CASE NUMBER
2:2023bk24709
2:2023bk24709
TYPE / CHAPTER
Voluntary / 11V
Voluntary / 11V
Docket Entries by Month
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| Dec 22, 2023 | 107 | BNC Certificate of Mailing - PDF Document (RE: 106 Scheduling Order). Notice Date 12/22/2023. (Admin.) (Entered: 12/22/2023) | ||
| Dec 26, 2023 | 108 | Debtor-In-Possession Monthly Operating Report for Filing Period November 2023 filed by Nicholas Kerkman on behalf of Insulated Wall Holdings, LLC. (Kerkman, Nicholas) (Entered: 12/26/2023) | ||
| Jan 5 | 109 | Support/Supplement Re: Updated Budget for use of Cash Collateral filed by Nicholas Kerkman on behalf of Insulated Wall Holdings, LLC. (RE: 63 Order on Motion to Use Cash Collateral, Order on Motion for Adequate Protection, Order on Motion Re: Chapter 11 First Day Motions, Order on Motion Re: Chapter 11 First Day Motions). (Attachments: # 1 Exhibit A) (Kerkman, Nicholas) (Entered: 01/05/2024) | ||
| Jan 12 | 110 | Motion for Authority to Obtain Credit Under Section 364(b), Rule 4001(c) or (d) Increase DIP Financing Provided by XYiP Acquisitions, LLC with Notice of Motion filed by Nicholas Kerkman of Kerkman & Dunn on behalf of Debtor In Possession Insulated Wall Holdings, LLC. Objections due by 1/26/2024. (Attachments: # 1 Addendum # 2 Exhibit A # 3 Declaration # 4 Notice) (Kerkman, Nicholas) (Entered: 01/12/2024) | ||
| Jan 12 | 111 | Proposed Order RE: 110 - Motion for Authority to Obtain Credit Under Section 364 filed by Attorney Nicholas Kerkman of Kerkman & Dunn on behalf of Insulated Wall Holdings, LLC. (Kerkman, Nicholas) (Entered: 01/12/2024) | ||
| Jan 12 | 112 | Motion to Extend Time to File the Plan 106 Scheduling Order with Notice of Motion filed by Nicholas Kerkman of Kerkman & Dunn on behalf of Debtor In Possession Insulated Wall Holdings, LLC. Objections due by 1/15/2024. (Attachments: # 1 Declaration # 2 Notice) (Kerkman, Nicholas) (Entered: 01/12/2024) | ||
| Jan 12 | 113 | Proposed Order RE: 112 - Motion to Extend Time filed by Attorney Nicholas Kerkman of Kerkman & Dunn on behalf of Insulated Wall Holdings, LLC. (Kerkman, Nicholas) (Entered: 01/12/2024) | ||
| Jan 14 | 114 | Objection Filed by Creditor SouthStar Financial, LLC to Shortening Objection Deadline to January 15, 2024 (Re: 112 Motion to Extend Time to File the Plan 106 Scheduling Order filed by Debtor In Possession Insulated Wall Holdings, LLC) and Certificate of Service (Wisotzkey, Samuel) (Entered: 01/14/2024) | ||
| Jan 14 | 115 |
Order: The debtor filed a petition under chapter 11 and elected to proceed under subchapter V on October 16, 2023. By operation of sec. 1189(b) the debtor must file a plan not later than 90 days after the petition was filed, which in this case, by operation of Rule 9006(a)(1)(C), is January 16, 2024, because the 90-day period cannot end on a weekend or a federal holiday, the 90th day, January 14, 2024, is a Sunday, and the next day, January 15, 2024, is a federal holiday. At 10:32 p.m. on January 12, 2024, that is, late in the evening of the Friday before the weekend preceding expiration of the plan-filing deadline, the debtor filed a motion titled, "Debtor's Motion to Extend Deadline to File Plan". ECF No. 112. The motion requests that the court extend the plan-filing deadline from January 16 to April 15, 2024, and in the motion's penultimate paragraph, states, "Due to the current plan filing deadline being January 16, 2024, the Debtor moves that the Court shorten the deadline for objections to this motion to Monday, January 15, 2024." On Sunday, January 14, creditor SouthStar Financial, LLC filed an objection to the debtor's request to shorten the period to file an objection to the debtor's request for additional time to file a plan. ECF No. 114. SouthStar's objection alleges that "[o]n Thursday afternoon, January 11, 2024, Debtor's counsel emailed counsel for SouthStar about the Debtor's intent to request a 90-day extension of the plan filing deadline, and asked whether SouthStar would consent to such an extension. SouthStar's counsel indicated that he would consult with SouthStar. Southstar's counsel promptly communicated the Debtor's request but was unable to connect with or otherwise obtain SouthStar's input on the request before the close of business on Friday, January 12, 2024." Observing that the debtor filed its motion on a Friday evening before a Monday federal holiday, SouthStar objects to requiring objections to be filed on that holiday -- essentially making the objection period 0 business days in length: "SouthStar understands