Foundation Fitness, LLC and Foundation Fitness Products, LLC
11
Thomas L. Saladino
06/22/2024
08/08/2024
Yes
v
| LEAD, JNTADMN, PlnDue, DsclsDue |
Assigned to: Chief Judge Thomas L. Saladino Chapter 11 Voluntary Asset |
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Debtor Foundation Fitness, LLC
c/o Robert Preston, Registered Agent 707 SW Washington Street Portland, OR 97205 BOULDER-CO Tax ID / EIN: 27-1639615 dba Foundation Fitness Distribution Operating Division |
represented by |
Patrick Patino
Patino Law Office LLC 1901 Howard Street Suite 311 Omaha, NE 68132 402-401-4050 Email: patrick@highfivelegal.com |
Jointly Administered Debtor Stages Cycling, LLC
c/o Robert Preston, Registered Agent 707 SW Washington Street Portland, OR 97205 Tax ID / EIN: 92-3047025 |
represented by |
Patrick Patino
(See above for address) |
Jointly Administered Debtor Stages Indoor Home Cycling, LLC
c/o Robert Preston, Registered Agent 707 SW Washington Street Portland, OR 97205 Tax ID / EIN: 84-1798058 |
represented by |
Patrick Patino
(See above for address) |
Jointly Administered Debtor Stages Ride, LLC
c/o Robert Preston, Registered Agent 707 SW Washington Street Portland, OR 97205 Tax ID / EIN: 82-4506562 |
represented by |
Patrick Patino
(See above for address) |
Jointly Administered Debtor Stages Indoor Cycling, LLC
c/o Robert Preston, Registered Agent 707 SW Washington Street Portland, OR 97205 Tax ID / EIN: 82-0645342 |
represented by |
Patrick Patino
(See above for address) |
Jointly Administered Debtor Foundation Fitness Products, LLC
c/o Robert Preston, Registered Agent 707 SW Washington Street Portland, OR 97205 Tax ID / EIN: 27-1639615 |
represented by |
Patrick Patino
(See above for address) |
U.S. Trustee Jerry L. Jensen
Acting United States Trustee Roman L. Hruska U.S. Trustee 111 S. 18th Plaza, Suite 1148 Omaha, NE 68102 402-221-4300 |
represented by |
Amy Blackburn
DOJ-Ust Roman L. Hruska U.S. Courthouse 111 S. 18th Plaza Ste 1148 Omaha, NE 68102 402-221-4300 Fax : 402-221-4383 Email: amy.b.blackburn@usdoj.gov |
Creditor Committee Official Committee of Unsecured Creditors |
represented by |
Richard P. Garden, Jr.
Cline, Williams, Wright, Johnson 233 South 13th Street 1900 U.S. Bank Building Lincoln, NE 68508 (402) 474-6900 Fax : (402) 474-5393 Email: rgarden@clinewilliams.com Jeffery Phillips
Murphy Desmond S.C. 33 E Main St Suite 500 53703 Madison, WI 53703 608-268-5568 Email: jphillips@murphydesmond.com Michael J. Whaley
Cline Williams Law Firm 12910 Pierce Street Suite 200 Omaha, NE 68144 402-397-1700 Email: MWhaley@clinewilliams.com |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/19/2024 | 75 | Notice of Appearance and Request for Notice Filed by Michael J. Whaley on behalf of Official Committee of Unsecured Creditors. (Whaley, Michael) (Entered: 07/19/2024) |
| 07/19/2024 | 74 | Order Granting Application to Employ Jeffery Phillips and the Law Firm of Murphy Desmond S.C. and Richard Garden and Michael Whaley and the Law Firm of Cline Williams Wright Johnson & Oldfather, L.L.P. as Attorneys for Official Committee of Unsecured Creditors (Related Doc # 71). The application to employ is approved subject to the following: This order is not a determination that the services are necessary, and this order does not allow fees. The person or entity employed under this order must file a fee application in accordance with the Bankruptcy Code and Federal Rules of Bankruptcy Procedures. See Fed. R. Bank. P. 2016, 2017 and 11 U.S.C. 329, 330. Applicant must also comply with Neb. R. Bankr. P. 2016. The allowance of fees is subject to objection and to applicable laws governing allowance of fees. The movant must serve notice of this order on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. ORDERED by Judge Thomas L. Saladino. (Text Only Order) (jea) (Entered: 07/19/2024) |
