Fair Andreen, Incorporated
11
G. Michael Halfenger
04/02/2025
06/11/2025
Yes
v
| PlnDue, NTCAPR |
Assigned to: G. Michael Halfenger Chapter 11 Voluntary Asset |
|
Debtor In Possession Fair Andreen, Incorporated
W238 N1650 Rockwood Dr Waukesha, WI 53188 Tax ID / EIN: 88-2577299 dba City Press |
represented by |
Jerome R. Kerkman
Kerkman & Dunn 839 N. Jefferson Street Milwaukee, WI 53202-3744 414-277-8200 Fax : 414-277-0100 Email: jkerkman@kerkmandunn.com Nicholas Kerkman
Kerkman & Dunn 839 N. Jefferson St Suite 400 Milwaukee, WI 53202 414-277-8200 Fax : 414-277-0100 Email: nkerkman@kerkmandunn.com |
U.S. Trustee Office of the U. S. Trustee
517 East Wisconsin Ave. Room 430 Milwaukee, WI 53202 414-297-4499 |
represented by |
Dillon J. Ambrose
DOJ 517 East Wisconsin Avenue Suite 430 Milwaukee, WI 53202 202-702-8738 Email: dillon.j.ambrose@usdoj.gov |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/16/2025 | 87 | Motion for Proposed Sale, Use or Lease of Property Outside of the Normal Course of Business for the Debtor's 2016 GMC Van with Notice of Motion filed by Nicholas Kerkman of Kerkman & Dunn on behalf of Debtor In Possession Fair Andreen, Incorporated. Objections due by 6/6/2025. (Attachments: # 1 Notice) (Kerkman, Nicholas) (Entered: 05/16/2025) |
| 05/11/2025 | 86 | BNC Certificate of Mailing - PDF Document (RE: 82 Order on Motion to Reject Lease or Executory Contract). Notice Date 05/11/2025. (Admin.) (Entered: 05/11/2025) |
| 05/09/2025 | 85 | BNC Certificate of Mailing - PDF Document (RE: 79 Order on Motion for Continuation of Utility Service). Notice Date 05/09/2025. (Admin.) (Entered: 05/09/2025) |
| 05/09/2025 | 84 | The proposed order is rejected for the reasons noted on the order. Rejected for the reasons stated in the May 9, 2025 docket order (Re: 73. (sko, Deputy Clerk) (Signed: 05/09/2025). (Entered: 05/09/2025) |
| 05/09/2025 | 83 | Order: The debtor has moved for final approval of use of cash collateral and for payment of adequate protection to Huntington National Bank. ECF No. 43. No one timely objected. The debtor reports that Huntington Bank agrees to the entry of a proposed order that purports to approve the debtor's use of cash collateral "on a final basis." Id. at 3. But "final basis" as used by the proposed order is not what one might expect, i.e., final for purposes of the pendency of this chapter 11 bankruptcy case. "Final basis" as used here means (roughly) seven weeks. Id. The proposed order provides that it "shall terminate on June 30, 2025, unless the Debtor and Huntington Bank agree to continue it with such continuation terms filed with the Court". Id. at 6. This provision (also requested in the motion) effectively makes the authorization interim (i.e., "in the meantime", Interim, Webster's Third International Dictionary 1179 (2021)), rather than final. Nothing in the motion or elsewhere in the record of which the court is aware justifies burdening and compounding the administration of this case with seriatim requests -- whether called "final" or not, and whether stipulated or not -- for the use of cash collateral and payment of adequate protection. In the absence of such a justification, the court will not so proceed. If future developments warrant a change in the terms on which a final order authorizes the debtor to use cash collateral, there is standard process: a party may move (with the requisite showing in support) to modify, amend, or vacate the order. Therefore, the proposed order on final use of cash collateral (ECF No. 73) is rejected. The parties may elect as follows: (1) the debtor with Huntington Bank's agreement may file a proposed final order authorizing it to use cash collateral and paying Huntington Bank adequate protection of $8,500 per month for the pendency of this chapter 11 bankruptcy case (subject to the contingencies otherwise provided in the motion and proposed order) or (2) any party can request that the court conduct a hearing on the debtor's request to use cash collateral; any such request should explain the perceived need for hearing and give an overview of evidence to be presented, if any. The court expects to conduct any such hearing in person and receive any necessary evidence relevant to all perceived justifications for allowing seriatim cash-collateral and adequate-protection requests and orders. s/ G. Michael Halfenger Chief Bankruptcy Judge (RE: 43 Amended Motion (related document(s): 6 Motion Regarding Chapter 11 First Day Motion. In Re: For Authority to Use Cash Collateral and Provide Adequate Protection to Secured Creditors on a Preliminary and Final Basis filed by Debtor In Posse, 73 Proposed Order). (Halfenger, G.) (Entered: 05/09/2025) |
| 05/09/2025 | 82 | Order Approving the Debtor's Rejection of Unexpired Leases for Fuji J Press, FujiFilm E1136 Press and 2024 Dodge (Related Doc # 49) . (jam, Deputy Clerk) (Entered: 05/09/2025) |
| 05/07/2025 | 81 | BNC Certificate of Mailing - PDF Document (RE: 75 Order on Application to Employ). Notice Date 05/07/2025. (Admin.) (Entered: 05/07/2025) |
| 05/07/2025 | 80 | BNC Certificate of Mailing - PDF Document (RE: 75 Order on Application to Employ). Notice Date 05/07/2025. (Admin.) (Entered: 05/07/2025) |
| 05/07/2025 | 79 | Order Determining Adequate Assurance of Payment for Future Utility Services (Related Doc # 37) Notwithstanding anything below, this order is ineffective as to We Energies, Nextiva, and Spectrum because there is no evidence that the debtor served the motion on those entities. See dkt. 45. (sko, Deputy Clerk) (Signed: 05/07/2025) (Entered: 05/07/2025) |
| 05/07/2025 | 78 | Motion to Set Last Day to File Proofs of Claim with Notice of Motion and Certificate of Service filed by Nicholas Kerkman of Kerkman & Dunn on behalf of Debtor In Possession Fair Andreen, Incorporated. Objections due by 5/21/2025. (Attachments: # 1 Exhibit A - General Bar Date Proposed Notice # 2 Exhibit B - Employee Notice # 3 Notice of Motion to Set Bar Date # 4 Proposed Order # 5 Certificate of Service) (Kerkman, Nicholas) (Entered: 05/07/2025) |