Case Details

CourtDistrict of Nebraska - Bankruptcy
Docket number13-80751
Date case filed2013-04-09
Date case closed
Date of latest filing
Assigned toBankruptcy Judge Timothy J. Mahoney
Case cause
Nature of suit
Jury demand
Demand
Jurisdiction

Case Parties

Party: Waterstone at Panama City Apartments, LLC
Party type: Debtor
Attorney name: William L. Biggs, Jr.
Attorney Contact:
Gross & Welch
2120 So. 72 St.
1500 Omaha Tower
Omaha, NE 68124
(402) 392-1500
Fax : (402) 392-8101
Email:


Attorney name: Frederick D. Stehlik
Attorney Contact:
Gross & Welch, PC
2120 So 72nd St
1500 Omaha Tower
Omaha, NE 68124-2342
(402) 392-1500
Fax : (402) 392-8101
Email:
Party: Patricia Fahey
Party type: U.S. Trustee
U.S. Trustee's Office
111 So 18th Plz
Suite 1148
Omaha, NE 68102
Attorney name: Jerry L. Jensen
Attorney Contact:
US Trustee's Office
111 So 18th Plaza
Suite 1148
Omaha, NE 68102
(402) 221-4300
Email:

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
842013-06-18 Second Application for Compensation for Frederick D. Stehlik, Debtor's Attorney, Fee: $16675.00, Expenses: $673.95. Filed by Attorney Frederick D. Stehlik 9013 Objections due by 6/24/2013. (Stehlik, Frederick) (Entered: 06/18/2013)
852013-06-18 Comment of the United States Trustee Pursuant to 28 U.S.C. § 586(a)(3)(A). The Office of U.S. Trustee has reviewed the Application and reports to the Court that it has no objection to the approval of the fees and expenses requested. The U.S. Trustee reserves the right to comment on or object to any future interim or final fee applications. (RE: related document(s)84 Application for Compensation filed by Debtor Waterstone at Panama City Apartments, LLC) (Jensen, Jerry) (Entered: 06/18/2013)
862013-06-20 Debtor-In-Possession Monthly Operating Report for Filing Period May 2013 Filed by William L. Biggs Jr. on behalf of Waterstone at Panama City Apartments, LLC. (Attachments: # 1 Operating Report (cont'd) # 2 Operating Report (Cont'd) # 3 Operating Report (cont'd) # 4 Operating Report (cont'd)) (Biggs, William) (Entered: 06/20/2013)
872013-06-25 Order Denying Second Interim Application of Gross & Welch, P.C., L.L.O. for Interim Compensation for Services Rendered and Reimbursement of Expenses as Counsel for the Debtor for the Period May 1, 2013 through May 31, 2013 (Related Doc # 84). The movant has not complied with the Nebraska Rules of Bankruptcy Procedure Rule 2016-1(A)(3). The movant shall re-file the application for compensation correctly with the required information disclosed. The application must be noticed appropriately and a certificate of service filed with the court. Movant is responsible for giving notice to parties in interest as required by rule or statute. HEREBY ORDERED by Judge Timothy J. Mahoney. (Text only order) (dkk) (Entered: 06/25/2013)
882013-06-26 Second Application for Compensation (Amended) and Certificate of Service for Frederick D. Stehlik, Debtor's Attorney, Fee: $16,675.00, Expenses: $673.95. Filed by Attorney Frederick D. Stehlik 9013 Objections due by 7/2/2013. (Stehlik, Frederick) (Entered: 06/26/2013)
892013-06-26 Comment of the United States Trustee Pursuant to 28 U.S.C. § 586(a)(3)(A). The Office of U.S. Trustee has reviewed the Application and reports to the Court that it has no objection to the approval of the fees and expenses requested. The U.S. Trustee reserves the right to comment on or object to any future interim or final fee applications. (RE: related document(s)88 Application for Compensation filed by Debtor Waterstone at Panama City Apartments, LLC) (Jensen, Jerry) (Entered: 06/26/2013)
902013-07-03 Order Granting Amended Second Interim Application of Gross & Welch, P.C., L.L.O. for Interim Compensation for Services Rendered and Reimbursement of Expenses as Counsel for the Debtor for the Period May 1, 2013 through May 31, 2013 (Related Doc # 88). Granting for Frederick D. Stehlik, fees awarded: $16675.00, expenses awarded: $673.95. The pleading was duly filed, served and noticed pursuant to local rules. No timely resistance/objection was filed. The motion is granted. Movant is responsible for giving notice to parties in interest as required by rule or statute. HEREBY ORDERED by Judge Timothy J. Mahoney. (Text only order) (dkk) (Entered: 07/03/2013)