| 07/19/2024 | 73 | Order Granting Application to Employ Patrick M. Patino as Debtor's Attorney (Related Doc # 22). The application to employ is approved subject to the following: This order is not a determination that the services are necessary, and this order does not allow fees. The person or entity employed under this order must file a fee application in accordance with the Bankruptcy Code and Federal Rules of Bankruptcy Procedures. See Fed. R. Bank. P. 2016, 2017 and 11 U.S.C. 329, 330. Applicant must also comply with Neb. R. Bankr. P. 2016. The allowance of fees is subject to objection and to applicable laws governing allowance of fees. The movant must serve notice of this order on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. ORDERED by Judge Thomas L. Saladino. (Text Only Order) (jea) (Entered: 07/19/2024) |
| 07/18/2024 | 72 | Certificate of Service Filed by Jointly Administered Debtors Foundation Fitness Products, LLC, Stages Cycling, LLC, Stages Indoor Cycling, LLC, Stages Indoor Home Cycling, LLC, Stages Ride, LLC, Debtor Foundation Fitness, LLC (RE: related document(s)4 Motion for Joint Administration filed by Debtor Foundation Fitness, LLC, 5 Order on Motion For Joint Administration, 6 Motion to Expedite Hearing filed by Debtor Foundation Fitness, LLC, Motion to Shorten Time, 7 Generic Motion filed by Debtor Foundation Fitness, LLC, 8 Motion for Continuation of Utility Service filed by Debtor Foundation Fitness, LLC, 9 Generic Motion filed by Debtor Foundation Fitness, LLC, 10 Generic Motion filed by Debtor Foundation Fitness, LLC, 11 Generic Motion filed by Debtor Foundation Fitness, LLC, 12 Generic Motion filed by Debtor Foundation Fitness, LLC, 17 Order on Motion to Expedite Hearing, Order on Motion to Shorten Time, 24 Motion to Shorten Time filed by Debtor Foundation Fitness, LLC, 25 Generic Order, 26 Generic Order, 27 Generic Order, 28 Order on Motion for Continuation of Utility Service, Generic Order, Generic Order, 31 Order on Motion to Shorten Time, 32 Generic Motion filed by Debtor Foundation Fitness, LLC, 33 Motion to Approve Procedure for Interim Compensation filed by Debtor Foundation Fitness, LLC, Jointly Administered Debtor Stages Cycling, LLC, Jointly Administered Debtor Stages Indoor Home Cycling, LLC, Jointly Administered Debtor Stages Ride, LLC, Jointly Administered Debtor Stages Indoor Cycling, LLC, Jointly Administered Debtor Foundation Fitness Products, LLC, 37 Administrative Order, 38 Administrative Order, 39 Administrative Order, 40 Administrative Order, 41 Motion to Extend Time filed by Debtor Foundation Fitness, LLC, Jointly Administered Debtor Stages Cycling, LLC, Jointly Administered Debtor Stages Indoor Home Cycling, LLC, Jointly Administered Debtor Stages Ride, LLC, Jointly Administered Debtor Stages Indoor Cycling, LLC, Jointly Administered Debtor Foundation Fitness Products, LLC, 42 Order on Motion to Extend Time, 64 Order on Motion to Extend Time, Order on Motion to Continue/Reschedule Hearing, 65 Administrative Order Text Only, 66 Order on Application to Employ, 67 Hearing (Bk) Cont, 68 Hearing (Bk)) (Patino, Patrick) (Entered: 07/18/2024) |
| 07/18/2024 | 71 | Application to Employ Jeffery Phillips as Attorney Filed by Creditor Committee Official Committee of Unsecured Creditors (Phillips, Jeffery) Modified on 7/19/2024 (jea). (Entered: 07/18/2024) |
| 07/16/2024 | 70 | Notice of Rule 2004 Examination Filed by Creditor POWERbahn (Attachments: # 1 Subpoena) (McMullen, Austin) (Entered: 07/16/2024) |
| 07/16/2024 | 69 | Notice of Rule 2004 Examination Filed by Creditor POWERbahn (McMullen, Austin) (Entered: 07/16/2024) |
