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NB Commons, LLC

COURT
Washington Eastern Bankruptcy Court
CASE NUMBER
2:2023bk01053
TYPE / CHAPTER
Involuntary / 11

Filed

8-23-23

Updated

9-24-23

Last Checked

9-25-23

Assets

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Liabilities

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Docket

Last Updated
Sep 25, 2023
Last Entry Filed
Sep 20, 2023

Docket Entries by Week of Year

There are 41 older docket entries.

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Sep 5 40 ORDER for Relief in Ch 11 Involuntary Case (RE: 1). (TLJ) (Entered: 09/05/2023)
Sep 7 41 PDF with attached Audio File. Court Date & Time [ 9/6/2023 3:29:38 PM ]. File Size [ 15792 KB ]. Run Time [ 00:32:54 ]. (JoleneBritton). (Entered: 09/07/2023)
Sep 7 42 MINUTE Entry Re: Motions. HELD. The court continued the Motion to Dismiss to open court on 10-4 at 10 a.m., US Post Office Bldg, 904 W Riverside Ave, 3rd Floor Courtroom, Spokane, WA. Any additional oppositions to be filed no later than 9-27 and any responses to be filed no later than 9-29. Based upon the agreement on the record, counsel shall submit an order authorizing the turnover of assets (interim basis) with all rights of secured creditor being reserved. Mr. Day shall submit the order, circulating to counsel herein. The Debtor intends to file first day motions and hearing time is reserved on 9-13 at 9 a.m. at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. If GreyHawk files a motion for relief from stay it should be filed no later than 9-15 if counsel intends to argue on 10-4. Appearances: James Day, attorney for debtor; Gregory R. Fox and Matthew Bouslog, attorneys for GreyHawk SSFO Ruckus Lender, LLC; John Munding, attorney for petitioning creditors; and Gary Dyer, attorney for the U.S. Trustee. (RE Motion to Shorten Time 32 , Stipulation Re Authorization to Turnover Assets 9 , Motion to Dismiss Case 19 , Motion to Shorten Time 22 ) (Entered: 09/07/2023)
Sep 8 43 ORDER Uploaded. Filed by Day, James. (RE: 9 ) (Entered: 09/08/2023)
Sep 8 44 ORDER Approving Stipulation with Receiver for Turnover of Assets (RE: Stipulation9). (TJL) (Entered: 09/08/2023)
Sep 12 45 MOTION to Extend Time to File Document: Motion for Order Extending Deadlines to File Mailing Matrix, Schedules and Statement of Financial Affairs to September 19, 2023 to file Matrix and to October 19, 2023 to file Schedules and Statement of Financial Affairs and Notice. Filed by James L Day on behalf of NB Commons, LLC. (Attachments: # 1 Proposed Form of Order) (Day, James) (Entered: 09/12/2023)
Sep 12 46 MOTION for Adequate Assurance --Emergency Motion for Order Approving Adequate Assurance to Utilities and Notice. Filed by James L Day on behalf of NB Commons, LLC. (Attachments: # 1 Proposed Form of Order) (Day, James) (Entered: 09/12/2023)
Sep 13 47 MINUTE Entry. AMENDED NOTE - the tentative hearing set on 9-13 on cash collateral/financing has been moved to 9-15 at 12 p.m.Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. https://www.zoomgov.com/j/1606922376 (RE: Minutes of Proceedings 42 ). (JKB) (Entered: 09/13/2023)
Sep 13 48 DECLARATION of Brian Nelson in Support of Emergency Motions signed by Brian Nelson (RE: Motion to Extend Time to File Document45, Motion for Adequate Assurance46). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) (Entered: 09/13/2023)
Sep 13 49 MOTION to Shorten Time (RE: Motion to Extend Time to File Document45, Motion for Adequate Assurance46) . Filed by Richard B Keeton on behalf of NB Commons, LLC. (Attachments: # 1 Proposed Form of Order) (Keeton, Richard) (Entered: 09/13/2023)
Show 10 more entries
Sep 14 60 MOTION to Authorize Debtor to Pay Prepetition Lease Deposit Refunds in the Ordinary Course. Filed by Richard B Keeton on behalf of NB Commons, LLC. (Attachments: # 1 Proposed Form of Order) (Keeton, Richard) (Entered: 09/14/2023)
Sep 14 61 DECLARATION in Support of Motion for Order Authorizing Debtor to Pay Prepetition Lease Deposit Refunds signed by Brian Nelson (RE: Motion to Authorize60). Filed by Richard B Keeton on behalf of NB Commons, LLC (Keeton, Richard) (Entered: 09/14/2023)
Sep 14 62 NOTICE of Hearing. Filed by Richard B Keeton on behalf of NB Commons, LLC (RE: Motion to Authorize60, Declaration61). The Hearing date is set for 10/4/2023 at 10:00 AM at Zoomgov.com or call 669-254-5252, Meeting ID: 160 692 2376. (Keeton, Richard) (Entered: 09/14/2023)
Sep 15 63 DECLARATION of Jake Jarman in Support of Emergency Motion for Interim Approval of Use of Cash Collateral signed by Jake Jarman (RE: Motion to Use Cash Collateral51). Filed by James L Day on behalf of NB Commons, LLC (Day, James) (Entered: 09/15/2023)
Sep 15 64 OBJECTION (RE: Motion to Use Cash Collateral51). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) (Entered: 09/15/2023)
Sep 15 65 DECLARATION signed by Gregory R. Fox (RE: Objection64). Filed by Gregory R Fox on behalf of Greyhawk SSOF Ruckus Lender, LLC (Fox, Gregory) (Entered: 09/15/2023)
Sep 15 66 PDF with attached Audio File. Court Date & Time [ 9/15/2023 12:02:18 PM ]. File Size [ 16800 KB ]. Run Time [ 00:35:00 ]. (JoleneBritton). (Entered: 09/15/2023)
Sep 15 67 MINUTE Entry Re: Motions. HELD. The Motions were granted based upon the agreements set out on the record. Mr. Day shall submit the orders after circulating to counsel herein. An order to provide for the turnover of funds, shall include language that the liens of GreyHawk will not be altered, even if banks are changed, and a deposit control agreement to be signed as soon as possible. The final hearing to commence on 10-18 at 10 a.m. US Post Office Bldg, 904 W Riverside Ave, 3rd Floor Courtroom, Spokane, WA. The proposed final order to be submitted no later than 10-9 and any objections shall be filed no later than 10-13. The time for GreyHawk to file a motion for relief from stay is extended to 9-21. If this date does not work, a new date may be assigned for hearing. Discussion ensued as to the dip account and compliance with the U.S. Trustee guidelines. On the extension motion, the top 20 creditor list is extended to 9-21, if possible. Appearances: James Day, attorney for debtor; Gregory Fox, Matthew Bouslog, and James B. Zack, attorneys for GreyHawk SSFO Ruckus Lender, LLC; John D. Munding, attorney for creditors Sherer, Baldin, and Von Falkenburg, creditors (petitioning creditors); Tim Sherer, creditor; and Gary Dyer, attorney for U.S. Trustee. (RE: Motion to Extend Time to File Document 45 , Motion for Adequate Assurance 46 , Motion to Use Cash Collateral 51 ). (JKB) (Entered: 09/15/2023)
Sep 15 68 ORDER Uploaded. Filed by Day, James. (RE: 45 ) (Entered: 09/15/2023)
Sep 15 69 ORDER Uploaded. Filed by Day, James. (RE: 46 ) (Entered: 09/15/2023)

