Case number: 2:19-bk-20973 - Calouette Construction Services, LLC - Wisconsin Eastern Bankruptcy Court

Case Information
Docket Header
SCHEDULESDUE, NTCAPR, ASSETS



U.S. Bankruptcy Court
Eastern District of Wisconsin (Milwaukee)
Bankruptcy Petition #: 19-20973-gmh

Assigned to: G. Michael Halfenger
Chapter 7
Involuntary
Asset


Date filed:  02/07/2019
341 meeting:  07/01/2019
Deadline for filing claims:  07/15/2019

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

 
 
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

Latest Dockets

Date Filed#Docket Text
06/13/201988Order 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)
06/13/201987Proposed 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)
06/13/201986Support/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)
06/13/2019Withdrawal 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)
06/12/2019ORDER: 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)

06/11/201985Correspondence filed by John M. Scaffidi on behalf of John M. Scaffidi. (RE: 84 Proposed Order). (Scaffidi, John) (Entered: 06/11/2019)
06/10/201984
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)
06/10/2019Withdrawal 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)
06/04/2019Continuance 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)