Case number: 4:22-bk-40324 - Bambu Vault LLC - Massachusetts Bankruptcy Court

Case Information
  • Case title

    Bambu Vault LLC

  • Court

    Massachusetts (mabke)

  • Chapter

    7

  • Judge

    Elizabeth D. Katz

  • Filed

    04/29/2022

  • Last Filing

    06/26/2023

  • Asset

    Yes

  • Vol

    v

Docket Header
DebtEd, CounDue, NTCAPR, DEFER, FeeDue



United States Bankruptcy Court
District of Massachusetts (Worcester)
Bankruptcy Petition #: 22-40324

Assigned to: Judge Elizabeth D. Katz
Chapter 7
Voluntary
Asset


Date filed:  04/29/2022
341 meeting:  06/08/2022

Debtor

Bambu Vault LLC

116 John Street
Lowell, MA 01852
Tax ID / EIN: 06-1632301
aka
Performance Indicator LLC


represented by
Kathleen R. Cruickshank

Murphy & King, P.C.
28 State Street
Ste 3101
Boston, MA 02109
617-423-0400
Email: kcruickshank@murphyking.com

Harold B. Murphy

Murphy & King, P.C.
28 State Street
Ste 3101
Boston, MA 02109
617-423-0400
Email: bankruptcy@murphyking.com

Assistant U.S. Trustee

Richard King

Office of US. Trustee
446 Main Street
14th Floor
Worcester, MA 01608

 
 
Trustee

Janice G Marsh

Janice G. Marsh, LLC
210 Park Avenue
No. 356
Worcester, MA 01609
978-621-4296
represented by
Robert Girvan

Weiner Law Firm, P.C.
1441 Main Street
Suite 610
Springfield, MA 01103
4137326840
Email: rgirvan@weinerlegal.com

Janice G. Marsh

Janice G. Marsh, LLC
210 Park Avenue
No. 356
Worcester, MA 01609
978-621-4296
Email: JGMarsh@janicegmarshllc.com

Gary M. Weiner

Weiner Law Firm, P.C.
1441 Main Street
Suite 610
Springfield, MA 01103
(413) 732-6840
Fax : 413-785-5666
Email: GWeiner@Weinerlegal.com