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Case Information

Court
Washington Eastern Bankruptcy Court
Case number
2:2023bk01053
Assets
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Liabilities
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Judge
Frederick P. Corbit
Chapter
11
Filed
Aug 23, 2023
Type
involuntary
Updated
Sep 24, 2023
Last checked
Sep 25, 2023

Associated Cases

    This case has no creditors listed.

    Parties

    Debtor

    NB Commons, LLC
    Nelson Brothers Meadow View, LLC
    20 Enterprise, Suite 400
    Aliso Viego, CA 92656
    WHITMAN-WA
    aka The Ruckus Student Living

    Represented By

    Thomas A Buford
    Bush Kornfeld LLP
    601 Union Street, Suite 5000
    Seattle, WA 98101
    206-292-2110
    Email: tbuford@bskd.com
    James L Day
    Bush Strout & Kornfeld
    601 Union Street
    Suite 5000
    Seattle, WA 98101
    206-292-2110
    Fax : 206-292-2104
    Email: jday@bskd.com
    Richard B Keeton
    Bush Kornfeld LLP
    601 Union Street
    Suite 5000
    Seattle, WA 98101
    206-292-2110
    Email: rkeeton@bskd.com

    Petitioning Creditor

    Tim Sherer
    93 Fredrick Street
    Unit A
    Santa Cruz, CA 95062

    Represented By

    John D Munding
    Munding, P.S.
    309 E Farwell Rd, Ste 310
    Spokane, WA 99218-1152
    509-590-3849
    Email: John@Mundinglaw.com

    Petitioning Creditor

    Dominic Baldini
    155 Bovet Rd.
    #725
    San Mateo, CA 94902

    Represented By

    John D Munding
    (See above for address)

    Petitioning Creditor

    Wolf Von Falkenburg
    1262 Hitt Lane
    Goodlettsville, TN 37072

    Represented By

    John D Munding
    (See above for address)

    Us Trustee

    US Trustee
    US Court House
    920 W Riverside Ave, Suite 593
    Spokane, WA 99201
    509-353-2999

    Represented By

    Gary W Dyer
    U S Trustee's Office
    920 W Riverside Ave
    Suite 593
    Spokane, WA 99201
    509-353-2999
    Fax : 509-353-3124
    Email: Gary.W.Dyer@usdoj.gov

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