Profit Recovery Center LLC
7
Dennis Montali
04/07/2017
10/13/2023
Yes
v
| CONVERTED, DebtEd |
Assigned to: Judge Dennis Montali Chapter 7 Previous chapter 11 Original chapter 11 Voluntary Asset |
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Debtor Profit Recovery Center LLC
901 Battery Street Ste. 220 San Francisco, CA 94111 SAN FRANCISCO-CA 4152624222 Tax ID / EIN: 01-0871899 |
represented by |
Pamela Egan
Rimon P.C. 1 Embarcadero Center #400 San Francisco, CA 94111 (415)266-4622 Email: pamela.egan@rimonlaw.com |
Trustee Allan B. Diamond
Diamond McCarthy LLP 909 Fannin St. #3700 Houston, TX 77010 713-333-5100 TERMINATED: 10/04/2017 |
represented by |
Allan B. Diamond
Diamond McCarthy LLP 909 Fannin, 15th Fl Houston, TX 77010 (713) 333-5100 Email: adiamond@diamondmccarthy.com TERMINATED: 10/04/2017 Sheryl P. Giugliano
Diamond McCarthy LLP 489 5th Ave 21st Fl New York, NY 10017 (212) 430-5400 Email: sgiugliano@diamondmccarthy.com TERMINATED: 10/04/2017 Christopher D. Sullivan
Diamond McCarthy LLP 150 California St. #2200 San Francisco, CA 94111 (415)692-5200 Email: csullivan@diamondmccarthy.com |
Trustee Andrea A. Wirum
P.O. Box 1108 Lafayette, CA 94549 (415) 294-7710 |
represented by |
Charles P. Maher
Rincon Law, LLP 268 Bush St. #3335 San Francisco, CA 94104 (415)996-8280 Email: cmaher@rinconlawllp.com |
U.S. Trustee Office of the U.S. Trustee / SF
Phillip J. Burton Federal Building 450 Golden Gate Ave. 5th Fl., #05-0153 San Francisco, CA 94102 (415)705-3333 |
represented by |
Lynette C. Kelly
Office of the United States Trustee Phillip J. Burton Federal Building 450 Golden Gate Ave. 5th Fl., #05-0153 San Francisco, CA 94102 (510)637-3210 Email: lynette.c.kelly@usdoj.gov Barbara A. Matthews
Office of the United States Trustee Phillip J. Burton Federal Building 450 Golden Gate Ave. 5th Fl., #05-0153 San Francisco, CA 94102 (415) 705-3333 Fax : (415) 705-3379 Email: barbara.a.matthews@usdoj.gov TERMINATED: 04/17/2017 |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/27/2018 | 151 | Order Authorizing Private Sale of Real Property Free and Clear of Liens, Claims, and Interests and Payment of Commission (Related Doc # 140), Granting Motion To Pay (Related Doc # 140) (lp) (Entered: 06/27/2018) |
| 06/22/2018 | 150 | Certificate of Service (with copy) of attached proposed Order Authorizing Private Sale of Real Property Free and Clear of Liens, Claims, and Interests and Payment of Commission Filed by Trustee Andrea A. Wirum (Maher, Charles). Related document(s) 140 Motion for Sale of Property filed by Trustee Andrea A. Wirum. CORRECTIVE ENTRY: Clerk added linkage to document #140. Modified on 6/23/2018 (lm). (Entered: 06/22/2018) |
| 06/21/2018 | Hearing Dropped. The hearing on 6/22/18 at 10:00 a.m. is taken off calendar per the Court's 6/21/18 Docket Text Order. (related document(s): 140 Motion for Sale of Property filed by Andrea A. Wirum) (lp) (Entered: 06/21/2018) | |
| 06/21/2018 | DOCKET TEXT ORDER (no separate order issued:) The court has been advised that both objectors to the proposed private sale have accepted the tentative ruling. Accordingly, the June 22 hearing is dropped from calendar. The proposed purchaser wants protection under section 363(m) and 363(n). The filings support such protection under 363(m) so the order authorizing the sale may include a 363(m) finding. There is no established procedure for a similar safe harbor under section 363(n), nor did the motion by the trustee seek such protection. The order should NOT include such a finding. (Montali, Dennis) (Entered: 06/21/2018) | |
| 06/20/2018 | Hearing Dropped. The hearing on 6/22/18 at 10:00 a.m. is taken off calnda per the Court's 6/20/18 Docket Text Order. (related document(s): 138 Motion to Sell Property Free and Clear Under 363(f) filed by Andrea A. Wirum) (lp) (Entered: 06/20/2018) | |
| 06/20/2018 | DOCKET TEXT ORDER (no separate order issued:) The trustee and Carmel Financing have resolved their differences and there are no other oppositions of the other respondents on the motion to sell free and clear of the liens (Dkt. No. 138). The motion is well-taken, will be GRANTED and is dropped from the June 22, 2018, 10:00 AM calendar. By way of tentative ruling on the motion to sell at private sale (Dkt. No. 140), the court will overrule the Engmann and Levy objections, noting that the Mayacamas trustee has not objected, the trustee has demonstrably exercised her business judgment in electing a private sale, and most importantly, there is no competing offer in the record that would justify directing a sale by auction or other forms of overbidding. The only thing that would likely change this tentative ruling would be an offer from the Levy interests that included forfeitable cash consideration in the amount of at least the amount of the offer the trustee wants the court to approve, viz., $1,570,000. If Mr. Levy and the Engmanns accept this tentative ruling they should notify counsel for the trustee and the courtroom deputy (Ms. Lorena Parada, 415-268-2323, lorena_parada@canb.uscourts.gov) no later than 4:00 PM on June 21, 2018, in which case the matter will be dropped from the June 21 calendar and counsel for the trustee should serve and upload an order granting the motion. (RE: related document(s) 138 Motion to Sell Property Free and Clear Under 363(f) filed by Trustee Andrea A. Wirum, 140 Motion for Sale of Property filed by Trustee Andrea A. Wirum, Motion to Pay). (Montali, Dennis) (Entered: 06/20/2018) | |
| 06/19/2018 | 149 | Reply to Objection to Sale (RE: related document(s) 145 Objection, 147 Joinder). Filed by Trustee Andrea A. Wirum (Attachments: # 1 Declaration of Andrea A. Wirum # 2 Exhibit A, Part 1 to Wirum Declaration # 3 Exhibit A, Part 2 to Wirum Declaration # 4 Declaration of Jeff Bounsall # 5 Certificate of Service) (Maher, Charles) (Entered: 06/19/2018) |
| 06/18/2018 | 148 | Declaration of David Butler in Support of Motion for Order Authorizing Sale of Real Property Free and Clear of Liens (RE: related document(s) 138 Motion to Sell Property Free and Clear Under 363(f), 139 Notice of Hearing, 140 Motion for Sale of Property, Motion to Pay, 141 Notice of Hearing). Filed by Interested Partys David Butler, Mayacamas Investment Partners, LLC (Huckins, William) (Entered: 06/18/2018) |
| 06/17/2018 | 147 | Joinder in David Levy's Objection to Sale (RE: related document(s) 140 Motion for Sale of Property, Motion to Pay). Filed by Interested Party Michael Engmann, Douglas Engmann, Brad Engmann, Sean Engmann and MDNH Partners, LLP (St. James, Michael) (Entered: 06/17/2018) |
| 06/15/2018 | 146 | Reply (Trustee's Reply to Response of Carmel Financing) (RE: related document(s) 144 Response). Filed by Trustee Andrea A. Wirum (Maher, Charles) (Entered: 06/15/2018) |