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Earthworks Excavation Company

COURT
Missouri Western Bankruptcy Court
CASE NUMBER
5:13-bk-50778
TYPE / CHAPTER
Voluntary / 11

Filed

12-3-13

Updated

9-13-23

Last Checked

12-1-14

Assets

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Liabilities

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Docket

Last Updated
Dec 1, 2014
Last Entry Filed
Dec 1, 2014

Docket Entries by Year

There are 194 older docket entries.

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Jul 15, 2014 176 Notice and Order Setting Hearing on Motion for Relief from Stay re: Second Developer Note and Second Deed of Trust Filed by BankLiberty. Debtor is directed to file an objection/response by the due date. If no objections are timely filed, the Court may enter an Order without further notice. MOVANT must serve paper copies of all documents evidencing perfection of security interest on the Trustee and Debtors counsel at the time of filing the motion or promptly thereafter. Service should be certified on the motion. Failure to serve paper copies may result in delaying the hearing or in dismissal of the motion. At least 3 days before the hearing, parties must exchange exhibits and file and serve witness/exhibit lists. Failure to comply may result in exclusion of evidence at the hearing. Movant's failure to file the certificate of service within 14 days after entry of the Notice and Order Setting Hearing may result in delay in the entry of an appropriate order or denial of the motion. It is so ORDERED by /s/ Cynthia A. Norton. THE AUTOMATIC STAY REMAINS IN EFFECT UNTIL MODIFIED OR VACATED BY THE COURT. If an Objection is filed the hearing will be held as follows.. (related document(s)172) Hearing scheduled for 8/21/2014 at 09:00 AM at US Courthouse, Courtroom 6A, 400 E. 9th St., Kansas City, MO. Responses due by 7/29/2014.Preliminary Hearing scheduled for 7/28/2014 at 02:00PM at US Courthouse, Courtroom 6A, 400 E. 9th St., Kansas City, MO. (McAdams, Jamie) THE MOVING PARTY IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 07/15/2014)
Jul 21, 2014 177 Amended Notice and Order Setting Hearing on Motion for Relief from Stay re: Second Developer Note and Second Deed of Trust Filed by BankLiberty. (This changes the preliminary hearing date) Debtor is directed to file an objection/response by the due date. If no objections are timely filed, the Court may enter an Order without further notice. MOVANT must serve paper copies of all documents evidencing perfection of security interest on the Trustee and Debtors counsel at the time of filing the motion or promptly thereafter. Service should be certified on the motion. Failure to serve paper copies may result in delaying the hearing or in dismissal of the motion. At least 3 days before the hearing, parties must exchange exhibits and file and serve witness/exhibit lists. Failure to comply may result in exclusion of evidence at the hearing. Movant's failure to file the certificate of service within 14 days after entry of the Notice and Order Setting Hearing may result in delay in the entry of an appropriate order or denial of the motion. It is so ORDERED by /s/ Cynthia A. Norton. THE AUTOMATIC STAY REMAINS IN EFFECT UNTIL MODIFIED OR VACATED BY THE COURT. If an Objection is filed the hearing will be held as follows.. (related document(s)172) Hearing scheduled for 8/21/2014 at 09:00 AM at US Courthouse, Courtroom 6A, 400 E. 9th St., Kansas City, MO. Responses due by 7/29/2014.Preliminary Hearing scheduled for 8/5/2014 at 10:00AM at Telephone Conference. (McAdams, Jamie) THE MOVING PARTY IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 07/21/2014)
Jul 22, 2014 178 Certificate of Service regarding Discovery filed by City of St. Joseph Missouri. (Shay, David) (Entered: 07/22/2014)
Jul 23, 2014 179 Notice of Submission of fees and expenses for The Sader Law Firm, Counsel for the Debtor for the Period June 21, 2014 through July 20, 2014, filed by Earthworks Excavation Company (Sader, Neil) (Entered: 07/23/2014)
Aug 6, 2014 180 Hearing Held re: Status of Confirmation. Court approves Disclosure Statement. Deadline for witness and exhibit lists to be filed, 8/15/2014, copies of exhibits to be exchanged and submitted to court same day. Briefs our amendments to objections due same date . ERO - KS (related document(s) 161 ) (McAdams, Jamie) (Entered: 08/06/2014)
Aug 6, 2014 181 Order of the Court approving Disclosure Statement. Deadline for witness and exhibit lists to be filed, 8/15/2014, copies of exhibits to be exchanged and submitted to court same day. Briefs our amendments to objections due same date . It is so ORDERED by /s/ Cynthia A. Norton. (related document(s)158) (McAdams, Jamie) THE MOVING PARTY IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 08/06/2014)
Aug 6, 2014 182 Certificate of Service to Christopher Wayne Byrd, 8131 N. Greenhills Road, Kansas City, MO 64151; Gregg Larson, 3300 Dale Avenue, St. Joseph, MO 64506 at on 8/6/2014 regarding Order of the Court approving Disclosure Statement filed by Earthworks Excavation Company (related document(s) 181 Generic Order) (McCormack, Bradley (aty)) (Entered: 08/06/2014)
Aug 8, 2014 183 Debtor-In-Possession Monthly Operating Report Summary for Filing Period July 1, 2014 through July 31, 2014 (McCormack, Bradley (aty)) (Entered: 08/08/2014)
Aug 13, 2014 184 Witness List filed regarding Witness and Exhibit List by City of St. Joseph Missouri (Shay, David (aty)) (Entered: 08/13/2014)
Aug 15, 2014 185 Exhibit List filed regarding Confirmation Hearing August 21-22 (Stipulated List) ; filed by BankLiberty (Miles, Christopher (aty)) (Entered: 08/15/2014)
Show 10 more entries
Sep 3, 2014 196 Supplement to Exhibit 62-S. (Almstedt, Jonathan) (Entered: 09/03/2014)
Sep 5, 2014 197 Hearing Held re:Announcement of findings of fact and conclusions of law regarding confirmation of chapter 11 plan. Court denies confirmation for the reasons stated on the record. Motion for Relief from Stay regarding Second Developer Note and Second Deed of Trust Filed by BankLiberty is granted; the Court stays the Order for 30 days. The Order will not be binding on a Chapter 7 Trustee in the event the Debtor converts to Chapter 7 in the next 30 days. Text order . ERO - DM (related document(s)172, 159) (McAdams, Jamie) (Entered: 09/05/2014)
Sep 5, 2014 198 Order of the Court DENYING Confirmation of the Chapter 11 Plan for the reasons stated on the Record. It is so ORDERED by /s/ Cynthia A. Norton. (related document(s)158, 174, 171, 191, 159) (McAdams, Jamie) THE MOVING PARTY IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 09/05/2014)
Sep 5, 2014 199 Order of the Court Granting the Motion for Relief from Stay regarding Second Developer Note and Second Deed of Trust, but staying the effective date for 30 days. The Order will not be binding on a Chapter 7 Trustee in the event the Debtor converts to Chapter 7 in the next 30 days. It is so ORDERED by /s/ Cynthia A. Norton. (related document(s)172) (McAdams, Jamie) THE MOVING PARTY IS TO SERVE THIS ORDER ON PARTIES NOT RECEIVING ELECTRONIC NOTICE. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Entered: 09/05/2014)
Sep 5, 2014 200 Certificate of Service to Christopher Wayne Byrd, 8131 N. Greenhills Road, Kansas City, MO 64151; Gregg Larson, 3300 Dale Avenue, St. Joseph, MO 64506 at on 9/8/2014 regarding Order of the Court DENYING Confirmation of the Chapter 11 Plan for the reasons stated on the Record filed by Earthworks Excavation Company (related document(s) 198 Generic Order) (Sader, Neil (aty)) (Entered: 09/05/2014)
Sep 16, 2014 201 Second Application for Compensation for The Sader Law Firm in the amount of - Fees: $78,003.75, Expenses: $2,013.35. Filed by Earthworks Excavation Company. (Sader, Neil) (Entered: 09/16/2014)
Sep 19, 2014 202 Notice of Motion Second Application for Compensation for The Sader Law Firm in the amount of - Fees: $78,003.75, Expenses: $2,013.35, filed by Earthworks Excavation Company. Response due by 10/10/2014. (RE: related document(s)201 Application for Compensation)(Sader, Neil) (Entered: 09/19/2014)
Sep 25, 2014 203 Notice of Submission of fees and expenses of The Sader Law Firm, Counsel for the Debtor for the Period August 21, 2014 through September 20, 2014, filed by Earthworks Excavation Company. (Sader, Neil) (Entered: 09/25/2014)
Oct 20, 2014 204 Motion to Withdraw as Attorney Filed by Earthworks Excavation Company. (McCormack, Bradley) (Entered: 10/20/2014)
Oct 20, 2014 205 Notice of Attorney's Lien (Sader, Neil (aty)) (Entered: 10/20/2014)

