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BT McCarthy, Inc

COURT
Florida Middle Bankruptcy Court
CASE NUMBER
2:2021bk01354
TYPE / CHAPTER
Voluntary / 11V

Filed

10-8-21

Updated

9-13-23

Last Checked

3-9-22

Assets

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Liabilities

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Docket

Last Updated
Mar 9, 2022
Last Entry Filed
Mar 7, 2022

Docket Entries by Quarter

There are 81 older docket entries.

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Dec 15, 2021 66 Notice of Preliminary Hearing on Creditor Naples Donuts LLC's Motion for an Order Confirming No Automatic Stay is in Effect as to Non-Debtors Filed by Christian G Haman on behalf of Creditor Naples Donuts LLC (related document(s)57). Hearing scheduled for 12/15/2021 at 10:30 AM at Ft. Myers, FL - Room 4-102, Hearing Room, United States Courthouse, 2110 First Street, Ft. Myers, FL. (Haman, Christian) (Entered: 12/15/2021)
Dec 15, 2021 Preliminary Hearing Scheduled for 01/06/2022 10:30 am Ft. Myers, FL - Room 4-102, Hearing Room, United States Courthouse, 2110 First Street, Ft. Myers, FL. Re: Application for Payment of Administrative Expenses Amount Requested: 17,072.50 Doc 59. This entry is not an official notice of hearing from the court.

Noticing Instructions
: Alberto F Gomez is directed to prepare, file and serve the notice of hearing on interested parties within 3 days. If the hearing is on an Emergency/Expedited matter, the preparation, filing and service must be done immediately. Failure to comply with the noticing instructions will result in cancellation of the hearing that addresses this specific matter.

Telephonic Appearance Requirement: Effective March 16, 2020, and continuing until further notice, Judges in all Divisions will conduct all preliminary and non-evidentiary hearings by telephone. For Judges Colton and Williamson, parties should arrange a telephonic appearance through Court Solutions (www.court-solutions.com). For Judges Delano, Funk, and McEwen, parties should arrange a telephonic appearance through Court Call (866-582-6878).

Beginning Wednesday, September 1, 2021, for Judges Jennemann and Vaughan, parties should arrange a telephonic appearance through Court Solutions (www.court-solutions.com) by 5:00 p.m. the business day preceding the hearing. NOTE: All parties should proceed to the website and select 'Sign Up'. For unrepresented parties only, before submitting the completed form, you must select 'I am not an attorney' and 'Certified Indigent'. Once the information is submitted you will receive an email with further instructions.

