Premier Tillage, Inc.
11
Dale L. Somers
03/18/2025
10/14/2025
Yes
v
| PlnDue, DsclsDue |
Assigned to: Chief Judge Dale L. Somers Chapter 11 Voluntary Asset |
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Debtor Premier Tillage, Inc.
2572 County Road 76 PO Box 207 Quinter, KS 67752 GOVE-KS Tax ID / EIN: 20-3856160 dba DC Welding & Repair, Inc. |
represented by |
Jonah W Lock
Lewis Rice LLC 10484 Marty St. Overland Park, KS 66212 913-648-6333 Fax : 913-642-8742 Email: jlock@lewisricekc.com Bradley D McCormack
The Sader Law Firm 2345 Grand Boulevard Suite 2150 Kansas City, MO 64108-2663 816-561-1818 Fax : 816-561-0818 Email: bmccormack@saderlawfirm.com Neil Steven Sader
Sader Law Firm LLC 2345 Grand Boulevard Suite 2150 Kansas City, MO 64108-2663 816-561-1818 Fax : 816-561-0818 Email: nsader@saderlawfirm.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 |
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 |
|---|---|---|
| 09/17/2025 | 185 | Agreed Order Partially Granting Debtor's Motion for the Sale of Assets Free and Clear of Liens, Claims, and Encumbrances to Unverferth Manufacturing Company (Related Doc # 140) Signed on 9/17/2025. (kns) (Entered: 09/17/2025) |
| 09/17/2025 | 184 | Agreed Extension of Final Order Regarding Use of Cash Collateral and Adequate Protection Motion to Use Cash Collateral. in the Ordinary Course of Business Filed on behalf of Debtor Premier Tillage, Inc. (Attachments: # 1 Exhibit A # 2 Creditor Matrix), with Certificate of Service. (Related Doc # 173) Signed on 9/17/2025. (kns) (Entered: 09/17/2025) |
| 09/12/2025 | Hearing Set (RE: related document(s)173 Motion to Use or Prohibit Use of Cash Collateral filed by Debtor Premier Tillage, Inc., 180 Objection filed by Creditor Equity Bank) Hearing to be held on 9/25/2025 at 01:15 PM Kansas City Courtroom 144 for 173 and for 180, (kns) (Entered: 09/12/2025) | |
| 09/11/2025 | 183 | ORDER CONTINUING HEARING. Reason for continuance: For agreed order. So ORDERED by s/ Dale L. Somers. (related documents 140 Motion to Sell, 149 Objection, 153 Objection) Hearing to be held on 10/9/2025 at 01:46 PM Kansas City Courtroom 144 for 140 and for 153 and for 149, (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. (Entered: 09/15/2025) |
| 09/11/2025 | 182 | Courtroom Minute Sheet (DLS), Ruling: Mr. McCormack: The amount of escrow is the issue, competing orders are being submitted amongst the parties to try to resolve the issue. The purchase price was reduced which necessitated additional math. Mr. Lasater and Ms. Swifts clients are preparing orders. I am attempting to consolidate to one order for the court. And information to the court the cash collateral has expired at the end of August and I believe an agreement will be reached to extend to end of September. We are trying to figure out how much to escrow and who to pay and do every effort in trying to get this sell closed without any changes to the purchase price. Ms. Swift: My understanding is that the debtor is no longer operating therefore adequate protection or replacement liens are not possible. We have an agreement on a budget and an extension of prior order is not necessary since we have an agreement on a budget. Mr. Lasater: Not sure if they have any current employees, they have payroll that needs to be paid for September. They have provided a budget and Northwest Kansas has consented. Regarding the sell order. We have been advised what the part numbers are for the collateral that is specific to Northwest Kansas Security Interest and Lien and we claim the purchase money lien. There was a proposal that was voted for proceeds and Equity Bank requested that Northwest Kansas agree to limit the amount of its claims to those funds of $271,000. We tentatively agreed then I submitted additional language that also asserted a claim to cash collateral in the debtors bank account. At the time they had over $500,000 and that we believe that was our cash collateral and that