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Case Information

Court
Missouri Western Bankruptcy Court
Case number
5:13-bk-50778
Assets
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Liabilities
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Judge
Cynthia A. Norton
Chapter
11
Filed
Dec 3, 2013
Type
voluntary
Terminated
Mar 27, 2015
Updated
Sep 13, 2023
Last checked
Dec 1, 2014

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    Parties

    Debtor

    Earthworks Excavation Company
    9709 US 169
    Agency, MO 64401
    BUCHANAN-MO
    Tax ID / EIN: xx-xxx8715

    Represented By

    Bradley D. McCormack
    The Sader Law Firm, LLC
    2345 Grand Boulevard, Suite 1925
    Kansas City, MO 64108-2663
    816-561-1818
    Fax : 816-561-0818
    Email: bmccormack@saderlawfirm.com
    Neil S. Sader
    The Sader Law Firm, LLC
    2345 Grand Boulevard, Suite 1925
    Kansas City, MO 64108-2663
    816-561-1818
    Fax : 816-561-0818
    Email: nsader@saderlawfirm.com

    U.S. Trustee

    U.S. Trustee
    Room 3440
    400 East 9th Street
    Kansas City, MO 64106-1910

    Represented By

    Sherri L. Wattenbarger
    Office of the U.S. Trustee
    Room 3440
    400 East 9th Street
    Kansas City, MO 64106
    816-512-1940
    Fax : 816-512-1967
    Email: sherri.wattenbarger@usdoj.gov

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