Should the Court decide to hold this hearing by Zoom, the Court will enter a subsequent Order Establishing Procedures for Video Hearing. For hearings held by Zoom, parties should arrange to attend via Zoom only. Parties that wish to listen only, who do not anticipate active participation, or who lack technology to participate by video may participate telephonically only.
(related document(s)59). (Bill) (Entered: 12/15/2021)
Dec 15, 2021 67 Notice of Hearing on Application for Payment of Administrative Expenses Filed by Alberto F Gomez Jr. on behalf of Creditor APNI 1, LLC (related document(s)59). Hearing scheduled for 1/6/2022 at 10:30 AM at Ft. Myers, FL - Room 4-102, Hearing Room, United States Courthouse, 2110 First Street, Ft. Myers, FL. (Attachments: # 1 Mailing Matrix) (Gomez, Alberto) (Entered: 12/15/2021)
Dec 15, 2021 68 Hearing Proceeding Memo: Hearing Held - APPEARANCES: Jeffrey Lampley, Ben Lambers, Debra Jackson, Mike Dal Lago, Al Gomez, Beth Rogers, Caroline Spradlin, Greg Champeau, Steve Thompson, Kyle Tasman WITNESSES: EVIDENCE: RULING: (1) Motion for Relief from Stay. (Fee Paid.) Re: leased construction equipment. Filed by Caroline Catchpole Spradlin on behalf of Creditor Conserv Equipment Leasing, LLC (related document(s)1, 9, 12). (Attachments: # 1 Exhibit Equipment Lease 2800-001 # 2 Exhibit Equipment Lease 2800-002 # 3 Exhibit Equipment Lease 2800-003 # 4 Exhibit Equipment Lease 2800-004 # 5 Exhibit Equipment Lease 2800-005) (Spradlin, Caroline). Doc #42- Granted waive 14 day stay O/Spradlin (2) Continued Initial Status Conference - Continued to 1/6/2022 at 10:30 am, Announced in Open Court No Further Notice Given ~(3) Motion to Allow Motion for Allowance of Post-Petition Administrative Claim & Other Relief Filed by Steven F Thompson on behalf of Creditor Alta Construction Equipment Florida, LLC fka Flagler Construction Equipment LLC (Attachments: # 1 Exhibit Exhibit A - Motion for Allowance # 2 Exhibit Exhibit B - Motion for Allowance # 3 Exhibit Exhibit C - Motion for Allowance) (Thompson, Steven) Doc #48 - Granted, file statement of claim within 30 days O/Thompson ~(4) Verified Motion for Relief from Stay. (Fee Paid.) Re: 4385 Washington Street, Naples, FL 34109. Contains negative notice. Filed by Gregory A Champeau on behalf of Creditor Gregory Cedar Ridge of Bonita, LLC (Attachments: # 1 Exhibit Commercial Lease Agreement) (Champeau, Gregory) Doc #52 - Granted, waive 14 day stay O/Champeau ~(5) Motion for an Order Confirming No Automatic Stay is in Effect as to Non-Debtors (Expedited Hearing Requested) Filed by Christian G Haman on behalf of Creditor Naples Donuts LLC (Haman, Christian) Doc #57 - Granted O/Dal Lago ~(6) Expedited Motion for Relief from Stay. (Verify Fee) Re: Rental Property located at 888 1st Avenue North, Naples, FL 34102. Filed by Alberto F Gomez Jr. on behalf of Creditor APNI 1, LLC (Attachments: # 1 Certificate of Necessity of Request for Expedited Hearing) (Gomez, Alberto) Doc #60 - Granted waive 14 day stay O/Gomez **court will set USTEEs Motion to Dismiss for 1/6/2022 at 10:30 am Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court. (Bill) (Entered: 12/15/2021)
Dec 17, 2021 69 Order Granting Motion For Relief From Stay Filed by APNI 1, LLC (Related Doc # 60) Service Instructions: Alberto Gomez is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Ryan S.) (Entered: 12/17/2021)
Dec 17, 2021 70 Order Granting Motion For Relief From Stay of Creditor Cedar Ridge of Bonita, LLC (Related Doc # 52) Service Instructions: Gregory Champeau is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Christiane) (Entered: 12/17/2021)
Dec 17, 2021 71 Notice of Preliminary Hearing on Expedited Motion to Dismiss, or in the alternative Motion to Convert Case to Chapter 7 (related document(s)64). Hearing scheduled for 1/6/2022 at 10:30 AM at Ft. Myers, FL - Room 4-102, Hearing Room, United States Courthouse, 2110 First Street, Ft. Myers, FL. (Melissa S.) (Entered: 12/17/2021)
Dec 17, 2021 72 Proof of Service of Order Granting Motion for Relief from Stay filed by APNI 1, LLC (Doc. No. 69). Filed by Alberto F Gomez Jr. on behalf of Creditor APNI 1, LLC (related document(s)69). (Attachments: # 1 Mailing Matrix) (Gomez, Alberto) (Entered: 12/17/2021)
Dec 20, 2021 73 BNC Certificate of Mailing - Notice of Hearing (related document(s) (Related Doc # 71)). Notice Date 12/19/2021. (Admin.) (Entered: 12/20/2021)
Dec 20, 2021 74 Proof of Service of Order Granting Motion for Relief from the Automatic Stay by Cedar Ridge of Bonita, LLC. Filed by Gregory A Champeau on behalf of Creditor Gregory Cedar Ridge of Bonita, LLC (related document(s)70). (Champeau, Gregory) (Entered: 12/20/2021)
Show 10 more entries
Dec 23, 2021 81 Amended Application for Payment of Administrative Expenses (Amended Only to Include Redacted Exhibits) Amount Requested: 17,072.50 Filed by Alberto F Gomez Jr. on behalf of Creditor APNI 1, LLC (related document(s)59). (Gomez, Alberto) (Entered: 12/23/2021)
Dec 23, 2021 82 Notice of Hearing on Emergency Motion for Reconsideration of Creditors' Motions for Relief from Stay and Orders Granting Motions Filed by Jeffrey S Lampley on behalf of Debtor BT McCarthy 1, Inc (related document(s)76). Hearing scheduled for 1/6/2022 at 10:30 AM at Ft. Myers, FL - Room 4-102, Hearing Room, United States Courthouse, 2110 First Street, Ft. Myers, FL. (Attachments: # 1 Mailing Matrix) (Lampley, Jeffrey) (Entered: 12/23/2021)
Dec 24, 2021 83 BNC Certificate of Mailing - PDF Document. (related document(s) (Related Doc # 77)). Notice Date 12/23/2021. (Admin.) (Entered: 12/24/2021)
Jan 5, 2022 84 Response to Debtor's Emergency Motion to Reconsider Creditor's Motion for Relief from Stay Filed by Alberto F Gomez Jr. on behalf of Creditor APNI 1, LLC (related document(s)76). (Gomez, Alberto) (Entered: 01/05/2022)
Jan 5, 2022 85 Order Granting Motion To Allow Post-Petition Administrative Claim & Other Relief (Related Doc # 48). Service Instructions: Steven Thompson is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Dana B.) (Entered: 01/05/2022)
Jan 6, 2022 86 Certificate of Service Re: Order Granting Motion for Allowance of Post-Petition Administrative Claim and Other Relief. Filed by Steven F Thompson on behalf of Creditor Alta Construction Equipment Florida, LLC fka Flagler Construction Equipment LLC (related document(s)85). (Thompson, Steven) (Entered: 01/06/2022)
Jan 7, 2022 87 Hearing Proceeding Memo: Hearing Held - APPEARANCES: Jeff Lampley, Ben Lambers, Al Gomez, Danny Cerrone, Greg Champeau, Jessey Krehl, Joseph Pack, WITNESSES: EVIDENCE: RULING: (1) Continued Initial Status Conference ~(2) Expedited Motion to Dismiss, or in the alternative Motion to Dismiss Case Motion to Convert Case to Chapter 7 Filing Fee Not Paid or Not Required. Filed by U.S. Trustee - FTM. (Lambers, Benjamin) Doc #64 - Granted without prejudice O/Lambers ~(3) - Amended Application for Payment of Administrative Expenses (Amended Only to Include Redacted Exhibits) Amount Requested: 17,072.50 Filed by Alberto F Gomez Jr. on behalf of Creditor APNI 1, LLC (related document(s)59). (Gomez, Alberto) Doc #81 ~(4) Emergency Motion for Reconsideration of Creditors' Motions for Relief from Stay and Orders Granting Motions. (Includes Certificate of Necessity.) Filed by Jeffrey S Lampley on behalf of Debtor BT McCarthy 1, Inc (related document(s) 42, 52, 60, 69, 70). (Lampley, Jeffrey). Related document(s);. Doc #76 - Denied O/Gomez Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court. (Bill) (Entered: 01/07/2022)
Jan 11, 2022 88 Order Dismissing Case . (related document(s)64). Service Instructions: Clerks Office to serve. (Susan M.) (Entered: 01/11/2022)
Jan 11, 2022 89 Order Approving Application to Employ/Retain Joseph Pack, Esq as special counsel for the Debtor (Related Doc # 78). Service Instructions: Jeffrey Lampley is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Dana B.) (Entered: 01/11/2022)
Jan 11, 2022 90 Order Denying Emergency Motion for Reconsideration of Creditors' Motions for Relief from Stay (related document(s)76). Service Instructions: Alberto Gomez is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Bernadette) (Entered: 01/11/2022)

