Warren W. Hill Co., Inc.
7
03/18/2013
06/04/2019
Yes
| NTCAPR, CAPE |
Assigned to: Judge Joan N. Feeney Chapter 7 Voluntary Asset |
|
Debtor Warren W. Hill Co., Inc.
4 South Mill Street Nantucket, MA 02554 Tax ID / EIN: 04-2771337 |
represented by |
Christopher M. Condon
Murphy & King, Professional Corporation One Beacon Street Boston, MA 02108 (617) 423-0400 (ext. 441) Fax : (617) 423-0498 Email: cmc@murphyking.com |
Assistant U.S. Trustee John Fitzgerald
Office of the US Trustee J.W. McCormack Post Office & Courthouse 5 Post Office Sq., 10th Fl, Suite 1000 Boston, MA 02109 |
| |
Trustee Warren E. Agin
Swiggart & Agin LLC 197 Portland Street Fourth Floor Boston, MA 02114 617-742-0110 ext. 203 |
represented by |
Warren E. Agin
Swiggart & Agin LLC 197 Portland Street Fourth Floor Boston, MA 02114 617-742-0110 ext. 203 Email: wea@swiggartagin.com Taylor A. Greene
841 Worcester St Ste 135 Natick, MA 01760 (617) 959-6760 Email: tayloragreene@gmail.com |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/24/2016 | 109 | Order dated 6/24/2016 Re: 101Amended Motion filed by Trustee Warren E. Agin for Sale of Property free and clear of liens under Section 363(f) Re: Rights to Certain Causes of Action 86Trustee's Motion for Sale of Property.SEE ORDER FOR FULL TEXT. (chy) (Entered: 06/24/2016) |
| 06/20/2016 | 108 | Order dated 6/20/2016 Re: 101Amended Motion filed by Trustee Warren E. Agin for Sale of Property free and clear of liens under Section 363(f) Re: Rights to Certain Causes of Action 86 Trustee's Motion for Sale of Property.STATUS CONFERENCE HELD. FOR THE REASONS STATED ON THE RECORD, THE COURT WOULD NOT APPROVE THE PROPOSED ORDER SUBMITTED BY THE CHAPTER 7 TRUSTEE AND THE COURT DIRECTED THE CHAPTER 7 TRUSTEE TO SUBMIT A REVISED PROPOSED ORDER. A FURTHER HEARING ON THE SALE SHALL BE HELD ON JULY 19, 2016 AT 11:30 A.M. (chy) (Entered: 06/20/2016) |
| 06/09/2016 | 107 | Certificate of Service of Notice of Hearingon June 20, 2016, at 10:15 am(Re: 101Motion to Sell) filed by Trustee Warren E. Agin (Agin, Warren) (Entered: 06/09/2016) |
| 06/09/2016 | 106 | Status Conference to be held on 6/20/2016 at 10:15 AM at Boston Courtroom 1, 12th Floor, 5 Post Office Square, Boston, MA 02109 Re: 101Amended Motion filed by Trustee Warren E. Agin for Sale of Property Free and Clear of Liens under Section 363(f) Re: Rights to Certain Causes of Action Re: 86Trustee's Motion for Sale of Property. (pd) (Entered: 06/09/2016) |
