Case number: 2:20-bk-21359 - US Real Estate Equity Builder Dayton LLC - Kansas Bankruptcy Court

Case Information
  • Case title

    US Real Estate Equity Builder Dayton LLC

  • Court

    Kansas (ksbke)

  • Chapter

    7

  • Judge

    Robert D. Berger

  • Filed

    10/02/2020

  • Last Filing

    04/04/2024

  • Asset

    Yes

  • Vol

    v

Docket Header
PlnDue, DsclsDue, JNTADMN, MEMBER



U.S. Bankruptcy Court
District of Kansas (Kansas City)
Bankruptcy Petition #: 20-21359

Assigned to: Judge Robert D. Berger
Chapter 7
Previous chapter 11
Original chapter 11
Voluntary
Asset


Date filed:  10/02/2020
Date converted:  09/12/2022
341 meeting initially set for:  11/10/2020
341 meeting (re)scheduled for:  11/18/2022

Debtor

US Real Estate Equity Builder Dayton LLC

440 E 63rd St
Kansas City, MO 64110
JOHNSON-KS
Tax ID / EIN: 82-0989442

represented by
George J. Thomas

Phillips & Thomas, LLC
5251 W. 116th Place
Ste 200
Leawood, KS 66211
913-385-9900
Fax : 913-385-9907
Email: geojthomas@gmail.com

Trustee

Eric L. Johnson, Chapter 11 Trustee

Spencer Fane LLP
1000 Walnut St.
Suite 1400
Kansas City, MO 64106
816-292-8267
TERMINATED: 09/12/2022

represented by
Andrea M Chase

Spencer Fane LLP
1000 Walnut St
Suite 1400
Kansas City, MO 64106
816-474-8100
Fax : 816-474-3216
Email: achase@spencerfane.com
TERMINATED: 09/12/2022

Eric L. Johnson

1000 Walnut Street Suite 1400
Kansas City, MO 64106
(816) 474-8100
Email: ejohnson@spencerfane.com
TERMINATED: 09/12/2022

Trustee

Steven R Rebein

Law Office of Steven R. Rebein, L.C.
8700 Monrovia, Suite 310
Lenexa, KS 66215
(913)888-4800

represented by
Andrea M Chase

(See above for address)

Eric L. Johnson

(See above for address)

Steven R Rebein

Law Office of Steven R. Rebein, L.C.
8700 Monrovia, Suite 310
Lenexa, KS 66215
(913)888-4800
Fax : (913) 888-0570
Email: ftaylor@stevenrebeinlaw.com

Steven R. Rebein

Law Office of Steven R. Rebein, L.C.
8700 Monrovia
Suite 310
Lenexa, KS 66215
(913) 888-4800
Email: srebein@stevenrebeinlaw.com

U.S. Trustee

U.S. Trustee

Office of the United States Trustee
301 North Main Suite 1150
Wichita, KS 67202
(316) 269-6637
represented by
Christopher T. Borniger

DOJ-Ust
400 E. 9th St.
Ste 3440
Kansas City, MO 64106
816-512-1946
Fax : 816-512-1967
Email: christopher.t.borniger@usdoj.gov
TERMINATED: 12/16/2021

Richard A Kear

DOJ-Ust
301 N Main St
Suite 1150
Wichita, KS 67202
316-269-6213
Email: richard.kear@usdoj.gov

Jordan M Sickman

Office of U.S. Trustee
301 North Main-Ste. 1150
Wichita, KS 67202
(316) 269-6176
Fax : (316) 269-6182
Email: jordan.sickman@usdoj.gov

