SJW Farms LLC
12
John E. Hoffman Jr.
02/13/2019
11/22/2024
Yes
v
Assigned to: C. Kathryn Preston Chapter 12 Voluntary Asset AP Case: No |
|
Debtor SJW Farms LLC
7690 County Road 53 Lewistown, OH 43333 LOGAN-OH Tax ID / EIN: 81-1394865 aka SJW Trucking LLC |
represented by |
Nick V Cavalieri
Bailey Cavalieri 10 W Broad St Suite 2100 Columbus, OH 43215-3418 (614) 229-3252 Fax : 614-221-0479 Email: ncavalieri@baileycav.com Matthew T Schaeffer
10 West Broad St Suite 2100 Columbus, OH 43215 (614) 229-3289 Email: mschaeffer@baileycav.com |
Trustee Frank M Pees
130 East Wilson Bridge Road Suite 200 Worthington, OH 43085 (614) 436-6700 |
| |
U.S. Trustee Asst US Trustee (Col)
Office of the US Trustee 170 North High Street Suite 200 Columbus, OH 43215 614-469-7411 |
represented by |
Mary Anne Wilsbacher
USDOJ - Office of the U.S. Trustee 170 North High Street Suite 200 Columbus, OH 43215 614-469-7411 x212 Fax : (614) 469-7448 Email: MaryAnne.Wilsbacher@usdoj.gov |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/22/2024 | Proceeding memo: 11/19/2024 Hearing held on Chapter 12 Trustee Fansler's motion for a more definite statement [102] and the Debtors' response [106]. Trustee Fansler reported that he had over $51,000 in payments from the Debtors over the life of their plan, but found the plan unclear as to how those funds should be distributed and what the minimum dividend to unsecured creditors should be. While the plan refers to a minimum dividend of 3% to unsecured creditors, it also refers to a 10% estimated dividend and says that this would have been a no-asset case in Chapter 7 liquidation. Debtor's counsel was unsure of the reason behind that apparent inconsistency, but did report some success in getting unsecured creditors to reduce or eliminate their claims altogether. He also set forth two viable paths the Debtors could take toward completing their plan and receiving a discharge: the Debtors can either file (1) a motion to modify the plan, or (2) a motion for a hardship discharge. The Court stated that establishing the right to a hardship discharge would require either evidence or a stipulation by Mr. Fansler establishing that § 1228(b)(2) of the Bankruptcy Code is satisfied. Trustee Fansler reported that the $51,000 he currently had would be enough to make a 3% minimum distribution to unsecured creditors, especially since the Debtors will continue to make plan payments in the future on account of a prior order [84] deferring plan payments for several months during the pandemic. Counsel to upload an agreed order providing that by December 16, 2024, the Debtors will file either a motion to modify the plan or a motion for a hardship discharge. Appearances: Matthew Schaeffer for Debtors; Steven Fansler, Chapter 12 Trustee. (JWR) | |
| 11/20/2024 | Proceeding Memo: 11/19/2024 - Hearing regarding related document [99] Motion for Relief From Stay filed by Creditor Ally Bank continued by joint request to 12/17/2024 at 09:30 AM Columbus Courtroom A for [99], (kcv) | |
| 11/19/2024 | 108 | Document Notice of Withdrawal of Claim No. 24 Filed by Creditor Beck's Superior Hybrids Inc.. (Hughes, Kimberly) |
| 11/19/2024 | 107 | Notice of Appearance and Request for Notice by Kimberly Roeder Hughes Filed by Creditor Beck's Superior Hybrids Inc.. (Hughes, Kimberly) |
| 11/15/2024 | 106 | Response to (related document(s): [102] Motion for More Definite Statement filed by Trustee Steven Fansler) - Debtors' Response to the Chapter 12 Trustee's Request for Clarification and Motion for Interpretation of Confirmed Plan of Reorganization (Doc 102) Filed by Debtor SJW Farms LLC (Schaeffer, Matthew) |
| 11/06/2024 | 105 | BNC Certificate of Mailing (RE: related documents(s)[104] Hearing (Bk Motion) Set) Notice Date 11/06/2024. (Admin.) |
| 11/04/2024 | 104 | Notice of hearing (RE: related document(s)[102] Motion for More Definite Statement filed by Trustee Steven Fansler) Status hearing to be held on 11/19/2024 at 11:00 AM Columbus Courtroom A for [102], (kcv) |
| 11/01/2024 | 103 | Objection to (related document(s): [99] Motion for Relief from Stay Regarding Tangible Personal Property 2018 Kia Optima Fee Amount $199 filed by Creditor Ally Bank)- Debtors' Objection to Motion of Ally Bank for Relief from Stay (Doc. 99) and Request for Preliminary Hearing Filed by Debtor SJW Farms LLC (Schaeffer, Matthew) |
| 10/28/2024 | 102 | Motion for More Definite Statement Filed by Trustee Steven Fansler (Fansler, Steven) |
| 10/27/2024 | 101 | BNC Certificate of Mailing - PDF Document (RE: related documents(s)[100] Order to Set Hearing) Notice Date 10/27/2024. (Admin.) |