Bambu Vault LLC
7
Elizabeth D. Katz
04/29/2022
07/24/2024
Yes
v
| DebtEd, CounDue, NTCAPR, DEFER, FeeDue |
Assigned to: Judge Elizabeth D. Katz Chapter 7 Voluntary Asset |
|
Debtor Bambu Vault LLC
116 John Street Lowell, MA 01852 Tax ID / EIN: 06-1632301 aka Performance Indicator LLC |
represented by |
Kathleen R. Cruickshank
Murphy & King, P.C. 28 State Street Ste 3101 Boston, MA 02109 617-423-0400 Email: kcruickshank@murphyking.com Harold B. Murphy
Murphy & King, P.C. 28 State Street Ste 3101 Boston, MA 02109 617-423-0400 Email: bankruptcy@murphyking.com |
Assistant U.S. Trustee Richard King
Office of US. Trustee 446 Main Street 14th Floor Worcester, MA 01608 |
| |
Trustee Janice G Marsh
Janice G. Marsh, LLC 210 Park Avenue No. 356 Worcester, MA 01609 978-621-4296 |
represented by |
Robert Girvan
Weiner Law Firm, P.C. 1441 Main Street Suite 610 Springfield, MA 01103 4137326840 Email: rgirvan@weinerlegal.com Janice G. Marsh
Janice G. Marsh, LLC 210 Park Avenue No. 356 Worcester, MA 01609 978-621-4296 Email: JGMarsh@janicegmarshllc.com Gary M. Weiner
Weiner Law Firm, P.C. 1441 Main Street Suite 610 Springfield, MA 01103 (413) 732-6840 Fax : 413-785-5666 Email: GWeiner@Weinerlegal.com |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/01/2022 | 105 | Endorsed Order dated 11/1/2022 Re: 103 Motion filed by Trustee Janice G Marsh to Limit Notice [Re: 102 Motion for Joint Administration]. ALLOWED. (pf) (Entered: 11/01/2022) |
| 11/01/2022 | 104 | Endorsed Order dated 11/1/2022 Re: 100 Motion filed by Trustee Janice G Marsh to Limit Notice [Re: 99 Motion to Sell]. ALLOWED. (pf) (Entered: 11/01/2022) |
| 11/01/2022 | 103 | Motion filed by Trustee Janice G Marsh to Limit Notice [Re: 102 Motion for Joint Administration] with certificate of service. (Girvan, Robert) (Entered: 11/01/2022) |
| 11/01/2022 | 102 | Motion filed by Trustee Janice G Marsh for Entry of Order Directing Joint Administration with Case # 22-40323 and Request for Substantive Consolidation of Chapter 7 Cases. (Girvan, Robert) (Entered: 11/01/2022) |
| 11/01/2022 | 101 | Notice of Intent to Sell PROTEINSIMPLE WESTERN BLOT "JESS" MACHINE. Hearing scheduled for 12/8/2022 at 11:00 AM at Springfield Courtroom - Berkshire. Objections due by 12/1/2022 at 04:00 PM. (Re: 99 Trustee's Motion filed by Janice G Marsh for Order (I) Approving Private Sale of Property of the Estate Under Section 363 (b), (II) Approving Stipulation as to Administrative Rent Claim of LabShares and (III) for Related Relief Re: ProteinSimple Western Blot "Jess" machine. (pf) (Entered: 11/01/2022) |
| 11/01/2022 | 100 | Motion filed by Trustee Janice G Marsh to Limit Notice [Re: 99 Motion to Sell] with certificate of service. (Girvan, Robert) (Entered: 11/01/2022) |
| 11/01/2022 | 99 | Trustee's Motion filed by Janice G Marsh for Order (I) Approving Private Sale of Property of the Estate Under Section 363 (b), (II) Approving Stipulation as to Administrative Rent Claim of LabShares and (III) for Related Relief Re: ProteinSimple Western Blot "Jess" machine. (Attachments: # 1 Exhibit A- Notice of Intended Private Sale # 2 Exhibit B - Stipulation on the Administrative Claim # 3 Exhibit C - Trustee's Bill of Sale) (Girvan, Robert) (Entered: 11/01/2022) |
| 10/28/2022 | 98 | Proceeding Memorandum and Order dated 10/28/2022 Re: 85 Motion filed by Trustee Janice G Marsh to Pay Auctioneer. GRANTED INASMUCH AS THE TRUSTEE IS AUTHORIZED TO PAY THE APPROVED FEES. HOWEVER, PURSUANT TO 11 U.S.C. 726(b), THE FEES MAY BE SUBJECT TO DISGORGEMENT TO THE EXTENT NECESSARY TO INSURE PRO RATA DISTRIBUTION TO SIMILARLY-SITUATED ADMINISTRATIVE CLAIMANTS. (pf) (Entered: 10/28/2022) |
| 10/28/2022 | Hearing Held Re: 85 Motion filed by Trustee Janice G Marsh to Pay Auctioneer. (pf) (Entered: 10/28/2022) | |
| 10/26/2022 | 97 | Order dated 10/26/2022 Re: 21 Motion filed by Creditor AP Boott Mills, LLC to Compel i) Payment of Administrative Rent or, Alternatively, for Allowance and Payment of an Administrative Claims; and ii) Removal of the Hazardous Material. THE MOTION OF AP BOOTT MILLS, LLC TO COMPEL [DOCKET #21] (THE "MOTION") IS GRANTED INASMUCH AS THE COURT RULES THAT THE AMOUNT PREVIOUSLY ORDERED TO BE PAID TO AP BOOTT MILLS, LLC PURSUANT TO 11 U.S.C. 365(d)(3), SEE DOCKET #76, IS NOT SUBJECT TO DISGORGEMENT IN THE EVENT THE ESTATE IS ADMINISTRATIVELY INSOLVENT. THIS COURT AGREES WITH THOSE COURTS THAT HAVE HELD "THAT THE BETTER POSITION, AS ARTICULATED IN [IN RE TELESPHERE COMMC'NS, INC., 148 B.R. 525 (BANKR. N.D. ILL. 1992)], IS THAT § 365(d)(3) REQUIRES IMMEDIATE PAYMENT, EVEN WHERE THE ESTATE IS ADMINISTRATIVELY INSOLVENT." IN RE MCCABE, 212 B.R. 21, 22 (BANKR. D. MASS. 1996). FURTHERMORE, THE AMOUNT TO BE PAID PURSUANT TO 11 U.S.C. 365(d)(3) IS NOT REDUCED OR OFFSET BY THE SECURITY DEPOSIT CURRENTLY HELD BY AP BOOTT MILLS, LLC, AS "[P]RECEDENT UNDER BOTH § 365(d)(3) AND § 553 OVERWHELMINGLY HOLDS THAT PRE-PETITION SECURITY DEPOSITS MAY BE APPLIED AGAINST PRE-PETITION CLAIMS, WHETHER ARREARAGES OR REJECTION DAMAGES," AND NOT AGAINST CLAIMS UNDER 11 U.S.C. 365(d)(3). IN RE LEATHER FACTORY INC., 475 B.R. 710, 718-19 (BANKR. C.D. CAL. 2012). THE COURT NOTES THAT THE CHAPTER 7 TRUSTEE HAS NOT FILED A SUPPLEMENTAL BRIEF AS PERMITTED BY THE COURT'S SEPTEMBER 9, 2022 ORDER [DOCKET #76]. THE HEARING ON THE MOTION SET FOR OCTOBER 28, 2022 IS CANCELED. (pf) (Entered: 10/26/2022) |