Latest Dockets

Date Filed#Docket Text
11/01/2022105Endorsed Order dated 11/1/2022 Re: 103 Motion filed by Trustee Janice G Marsh to Limit Notice [Re: 102 Motion for Joint Administration].
ALLOWED.
(pf) (Entered: 11/01/2022)
11/01/2022104Endorsed Order dated 11/1/2022 Re: 100 Motion filed by Trustee Janice G Marsh to Limit Notice [Re: 99 Motion to Sell].
ALLOWED.
(pf) (Entered: 11/01/2022)
11/01/2022103Motion filed by Trustee Janice G Marsh to Limit Notice [Re: 102 Motion for Joint Administration] with certificate of service. (Girvan, Robert) (Entered: 11/01/2022)
11/01/2022102Motion filed by Trustee Janice G Marsh for Entry of Order Directing Joint Administration with Case # 22-40323 and Request for Substantive Consolidation of Chapter 7 Cases. (Girvan, Robert) (Entered: 11/01/2022)
11/01/2022101Notice of Intent to Sell PROTEINSIMPLE WESTERN BLOT "JESS" MACHINE. Hearing scheduled for 12/8/2022 at 11:00 AM at Springfield Courtroom - Berkshire. Objections due by 12/1/2022 at 04:00 PM. (Re: 99 Trustee's Motion filed by Janice G Marsh for Order (I) Approving Private Sale of Property of the Estate Under Section 363 (b), (II) Approving Stipulation as to Administrative Rent Claim of LabShares and (III) for Related Relief Re: ProteinSimple Western Blot "Jess" machine. (pf) (Entered: 11/01/2022)
11/01/2022100Motion filed by Trustee Janice G Marsh to Limit Notice [Re: 99 Motion to Sell] with certificate of service. (Girvan, Robert) (Entered: 11/01/2022)
11/01/202299Trustee's Motion filed by Janice G Marsh for Order (I) Approving Private Sale of Property of the Estate Under Section 363 (b), (II) Approving Stipulation as to Administrative Rent Claim of LabShares and (III) for Related Relief Re: ProteinSimple Western Blot "Jess" machine. (Attachments: # 1 Exhibit A- Notice of Intended Private Sale # 2 Exhibit B - Stipulation on the Administrative Claim # 3 Exhibit C - Trustee's Bill of Sale) (Girvan, Robert) (Entered: 11/01/2022)
10/28/202298Proceeding Memorandum and Order dated 10/28/2022 Re: 85 Motion filed by Trustee Janice G Marsh to Pay Auctioneer.
GRANTED
INASMUCH AS THE TRUSTEE IS AUTHORIZED TO PAY THE APPROVED FEES. HOWEVER, PURSUANT TO 11 U.S.C. 726(b), THE FEES MAY BE SUBJECT TO DISGORGEMENT TO THE EXTENT NECESSARY TO INSURE PRO RATA DISTRIBUTION TO SIMILARLY-SITUATED ADMINISTRATIVE CLAIMANTS. (pf) (Entered: 10/28/2022)
10/28/2022Hearing Held Re: 85 Motion filed by Trustee Janice G Marsh to Pay Auctioneer. (pf) (Entered: 10/28/2022)
10/26/202297Order dated 10/26/2022 Re: 21 Motion filed by Creditor AP Boott Mills, LLC to Compel i) Payment of Administrative Rent or, Alternatively, for Allowance and Payment of an Administrative Claims; and ii) Removal of the Hazardous Material. THE MOTION OF AP BOOTT MILLS, LLC TO COMPEL [DOCKET #21] (THE "MOTION") IS
GRANTED
INASMUCH AS THE COURT RULES THAT THE AMOUNT PREVIOUSLY ORDERED TO BE PAID TO AP BOOTT MILLS, LLC PURSUANT TO 11 U.S.C. 365(d)(3), SEE DOCKET #76, IS NOT SUBJECT TO DISGORGEMENT IN THE EVENT THE ESTATE IS ADMINISTRATIVELY INSOLVENT. THIS COURT AGREES WITH THOSE COURTS THAT HAVE HELD "THAT THE BETTER POSITION, AS ARTICULATED IN [IN RE TELESPHERE COMMC'NS, INC., 148 B.R. 525 (BANKR. N.D. ILL. 1992)], IS THAT § 365(d)(3) REQUIRES IMMEDIATE PAYMENT, EVEN WHERE THE ESTATE IS ADMINISTRATIVELY INSOLVENT." IN RE MCCABE, 212 B.R. 21, 22 (BANKR. D. MASS. 1996). FURTHERMORE, THE AMOUNT TO BE PAID PURSUANT TO 11 U.S.C. 365(d)(3) IS NOT REDUCED OR OFFSET BY THE SECURITY DEPOSIT CURRENTLY HELD BY AP BOOTT MILLS, LLC, AS "[P]RECEDENT UNDER BOTH § 365(d)(3) AND § 553 OVERWHELMINGLY HOLDS THAT PRE-PETITION SECURITY DEPOSITS MAY BE APPLIED AGAINST PRE-PETITION CLAIMS, WHETHER ARREARAGES OR REJECTION DAMAGES," AND NOT AGAINST CLAIMS UNDER 11 U.S.C. 365(d)(3). IN RE LEATHER FACTORY INC., 475 B.R. 710, 718-19 (BANKR. C.D. CAL. 2012). THE COURT NOTES THAT THE CHAPTER 7 TRUSTEE HAS NOT FILED A SUPPLEMENTAL BRIEF AS PERMITTED BY THE COURT'S SEPTEMBER 9, 2022 ORDER [DOCKET #76]. THE HEARING ON THE MOTION SET FOR OCTOBER 28, 2022 IS CANCELED. (pf) (Entered: 10/26/2022)