912013-07-08 Motion to Dismiss For Other Reasons Filed by Creditor Lenox Mortgage XVIII LLC (Tomjack, Brandon) (Entered: 07/08/2013)
922013-07-08 Hearing Set On (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC). Hearing scheduled for 8/5/2013 at 09:00 AM at Omaha Courtroom-Telephonic Hearing. Objections due by 7/26/2013. Affidavit evidence due by 7/31/2013. (dkk) (Entered: 07/08/2013)
932013-07-11 Certificate of Service of Notice of Hearing on Lenox Mortgage XVIII LLC's Motion to Dismiss Debtor's Bankruptcy Case Filed by Creditor Lenox Mortgage XVIII LLC (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC, 92 Hearing (Bk)) (Tomjack, Brandon) (Entered: 07/11/2013)
942013-07-16 Motion to Extend Order Authorizing the Limited Use of Cash Collateral and Granting Adequate Protection Filed by Debtor Waterstone at Panama City Apartments, LLC 9013 Objections due by 8/6/2013. (Stehlik, Frederick) (Entered: 07/16/2013)
952013-07-16 Debtor-In-Possession Monthly Operating Report for Filing Period June 2013 Filed by William L. Biggs Jr. on behalf of Waterstone at Panama City Apartments, LLC. (Attachments: # 1 Operating Report (cont'd) # 2 Operating Report (cont'd)) (Biggs, William) (Entered: 07/16/2013)
962013-07-16 Withdrawal of Motion to Extend Order Authorizing the Limited Use of Cash Collateral and Granting Adequate Protection Filed by Frederick D. Stehlik on behalf of Waterstone at Panama City Apartments, LLC. (RE: related document(s)94 Generic Motion filed by Debtor Waterstone at Panama City Apartments, LLC) (Stehlik, Frederick) (Entered: 07/16/2013)
972013-07-17 Court entry (RE: related document(s)94 Motion to Extend Order Authorizing the Limited Use of Cash Collateral and Granting Adequate Protection filed by Debtor Waterstone at Panama City Apartments, LLC). No action will be taken by the court on the related Pleading due to the filing of the withdrawal. Any associated hearing and/or deadlines have been terminated. (Text Only) (dkk) (Entered: 07/17/2013)
982013-07-18 The August 5, 2013, is continued by motion of the court: (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC). The Hearing is rescheduled for 8/1/2013 at 10:00 AM at Omaha Courtroom-Telephonic Hearing. The objection deadline of 7/26/2013 and evidence deadline of 7/31/2013 shall remain as scheduled. Parties intending to participate by telephone must dial into the AT&T TeleConference Center 5 minutes prior to the scheduled hearing at the toll free number 1-888-684-8852, access code 5799715, security code 0804. The court will not call the participants. PARTICIPANT INSTRUCTIONS FOR ENTERING PHONE CONFERENCE and TELEPHONE HEARING PROTOCOL can be found on the courts website: www.neb.uscourts.gov Movant is responsible for giving notice to parties in interest as required by rule or statute. (Text only entry) (drs) (Entered: 07/18/2013)
992013-07-22 Motion to Quash Filed by Movant Gerald Keating (Attachments: # 1 Exhibit Subpoena # 2 Exhibit Subpoena # 3 Exhibit Subpoena # 4 Exhibit Letter) (Stalnaker, John) (Entered: 07/22/2013)
1002013-07-23 Hearing August 1, 2013 Hearing is Continued Upon Request of Movant: (RE: related document 91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC). The Hearing is rescheduled for 8/26/2013 at 09:00 AM at Omaha Courtroom-Telephonic Hearing. Objections due by 8/19/2013. Affidavit evidence deadline is 8/21/2013. Parties intending to participate by telephone must dial into the AT&T TeleConference Center 5 minutes prior to the scheduled hearing at the toll free number 1-888-684-8852, access code 5799715, security code 0804. The court will not call the participants. PARTICIPANT INSTRUCTIONS FOR ENTERING PHONE CONFERENCE and TELEPHONE HEARING PROTOCOL can be found on the courts website: www.neb.uscourts.gov. Movant is responsible for giving notice to parties in interest as required by rule or statute. Counsel for Lenox Mortgage XVIII LLC has consented to the hearing beyond the 30 days required by 11 U.S.C. Sec. 1112(b)(3). (dkk) (Entered: 07/23/2013)
