DI Overnite LLC, a Nevada limited liability compan
7
Scott C Clarkson
02/21/2025
06/12/2025
No
i
Assigned to: Scott C Clarkson Chapter 7 Involuntary |
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Debtor DI Overnite LLC, a Nevada limited liability company
1900 S. State College #450 Anaheim, CA 92806 ORANGE-CA Tax ID / EIN: 46-3551719 aka DI Investments aka DI Logistics LLC aka Deliver IT LLC |
represented by |
Ori Katz
4 Embarcadero Ctr 17th Fl San Francisco, CA 94111 415-774-3238 Fax : 415-434-3947 Email: okatz@sheppardmullin.com Alexandria Lattner
Sheppard Mullin Richter & Hampton LLP 650 Town Center Drive 10th Floor Costa Mesa, CA 92626 714-513-5100 Email: alattner@sheppardmullin.com Jennifer L Nassiri
Sheppard Mullin Richter & Hampton LLP 1901 Avenue of the Stars 16th Floor Los Angeles, CA 90067-6055 310-228-3700 Fax : 310-228-3701 Email: JNassiri@sheppardmullin.com |
Petitioning Creditor Black Widow Holdings, LLLP
2450 ST Rose Parkway #200 Henderson, NV 89074 TERMINATED: 04/01/2025 |
represented by |
Marc C Forsythe
Goe Forsythe & Hodges LLP 17701 Cowan Building D Suite 210 Irvine, CA 92614 949-798-2460 Fax : 949-955-9437 Email: mforsythe@goeforlaw.com |
Petitioning Creditor Mike Martin
c/o William B. Hanley 2700 Newport Blvd, Suite 172 Newport Beach, CA 92663-0000 |
represented by |
Marc C Forsythe
(See above for address) |
Petitioning Creditor Love, Inc.
9620 West Russel Road #2122 Las Vegas, NV 89148 |
represented by |
Marc C Forsythe
(See above for address) |
Petitioning Creditor Frank Santamaria
10512 Chestnut Street Cypress, CA 90630-0000 |
represented by |
Marc C Forsythe
(See above for address) |
Petitioning Creditor Vision D.M., LLC
c/o David Meyer, Managing Member 800 S Gay St, Ste 700 Knoxville, TN 37997-0300 |
represented by |
Marc C Forsythe
(See above for address) |
Petitioning Creditor Joe De La Rosa
2010 S Palo Verde Ave Tucson, AZ 85713-0000 |
represented by |
Marc C Forsythe
(See above for address) |
U.S. Trustee United States Trustee (SA)
411 W Fourth St., Suite 7160 Santa Ana, CA 92701-4593 (714) 338-3400 |
represented by |
United States Trustee (SA)
PRO SE Queenie K Ng
411 West Fourth St. Suite 7160 Santa Ana, CA 92701 714-338-3403 Fax : 714-338-3421 Email: queenie.k.ng@usdoj.gov TERMINATED: 02/24/2025 |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/12/2025 | 114 | BNC Certificate of Notice - PDF Document. (RE: related document(s)112 Order (Generic) (BNC-PDF)) No. of Notices: 1. Notice Date 06/12/2025. (Admin.) (Entered: 06/12/2025) |
| 06/09/2025 | 112 | Order Approving Adequate Protection Stipulation Between The Debtor And Enterprise Fleet Management, Inc. IT IS ORDERED: A. The Stipulation is APPROVED in its entirety. B. The Debtor is authorized to and shall provide Enterprise with the following adequate protection: 1. Payments made by the Alleged Debtor to Enterprise subsequent to the Petition Date in the amount of $1,312,683.20 as partial payment of its obligations under the Lease Agreement1 are approved as adequate protection payments to Enterprise. 2. As additional adequate protection, Enterprise may retain all Vehicle Returned Credits received by Enterprise from the sale of any vehicles returned or to be returned by the Alleged Debtor, to offset against all current and ongoing obligations of the Alleged Debtor pursuant to the Lease Agreement. 3. As additional adequate protection, the Alleged Debtor shall make two additional payments of $50,000 over the course of the following two weeks to reduce the Alleged Debtors outstanding balance due to Enterprise. 4. The Alleged Debtor will thereafter continue to make bi-monthly adequate protection payments to Enterprise in an amount up to the full amount of its rental obligations to Enterprise, as agreed upon by the Alleged Debtor and Enterprise. 