Calouette Construction Services, LLC
7
G. Michael Halfenger
02/07/2019
03/29/2024
Yes
i
| SCHEDULESDUE, NTCAPR, ASSETS |
Assigned to: G. Michael Halfenger Chapter 7 Involuntary Asset |
|
Debtor Calouette Construction Services, LLC
4330 Conifer Court Union Grove, WI 53182 Tax ID / EIN: 46-5466644 |
represented by |
Jonathan V. Goodman
Law Offices of Jonathan V. Goodman Suite 707 788 North Jefferson Street Milwaukee, WI 53202-3739 414-276-6760 Fax : 414-287-1199 Email: jgoodman@ameritech.net |
Trustee John M. Scaffidi
4701 North Port Washington Road P.O. Box 11975 Milwaukee, WI 53211 414-963-9303 |
represented by |
John M. Scaffidi
4701 North Port Washington Road P.O. Box 11975 Milwaukee, WI 53211 414-963-9303 Fax : 414-963-1376 Email: jmstrustee@rsmlaw.com |
U.S. Trustee Office of the U. S. Trustee
517 East Wisconsin Ave. Room 430 Milwaukee, WI 53202 414-297-4499 |
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Petitioning Creditor Building Trades United Pension Trust Fund
500 Elm Grove Road Elm Grove, WI 53122 TERMINATED: 03/07/2019 |
represented by |
Philip Thompson
310 W. Wisconsin Ave. Suite 100MW Milwaukee, WI 53203 414-271-4500 Fax : 414-271-6308 Email: pet@previant.com TERMINATED: 03/07/2019 |
Petitioning Creditor Wisconsin Laborers Health Fund
4633 Liuna Way DeForest, WI 53532 TERMINATED: 03/07/2019 |
represented by |
Philip Thompson
(See above for address) TERMINATED: 03/07/2019 |
Petitioning Creditor Wisconsin Laborers District Council
4633 Liuna Way, Suite 201 DeForest, WI 53532 TERMINATED: 03/07/2019 |
represented by |
Philip Thompson
(See above for address) TERMINATED: 03/07/2019 |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/13/2019 | 88 | Order Authorizing Trustee's Sale of Property by Public Auction and to Pay Lien Balances Owed to Lien Holders (Related Doc # 67). (jah, Deputy Clerk) (Signed: 06/13/2019) (Entered: 06/13/2019) |
| 06/13/2019 | 87 | Proposed Order Autorizing Trustee's Sale of Property by Public Auction and to Pay Lien Balances Owed to Lien Holders RE: 67 - Motion to Sell filed by Attorney John M. Scaffidi on behalf of John M. Scaffidi. (Scaffidi, John) (Entered: 06/13/2019) |
| 06/13/2019 | 86 | Support/Supplement Re: Motion by Trustee for Authority to Sell Property of the Estate Pursuant to 11 U.S.C. 363(b) and (1) b Public Auction and to pay Lien Balances owed to Lien Holders (Docket a#67) filed by John M. Scaffidi on behalf of John M. Scaffidi. (Scaffidi, John) (Entered: 06/13/2019) |
| 06/13/2019 | Withdrawal of Document. This document is being withdrawn because supplemental information needed filed by John M. Scaffidi on behalf of John M. Scaffidi. (RE: 84 Proposed Order). (Scaffidi, John) (Entered: 06/13/2019) | |
| 06/12/2019 | ORDER: The trustee moves to sell property of the estate at an upcoming auction and to pay immediately holders of liens on the property that he proposes to sell. This all makes sense. And the motion is generally well presented and acceptable in principle. But the motion states that it seeks permission to pay "lien holders . . . the amounts listed on the attached list plus a per diem until the time of payment", without anywhere identifying these "lienholders". ECF No. 67, at 3. A chart of the items to be sold filed with the motion states that two of the items to be sold have estimated lien amounts of $7,990 and $5,580. ECF No. 67, at 4. Neither the motion nor the chart states who holds those liens. Moreover, the motion does not provide the information needed to understand how the trustee will calculate the per diem interest to which the motion refers in passing. Per diem at what rate? If the undisclosed lienholders are oversecured, as the trustee's filings suggest, section 506 would entitle them to post-petition interest and reasonable costs. Some courts, however, have concluded that what loan documents nominally refer to as default interest is really a charge, which section 506 authorizes only if reasonable. In all events, the motion's disclosure on this front is too thin to allow the court to meaningfully review what the trustee proposes to pay these unnamed parties and the basis for those payments. Perhaps all that information can be determined from a review of the filed claims, but that is a journey that the court is not inclined to undertake without guidance from the trustee. Additionally, the trustee's proposed order provides that the auctioneer will collect and remit all applicable taxes and credit card charges. The motion, however, makes no mention of these costs. It is improper to include relief in a proposed order that is not requested in a motion. The court will not act on the motion until the trustee supplements it to address these issues. Notice of any such supplementation is limited to those parties who receive electronic notice; the trustee need serve no one else. The trustee need not afford an additional opportunity to object based on the supplementation. The court will undertake to act on the motion as supplemented as soon as possible. The trustee may (and should) alert the court's staff by telephone if he files the supplemental information described above so that the court will know to revisit the proposed order granting the motion. (RE: 67 Motion to Sell filed by Trustee John M. Scaffidi, 85 Correspondence filed by Trustee John M. Scaffidi). (Halfenger, G.) (Entered: 06/12/2019) | |
| 06/11/2019 | 85 | Correspondence filed by John M. Scaffidi on behalf of John M. Scaffidi. (RE: 84 Proposed Order). (Scaffidi, John) (Entered: 06/11/2019) |
| 06/10/2019 | 84 | Withdrawn Proposed Order Authorizing Trustee's Sale of Property by Public Auction and to pay Lien Balances Owed to Lien Holders RE: 67 - Motion to Sell filed by Attorney John M. Scaffidi on behalf of John M. Scaffidi. Any required notice period has run without objection. (Scaffidi, John) Modified on 6/14/2019 (cs, Deputy Clerk). (Entered: 06/10/2019) |
| 06/10/2019 | Withdrawal of Document. This document is being withdrawn because Scan to PDF problems filed by John M. Scaffidi on behalf of John M. Scaffidi. (RE: 82 Proposed Order). (Scaffidi, John) (Entered: 06/10/2019) | |
| 06/04/2019 | Notice to Attorney:Philip Eric Thompson Pursuant to Local Rule 5005(b), pleadings and proposed orders must be converted to PDF directly from the word processing software rather than scanned. Additionally, documents must be properly flattened and not contain fillable or editable fields. This document (Official Form 410 Proof of Claim Numbers 12-14) does not comply with the rule. No immediate action is required, however, subsequently filed documents must meet this requirement. For help with this and future filings please click here for tips on our website. (jah, Deputy Clerk) (Entered: 06/04/2019) | |
| 06/04/2019 | Continuance of Meeting of Creditors on 7/1/2019 at 08:15 AM at Milwaukee, Room 428A, U.S. Courthouse, 517 East Wisconsin Ave. Milwaukee, WI 53202. (Scaffidi, John) (Entered: 06/04/2019) |