| 07/15/2024 | 68 | Hearing Set On (RE: related document(s)48 Application to Employ William Hergenhan Nunc Pro Tunc filed by Debtor Foundation Fitness, LLC, Jointly Administered Debtor Stages Cycling, LLC, Jointly Administered Debtor Stages Indoor Home Cycling, LLC, Jointly Administered Debtor Stages Ride, LLC, Jointly Administered Debtor Stages Indoor Cycling, LLC, Jointly Administered Debtor Foundation Fitness Products, LLC, 54 Objection filed by Creditor POWERbahn, 60 Objection filed by Creditor Official Committee of Unsecured Creditors). Hearing scheduled for 7/31/2024 at 01:00 PM at Omaha Courtroom-Telephonic Hearing. Evidence due by 7/26/2024. If you intend to participate in the hearing by telephone, you must call the AT&T Tele-Conference Center at least 5 minutes before the hearing is scheduled to begin. The court will not call you. The toll-free call-in number, access number, and participant security code may not be the same for every hearing. The required call-in information follows: toll-free call-in number: 1-888-684-8852; access code: 5799715; security code: 0804. Instructions for Telephonic Hearings can be found on the court's website: www.neb.uscourts.gov. The movant must serve this notice on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. (Text Only Entry) (mpm) (Entered: 07/15/2024) |
| 07/15/2024 | 67 | The 7/15/2024 Hearing is Continued (8 Motion for Continuation of Utility Service and Approval of Adequate Assurance of Payment to Utility Company Under §366(b) Filed by Debtor Foundation Fitness, LLC, AND 9 Motion for Entry of Interim and Final Orders Authorizing Debtors to (I) Continue Use of Existing Bank Accounts and Business Forms; and (II) Open New Debtor in Possession Accounts Filed by Debtor Foundation Fitness, LLC; AND 12 Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to Obtain Postpetition Financing, (II) Authorizing the Debtors to Use Cash Collateral, (III) Granting Liens and Providing Superpriority Administrative Expense Status, (IV) Granting Adequate Protection to the Prepetition Lender, (V) Modifying the Automatic Stay, (VI) Scheduling a Final Hearing Filed by Debtor Foundation Fitness, LLC 58 Objection filed by Creditor Official Committee of Unsecured Creditors 61 Objection filed by Creditor POWERbahn AND 32 Motion of the Debtors for Entry of Orders: (I)(A) Approving Bidding Procedures for the Sale of Stalking Horse Assets, (B) Authorizing the Debtors to Enter into Stalking Horse Agreement for Stalking Horse Assets and to Provide Bid Protections Thereunder, (C) Scheduling an Auction and Approving the Form and Manner of Notice Thereof, (D) Approving Assumption and Assignment Procedures and (E) Scheduling a Sale Hearing and Approving the Form and Manner of Notice Thereof; (II)(A) Approving the Sale of Assets Free and Clear of Liens, Claims, Interests and Encumbrances and (B) Approving the Assumption and Assignment of Executory Contracts and Unexpired Leases; and (III) Granting Related Relief Filed by Debtor Foundation Fitness, LLC 43 Objection filed by Creditor POWERbahn). Hearing continued to 7/31/2024 at 01:00 PM at Omaha Courtroom-Telephonic Hearing. Objections to the Motion for Entry of Order Approving Bid Procedures are due by 7/22/2024. Evidence is due by 7/26/2024. If you intend to participate in the hearing by telephone, you must call the AT&T Tele-Conference Center at least 5 minutes before the hearing is scheduled to begin. The court will not call you. The toll-free call-in number: 1-888-684-8852; access code: 5799715; security code: 0804. The movant must serve this notice on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. (Text Only Entry) (mpm) (Entered: 07/15/2024) |
| 07/15/2024 | 66 | Order Regarding Application to Employ William Hergenhan Nunc Pro Tunc (Related Doc. #48). Hearing held July 15, 2024. Patrick Patino appeared for Debtors. Patrick Turner and Austin McMullen appeared for POWERbahn. Rob Shortridge appeared for Union Bank & Trust. Emma MariaLuz Cervantes and Thomas Wearsch appeared for SPIA Cycling Inc., AIPS Technology Co. Ltd., Giant Manufacturing Co.. Richard Garden and Jeffery Phillips appeared for Official Committee of Unsecured Creditors. Amy Blackburn appeared for U. S. Trustee. For the reasons stated on the record, the application is set for hearing July 31, 2024 at 1:00pm. Separate hearing notice to be entered. The movant must serve notice of this order on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. ORDERED by Judge Thomas L. Saladino. (Text Only Order) (mpm) (Entered: 07/15/2024) |