1012013-07-25 Third Application for Compensation for Frederick D. Stehlik, Debtor's Attorney, Fee: $14,862.00, Expenses: $459.20. Filed by Attorney Frederick D. Stehlik 9013 Objections due by 7/30/2013. (Stehlik, Frederick) (Entered: 07/25/2013)
1022013-07-29 Comment of the United States Trustee Pursuant to 28 U.S.C. § 586(a)(3)(A). The Office of U.S. Trustee has reviewed the Application and reports to the Court that it has no objection to the approval of the fees and expenses requested. The U.S. Trustee reserves the right to comment on or object to any future interim or final fee applications. (RE: related document(s)101 Application for Compensation filed by Debtor Waterstone at Panama City Apartments, LLC) (Jensen, Jerry) (Entered: 07/29/2013)
1032013-07-30 Certificate of Service of Amended Notice of Hearing on Lenox Mortgage XVII LLC's Motion to Dismiss Debtor's Bankruptcy Case Filed by Creditor Lenox Mortgage XVIII LLC (RE: related document(s) 100 Hearing (Bk) Cont) (Tomjack, Brandon) (Entered: 07/30/2013)
1042013-07-31 Order Granting Third Interim Application of Gross & Welch, P.C. L.L.O. For Interim Compensation for Services Rendered and Reimbursement of Expenses as Counsel for the Debtor for the Period June 1, 2013 Through June 30, 2013 (Related Doc # 101). Granting for Frederick D. Stehlik, fees awarded: $14862.00, expenses awarded: $459.20. The pleading was duly filed, served and noticed pursuant to local rules. No timely resistance/objection was filed. The motion is granted. Movant is responsible for giving notice to parties in interest as required by rule or statute. HEREBY ORDERED by Judge Timothy J. Mahoney. (Text only order) (dkk) (Entered: 07/31/2013)
1152013-08-29 Resistanceto Lenox Mortgage XVIII LLC's Motion to Dismiss Filed by Debtor Waterstone at Panama City Apartments, LLC (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Attachments: # 1 Debtor's Mailing Matrix) (Stehlik, Frederick) (Entered: 08/29/2013)
1162013-09-03 Affidavit of Jeff Strole in Support of Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/3/2013 (nmw). (Entered: 09/03/2013)
1172013-09-03 Affidavit of Pat Keane in Support of Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/3/2013 (nmw). (Entered: 09/03/2013)
1182013-09-03 Equity Security Holders Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC (Related document(s) 91 Motion to Dismiss For Other Reasons filed by Creditor Lenox Mortgage XVIII LLC). (Attachments: # 1 Exhibit Part 1 Attachment Motion for Default # 2 Exhibit Part 2 Attachment Affidavit of Exhibit Inclusion to Court File # 3 Exhibit Part 3 Attachment Order for Default Judgment) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/3/2013 (nmw). (Entered: 09/03/2013)
1192013-09-03 EXHIBIT - Certified Copy of Merit Asset Mgmt LLC Complaint Against Waterstone & Tapestry in Douglas County District Court in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (Attachments: # 1 Exhibit Part 1 Attachment Motion for Default # 2 Exhibit Part 2 Attachment Affidavit of Exhibit Inclusion to Court File # 3 Exhibit Part 3 Attachment Order for Default Judgment) (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/3/2013 (nmw). (Entered: 09/03/2013)
1202013-09-03 EXHIBIT - Certified Copy of Charter Group of AZ Complaint Against Waterstone & Tapestry in Douglas County District Court (This Filing Amends Filing No. 118) in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (Attachments: # 1 Exhibit Part 1 Attachment Motion for Default # 2 Exhibit Part 2 Attachment Affidavit of Exhibit Inclusion to Court File # 3 Exhibit Part 3 Attachment Order for Default Judgment) (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/3/2013 (nmw). (Entered: 09/03/2013)
1212013-09-03 EXHIBIT - Certified Copy of Charter Group of AZ Order for Default Judgment Against Waterstone & Tapestry in Douglas County District Court in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/3/2013 (nmw). (Entered: 09/03/2013)
1222013-09-03 EXHIBIT - Certified Copy of Charter Group of AZ Judgment Against Waterstone & Tapestry Transcribed in Circuit Court of Bay County, FL & Recorded 5/17/2011 in Real Estate, Book 3323 Page 1188 in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/3/2013 (nmw). (Entered: 09/03/2013)
