The 6 Group, LLC
11
Julie A. Manning
06/09/2025
07/10/2025
Yes
v
| DISMISSED |
Assigned to: Julie A. Manning Chapter 11 Voluntary Asset Debtor disposition: Dismissed for Other Reason |
|
Debtor The 6 Group, LLC
440 Black Rock Tpke Redding, CT 06896 FAIRFIELD-CT Tax ID / EIN: 26-1878566 dba 6 Group, LLC |
represented by |
Joanna M. Kornafel
Green & Sklarz, LLC One Audubon Street Third Floor New Haven, CT 06511 203-285-8645 Fax : 203-764-2682 Email: jkornafel@gs-lawfirm.com Jeffrey M. Sklarz
Green & Sklarz LLC One Audubon Street 3rd Floor New Haven, CT 06511 203-285-8545 Fax : 203-823-4546 Email: jsklarz@gs-lawfirm.com |
U.S. Trustee U. S. Trustee
Office of the U.S. Trustee Giaimo Federal Building 150 Court Street, Room 302 New Haven, CT 06510 (203)773-2210 |
represented by |
Kim L. McCabe
DOJ-Ust U.S. Trustee Office 150 Court Street, Room 302 New Haven, CT 06510-7016 203-773-2210 Fax : 203-773-2217 Email: kim.mccabe@usdoj.gov |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/10/2025 | 40 | Bankruptcy Case Closed (sr) |
| 07/10/2025 | 39 | ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT/ORDER. On June 9, 2025, The 6 Group, LLC (the "Debtor") filed a voluntary Chapter 11 petition commencing this case. On June 18, 2025, the United States Trustee ("UST") filed a Motion to Dismiss the Debtor's case for failure to maintain insurance in accordance with 11 U.S.C. § 1112(b)(4)(C) (the "Motion to Dismiss," ECF No. [9]). The Debtor filed an Objection to Motion to Dismiss, (ECF No. [15]), and a Status Report (ECF No. [22]), in which it admitted it did not and had not obtained any insurance with regard to the real property that is the sole asset of the Debtor's bankruptcy estate. Fifteen days after the Debtor filed its case and after the Debtor was informed by the UST that failure to maintain appropriate insurance may result in a dismissal of its case, two hearings were held on the Motion to Dismiss on June 24 and 25, 2025. During the hearings, the Court stated on the record the Debtor's case would be dismissed if the Debtor failed to obtain appropriate insurance and twice provided the Debtor with additional time to obtain appropriate insurance. On June 26, 2025, the Court granted the Motion to Dismiss for failure to maintain insurance in accordance with 11 U.S.C. § 1112(b)(4)(C) (the "Dismissal Order," ECF No. [31]). Among other things, the Dismissal Order provides not only did the Debtor fail to maintain appropriate insurance in accordance with 11 U.S.C. § 1112(b)(4)(C), the Debtor failed to obtain any insurance to protect the real property that is the sole asset of its bankruptcy estate. On June 27, 2025, the Debtor filed a Motion to Reconsider Case Dismissal or to Vacate Dismissal Order, which is deemed to be a Motion for Relief from Judgment/Order of the Dismissal Order pursuant to Fed. R. Civ. P. 60(b) and Fed. R. Bankr. P. 9024 (the "Motion," ECF No. [34]). The Debtor alleges in the Motion that it obtained appropriate insurance after the Dismissal Order entered. On June 27, 2025, the UST filed a statement in response to the Motion asserting its belief that the Debtor's proof of insurance is not evidence of appropriate insurance. (ECF No. [35].) On July 1, 2025, Dark Charcoal 433 LLC (the "Creditor") filed an objection to the Motion asserting the Debtor's proof of insurance does not support the Debtor's claim that it has obtained appropriate insurance. (ECF No. [37].) The Debtor has not filed any response to the UST statement or the Creditor's objection. Rule 60(b) sets for the grounds on which a court, in its discretion, can rescind or amend a final judgment or order. Nemaizer v. Baker,793 F.2d 58, 61 (2d Cir. 1986). In Nemaizer, the United States Court of Appeals for the Second Circuit noted Rule 60(b) strikes a balance between serving the ends of justice and preserving the finality of judgments. 