Strawberry Hill Povitica, Inc.
11
Dale L. Somers
07/22/2024
08/29/2025
Yes
v
| SmBus, Subchapter_V, ExtObjDsc |
Assigned to: Chief Judge Dale L. Somers Chapter 11 Voluntary Asset |
|
Debtor Strawberry Hill Povitica, Inc.
7226 West Frontage Road Merriam, KS 66203 JOHNSON-KS Tax ID / EIN: 48-1176855 dba Strawberry Hill Povitica Company dba Strawberry Hill Baking Company |
represented by |
Colin N. Gotham
Evans & Mullinix, P.A. 7225 Renner Road, Suite 200 Shawnee, KS 66217 (913) 962-8700 Fax : (913) 962-8701 Email: Cgotham@emlawkc.com |
Trustee Robbin L Messerli
PO Box 8686 Prairie Village, KS 66208 913-948-4235 |
| |
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 |
Richard A Kear
DOJ-Ust 301 N Main St Suite 1150 Wichita, KS 67202 202-573-6945 Email: richard.kear@usdoj.gov John Nemecek
DOJ-Ust 301 North Main Street Ste 1150 Wichita, KS 67202 202-557-5810 Email: john.nemecek@usdoj.gov Jordan M Sickman
DOJ-Ust 301 North Main Suite 1150 Wichita, KS 67202 202-834-0394 Email: jordan.sickman@usdoj.gov |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/29/2025 | 199 | Exhibit B Filed by Debtor Strawberry Hill Povitica, Inc. (RE: related document(s)[195] Second Application for Compensation for Colin N. Gotham, Attorney, Period: to 8/25/2025, Fee: $17,972.50, Expenses: $751.13.). (Gotham, Colin) |
| 08/29/2025 | 198 | Exhibit A Filed by Debtor Strawberry Hill Povitica, Inc. (RE: related document(s)[195] Second Application for Compensation for Colin N. Gotham, Attorney, Period: to 8/25/2025, Fee: $17,972.50, Expenses: $751.13.). (Gotham, Colin) |
| 08/28/2025 | 197 | Certificate of Service (related document(s): [195] Second Application for Compensation for Colin N. Gotham, Attorney, Period: to 8/25/2025, Fee: $17,972.50, Expenses: $751.13. filed by Debtor Strawberry Hill Povitica, Inc., [196] Notice of Objection Deadline filed by Debtor Strawberry Hill Povitica, Inc.) Filed by Debtor Strawberry Hill Povitica, Inc. (RE: related document(s)[195] Second Application for Compensation for Colin N. Gotham, Attorney, Period: to 8/25/2025, Fee: $17,972.50, Expenses: $751.13., [196] Notice of Objection Deadline). (Gotham, Colin) |
| 08/28/2025 | 196 | Notice of Objection Deadline. Proposed Hearing to be held 10/09/2025 at 1:46pm. Certificate of Service on 8/28/2025. Filed by Colin N. Gotham on behalf of Strawberry Hill Povitica, Inc. (RE: related document(s)[195] Second Application for Compensation for Colin N. Gotham, Attorney, Period: to 8/25/2025, Fee: $17,972.50, Expenses: $751.13. Filed on behalf of Attorney Colin N. Gotham, with Certificate of Service.) Objections due by 9/19/2025. (Gotham, Colin) |
| 08/28/2025 | 195 | Second Application for Compensation for Colin N. Gotham, Attorney, Period: to 8/25/2025, Fee: $17,972.50, Expenses: $751.13. Filed on behalf of Attorney Colin N. Gotham, with Certificate of Service.(Gotham, Colin) |
| 08/22/2025 | 194 | Order Granting Motion To Incur Post-Petition Financing Pursuant to 11 U.S.C. 364(a) or (b) and Granting Security Interests (Related Doc # [191]) Signed on 8/22/2025. (kjc2) |
| 08/13/2025 | 193 | Courtroom Minute Sheet (DLS), Ruling: Mr. Gotham: The investors would take an active role in the business and become owners at 18%. Investors/Lenders will have an opportunity to increase sales with a background in finance and food sales. There is a services agreement that is detailed in the motion. The investors/Lenders expect to be repaid the $400,000 in long payments at 2% interest. The debtor needs the money very drastically. The debtors have moved out of the old space and now in the new space. Due to the bankruptcy the debtors are unable to get a loan. Mr. Sickman: Mr. Gotham provided a draft of the promissory note, ancillary services agreement, and warrant to purchase of common shares just this morning that we went through as quickly as we could. There is some dispute as to if Mr. Brockman