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Yacht Club Vacation Owners Association, Inc.

COURT
Missouri Western Bankruptcy Court
CASE NUMBER
3:2020bk41555
TYPE / CHAPTER
Voluntary / 11V

Filed

8-28-20

Updated

11-17-24

Last Checked

9-28-20

Assets

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Liabilities

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Docket

Last Updated
Sep 3, 2020
Last Entry Filed
Sep 2, 2020

Docket Entries by Quarter

Aug 28, 2020 1 Petition Chapter 11 Subchapter V Voluntary Petition for Non-Individual. (Filing fee to be paid in the amount of $1717 today.) Chapter 11 Subchapter V Plan due by 11/27/2020. (Attachments: # 1 Schedule(s) Form 206 - Summary of Assets and Liabilities for Non-Individuals # 2 Schedule(s) Form 206 A/B - Schedule of Assets -Real and Personal Property # 3 Schedule(s) Form 206D - Creditors Who Have Claims Secured by Property # 4 Schedule(s) Form 206 E/F - Creditors Who Have Unsecured Claims # 5 Schedule(s) Form 206 G - Executory Contracts and Unexpired Leases # 6 Schedule(s) Form 206H - Codebtors # 7 Schedule(s) Form 207 - Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy # 8 Schedule(s) Form 204 - List of Creditors Who Have 20 Largest Unsecured Claims) (Doyle, Daniel) (Entered: 08/28/2020)
Aug 28, 2020 2 Receipt for Voluntary Petition (Chapter 11)( 20-41555-11) [other,volp11] (1717.00), with receipt number A16761698, in the amount of 1717.00 dollars. (re: Doc #1) (U.S. Treasury) (Entered: 08/28/2020)
Aug 28, 2020 3 Disclosure of Compensation of Attorney for Debtor filed by Yacht Club Vacation Owners Association, Inc. (Doyle, Daniel (aty)) (Entered: 08/28/2020)
Aug 28, 2020 4 Entry of Appearance by Adam E. Miller on behalf of The Office Of The United States Trustee (Miller, Adam (aty)) (Entered: 08/28/2020)
Aug 28, 2020 5 Verification by Debtor to Creditor Matrix filed by Yacht Club Vacation Owners Association, Inc. (Attachments: # 1 List of Creditors) (Doyle, Daniel (aty)) (Entered: 08/28/2020)
Aug 28, 2020 6 Motion to Change Divisional Venue to the Southern Division Filed by Yacht Club Vacation Owners Association, Inc. (Doyle, Daniel) Modified on 8/28/2020 (Parle, Cecelia). (Entered: 08/28/2020)
Aug 28, 2020 7 Application by Debtor to Employ Professional Lashly & Baer, PC as Attorney/Firm. Filed by Yacht Club Vacation Owners Association, Inc.. (Attachments: # 1 Exhibit Declaration of Daniel D. Doyle in Support of Debtors Application to Employ Lashly & Baer PC as Counsel for Debtor in Possession) Application to Employ Response due by 09/18/2020. (Doyle, Daniel) (Entered: 08/28/2020)
Aug 28, 2020 8 Amended Petition to show correct status under Subchapter V of Chapter 11 filed by Yacht Club Vacation Owners Association, Inc. (Doyle, Daniel (aty)) (Entered: 08/28/2020)
Aug 31, 2020 9 Order on Preliminary Matters in Subchapter V Cases
Subchapter V Scheduling Order due by 9/21/2020.
(Graham, Beth) (Entered: 08/31/2020)
Aug 31, 2020 10 Federal Tax Returns for the Year for 2018 filed by the Debtor(s). (Doyle, Daniel (aty)) (Entered: 08/31/2020)
Aug 31, 2020 11 Notice of Motion for Order Authorizing Employment of Daniel D. Doyle and Lashly & Baer, PC as Counsel for Debtor filed by Yacht Club Vacation Owners Association, Inc.. Response due by 09/21/2020. (Related document(s)7 Application to Employ Professional by Debtor)(Doyle, Daniel) (Entered: 08/31/2020)
Aug 31, 2020 12 WITHDRAWN 9/2/20 PER DOCUMENT #23- Motion for Order regarding Allowing Debtor to Maintain its Current Bank Accounts and Use Existing Check Stock Filed by Yacht Club Vacation Owners Association, Inc.. (Doyle, Daniel) Modified on 9/3/2020 (Meador, Dawn). (Entered: 08/31/2020)
Aug 31, 2020 13 Motion for Order regarding Authorizing Debtor in Possession Financing Pursuant to 11 U.S.C. § 364(b) Filed by Yacht Club Vacation Owners Association, Inc.. (Doyle, Daniel) (Entered: 08/31/2020)
Aug 31, 2020 14 Motion for Order regarding Governing Notice Pursuant to Fed. R. Bankr. P. 2002(l) Filed by Yacht Club Vacation Owners Association, Inc.. (Doyle, Daniel) (Entered: 08/31/2020)
Aug 31, 2020 15 Pursuant to 11 U.S.C. 1183(a), the United States Trustee has appointed the following qualified individual: Norman Rouse, 5957 EAST 20TH STREET JOPLIN, MISSOURI 64801, 417.782.2222, nrouse@cwrcave.com as Subchapter V Trustee in this case. The Verified Statement of Subchapter V Trustee is attached. Filed by U.S. Trustee.

