Case number: 2:16-bk-22776 - Corevac, LLC - Wisconsin Eastern Bankruptcy Court

Case Information
Docket Header
NTCAPR, DISMISSED, TERMINATED



U.S. Bankruptcy Court
Eastern District of Wisconsin (Milwaukee)
Bankruptcy Petition #: 16-22776-beh

Assigned to: Beth E. Hanan
Chapter 7
Involuntary


Debtor disposition:  Dismissed for Other Reason
Date filed:  03/30/2016
Date terminated:  07/06/2016
Debtor dismissed:  07/06/2016

Alleged Debtor

Corevac, LLC

W2385 County Road A South
Oostburg, WI 53070
Tax ID / EIN: 20-4578317

represented by
John R. Schreiber

O'Neil, Cannon, Hollman, DeLong S.C.
111 E. Wisconsin Ave., Ste 1400
Milwaukee, WI 53202
414-276-5000
Email: john.schreiber@wilaw.com

U.S. Trustee

Office of the U. S. Trustee

517 East Wisconsin Ave.
Room 430
Milwaukee, WI 53202
414-297-4499

 
 
Petitioning Creditor

Wisconsin Laborers Health Fund

4633 Liuna Way, Suite 201
DeForest, WI 53532

represented by
Christopher J. Ahrens

The Previant Law Firm, S.C.
310 West Wisconsin Avenue
Suite 100 MW
Milwaukee, WI 53203
414-271-4500
Email: cja@previant.com

Petitioning Creditor

Building & Public Works Laborers Vacation Fund

4633 Liuna Way, Suite 201
DeForest, WI 53532

represented by
Christopher J. Ahrens

(See above for address)

Petitioning Creditor

Wisconsin Laborers Apprenticeship & Training Fund

4633 Liuna Way, Suite 201
DeForest, WI 53532

represented by
Christopher J. Ahrens

(See above for address)

Petitioning Creditor

Building Trades United Pension Trust Fund

500 Elm Grove Road
Suite 300
Elm Grove, WI 53122

represented by
Christopher J. Ahrens

(See above for address)

Petitioning Creditor

International Union of Operating Engineers, Local 139

c/o Construction Business Group
4702 S. Biltmore Lane
Madison, WI 53718

represented by
Cynthia L. Buchko

Construction Business Group
4720 S. Biltmore Lane
Madison, WI 53718
608-576-2920
Email: c.buchko@cbgwi.com

Petitioning Creditor

Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund

c/o Construction Business Group
4702 S. Biltmore Lane
Madison, Wi 53718

represented by
Cynthia L. Buchko

(See above for address)

Petitioning Creditor

Joint Labor Management Work Preservation Fund

c/o Construction Business Group
4702 S. Biltmore Lane
Madison, WI 53718

represented by
Cynthia L. Buchko

(See above for address)

Petitioning Creditor

Operating Engineers Local 139 Health Benefit Fund

c/o Construction Business Group
4702 S. Biltmore Lane
Madison, Wi 53718
represented by
Cynthia L. Buchko

(See above for address)

Latest Dockets

Date Filed#Docket Text
07/07/201614PDF with attached Audio File. Court Date & Time [ 7/6/2016 11:02:17 AM ]. File Size [ 3288 KB ]. Run Time [ 00:06:51 ]. (Motion to Dismiss). (admin). (Entered: 07/07/2016)
07/06/2016Bankruptcy Case Terminated. (sko, Deputy Clerk) (Entered: 07/06/2016)
07/06/201613Order Granting Petitioning Creditors' and Debtor's Amended Joint Motion for Dismissal of Involuntary Bankruptcy Petition. (Related Doc # 12) (sko, Deputy Clerk) (Entered: 07/06/2016)
06/15/201612Amended Motion to Dismiss Case with Notice of Motion and Certificate of Service filed by Christopher J. Ahrens of Previant, Goldberg, Uelmen, et al. on behalf of Petitioning Creditors Building & Public Works Laborers Vacation Fund, Building Trades United Pension Trust Fund, Wisconsin Laborers Apprenticeship & Training Fund, Wisconsin Laborers Health Fund. Hearing scheduled 7/6/2016 at 11:00 AM at United States Courthouse at 517 East Wisconsin Avenue, Room 149, Milwaukee, Wisconsin. Objections due by 7/6/2016. (Attachments: # 1Notice of Amended Joint Motion # 2Proposed Order # 3Certificate of Service # 4Attachment to Certificate of Service) (Ahrens, Christopher) (Entered: 06/15/2016)
06/08/2016On June 8, 2016, the court held a hearing on the petitioning creditors' and alleged debtor's joint motion to dismiss this case ( 6). Attorney Christopher J. Ahrens appeared for the petitioning creditors and Attorney John Schreiber appeared for Corevac, LLC. The court noted that the Bankruptcy Code and Rules require notice to all creditors and a hearing on a motion to dismiss under section 303(j). Counsel informed the court that the list of creditors filed with the motion was provided by Corevac LLC, which satisfied the court that service was made on all creditors. The court explained that the purpose of the notice and hearing requirement before dismissal of an involuntary petition is to protect non-petitioning creditors, and also to ensure that there have not been any collusive settlements between the petitioning creditors and the debtor. The court observed that the motion to dismiss did not provide a reason for the request or refer to a settlement between the parties, so the court asked the parties to explain the basis for their stipulated dismissal motion. Attorney Ahrens stated that Corevac's counsel had been able to demonstrate to the petitioning creditors that the company could exist as a going concern outside of bankruptcy. Attorney Ahrens stated that the parties had not entered into a formal settlement agreement, but that a settlement agreement existed in principle and needed to be fleshed out. Because the court's role at this juncture is to ensure that any proposed settlement treats similarly situated creditors equally, the court requested that the parties file an amended joint motion for dismissal, which explains the rationale for the motion and includes either a copy of any formal settlement agreement that has been reached, or an outline of any tentative settlement terms (sufficient for the court and non-petitioning creditors to ensure that all similarly situated creditors will receive equal treatment). The amended motion should be served on all creditors with a notice of hearing, indicating that the hearing on the motion will be held on July 6, 2016 at 11:00 a.m. The court will await the parties' amended motion. An audio recording of the hearing is available on the docket. (mhb) (Entered: 06/10/2016)
06/08/201611PDF with attached Audio File. Court Date & Time [ 6/8/2016 2:31:25 PM ]. File Size [ 14416 KB ]. Run Time [ 00:30:02 ]. (Motion to Dismiss). (admin). (Entered: 06/08/2016)
06/07/201610Affidavit of No Objection/Response/Answer Filed by Petitioning Creditors Building & Public Works Laborers Vacation Fund, Building Trades United Pension Trust Fund, Wisconsin Laborers Apprenticeship & Training Fund, Wisconsin Laborers Health Fund (Re: 6Joint Motion to Dismiss Case )with Notice Objections due by 6/3/2016. (Ahrens, Christopher) (Entered: 06/07/2016)
05/26/20169Notice of Appearance and Request for Notice filed by Alleged Debtor Corevac, LLC (Schreiber, John) (Entered: 05/26/2016)
05/23/20168Correspondence filed by Lisa Marshall on behalf of Bootheel Rentals . (sko, Deputy Clerk) (Entered: 05/23/2016)
05/23/20167Notice of Appearance and Request for Notice filed by Petitioning Creditors International Union of Operating Engineers, Local 139, Wisconsin Operating Engineers Skill Improvement and Apprenticeship Fund, Joint Labor Management Work Preservation Fund, Operating Engineers Local 139 Health Benefit Fund (Buchko, Cynthia) (Entered: 05/23/2016)