57A Hillwood, LLC
7
Alan S. Trust
02/28/2023
12/23/2024
No
v
| DISMISSED, APPEAL |
Assigned to: Judge Alan S. Trust Chapter 7 Voluntary No asset Debtor disposition: Dismissed for Other Reason |
|
Debtor 57A Hillwood, LLC
155 Chardonnay Drive East Quogue, NY 11942 SUFFOLK-NY Tax ID / EIN: 92-2281070 |
represented by |
57A Hillwood, LLC
PRO SE |
Trustee Marc A. Pergament
Marc A. Pergament, Trustee 400 Garden City Plaza Ste 309 Garden City, NY 11530 516-877-2424 |
represented by |
Marc A. Pergament
Marc A. Pergament, Trustee 400 Garden City Plaza Ste 309 Garden City, NY 11530 516-877-2424 Fax : 516-877-2460 Email: mpergament@wgplaw.com |
U.S. Trustee United States Trustee
Long Island Federal Courthouse 560 Federal Plaza - Room 560 Central Islip, NY 11722-4437 (631) 715-7800 |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/23/2024 | 32 | Trustee Certification of Services Rendered Under 11 U.S.C. Section 330(e). I rendered the following service in the case and am eligible for payment under 11 U.S.C. Section 330(e): Filed a Report of No Distribution. I declare under penalty of perjury that the foregoing is true and correct. (Executed on 12/23/2024). Filed by Marc A. Pergament (RE: related document(s) Chapter 7 Trustee's Report of No Distribution filed by Trustee Marc A. Pergament). (Pergament, Marc) |
| 06/10/2024 | 31 | MANDATE ISSUED by US Court of Appeals 24-990. This case will be deemed dismissed effective on May 16, 2024 if an attorney admitted to practice in this Court does not file a notice of appearance on behalf of the incorporated business by that date. (RE: related document(s) Entry). Signed on 6/10/2024 (one) |
| 04/15/2024 | Notice of Docketing Record of Appeal to United States Court of Appeals for the Second Circuit. Civil Action Number #: 24-990. NOTICE OF BANKRUPTCY APPEAL, with district court docket, on behalf of Appellant 57A Hillwood, LLC. District Court #23-cv-09434-GRB (RE: related document(s)[22] Notice of Appeal filed by Debtor 57A Hillwood, LLC) (one) | |
| 03/15/2024 | 30 | DISTRICT COURTS CLERK'S JUDGMENT - Ordered and Adjudged that Appellant 57A Hillwood LLC take nothing of Appellee Deutsche Bank National Trust Company; that Appellants appeal is dismissed without prejudice; and that this case is closed. (RE: related document(s)20 Order on Motion to Reconsider, Vacate Dismissal Order, 22 Notice of Appeal filed by Debtor 57A Hillwood, LLC, Electronic Order from District Court) (alh) (Entered: 03/15/2024) |
| 03/15/2024 | Electronic Order from District Court, Appeal 23-cv-09434-GRB. ORDER DISMISSING CASE. By Order dated 1/03/2023,the Court advised Appellant 57A Hillwood, LLC that, as a limited liability company, it may not represent itself in this action. Lattanzio v. COMTA, 481 F.3d 137, 139-140 (2d Cir. 2007) ("Because both a partnership and a corporation must appear through licensed counsel, and because a limited liability company is a hybrid of the partnership and corporate forms, see Bischoff v. Boar's Head Provisions Co., 436 F.Supp.2d 626, 631-32 (S.D.N.Y.2006), a limited liability company... may appear in federal court only through a licensed attorney."); see Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) ("[I]t is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se."). As such, Appellant 57A Hillwood, LLC, was advised that, as a limited liability company, it may not represent itself in this action. Appellant 57A Hillwood, LLC was advised that it must retain counsel within forty-five days of the date of the 1/03/2024 Order, and that failure to retain counsel within this time may result in dismissal of the appeal. On 2/14/2024, Appellant 57A Hillwood, LLC was again advised that, as a limited liability company, it may not represent itself in this action. Lattanzio v. COMTA, 481 F.3d 137, 139-140 (2d Cir. 2007) ("Because both a partnership and a corporation must appear through licensed counsel, and because a limited liability company is a hybrid of the partnership and corporate forms, see Bischoff v. Boar's Head Provisions Co., 436 F.Supp.2d 626, 631-32 (S.D.N.Y.2006), a limited liability company... may appear in federal court only through a licensed attorney."); see Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) ("[I]t is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se."). As such, Appellant 57A Hillwood, LLC, was advised that, as a limited liability company, it may not represent itself in this action. Appellant 57A Hillwood, LLC was further advised that it must retain counsel by February 19, 2024, and that failure to retain counsel within this time may result in dismissal of the appeal. To date, Appellant 57A Hillwood, LLC has neither advised the Court that Appellant has retained counsel nor does the docket report for this case reflect a Notice of Appearance by an attorney on behalf of Appellant. Accordingly, Appellant 57A Hillwood, LLC's appeal is dismissed without prejudice. The Clerk of the Court is respectfully directed to mail a copy of this order to Appellant 57A Hillwood, LLC and close the case. Ordered by Judge Gary R. Brown on 3/14/2024. (RE: related document(s)22 Notice of Appeal filed by Debtor 57A Hillwood, LLC) (alh) (Entered: 03/15/2024) | |
| 01/23/2024 | 29 | Incomplete Transmittal of Additional Record on Appeal to District Court in reference to Civil Case Number: 23-cv-09434-GRB - No Designations Filed (RE: related document(s)20 Order on Motion to Reconsider, Vacate Dismissal Order, 22 Notice of Appeal filed by Debtor 57A Hillwood, LLC) (alh) (Entered: 01/23/2024) |
| 12/26/2023 | 28 | Notice of Docketing Record on Appeal to District Court. Civil Action Number: 23-cv-09434 District Court Judge Gary R. Brown assigned. (RE: related document(s)22 Notice of Appeal filed by Debtor 57A Hillwood, LLC) (alh) (Entered: 12/26/2023) |
| 12/23/2023 | 27 | BNC Certificate of Mailing with Application/Notice/Order Notice Date 12/23/2023. (Admin.) |
| 12/23/2023 | 26 | BNC Certificate of Mailing with Notice/Order Notice Date 12/23/2023. (Admin.) |
| 12/21/2023 | 25 | Transmittal of Notice of Appeal to District Court (RE: related document(s)[20] Order on Motion to Reconsider, Vacate Dismissal Order, [22] Notice of Appeal filed by Debtor 57A Hillwood, LLC) (Attachments: # (1) Bankruptcy Docket) (alh) |