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Mike Delprete & Sons Trucking, LLC

COURT
Massachusetts Bankruptcy Court
CASE NUMBER
1:15-bk-11570
TYPE / CHAPTER
Voluntary / 11

Filed

4-23-15

Updated

9-13-23

Last Checked

6-10-15

Assets

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Liabilities

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Docket

Last Updated
Jun 10, 2015
Last Entry Filed
Jun 8, 2015

Docket Entries by Year

There are 40 older docket entries.

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May 16, 2015 39 BNC Certificate of Mailing - PDF Document. (Re: 33 Order) Notice Date 05/15/2015. (Admin.) (Entered: 05/16/2015)
May 18, 2015 40 Notice of Appearance and Request for Notice by Daniel E Burgoyne with certificate of service filed by Creditor People's United Equipment Finance Corp. (Burgoyne, Daniel) (Entered: 05/18/2015)
May 20, 2015 Hearing Held (Re: 14 Order to Show Cause) (ymw) (Entered: 05/20/2015)
May 20, 2015 41 Order dated 5/20/2015. ORDER: WHEREAS THE COURT, ON MAY 5, 2015, ISSUED AN ORDER TO SHOW CAUSE AS TO WHY THE COURT SHOULD NOT DISMISS THIS CASE OR CONVERT IT TO ONE UNDER CHAPTER 7 OR, IN THE ALTERNATIVE, ORDER THE APPOINTMENT OF A CHAPTER 11 TRUSTEE; AND WHEREAS THE DEBTOR FAILED TO RESPOND TIMELY IN WRITING TO THE ORDER TO SHOW CAUSE; AND WHEREAS THE COURT HELD A HEARING ON THE ORDER TO SHOW CAUSE ON MAY 20, 2015; AND WHEREAS THE COURT NOW FINDS THAT THE DEBTOR HAS USED CASH COLLATERAL WITHOUT AUTHORITY, PAID PREPETITION OBLIGATIONS WITHOUT AUTHORITY, SOUGHT USE OF CASH COLLATERAL WITHOUT ADEQUATE NOTICE TO THE CREDITORS HOLDING SECURITY INTERESTS IN THE CASH COLLATERAL, AND OPERATED WITHOUT WORKERS COMPENSATION INSURANCE DURING THE PENDENCY OF THIS CHAPTER 11 CASE; AND WHEREAS THE COURT NOW FINDS AND CONCLUDES, UNDER 11 U.S.C. § 1112(B)(1) AND (4) AND ON THE BASIS OF THESE FINDINGS, THAT CAUSE EXISTS TO DISMISS THIS CASE OR CONVERT IT TO ONE UNDER CHAPTER 7; AND WHEREAS THE COURT FURTHER FINDS UNDER 11 U.S.C. § 1112(B)(1) THAT, IN THE CIRCUMSTANCES, THE BEST INTERESTS OF CREDITORS AND THE ESTATE WOULD BE SERVED NOT BY CONVERSION OR DISMISSAL BUT BY THE APPOINTMENT OF A CHAPTER 11 TRUSTEE AND THAT, UNDER 11 U.S.C. § 1104(A), CAUSE EXISTS TO APPOINT A CHAPTER 11 TRUSTEE; THE COURT HEREBY ORDERS THE UNITED STATES TRUSTEE TO APPOINT A CHAPTER 11 TRUSTEE IN THIS CASE FORTHWITH; AND THE COURT FURTHER ORDERS THE DEBTOR TO CEASE ALL OPERATIONS FORTHWITH AND RETURN ITS VEHICLES TO THE DEBTORS PLACE OF BUSINESS FORTHWITH; PROVIDED, HOWEVER, THAT THE CHAPTER 11 TRUSTEE, ONCE DULY APPOINTED, MAY IN HIS OR HER DISCRETION CONTINUE THE DEBTORS BUSINESS IF AND WHEN WORKERS COMPENSATION INSURANCE IS REINSTATED. (ymw) (Entered: 05/20/2015)
May 20, 2015 42 United States Trustee's Certificate of Appointment of Chapter 11 Trustee Joseph G. Butler, Esq. and Application for Approval of such Appointment. (Bradford, Eric) (Entered: 05/20/2015)
May 20, 2015 43 Order dated 5/20/2015 Appointing Joseph G. Butler as Chapter 11 Trustee Re: 42 United States Trustee's Certificate of Appointment of Chapter 11 Trustee Joseph G. Butler, Esq. and Application for Approval of such Appointment. (ymw) (Entered: 05/20/2015)
May 21, 2015 44 Endorsed Order dated 5/21/2015 Re: 38 Motion filed by Debtor Mike Delprete & Sons Trucking, LLC to Extend Time to File Documents. MOOT. (ymw) (Entered: 05/21/2015)
May 22, 2015 45 Statement of Trustee Pursuant to FRBP Rule 2007.1 with certificate of service filed by Trustee Joseph G. Butler (Attachments: # 1 Certificate of Service) (Butler, Joseph) (Entered: 05/22/2015)
May 22, 2015 46 Application filed by Trustee Joseph G. Butler to Employ Joseph G. Butler as Counsel filed with Affidavit along with certificate of service and proposed order. (Attachments: # 1 Exhibit Sworn Statment of Joseph G. Butler and declaration re electronic case filing # 2 Proposed Order # 3 Certificate of Service) (Butler, Joseph) (Entered: 05/22/2015)
