swanson Bernard, LLC 4600 Madison Avenue, Suite 600 Kansas City, MO 64112 816-410-4600 Fax : 816-591-4468 Email: mfaul@swansonbernard.com |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/12/2025 | 726 | Courtroom Minute Sheet (DLS), Ruling: The Motion to Stay Pending Appeal and Response to the Motion to Pending Appeal and Motion to Compel Release of Earnest Money Deposit from Escrow Agent will not be heard due no Appeal has been filed. Regarding the amended motion to Amend Order: Mr. McMaster: The key is the definition of the word manifest is described as clear, obvious or clearly understood. Allied Medias motion sets out facts when the opposing party does not dispute to any of those facts. All of the facts are uncontroverted and clearly contained in the evidence and the citations to the record and the court has presented no information that those facts were disputed. The opposing party does not dispute the laws set out in that motion or its application. This is a dispute over whether $300,000.00 was part of the bankruptcy estate. This is not an objection to the claim. The opposing party appeared in court with the burden of proof that they could transfer the assets as part of the purchase sale agreement or that Allied Media partners breached the contract. Rocking M Media, LLC signed a purchase sale agreement knowing there was much more secure debt in the purchase price. After the PSA was signed it is undisputed that Rocking M Media, LLC admittedly had no intention of showing it could sell the assets free and clear before closing. What they intended to do was have a closing and attempt to cram down secured creditors and negotiate a higher purchase price which was not called for in the purchase sale agreement. Its undisputed that Attorney Enlay was responsible for all the FCC work. Its further undisputed the party agreed of a no change extension for the purchase sale agreement. Then an amended purchase sale agreement was prepared which is contrary to the agreed 30 day extension. The Rocking M Media, LLC and the Creditors Committee did not assert that Allied Media breached the PSA by not closing before the FCC approval expired. In conclusion, it is clear that Rocking M Media, LLC, instead of following the PSA, wanted to do something completely different that was allowed by the contract. We ask that our motion be granted and if our motion is not granted we should be entitled to reopen our case and/or a new trial so we can resubmit the court created issues. Mr. Caroll: The items that Mr. McMaster did not object to in trial and there was never an objection to any of the evidence. Regarding the motion Mr. McMaster is asking you to change the courts decision. There is no manifest error or anything new. Their motion should be denied. Court will take matters under advisement. (RE: related document(s)722 Amend Order filed by Creditor Allied Media Partners, LLC, 725 Objection filed by Liquidator Peter Hurwitz) (kjd) (Entered: 02/14/2025) |
| 02/06/2025 | Hearing Set (RE: related document(s)722 Amend Order filed by Creditor Allied Media Partners, LLC, 725 Objection filed by Liquidator Peter Hurwitz) Hearing to be held on 2/12/2025 at 10:30 AM Kansas City Courtroom 144 for 725 and for 722, (kns) (Entered: 02/06/2025) | |
| 02/05/2025 | 725 | Objection to (related document(s): 722 Amended Motion to Amend Order (related document(s): 683 Decision and Order, 684 Opinion, 691 Judgment) filed by Creditor Allied Media Partners, LLC) Filed by Liquidator Peter Hurwitz (Carroll, Schuyler) (Entered: 02/05/2025) |
| 01/25/2025 | 724 | BNC Certificate of Mailing - PDF Document. (RE: related document(s)723 Order (Generic)) Notice Date 01/25/2025. (Admin.) (Entered: 01/25/2025) |
| 01/23/2025 | 723 | Order Granting Schuyler G. Carroll Unrestricted Access to Trial Transcripts Signed on 1/23/2025 (Merrick, Cindy) (Entered: 01/23/2025) |
| 01/20/2025 | 722 | Amended Motion to Amend Order (related document(s): 683 Decision and Order, 684 Opinion, 691 Judgment) Filed on behalf of Creditor Allied Media Partners, LLC, with Certificate of Service.(McMaster, Kevin) Email Renotification Sent on 1/24/2025 (tdc). (Entered: 01/20/2025) |
| 01/13/2025 | 721 | ORDER CONTINUING HEARING. So ORDERED by s/ Dale L. Somers. (related documents 694 Motion To Stay Pending Appeal, 707 Response, 710 Motion to Compel) Hearing to be held on 2/12/2025 at 10:30 AM Kansas City Courtroom 144 for 710 and for 694 and for 707, (ksf) THE MOVING PARTY IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE AND FILE A CERTIFICATE OF SERVICE WITH THE COURT. (When filing a certificate of service for this order, relate it back to the epo category.) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 01/13/2025) |
| 01/08/2025 | 720 | Courtroom Minute Sheet (DLS) Notes/Ruling: 693 and 696: Court will grant motion with one request, Mr. McMasters needs to cite to the record support for everything stated in the motion/amended motion to amend order, now has transcript, will have 14 days (until January 22, 2025) to file amendment and to cite to the record support for the desired amendment. Mr. Carroll will have until February 5, 2025 to file response. Hearing continued to February 12, 2025 at 10:30 a.m.**time of hearing was changed from 10am to 10:30 a.m. by the court** 694: Argument by Mr. McMasters. Mr. McMasters is to provide information to the court and Mr. Carroll if the funds are in an interest bearing account and what the interest rate is by Friday 01/10. Argument by Mr. Carroll. Additional argument by Mr. McMasters. Additional argument by Mr. Carroll. The Court states that if stay pending appeal is granted, there will be an appeal bond set for an amount to cover attorney fees and presumptive interest rate of 7.38% at the current time. The Court wants to get this motion decided as quickly as possible and may schedule an interim hearing before the 12th of February. Mr. Carroll requests a copy of the transcript as the Trust does not have funds to purchase it. The Court will check in to this issue (RE: related document(s)693 Amend Order filed by Creditor Allied Media Partners, LLC, 694 Motion To Stay Pending Appeal filed by Creditor Allied Media Partners, LLC, 696 Amended Motion filed by Creditor Allied Media Partners, LLC, 705 Response filed by Liquidator Peter Hurwitz, 706 Response filed by Liquidator Peter Hurwitz, 707 Response filed by Liquidator Peter Hurwitz, 710 Motion to Compel filed by Liquidator Peter Hurwitz) (ksf) (Entered: 01/13/2025) |
| 12/18/2024 | 719 | Certificate of Service (related document(s): 712 Order to Continue Hearing - Text Order, 716 Order to Continue Hearing - Text Order, 718 Generic Text Order) Filed by Liquidator Peter Hurwitz (RE: related document(s) 712 Order to Continue Hearing - Text Order, 716 Order to Continue Hearing - Text Order, 718 Generic Text Order). (Carroll, Schuyler) (Entered: 12/18/2024) |
| 12/17/2024 | Hearing Set (RE: related document(s)381 Objection to Claim filed by Debtor ROCKING M MEDIA, LLC, 410 Response filed by Creditor Allied Media Partners, LLC) Hearing to be held on 1/8/2025 at 10:45 AM Kansas City Courtroom 144 for 410 and for 381, (ksf) (Entered: 12/17/2024) |