the Debtor's predicament with the current plan filing deadline, but a Monday, January 15, 2024, objection deadline is not reasonable for a motion filed after business hours on Friday, particularly where the proposed deadline is a Federal Holiday." SouthStar's objection is well taken. Indeed, the court would have denied the debtor's notice-shorting request even in the absence of an objection. Requests to enlarge the plan-filing deadline are obviously not ones that the court would typically consider ex parte, as the debtor implicitly concedes in filing the motion with notice of an objection period. Affording interested parties 0 business days to file an objection is practically the same thing as an ex parte motion: why would it be reasonable to expect that creditors' counsel can review a motion filed on Friday evening, consult with their clients, make an informed decision about whether to oppose the motion, and, if necessary, file an objection to the motion by the following Monday? If the court were ever to so limit an objection period, it would require proof of specific facts justifying the debtor's failure to file the motion earlier and showing how the debtor would be prejudiced by allowing objections to be filed in the ordinary course. See Rule 9006(c); L.R. 9014(a)(2)(A). The debtor has supplied nothing of the sort. Its motion explains why it seeks more time to file a plan: its business has slowed; it expects to begin work on two new commercial projects, but, although the debtor had expected to start that work before 2024, those projects have been delayed and will not commence for several months. The debtor's motion is silent, however, on why the debtor could not have filed its motion to enlarge the plan-filing deadline before January 12. The motion notably fails to state any facts about when the debtor became aware of the project delays. It also does not explain why the debtor will be adversely affected if the creditors are afforded the typical 14 days to file an objection. The supporting declaration is similarly wholly bereft of facts that might justify affording interested parties 0 days to object. Beyond all this, debtor's counsel, a firm that appears often in this court, failed to follow the procedure posted on the court's website for requesting expedited relief. That procedure provides, among other things, "Requests to shorten the notice period should be made by separate motion filed and served before or at the same time as the underlying motion." See https://www.wieb.uscourts.gov/content/judge-g-michael-halfenger-chief-judge. The debtor embedded the request to shorten notice in the motion to enlarge the plan-filing deadline and did not even include the request to shorten notice in the motion's title. ECF No. 112. For these reasons, IT IS ORDERED that the debtor's request to shorten the time to file an objection to its motion to enlarge the plan-filing deadline is DENIED. Objections to the motion must be filed on or before January 30, 2024. On or before January 16, 2024, the debtor must file and serve on all creditors a notice of its motion to enlarge the plan-filing deadline stating that objections to that motion must be filed on or before January 30, 2024. The debtor must file proof of that service by no later than January 17, 2024. s/ G. Michael Halfenger Chief Bankruptcy Judge (RE: 112 Motion to Extend Time to File the Plan 106 Scheduling Order, 114 Objection). (Halfenger, G.) (Entered: 01/14/2024) |
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| Jan 16 | 116 | Amended Notice of Debtor's Motion to Extend Deadline to File Plan filed by Debtor In Possession Insulated Wall Holdings, LLC (RE: 112 Motion to Extend Time to File the Plan 106 Scheduling Order). Objections due no later than January 30, 2024. (Kerkman, Nicholas) (Entered: 01/16/2024) | ||
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| Feb 8 | 127 | Corrective Entry Please disregard this entry, it is a duplicate entry of 124. (RE: 125 Order on Motion for Authority to Obtain Credit Under Section 364, Order on Motion to Extend Time). (eeb, Deputy Clerk) (Entered: 02/08/2024) | ||
| Feb 8 | 128 | BNC Certificate of Mailing - PDF Document (RE: 124 Order on Motion for Authority to Obtain Credit Under Section 364). Notice Date 02/08/2024. (Admin.) (Entered: 02/08/2024) | ||
| Feb 8 | 129 | BNC Certificate of Mailing - PDF Document (RE: 125 Order on Motion for Authority to Obtain Credit Under Section 364). Notice Date 02/08/2024. (Admin.) (Entered: 02/08/2024) | ||