May 22, 2015 47 Expedited Motion filed by Trustee Joseph G. Butler to Convert Case to Chapter 7 with certificate of service. Fee Amount $15 (Butler, Joseph) (Entered: 05/22/2015)
Show 10 more entries
May 27, 2015 57 Motion filed by Creditor People's United Equipment Finance Corp. to Appear Telephonically at Hearing Scheduled for May 28, 2015 [Re: 47 Motion to Convert Case to Chapter 7] with certificate of service. (Burgoyne, Daniel) (Entered: 05/27/2015)
May 27, 2015 58 Bond of Trustee and Approval In the Amount of $100,000.00 With Liberty Mutual Insurance Company As Surety (Butler, Joseph) (Entered: 05/27/2015)
May 27, 2015 59 Motion filed by Creditor IPFS Corporation to Appear Telephonically at Hearing Scheduled for May 28, 2015 [Re: 47 Motion to Convert Case to Chapter 7] with certificate of service. (Deily, Jonathan) (Entered: 05/27/2015)
May 28, 2015 60 Endorsed Order dated 5/28/2015 Re: 59 Motion filed by Creditor IPFS Corporation to Appear Telephonically at Hearing Scheduled for May 28, 2015 [Re: 47 Motion to Convert Case to Chapter 7]. GRANTED. COUNSEL TO IPFS CORPORATION MAY APPEAR TELEPHONICALLY USING THE FOLLOWING DIAL-IN INFORMATION AT THE APPOINTED TIME FOR HEARING: 617-748-6691, PASSCODE 123456. (ymw) (Entered: 05/28/2015)
May 28, 2015 61 Endorsed Order dated 5/28/2015 Re: 57 Motion filed by Creditor People's United Equipment Finance Corp. to Appear Telephonically at Hearing Scheduled for May 28, 2015 [Re: 47 Motion to Convert Case to Chapter 7]. GRANTED. COUNSEL TO PEOPLE'S UNITED EQUIPMENT FINANCE CORP. MAY APPEAR TELEPHONICALLY USING THE FOLLOWING DIAL-IN INFORMATION AT THE APPOINTED TIME FOR HEARING: 617-748-6691, PASSCODE 123456. (ymw) (Entered: 05/28/2015)
May 28, 2015 62 Statement of Financial Affairs filed by Debtor Mike Delprete & Sons Trucking, LLC (Webster, Daniel) (Entered: 05/28/2015)
May 28, 2015 63 Amended Schedule(s) D with certificate of service Fee Amount $30 (Re: 20 20 Largest Unsecured Creditors, Schedules A-J) filed by Debtor Mike Delprete & Sons Trucking, LLC (Webster, Daniel) (Entered: 05/28/2015)
May 29, 2015 64 BNC Certificate of Mailing - PDF Document. (Re: 56 Order) Notice Date 05/28/2015. (Admin.) (Entered: 05/29/2015)
May 29, 2015 65 Order dated 5/29/2015 Re: 47 Expedited Motion filed by Trustee Joseph G. Butler to Convert Case to Chapter 7. HEARING HELD. UPON CONSIDERATION OF THE MOTION AND THE REPORT MADE BY TRUSTEE BUTLER, I FIND THAT CAUSE EXISTS FOR CONVERSION OF THIS CASE AND THAT CONVERSION, RATHER THAN DISMISSAL, IS IN THE BEST INTERESTS OF CREDITORS AND THE ESTATE. IN ADDITION, NO OBJECTIONS TO THE RELIEF SOUGHT BY TRUSTEE BUTLER WERE TIMELY FILED. THE MOTION IS GRANTED AND THE CASE IS HEREBY CONVERTED TO ONE UNDER CHAPTER 7. THE TRUSTEE ALSO REPORTS THAT THIS COURTS ORDER OF MAY 20, 2015 WAS VIOLATED; THAT THE DEBTOR FAILED TO TAKE ITS TRUCKS OFF THE ROAD ON MAY 20, 2015, AND SENT TRUCKS OUT AGAIN ON MAY 21, 2015. COUNSEL TO THE DEBTOR REPRESENTS THAT HE IMMEDIATELY INFORMED THE DEBTORS PRINCIPAL, MICHAEL DELPRETE, OF THE ORDER AND INSTRUCTED MR. DELPRETE TO TAKE THE TRUCKS OFF THE ROAD. MR. DELPRETES BLATANT AND APPARENTLY WILFUL DISREGARD OF THIS COURTS ORDER ENDANGERED THE ESTATE, CREDITORS, THE DEBTORS EMPLOYEES AND THE PUBLIC AT LARGE. IN ADDITION, IT APPEARS THAT THIS CONDUCT RESULTED IN A COST TO THE ESTATE IN THE FORM OF WAGES AND EXPENSES. ON OR BEFORE JUNE 12, 2015 AT 4 PM, MR. DELPRETE IS ORDERED TO SHOW CAUSE IN WRITING WHY THIS COURT SHOULD NOT FIND HIM IN CONTEMPT OR TAKE OTHER ACTION. (ymw) (Entered: 05/29/2015)
May 29, 2015 66 Certificate of Appointment and Acceptance of Trustee and Fixing of Bond (ymw) (Entered: 05/29/2015)