would be in addition to the $271,000. That language was not acceptable to Equity Bank. Within their rights we did not have a deal yet and that took it back to square one. We dont have an agreement on how much should be in the escrow. Equity Bank wants to escrow $271,000 but I am sure they dont want to allow $282,000 of the cash collateral to be paid out now. Judge: Why dont we escrow it all? Mr. Lasater: Im okay with that. I am willing to let them have 1.3 million dollars and only escrowing the stated amount of our secured claim. Mr. McCormack: We have broker and US Trustee fees that no one has contested and should get paid. Ms. Swift: Equity Banks position is only the amounts in dispute should be escrowed and not the entire amount. Judge: Why dont we escrow everything but the auctioneer fee, the trustee fees and the 1.374 Million. Mr. Lasater: That is our position. We still have a claim and the exact number is $423,215.42 and the net sell proceeds after allocating the broker, US Trustee and that escrow would result in Equity Bank receiving a payment of 1,374,186.60. Judge: unless someone objects pay Equity Bank the ,374,186.60, pay the trustees fee, pay the brokers fee and escrow every other penny. Parties agreed. Mr. McCormack will circulate an order. Continue to October 9th, 2025 @ 1:46PM Document #173 Motion to Use Cash Collateral was mentioned: Mr. McCormack asking for clarification. Judge: you dont need cash collateral just approval to pay $66,650. Mr. McCormack: its about seven line items that we need to pay. Judge: Mr. McCormack will submit an agreed order. (RE: related document(s)140 Motion to Sell filed by Debtor Premier Tillage, Inc., 149 Objection filed by U.S. Trustee U.S. Trustee, 153 Objection filed by Creditor Northwest Kansas Economic Innovation Center, Inc.) (kjd) (Entered: 09/15/2025) |
| 09/11/2025 | 181 | Notice to Withdraw Document 39 Filed by Bradley D McCormack on behalf of Premier Tillage, Inc. (RE: related document(s)39 Application to Employ Lisa Baalman of Pinion, LLC as Accountant Filed on behalf of Debtor Premier Tillage, Inc., with Certificate of Service.) (McCormack, Bradley) (Entered: 09/11/2025) |
| 09/11/2025 | 180 | Objection to (related document(s): 173 Motion to Use Cash Collateral. in the Ordinary Course of Business filed by Debtor Premier Tillage, Inc.) Filed by Creditor Equity Bank (Zluticky, Nicholas) (Entered: 09/11/2025) |
| 09/10/2025 | 179 | Notice of Objection Deadline. Proposed Hearing to be held 10/9/2025 at 1:46 pm. Certificate of Service on 9/10/2025. Filed by Thomas J. Lasater on behalf of Northwest Kansas Economic Innovation Center, Inc. (RE: related document(s)178 Motion to Prohibit or Condition Use of Cash Collateral. Filed on behalf of Creditor Northwest Kansas Economic Innovation Center, Inc., with Certificate of Service.) Objections due by 10/1/2025. (Lasater, Thomas) (Entered: 09/10/2025) |
| 09/10/2025 | 178 | Motion to Prohibit or Condition Use of Cash Collateral. Filed on behalf of Creditor Northwest Kansas Economic Innovation Center, Inc., with Certificate of Service.(Lasater, Thomas) (Entered: 09/10/2025) |
| 09/10/2025 | 177 | Notice to Withdraw Document Filed by Thomas J. Lasater on behalf of Northwest Kansas Economic Innovation Center, Inc. (RE: related document(s)175 Motion for Prohibit Use of Cash Collateral and to Pay Adequate Protection Filed on behalf of Creditor Northwest Kansas Economic Innovation Center, Inc., with Certificate of Service., 176 Notice of Objection Deadline. Proposed Hearing to be held 10/9/2025 at 1:46 pm. Certificate of Service on 9/10/2025. Filed by Thomas J. Lasater on behalf of Northwest Kansas Economic Innovation Center, Inc. (RE: related document(s)175 Motion for Prohibit Use of Cash Collateral and to Pay Adequate Protection Filed on behalf of Creditor Northwest Kansas Economic Innovation Center, Inc., with Certificate of Service.) Objections due by 10/1/2025.) (Lasater, Thomas) (Entered: 09/10/2025) |