5. The Alleged Debtor may continue to return to Enterprise vehicles it determines, in its business judgment, are no longer required. C. Unless expressly stated in the herein, nothing in the Stipulation or this Order (a) alters, amends or modifies the terms and conditions of the Lease Agreement between the Alleged Debtor or Enterprise; (b) relieves the Alleged Debtor of any of its obligations with respect to Enterprise; or (c) waives any of Enterprises claims or rights against the Alleged Debtor, any of the Alleged Debtors subsidiaries or affiliates, or any other person, entity, property or parties liable to Enterprise. D. The automatic stay provisions of Section 362 and Section 549 of the Bankruptcy Code, if applicable, are hereby waived as to all ongoing payments made or to be made by the Alleged Debtor to Enterprise during the gap period of the involuntary bankruptcy case. For avoidance of doubt, all payments made or to be made by the Alleged Debtor to Enterprise during the gap period of the involuntary bankruptcy case shall not be subject to disgorgement or claw-back by the Alleged Debtor and/or any subsequent trustee appointed in the case. E. Notwithstanding Bankruptcy Rule 6004(h), this Order is immediately effective and enforceable upon its entry. (BNC-PDF) Signed on 6/9/2025 (RE: related document(s)107 Motion for Adequate Protection filed by Creditor Enterprise Fleet Management, Inc.). (NB8) (Entered: 06/09/2025) |
| 06/04/2025 | 111 | Status report / Joint Status Report and Proof of Service Filed by Creditor Toyota Industries Commercial Finance, Inc. (RE: related document(s)58 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 1 Toyota Forklift 8FGCU25 and 1 Toyota Forklift 50-8FGCU25 and Proof of Service. Fee Amount $199,). (Masterson, Garry) (Entered: 06/04/2025) |
| 05/31/2025 | 110 | BNC Certificate of Notice - PDF Document. (RE: related document(s)106 Order on Generic Motion (BNC-PDF)) No. of Notices: 1. Notice Date 05/31/2025. (Admin.) (Entered: 05/31/2025) |
| 05/30/2025 | 109 | BNC Certificate of Notice - PDF Document. (RE: related document(s)102 Order on Generic Motion (BNC-PDF)) No. of Notices: 1. Notice Date 05/30/2025. (Admin.) (Entered: 05/30/2025) |
| 05/30/2025 | 108 | Notice of lodgment of Order Filed by Creditor Enterprise Fleet Management, Inc. (RE: related document(s)107 Motion for Adequate Protection Adequate Protection Stipulation Between Debtor and Enterprise Fleet Management, Inc. Filed by Creditor Enterprise Fleet Management, Inc.). (Gottfried, Michael) (Entered: 05/30/2025) |
| 05/30/2025 | 107 | Motion for Adequate Protection Adequate Protection Stipulation Between Debtor and Enterprise Fleet Management, Inc. Filed by Creditor Enterprise Fleet Management, Inc. (Gottfried, Michael) (Entered: 05/30/2025) |
| 05/29/2025 | 106 | Order Approving Di Overnite, LLC's Stipulation Related To The Old Republic Insurance Policies. IT IS ORDERED: 1. The Stipulation Is APPROVED. (SEE ORDER FOR FURTHER RULING) (BNC-PDF) (Related Doc # 98 ) Signed on 5/29/2025 (NB8) (Entered: 05/29/2025) |
| 05/28/2025 | 105 | Proof of service (AMENDED) Filed by Creditor Jorge L Arcedo-Sedano (RE: related document(s)100 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Sedano v. DI Overnite, LLC, Case No. 23CV01149 (County of Santa Cruz Superior Court) . Fee Amount $199,). (Katz, Lior) (Entered: 05/28/2025) |
| 05/27/2025 | 104 | Notice to Filer of Error and/or Deficient Document Incorrect/incomplete/unreadable PDF was attached to the docket entry. Non-compliance with LBR 9004-1 and Court Manual 2-5(c)(3) - No caption page on PDF. (RE: related document(s)101 Proof of service filed by Creditor Jorge L Arcedo-Sedano) (NB8) (Entered: 05/27/2025) THE FILER IS INSTRUCTED TO RE-FILE THE DOCUMENT WITH THE CORRECT PDF IMMEDIATELY. |