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Case Information

Court
Massachusetts Bankruptcy Court
Case number
1:15-bk-11570
Assets
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Liabilities
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Judge
Frank J. Bailey
Chapter
11
Filed
Apr 23, 2015
Type
voluntary
Terminated
Jul 13, 2020
Updated
Sep 13, 2023
Last checked
Jun 10, 2015

Associated Cases

    Creditors

    Subscribe now or purchase this single case to see the full creditors list.
    AirGas USA LLC
    AJ Equipment Repair Inc.
    Bailey's Diesel Repair
    Bailey's Diesel Repair
    Bank Direct Capital Finance
    Bank Direct Capital Finance
    BJ Kirby Insurance Agency Inc.
    Brockton Recyclery
    Capital One
    Cintas Corporation
    Comcast
    Commerce Insurance
    Commonwealth of Massachusetts
    Covanta 4 Recovery
    DelCorp Mass State Inspection
    There are 29 more creditors. Subscribe now or purchase this single case to see the full creditors list.

    Parties

    Debtor

    Mike Delprete & Sons Trucking, LLC
    365R Centre Avenue
    Rockland, MA 02370
    339-788-4794
    Tax ID / EIN: xx-xxx7253

    Represented By

    Daniel K. Webster
    Webster & Webster
    260 Washington Street
    PO Box 585
    No. Pembroke, MA 02358
    781-826-6712
    Fax : 781-826-6660
    Email: jnb@websterlaw.org

    U.S. Trustee

    John Fitzgerald
    Office of the US Trustee
    J.W. McCormack Post Office & Courthouse
    5 Post Office Sq., 10th Fl, Suite 1000
    Boston, MA 02109

    Represented By

    Eric K. Bradford
    Office of the United States Trustee
    5 Post Office Square
    10th Floor, Suite 1000
    Boston, MA 02109-3934
    617-788-0415
    Fax : 617-565-6368
    Email: Eric.K.Bradford@USDOJ.gov

    Trustee

    Joseph G. Butler
    Law Office of Joseph G. Butler
    355 Providence Highway
    Westwood, MA 02090
    781-636-3638

    Represented By

    Joseph G. Butler
    Law Office of Joseph G. Butler
    355 Providence Highway
    Westwood, MA 02090
    (781) 636-3638
    Email: JGButlerlaw@gmail.com

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