| Feb 9 | 130 | Stipulation By Insulated Wall Holdings, LLC and SouthStar Financial, LLC to a Plan Filing Deadline of March 18, 2024 filed by Nicholas Kerkman on behalf of Insulated Wall Holdings, LLC. (RE: 112 Motion to Extend Time to File the Plan 106 Scheduling Order, 116 Notice (Generic), 123 Proposed Order, 124 Order on Motion for Authority to Obtain Credit Under Section 364, Order on Motion to Extend Time) and Certificate of Service. (Kerkman, Nicholas) (Entered: 02/09/2024) | ||
| Feb 14 | 131 | Motion to Approve 130 Stipulation filed by Nicholas Kerkman of Kerkman & Dunn on behalf of Debtor In Possession Insulated Wall Holdings, LLC. (Attachments: # 1 Proposed Order) (Kerkman, Nicholas) (Entered: 02/14/2024) | ||
| Feb 14 | 132 | Ex Parte Motion to Limit Notice (RE: 131 Approve Stipulation) filed by Nicholas Kerkman of Kerkman & Dunn on behalf of Debtor In Possession Insulated Wall Holdings, LLC. (Attachments: # 1 Proposed Order) (Kerkman, Nicholas) (Entered: 02/14/2024) | ||
| Feb 15 | 133 | Defective Filing Notification - Action Required by the Filer: The proposed order was filed as an attachment to the motion. Orders must be docketed using the proposed order event. Please refile the proposed order using the correct event. (RE: 131 Approve Stipulation filed by Debtor In Possession Insulated Wall Holdings, LLC). (jam, Deputy Clerk) (Entered: 02/15/2024) | ||
| Feb 15 | 134 | Defective Filing Notification - Action Required by the Filer: The proposed order was filed as an attachment to the motion. Orders must be docketed using the proposed order event. Please refile the proposed order using the correct event. (RE: 132 Motion to Limit Notice filed by Debtor In Possession Insulated Wall Holdings, LLC). (jam, Deputy Clerk) (Entered: 02/15/2024) | ||
| Feb 15 | 135 | Proposed Order RE: 131 - Approve Stipulation filed by Attorney Nicholas Kerkman of Kerkman & Dunn on behalf of Insulated Wall Holdings, LLC. (Kerkman, Nicholas) (Entered: 02/15/2024) | ||
| Feb 15 | 136 | Proposed Order RE: 132 - Motion to Limit Notice filed by Attorney Nicholas Kerkman of Kerkman & Dunn on behalf of Insulated Wall Holdings, LLC. (Kerkman, Nicholas) (Entered: 02/15/2024) | ||
There are 10 newer docket entries.To see the entire docket, login, subscribe now, or purchase this single case. |
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| Alex Lippets |
|---|
| Alex Lippets |
| American Way Engineering |
| Atlas Employment |
| Attorney General of the United States |
| BNS firm |
| Carter Thompson |
| Carter Thompson |
| Contractors Acoustical Supply |
| David Wallach |
| DCHTD, LLC |
| DCHTD, LLC |
| Enterprise Rental |
| FBM Materials |
| First American Bank |
In Possession
Insulated Wall Holdings, LLC
6320 20th Ave.
Kenosha, WI 53143
Tax ID / EIN: xx-xxx7485
dba Wally Walls
Evan Schmit
Kerkman & Dunn
839 North Jefferson Street, Suite 400
Milwaukee, WI 53202
414-277-8200
Email: eschmit@kerkmandunn.com
Gregory M. Schrieber
Kerkman & Dunn
839 N. Jefferson Street
Suite 400
Milwaukee, WI 53202-3744
414-277-8200
Email: gschrieber@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
Jennifer M. Schank
Fuhrman and Dodge S.C.
6405 Century Avenue
Suite 101
Middleton, WI 53562
608-327-4200
Office of the U. S. Trustee
517 East Wisconsin Ave.
Room 430
Milwaukee, WI 53202
414-297-4499
Anthony B. Sparks
West & Dunn, LLC
207 West Main Street
Waunakee, WI 53597
608-424-8161
Email: anthony.b.sparks@usdoj.gov
Laura D. Steele
Office of the U.S. Trustee
517 E. Wisconsin Ave. #430
Milwaukee, WI 53202
414-297-4499
Fax : 414-297-4478
Email: Laura.Steele@usdoj.gov
| Date Filed | Name = parent case |
Chapter | Case # |
|---|---|---|---|
| Oct 21, 2022 | Martin & Sons Roofing Inc | 7 | 2:2022bk24661 |
| Oct 29, 2020 |
Platinum Systems Holdings, LLC
|
11 | 0:2020bk21886 |
| Jun 4, 2019 | Esteban & Son General Flooring, Inc. | 7 | 1:2019bk15999 |
| Jan 24, 2018 | Harbor Foodliner, Inc | 7 | 1:2018bk02057 |
| Jul 17, 2017 | Danbill Apartments, LLC | 7 | 2:17-bk-26979 |
| Jan 4, 2016 | Pier Enterprises LLC | 11 | 2:16-bk-20027 |
| Dec 16, 2015 | MT Coins Inc. | 7 | 2:15-bk-33412 |
| Jun 3, 2014 | N.C. Kitchens & Baths, Inc. | 11 | 1:14-bk-20907 |
| Feb 25, 2014 | John's Garage of Highwood, Inc. | 7 | 1:14-bk-06123 |
| Nov 6, 2013 | Leonard's Towing, Inc. | 7 | 1:13-bk-43342 |
| Jun 12, 2013 | Carol Metal Products, Inc. | 7 | 1:13-bk-24360 |
| Sep 11, 2012 | Alert Retail Service, Inc. | 7 | 2:12-bk-33409 |
| Sep 10, 2012 | Meghasaagar LLC | 11 | 2:12-bk-33317 |
| Jul 9, 2012 | Cornerstone Properties of WI, LLC. | 7 | 2:12-bk-30333 |
| Aug 2, 2011 | Seneok, LLC | 7 | 2:11-bk-32058 |