Latest Dockets

Date Filed#Docket Text
04/04/2024251ORDER CONTINUING HEARING TO PRETRIAL STATUS CONFERENCE. Reason for continuance: Pre-Trial. So ORDERED by s/ Robert D. Berger. (related documents [226] Motion to Compel, [228] Objection, [236] Motion to Compel, [242] Objection, [244] Motion to Compel, [248] Response, [249] Objection) Status hearing to be held on 6/6/2024 at 02:00 PM at Judge Berger AT&T Telephonic Hearing - Dial: (877) 336-1839, Access Code: 9622640#.(kjd)THE MOVING PARTY IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE AND FILE A CERTIFICATE OF SERVICE WITH THE COURT. (When filing a certificate of service for this order, relate it back to the epo category.)This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.
04/04/2024250Courtroom Minute Sheet (RDB), Ruling: Mr. Blay. Ir is the position of the movant that the notices that went out through the bankruptcy court by the trustee, there was no notice provided to the movant for payoff, or any information that would suggest that this parcel was going to be sold and release the lien. Dont have a preference of who provides the payoff of the lien. Balance of tax lien is approximately $20,000.00. Mr. Johnson. Two certificates did get paid off in the sale. Trustee filed a distribution order. If FIG OH18, LLC is still owed funds it should be Anchor Loans, LP and not the estate who pays those funds. At some point there was a disconnect with what FIG OH18, LLC provided and what the title company had requested. Mr. Breeze. Can FIG OH18, LLC show the court that it provided notice before the closing of the transaction that there were additional funds that were to be paid and werent paid. The court states that FIG OH18, LLC obligation, the $20,000.00 real estate lien, is not reflected on the title documents. Did FIG OH18, LLC receive a request for the balance of taxes due on this particular parcel? Mr. Blay states no. Judge asks Mr. Johnson, if they are not asked for this particular parcel then why would they provide information regarding that parcel? Mr. Johnson states he does not know if its by parcel, it is multiple tax certificates. They did not identify a specific tax certificate. The court states those are two very different questions, the real estate taxes are tied to particular parcels. The court states we need to find out if FIG OH18, LLC did not provide the pay off with respect to the parcel or if the title company missed it. Case continued to telephonic pretrial hearing on June 6th at 2:00PM. (RE: related document(s)[226] Motion to Compel filed by Creditor FIG OH18, LLC, [236] Motion to Compel filed by Creditor FIG OH18, LLC, [244] Motion to Compel filed by Creditor FIG OH18, LLC) (kjd)
03/26/2024Hearing Set (RE: related document(s)[244] Motion to Compel filed by Creditor FIG OH18, LLC, [249] Objection filed by Trustee Steven R Rebein) Hearing to be held on 4/4/2024 at 01:30 PM Judge Berger AT&T Telephonic Hearing - Dial: (877) 336-1839, Access Code: 9622640# for [249] and for [244], (kjd)
03/26/2024Hearing Set (RE: related document(s)[248] Response filed by Creditor Anchor Loans, LP) Hearing to be held on 4/4/2024 at 01:30 PM Judge Berger AT&T Telephonic Hearing - Dial: (877) 336-1839, Access Code: 9622640# for [248], (kjc2)
03/26/2024Hearing Set (RE: related document(s) [244] Motion to Compel filed by Creditor FIG OH18, LLC, [249] Objection filed by Trustee Steven R Rebein) Hearing to be held on 4/18/2024 at 01:30 PM Kansas City Courtroom 151 for [249] and for [244], (kjc2)
03/25/2024249Objection to (related document(s): [244] Amended Motion to Compel directing the Estate to provide a payment in full to FIG so that FIG may releaseand/orsatisfy its Tax Lien from the Estate from the estate filed by Creditor FIG OH18, LLC) Filed by Trustee Steven R Rebein (Chase, Andrea)
03/22/2024248Response to (related document(s): 236 Amended Motion to Compel directing the Estate to provide a payment in full to FIG so that FIG may releaseand/or satisfy its Tax Lien from the Estate Filed on behalf of Creditor FIG OH18, LLC from FIG as Custodian for FIG OH18, LLC filed by Creditor FIG OH18, LLC) and Partial Joinder to the Chapter 7 Trustee's Objection to Motion to Compel Payment of Lien Filed by Creditor Anchor Loans, LP (Breeze, Adam) (Entered: 03/22/2024)
03/17/2024247BNC Certificate of Mailing - PDF Document. (RE: related document(s)246 Order on Motion to Withdraw as Attorney) Notice Date 03/17/2024. (Admin.) (Entered: 03/17/2024)
03/13/2024246Agreed Order Granting Motion To Withdraw As Attorney (Related Doc [240]) Signed on 3/13/2024. (kjc2) Modified on 3/15/2024 (ksf).
03/04/2024245Notice of Objection Deadline. Proposed Hearing to be held 4/18/2024 at 1:30 PM. Certificate of Service on 3/4/2024. Filed by Ryan A Blay on behalf of FIG OH18, LLC (RE: related document(s)[244] Amended Motion to Compel directing the Estate to provide a payment in full to FIG so that FIG may releaseand/orsatisfy its Tax Lien from the Estate from the estate Filed on behalf of Creditor FIG OH18, LLC, with Certificate of Service.) Objections due by 3/25/2024. (Blay, Ryan)