There are 10 newer docket entries.

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Case Information

Court
Florida Middle Bankruptcy Court
Case number
2:2021bk01354
Assets
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Liabilities
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Judge
Chapter
11V
Filed
Oct 8, 2021
Type
voluntary
Terminated
Mar 31, 2022
Updated
Sep 13, 2023
Last checked
Mar 9, 2022

Associated Cases

    This case has no creditors listed.

    Parties

    Debtor

    BT McCarthy 1, Inc
    97 9th St. N.
    Naples, FL 34102
    COLLIER-FL
    Tax ID / EIN: xx-xxx6186

    Represented By

    Jeffrey S Lampley
    Jeffrey Lampley
    5237 Summerlin Commons Boulevard
    Suite 217
    Fort Myers, FL 33907
    239-275-2289
    Email: JLampleyEsq@gmail.com
    Joseph A Pack
    Pack Law, P.A.
    51 Northeast 24th Street, Suite 108
    Miami, FL 33137
    305-916-4500
    Fax : 305-916-8700
    Email: joe@packlaw.com

    Trustee

    Debra Jackson
    DJJ Consulting LLC
    3670 Mossy Oak Drive
    Fort Myers, FL 33905
    678-938-5393

    Represented By

    Debra Jackson
    DJJ Consulting LLC
    3670 Mossy Oak Drive
    Fort Myers, FL 33905
    678-938-5393
    Email: djjtrustee1@gmail.com

    U.S. Trustee

    United States Trustee - FTM
    Timberlake Annex, Suite 1200
    501 E. Polk Street
    Tampa, FL 33602
    813-228-2000

    Represented By

    Benjamin E. Lambers
    Timberlake Annex
    501 E. Polk Street, Suite 1200
    Tampa, FL 33602
    813-228-2000
    Email: Ben.E.Lambers@usdoj.gov

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