(Attachments: # 1 Verified Statement)(Miller, Adam) (Entered: 08/31/2020)
Aug 31, 2020 Trustee Norman Rouse added to case pursuant to the United States Trustee's Appointment of Subchapter V Trustee (Document #15).
(Smith, Mindy) (Entered: 08/31/2020)
Aug 31, 2020 16 Order of the Court The Court has reviewed the Debtors Motion to change venue from the Southwestern Division to the Southern Division. The basis of the Motion is that Debtors principal place of business is in Stone County, Missouri, and is more convenient to the Courthouse in Springfield, Missouri. The Motion cannot be granted as filed, because the Debtors venue is actually lodged in the Western Division, not the Southwestern Division, based on Debtors failure to include Stone County on the petition and instead listing Branson, MO as the location of the principal assets. Construing the Motion as a motion to transfer venue from the Western Division to the Southern Division, the Court will nonetheless deny the Motion. The Motion fails to address the convenience of the parties in interest or the interest of justice as required by L.R. 1073-1. A review of the 20 Largest List reveals that the three largest unsecured creditors are in Stone County, as is at least one other unsecured creditor, while only one creditor is in Springfield. Although the court surmises that Debtors counsel believes Springfield may be more convenient for him, convenience of counsel alone is not a factor and counsel in any event is not located in Springfield. Since hearings are being held telephonically or virtually during the pandemic, the physical proximity of the Springfield courthouse to the location of the Debtor is not a factor that outweighs any inconvenience to the creditors located in Stone County. The judge in the Southwestern Division may also choose to hear cases physically at the Springfield courthouse if he chooses, without changing the divisional venue. For these reasons, the Motion to change venue is therefore DENIED. The Court on its own motion orders that venue be transferred to the Southwestern Division. This case is transferred to the Honorable Brian T. Fenimore for further administration. It is so ORDERED by /s/ Cynthia A. Norton. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law.
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.
(Related document(s)6 Motion to Transfer Case Out of District) (Graham, Beth) (Entered: 08/31/2020)
Sep 1, 2020 17 Notice Setting Subchapter V Status Conference
Subchapter V Status Conference to be held on 10/27/2020 at 09:00 AM at Telephone Conference. Pre-Status Conference Report due by 10/13/2020.
Note: To call in for this telephone conference, please dial: 1-888-251-2909. When prompted enter Access Code: 2332127. Parties should email Dawn_Meador@mow.uscourts.gov within 2 days of the hearing with their intent to participate.
(Meador, Dawn) (Entered: 09/01/2020)
Sep 1, 2020 18 Order to Debtor(s) to Show Cause The Debtor(s) is to Show Cause why the order for relief should not be set aside, these bankruptcy proceedings dismissed and, if applicable, the discharge be denied or revoked for failure to provide Declaration re: Electronic Filing ,. This order will be deemed vacated upon timely compliance with its provisions. It is so ORDERED by /s/ Brian T. Fenimore. Incomplete Filings due by 9/15/2020. The Court will serve this Order on parties not receiving electronic notice.
This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Watson, Olivette) (Entered: 09/01/2020)
Sep 1, 2020 19 Order to Debtor(s) to Show Cause The Debtor(s) is to Show Cause why the order for relief should not be set aside, these bankruptcy proceedings dismissed and, if applicable, the discharge be denied or revoked for failure to provide Declaration/Verification of Schedules, Local Rule 2015-2A and B Statements, Corporate Ownership Statement, Statement of Operations for Chapter 11 Small Business (Subchapter V), Amended Petition to include the Debtor's Federal Employer Identification Number (EIN),. This order will be deemed vacated upon timely compliance with its provisions. It is so ORDERED by /s/ Brian T. Fenimore. Incomplete Filings due by 9/15/2020. The Court will serve this Order on parties not receiving electronic notice.
This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Watson, Olivette) (Entered: 09/01/2020)

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Case Information

Court
Missouri Western Bankruptcy Court
Case number
3:2020bk41555
Assets
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Liabilities
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Judge
Brian T. Fenimore
Chapter
11V
Filed
Aug 28, 2020
Type
voluntary
Updated
Nov 17, 2024
Last checked
Sep 28, 2020

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    Parties

    Debtor

    1
    Yacht Club Vacation Owners Association, Inc.
    c/o Herbert H. Patrick, Jr., President
    One Vance Gap Road
    Asheville, NC 28805
    OUTSIDE U. S.
    United States

    Represented By

    Daniel D. Doyle
    Lashly & Baer, P.C.
    714 Locust Street
    St. Louis, MO 63101
    314-436-8373
    Fax : 314-621-2939
    Email: ddoyle@lashlybaer.com

    Trustee

    Norman Rouse
    Collins, Webster & Rouse
    5957 E. 20th Street
    Joplin, MO 64801
    417-782-2222
    Email: twelch@cwrcave.com

    U.S. Trustee

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

    Represented By

    Adam E. Miller
    Office of the United States Trustee
    400 E. 9th St., Ste. 3440
    Kansas City, MO 64106
    816-512-1940
    Fax : 816-512-1967
    Email: adam.e.miller@usdoj.gov

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