Case number: 4:97-bk-50543 - Payless Cashways, Inc. - Missouri Western Bankruptcy Court

Case Information
  • Case title

    Payless Cashways, Inc.

  • Court

    Missouri Western (mowbke)

  • Chapter

    11

  • Judge

    Arthur B. Federman

  • Filed

    07/21/1997

  • Last Filing

    10/31/2000

  • Asset

    Yes

  • Vol

    v

Docket Header
U.S. Bankruptcy Court
Western District of Missouri (Kansas City)
Bankruptcy Petition #: 97-50543-ABF11

Assigned to: Arthur B. Federman
Chapter 11
Voluntary
Asset
Date filed:  07/21/1997
Date terminated:  08/03/1998

Debtor 1

Payless Cashways, Inc.

PO Box 419466
Kansas City, Mo 64141-0466
BUCHANAN-MO
Tax ID / EIN: 42-0945849
dba
Payless Cashways

dba
Furrow

dba
Lumberjack

dba
Hugh M Woods

dba
Somerville Lumber

dba
Knox Lumber


represented by
Kathryn B. Bussing

Husch Blackwell Sanders LLP
PO Box 419777
4801 Main Street, Suite 1000
Kansas City, MO 64141-6777
816-983-8231
Fax : 816-983-8080

Richard D. Feintuch

Wachtell,Lipton,Rosen & Katz
51 West 52nd Street
New York, NY 10019
212-403-1000

Benjamin F. Mann

Husch Blackwell Sanders LLP
4801 Main Street
Suite 1000
Kansas City, MO 64112

Michael M. Tamburini

Levy Craig Law Firm
4520 Main Street
Suite 1600
Kansas City, MO 64111
816-474-8181
Fax : 816-382-6606
Email: mtamburini@levycraig.com

Creditor Committee

Unsecured Creditors' Committee
represented by
James E. Bird

Polsinelli PC
900 W 48th Place
Suite 900
Kansas City, MO 64112
816-753-1000
Fax : 816-753-1536
Email: jbird@polsinelli.com

Ronald R. Peterson

Jenner & Block
One IBM Plaza
Chicago, IL 60611
312-222-9350

Catherine Steege

Jenner & Block
One IBM Plaza
Chicago, IL 60611
312-222-9350

Latest Dockets

Date Filed#Docket Text
10/31/2000Adversary Case [00-4086] Closed. [dy] (Entered: 10/31/2000)
10/31/2000Disposition of Adversary [00-4086] Granting [1-1] Complaint NOS 434 Injunctive Relief [dy] (Entered: 10/31/2000)
10/31/20001842Clerk's Judgment For Plaintiff Payless Cashways, Inc. in 00-04086 Against Defendant Hancock County, Ohio in 00-04086, Defendant Clark County, Ohio in 00-04086, Defendant Clark County, Indiana in 00-04086 It is Ordered and Adjudged: Judgment by default is hereby entered against Defendant, Hancock County, Ohio; and It is Ordered, Adjudged, and Decreed that Defendants, Clark County, Ohio, Clark County, Indiana, and Hancock County, Ohio be forever enjoined from asserting or attempting to collect any claim against or from Payless Cashways, Inc., its subsidiaries or d/b/a's, for any taxes, secured or unsecured, the result of escape or other assessments, in excess of that amount, if any, already paid or to be paid under Payless' Plan pursuant to such Defendant's allowed claim, if any, on account of or related to 1997 and/or earlier tax years as such taxes have already been discharged by operation of Payless' confirmed Plan of Reorganization; and further enjoin such Defendant from representing orally or in writing that such tax is owed, representing on the official books and records of such Defendant that such tax is owed and representing in notices and statements prospectively that such tax is owed; and It is Further, Ordered, Adjudged, and Decreed that Defendant, Clark County, Ohio's counterclaim should be dismissed with prejudice; and It is Further, Ordered, Adjudged, and Decreed that judgment be and is hereby entered against Defendant, Clark County, Indiana in the amount of $27,500.00 with respect to a dispute between Payless Cashways, Inc. and Clark County, Indiana over 1995 to 1998 tax refunds and that Defendant, Clark County, Indiana shall be ordered to provide all necessary lien release documents to First American Company relating to lien claims asserted for unpaid 1997 taxes. [dy] (Entered: 10/31/2000)
10/27/20001841Clerk's Judgment For Plaintiff Payless Cashways, Inc. in 00-04086 Against Defendant Tippacanoe County, Indiana in 00-04086 It is Ordered and adjudged: judgment is entered in favor of Payless Cashways, Inc. Debtor Payless Cashways, Inc's motion for sanctions in the amount of $2,000.00 is denied. Each party to bear its own costs. [dy] (Entered: 10/27/2000)
10/02/20001840Clerk's Judgment For Plaintiff Payless Cashways, Inc. in 00-04086 Against Defendant Hamilton County, Ohio in 00-04086, Defendant Allen County, Ohio in 00-04086, Defendant Madison County, Indiana in 00-04086, Defendant Kern County, California in 00-04086 It is Ordered and adjudged: that Defendants: Kern County, California; Madison County, Indiana; Allen County, Ohio; and Hamilton County, Ohio be forever enjoined from asserting or attempting to collect any claim against or from Payless Cashways Inc., its subsidiaries or d/b/a's, for any taxes, secured or unsecured, the result of escape or other assessments, in excess of that amount, if any, already paid or to be paid under Payless' Plan pursuant to such Defendant's allowed claim, if any, on account of or related to 1997 and/or earlier tax years as such taxes have already been discharged by operation of Payless' confirmed Plan of Reorganization; and further enjoin such Defendants from encumbering or continuing to encumber by lien any real or personal property of Payless, whether presently owned or owned as of July 21, 1997 or continuing to list such tax claim as a tax or judgment lien; and further enjoin such Defendants from asserting or claiming such tax is still owed by Payless to such Defendant; and further enjoin such Defendant from representing Orally or in writing that such tax is owed, representing on the official books and records of such Defendant that such tax is owed and representing in notices and statement propectively that such tax is owed. [dy] (Entered: 10/02/2000)
06/29/2000Complaint [00-4086] Payless Cashways, Inc. vs. Maricopa County, Arizona . NOS 434 Injunctive Relief . Receipt # 35086-SC [cp] (Entered: 06/29/2000)
02/16/20001839Final Order by the US Court of Appeals, Eighth Circuit RE: [1798-1] Order, [1658-1] Order. The United States Court of Appeals for the Eighth Circuit AFFIRMS THE BAP. [cp] (Entered: 02/23/2000)
03/19/19991838Withdrawal By State of Rhode Island & Providence Plantations, Division of Taxation, of Claim. Claim filed against Payless by the Division of Taxation for Corporation Tax has been satisfied in full and is hereby withdrawn. [jrh] (Entered: 03/19/1999)
03/12/19991837Notice Of Appeal to the U.S. Court of Appeals for the 8th Circuit By Amtech Lighting Svcs RE: [1798-1] Order RecNr: N/A [jrh] (Entered: 03/16/1999)
02/10/19991836Final Order by BAP re: [1658-1] Order, [1798-1] Order . BAP has Affirmed the Bankruptcy Court. [cp] (Entered: 02/12/1999)