Case number: 6:17-bk-60935 - 417 Rentals, LLC - Missouri Western Bankruptcy Court

Case Information
  • Case title

    417 Rentals, LLC

  • Court

    Missouri Western (mowbke)

  • Chapter

    11

  • Judge

    Bankruptcy Judge Cynthia A. Norton

  • Filed

    08/25/2017

  • Asset

    Yes

  • Vol

    v

Docket Header
DEC, Repeat-mowb



U.S. Bankruptcy Court
Western District of Missouri (Springfield)
Bankruptcy Petition #: 17-60935-can11

Assigned to: Bankruptcy Judge Cynthia A. Norton
Chapter 11
Voluntary
Asset


Date filed:  08/25/2017
Debtor dismissed:  01/16/2019
341 meeting:  10/18/2017

Debtor 1

417 Rentals, LLC

5759 W Highway 60
Brookline, MO 65619
GREENE-MO
Tax ID / EIN: 26-1674178

represented by
Joel Pelofsky

Berman DeLeve Kuchan & Chapman, LC
1100 Main Street
Suite 2850
Kansas City, MO 64105
816-471-5900
Fax : 816-842-9955
Email: jpelofsky@bdkc.com

Ronald S. Weiss

Berman DeLeve Kuchan & Chapman
1100 Main Street
Suite 2850
Kansas City, MO 64105
816-471-5900
Fax : 816-842-9955
Email: rweiss@bdkc.com

U.S. Trustee

U.S. Trustee

Room 3440
400 East 9th Street
Kansas City, MO 64106-1910
represented by
Lloyd E. Mueller

Office of the U.S. Trustee
400 E 9th St
KC, MO 64106
816-512-1946
Email: lloyd.e.mueller@usdoj.gov

Latest Dockets

Date Filed#Docket Text
02/14/2019Bankruptcy Case Closed. (Smith, Mindy)
01/28/2019766
Order of the Court

The Court has reviewed the Motion of Debtor's Counsel to Amend the Court's Order Sustaining in Part his application for compensation. Citing Fed.R.Bankr.Proc. 60(a), Debtor's Counsel requests that the Court amend its Order to caption it instead as a "Judgment" so that Counsel can record the "Judgment" in state court. Counsel asserts that inserting the word "Judgment" would not change the content of the Court's Order. The Court disagrees. The word "judgment" is a legal term of art and a final judgment has legal ramifications, such as having res judicata effect. The Court is authorized to enter judgments in adversary proceedings under Rule 7058. Notably, Rule 7058 does not apply to contested matters under Rule 9014. Here, Counsel's application for compensation was an interim application under 11 U.S.C. Section 331 that sought compensation only through October 31, 2018. The Order allowing interim compensation was not a final determination of the reasonableness and necessity of the services provides since interim fee awards are always reviewable pending the Court's determination of the final application for compensation. The fact that the case was dismissed before Counsel could submit a final application does not convert the Court's Order into a "Judgment." See In re Trigee Foundation, Inc., 2017 WL 4457409 (Bankr. D.C. Sept. 29, 2017). Changing the Order to a Judgment would change the content and legal ramifications thereof, and is thus not appropriate. The Motion is hereby DENIED.

It is so ORDERED by /s/ Cynthia A. Norton.

The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law.

File the Certificate of Service and relate it to the
epo
category.

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.

(Related document(s) 765 Motion to Amend) (Graham, Beth)


(Entered: 01/28/2019)
01/25/2019765Motion to Amend Order of the Court Sustaining in Part the Application for Compensation by Debtor's Counsel. Filed by 417 Rentals, LLC. (related document(s)[760] Compensation granted filed by 417 Rentals, LLC) (Attachments: # (1) Exhibit A) (Weiss, Ronald)
01/19/2019764BNC Certificate of Mailing Notice Date 01/19/2019. (Related Doc [763]) (Admin.)
01/16/2019763Order Dismissing Case upon US Trustee's Motion to Dismiss Case. (related document(s)[241]) (Graham, Beth) The Bankruptcy Noticing Center will serve this Order on all creditors and parties.
01/16/2019762Order of the Court Debtor's Motion to Consolidate this case with case number 18-61100-can11 is hereby DENIED AS MOOT. It is so ORDERED by /s/ Cynthia A. Norton. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Related document(s)[678] Motion to Consolidate) (Graham, Beth)
01/16/2019761Order of the Court The Motion to Dismiss Case Filed by City of Springfield is hereby DENIED AS MOOT. It is so ORDERED by /s/ Cynthia A. Norton. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Related document(s)[514] Motion to Dismiss Case) (Graham, Beth)
01/16/2019760Order of the Court SUSTAINING IN PART the Application for Compensation for Ronald S. Weiss, Joel Pelofsky and the firm of Berman, DeLeve, Kuchan & Chapman, LLC, in the amount of - Fees: $146,848.50, Expenses: $13,980.57. It is so ORDERED by /s/ Cynthia A. Norton. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Related document(s)[703] Application for Compensation) (Graham, Beth)
01/16/2019759Hearing Held re: Motion to Dismiss Case Filed by U.S. Trustee (GRANTED); Motion to Dismiss filed by City of Springfield (DENIED AS MOOT); First Application for Compensation for Ronald S. Weiss, Joel Pelofsky and the firm of Berman, DeLeve, Kuchan & Chapman, LLC in the amount of - Fees: $155,672.50, Expenses: $13,980.57 (SUSTAINED IN PART, $146,848.50 IN FEES AND $13,980.57 IN EXPENSES); Motion to Consolidate Case with Case Number 18-61100 (DENIED AS MOOT) . ERO - JA (related document(s)[678], [514], [241], [703]) (Graham, Beth)
01/15/2019758Objection to Motion to Extend the Time Within Which to File its Third Amended Plan of Reorganization and Disclosure Statement filed by City of Springfield. (related document(s)[742] Motion to Extend Time) (Hoeman, Christopher)