793 F.2d at 61; see also Paddington Partners v. Bouchard, 34 F.3d 1132, 1144 (2d Cir. 1994). It also noted final judgments should not be "lightly reopened." Nemaizer, 793 F.2d at 61 (citing Seven Elves, Inc. v. Eskenazi, 635 F.2d 396, 401 (5th Cir.1981); Griffin v. Swim-Tech Corp., 722 F.2d 677, 680 (11th Cir.1984)). Because Rule 60(b) allows for extraordinary judicial relief, it should be invoked only when exceptional circumstances are shown. Nemaizer, 793 F.2d at 61 (citing Ben Sager Chemicals Intern. v. E. Targosz & Co., 560 F.2d 805, 809 (7th Cir.1977); Hoffman v. Celebrezze, 405 F.2d 833, 835 (8th Cir.1969); Rinieri v. News Syndicate Co., 385 F.2d 818, 822 (2d Cir.1967)). Subpart (6) of Rule 60(b) "is properly invoked where there are extraordinary circumstances or where the judgment may work an extreme or undue hardship." DeWeerth v. Baldinger, 38 F.3d 1266, 1272 (2d Cir. 1994) (citation omitted). In the Motion, the Debtor admits it failed to obtain appropriate insurance before the Dismissal Order entered. The Debtor has not shown exceptional circumstances exists to grant it relief from the Dismissal Order and none of the grounds for relief set forth in Fed. R. Civ. P. 60(b) and Fed. R. Bankr. P. 9024 exist to relieve the Debtor from the Dismissal Order. Accordingly, it is herebyORDERED: The Motion is DENIED and the Clerk of the Court is directed to close the case.(RE: [34]) . Signed by Judge Julie A. Manning on July 10, 2025. (rms) |
| 07/08/2025 | 38 | Application to Employ Green & Sklarz LLC as Counsel to Debtors-in-Possesion Filed by Jeffrey M. Sklarz on behalf of The 6 Group, LLC, Debtor. (Attachments: # (1) Exhibit A # (2) Declaration of Jeffrey M. Sklarz, Esq.) (Sklarz, Jeffrey) |
| 07/01/2025 | 37 | Objection Filed by Keith K. Fuller on behalf of Dark Charcoal 433 LLC Creditor. (RE: 34 Motion to Reconsider filed by Debtor The 6 Group, LLC). (Fuller, Keith) (Entered: 07/01/2025) |
| 06/28/2025 | 36 | BNC Certificate of Mailing - PDF Document. (RE: 32 Generate BNC Notice/Form). Notice Date 06/28/2025. (Admin.) (Entered: 06/29/2025) |
| 06/27/2025 | 35 | U.S. Trustee's Statement of Objection to Debtor's Motion to Vacate Dismissal Order. Should the Court consider the Debtor's Motion to Vacate, it will require a hearing as the U.S. Trustee does not believe the Debtor's proof of insurance demonstrates adequate coverage. Filed by U.S. Trustee. (RE: [34] Motion to Reconsider filed by Debtor The 6 Group, LLC). (McCabe, Kim) |
| 06/27/2025 | 34 | Motion to Reconsider Case Dismissal or to Vacate Dismissal Order Filed by Joanna M. Kornafel on behalf of The 6 Group, LLC, Debtor (RE: [31] Order on Motion to Dismiss Case) (Attachments: # (1) Exhibit A - Insurance Coverage) (Kornafel, Joanna) |
| 06/26/2025 | 33 | Notice of Confirmation of Receipt of Wire Filed by Joanna M. Kornafel on behalf of The 6 Group, LLC Debtor. (RE: [25] Hearing Held, [30] Supplemental Document filed by Debtor The 6 Group, LLC). (Attachments: # (1) Exhibit A - Wire Receipt to Green & Sklarz LLC # (2) Exhibit B - Email from Agent) (Kornafel, Joanna) |
| 06/26/2025 | 32 | ECF No. 31 Generated for BNC Noticing. (rms) |
| 06/26/2025 | 31 | ORDER GRANTING MOTION OF UNITED STATES TRUSTEE TO DISMISS CASE FOR FAILURE TO MAINTAIN INSURANCE. On June 9, 2025, The 6 Group, LLC (the 'Debtor') filed a voluntary Chapter 11 petition commencing this case. On June 18, 2025, the United States Trustee ('UST') filed a Motion to Dismiss the Debtor's case for failure to maintain insurance in accordance with 11 U.S.C. § 1112(b)(4)(C) (the 'Motion to Dismiss'). The Debtor filed an Objection to Motion to Dismiss, ECF No. [15], and a Status Report, ECF No. [22], in which it admitted it did not and has not obtained any insurance with regard to the real property that is the sole asset of the Debtor's bankruptcy estate. A hearing and continued hearing on the Motion to Dismiss were held on June 24 and 25, 2025. During the hearings, the Debtor confirmed that it has failed to obtain insurance with regard to the sole asset of its bankruptcy estate. At the conclusion of the continued hearing on June 25, 2025, the Debtor was ordered to file on the docket of this case evidence that it has obtained appropriate insurance for the sole asset of its estate and was informed that failure to timely file evidence of appropriate insurance shall result in the granting of the Motion to Dismiss which may include, but not be limited to, dismissal of the Debtor's case with prejudice for cause, see 11 U.S.C. § 349(a), see ECF No. 25. A review of the docket of the Debtor's case at 10:01 a.m. on June 26, 2025, establishes that the Debtor has not filed evidence on the docket of this case that is has obtained appropriate insurance in accordance with 11 U.S.C. § 1112(b)(4)(C). Accordingly, it is hereby ORDERED: The Motion to Dismiss is GRANTED and the Debtor's case is dismissed due to its failure to obtain appropriate insurance in accordance with 11 U.S.C. § 1112(b)(4)(C). (RE: [9] Motion to Dismiss Case filed by U.S. Trustee) Signed by Judge Julie A. Manning on June 26, 2025. (rms) |