also has a lien and if he is adequately protected. We objected to the original motion. We have not filed an objection to the amended motion. We continue to express our concern on whether the secured parties have been properly noticed and have had an opportunity to review the amended motion. We have also raised concerns about the relationship from the lenders to debtors. There is mention in the proposed order in the amended motion to the business liquidating and Mr. Gotham assured us that is not correct and that needs to be fixed. There were some terms in the loan agreement and other documents that provide that exclusive jurisdiction of any disputes would be taken up through District of Wyandotte County and we have expressed to Mr. Gotham that as long as the case is in bankruptcy that your Honor would have jurisdiction to address anything. We are concerned about where the case is headed and whether the debtors could actually get out of bankruptcy. I appreciate Mr. Gotham informing the court that this is the only lender that the debtor could get. Court to Mr. Sickman: Is there an order that you would be willing to sign? and Mr. Sickman replied probably. Court: I want to be sure that everyone has had a chance to weigh in and if you just received documents just this morning you probably have not had time to look at it. Mr. Sickman: We were reading pretty fast. Mr. Gotham: If you have comments or concerns of any changes of the documents, we will work with them on that. There was a reference to a jurisdiction in Wyandotte County Kansas and no problem updating to state: Bankruptcy Court. I believe the creditors have had notice. If the debtor does not receive these funds they are going to close down and with these funds the debtor can get out of bankruptcy and maintain the business. Ms. Swift: Nothing to add and the motions and order are clear that CrossFit Bank remains the senior first priority. Mr. Gilchrist: At this stage we dont have any objections or comments. We know they needed outside funding in order to move forward. We still have our outstanding issues that will need to be resolved. We knew financing was the next step and we recognize the difficulty in finding financing. Court: This matter is to be resolved pursuant to an agreed order to be submitted. If I receive an order that everyone has signed off on - the order will be approved. If parties cannot agree - contact Jessica in the clerks office to contact the Judge. Mr. Gotham will get the order circulated. (RE: related document(s)[184] Motion to Borrow filed by Debtor Strawberry Hill Povitica, Inc., [187] Order on Motion to Expedite Hearing, [190] Objection filed by U.S. Trustee U.S. Trustee, [192] Objection filed by Creditor CrossFirst Bank) Order due by 8/27/2025. (kjd) |
| 08/13/2025 | Hearing Set (RE: related document(s)[184] Motion to Borrow filed by Debtor Strawberry Hill Povitica, Inc., [190] Objection filed by U.S. Trustee U.S. Trustee) Hearing to be held on 8/13/2025 at 10:45 AM Kansas City Courtroom 144 for [190] and for [184], (kjc2) | |
| 08/13/2025 | 192 | Objection to (related document(s): [184] Emergency Motion to Borrow $400,000.00 from Michael Hurley and Anthony Rock, Jr. filed by Debtor Strawberry Hill Povitica, Inc., [191] Amended Motion to Borrow $400,000.00 from Michael Hurley and Anthony Rock, Jr. filed by Debtor Strawberry Hill Povitica, Inc.) Limited Objection and Reservation of Rights of CrossFirst Bank to Debtor's Amended Emergency Motion to Incur Post-Petition Financing Pursuant to 11 U.S.C. 364(a) or (b) and Granting Security Interests Filed by Creditor CrossFirst Bank (Zluticky, Nicholas) |
| 08/12/2025 | 191 | Amended Motion to Borrow $400,000.00 from Michael Hurley and Anthony Rock, Jr. Filed on behalf of Debtor Strawberry Hill Povitica, Inc. (Attachments: # (1) Exhibit 1 # (2) Exhibit 2), with Certificate of Service.(Gotham, Colin) |