| 05/27/2016 | 105 | Order dated 5/27/2016 Re: 101Amended Motion filed by Trustee Warren E. Agin for Sale of Property free and clear of liens under Section 363(f) Re: Rights to Certain Causes of Action 86Trustee's Motion for Sale of Property.UPON CONSIDERATION OF 1) THE MOTION OF CHAPTER 7 TRUSTEE FOR AUTHORITY TO SELL RIGHTS TO CERTAIN CAUSES OF ACTION AT PUBLIC AUTION PURSUANT TO 11 U.S.C. SEC. 363 FILED ON FEBRUARY 4, 2016; 2) THE OPPOSITION OF WARREN HILL FILED ON MARCH 21, 2016 IN WHICH HE CONTENDS THAT THE AUCTION IS AN ATTEMPT TO EVADE AN ORDER OF JUDGE WILLIAM C. HILLMAN REJECTING A SETTLEMENT PROPOSED BY THE CHAPTER 7 TRUSTEE; 3) THE REPRESENTATIONS AND ARGUMENTS MADE AT THE HEARING HELD ON MARCH 28, 2016; 4) THE STATEMENT OF THE CHAPTER 7 TRUSTEE REGARDING HIS MOTION FOR AUTHORITY TO SELL IN WHICH HE STATED "EVEN IF MR. FENCERS FIRM CONCLUDES THAT IT IS WILLING TO HANDLE THE LITIGATION ON A PURE CONTINGENCY BASIS, HE HAS INFORMED THE TRUSTEE THAT THE ESTATE WOULD HAVE TO ADVANCE THE COSTS NEEDED TO ENGAGE AND PAY AN EXPERTWITNESS. HE ADVISES THIS WILL COST A MINIMUM OF $75,000. BECAUSE THE ESTATE IS UNABLE TO FUND THIS EXPENSE, THE TRUSTEE IS NOT WILLING TO ENGAGE MICHAEL FENCER AS SPECIAL COUNSEL AND REQUESTS THAT THE COURT SCHEDULE A CONTINUEDHEARING ON THE SALE MOTION;" 5) THE REPRESENTATIONS AND ARGUMENTS MADE AT THE HEARING HELD ON MAY 10, 2016; 6) THE TRUSTEE'S AMENDED MOTION FOR AUTHORITY TO SELL; AND 7) THE OPPOSITION OF WARREN HILL IN WHICH HE REITERATES ARGUMENTS PREVIOUSLY MADE IN OPPOSITION TO THE SALE, THE COURT OVERRULES MR. HILL'S OBJECTION AND GRANTS THE CHAPTER 7 TRUSTEE AUTHORITY TO SELL THE CAUSES OF ACTION AT PUBLIC AUCTION. IN VIEW OF THE CIRCUMSTANCES OF THIS CASE AND AMPLELEGAL AUTHORITY IN THIS AND OTHER CIRCUITS, THIS COURT DEFERS TO THE CHAPTER 7 TRUSTEE'S BUSINESS JUDGMENT WITH RESPECT TO HIS DECISION TO SELL THE CAUSES OF ACTION AT PUBLIC AUCTION. SEE DISTEFANO V. STERN (IN RE JFD ENTERS., INC.), 215 F.3D 1312 (1ST CIR. 2000); IN RE MURPHY, 288 B.R. 1, 5 (BANKR. D. ME. 2002). (chy) (Entered: 05/27/2016) |
| 05/23/2016 | 104 | Opposition with certificate of service filed by Stockholder Warren W. Hill Re: 101Amended Motion filed by Trustee Warren E. Agin for Sale of Property free and clear of liens under Section 363(f) Re: Rights to Certain Causes of Action 86. (Morrissey, Francis) (Entered: 05/23/2016) |
| 05/17/2016 | Receipt of filing fee for Motion to Sell(13-11423) [motion,msell] ( 176.00). Receipt Number No fee due for amend, amount $ 176.00 (re: Doc# 101) (cogorman) (Entered: 05/17/2016) | |
| 05/16/2016 | 103 | Certificate of Service (Re: 101Motion to Sell, 102Notice) filed by Trustee Warren E. Agin (Agin, Warren) (Entered: 05/16/2016) |
| 05/16/2016 | 102 | Noticeof Objection Deadline on May 23, 2016, at 4:30 pm(Re: 101Motion to Sell) filed by Trustee Warren E. Agin (Agin, Warren) (Entered: 05/16/2016) |
| 05/16/2016 | 101 | Amended Motion filed by Trustee Warren E. Agin for Sale of Property free and clear of liens under Section 363(f) Re: Rights to Certain Causes of Action 86Trustee's Motion for Sale of Propertywith certificate of service. (Attachments: # 1Proposed Order Proposed Order) (Agin, Warren) (Entered: 05/16/2016) |