1232013-09-03 EXHIBIT - Certified Copy of Merit Asset Mgmt LLC Order for Default Judgment Against Waterstone & Tapestry in Douglas County District Court, Transcribed in the Circuit Court of Bay County, FL Doc. 1113 Page 635 in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/3/2013 (nmw). (Entered: 09/03/2013)
1242013-09-03 EXHIBIT - Certified Copy of Merit Asset Mgmt LLC Judgment Against Waterstone & Tapestry Transcribed in Circuit Court of Bay County, FL & Recorded 5/17/2011 in Real Estate, Book 3323 Page 1217 in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/4/2013 (nmw). (Entered: 09/03/2013)
1252013-09-03 EXHIBIT - Lenox Mortgage c Waterstone & Tapestry Defendants' Answer and Affirmative Defenses in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/4/2013 (nmw). (Entered: 09/03/2013)
1262013-09-03 EXHIBIT - Construction Enterprises Order for Contempt Against Waterstone and Tapestry in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (Attachments: # 1 Exhibit Part 2 Order for Contempt # 2 Exhibit Part 3 Order for Contempt # 3 Exhibit Part 4 Order for Contempt) (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/4/2013 (nmw). (Entered: 09/03/2013)
1272013-09-03 EXHIBIT - Plaintiff Springbrook Apartments Second Amended Original Petition Against Tapestry in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/4/2013 (nmw). (Entered: 09/03/2013)
1282013-09-03 EXHIBIT - Certified Copy of Tapestry's Articles of Incorporation in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/4/2013 (nmw). (Entered: 09/03/2013)
1292013-09-03 EXHIBIT - Certified Copy of Tapestry's Certificate of Dissolution in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon). LINKAGE CORRECTED. Modified on 9/4/2013 (nmw). (Entered: 09/03/2013)
1302013-09-03 EXHIBIT - Letter from John C. Goldner, M.D. Dated August 12, 2013 Regarding Gerald Keating in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1312013-09-03 EXHIBIT - May 10, 2013 Letter to S. Bylinski with Debtor's April Operating Report in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (Attachments: # 1 Exhibit Part 2 May 10, 2013 Letter to S. Bylinski with Debtor's April Operating Report) (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1322013-09-03 EXHIBIT - Deposition of Eugene Wilczewski Dated June 5, 2013 in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1332013-09-03 EXHIBIT - Lenox Designation of Deposition Testimony of Eugene Wilczewski in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1342013-09-03 EXHIBIT - Deposition of Sam Murante Dated July 18, 2013 in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1352013-09-03 EXHIBIT - Lenox Designation of Deposition Testimony of Sam Murante in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1362013-09-03 Affidavit of Edward E. Wilczewski in Support of Objection to Motion to Dismiss. Filed by Frederick D. Stehlik on behalf of Waterstone at Panama City Apartments, LLC. (RE: related document(s)115 Resistance filed by Debtor Waterstone at Panama City Apartments, LLC) (Stehlik, Frederick) (Entered: 09/03/2013)
1372013-09-03 Affidavit of Frederick D. Stehlik in Support of Objection to Motion to Dismiss. Filed by Frederick D. Stehlik on behalf of Waterstone at Panama City Apartments, LLC. (RE: related document(s)115 Resistance filed by Debtor Waterstone at Panama City Apartments, LLC) (Stehlik, Frederick) (Entered: 09/03/2013)
1382013-09-03 EXHIBIT - Michael Wilcox Deposition Dated July 30, 2013 with Exhibits 26, 27, 33, 34, and 36 in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (Attachments: # 1 Exhibit Part 2 Michael Wilcox Deposition Dated July 30, 2013 # 2 Exhibit Wilcox Deposition Exhibit 26 # 3 Exhibit Wilcox Deposition Exhibit 27 # 4 Exhibit Wilcox Deposition Exhibit 33 # 5 Exhibit Wilcox Deposition Exhibit 34 # 6 Exhibit Wilcox Deposition Exhibit 36) (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1392013-09-03 EXHIBIT - Lenox Designation of Deposition Testimony of Michael Wilcox in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1402013-09-03 EXHIBIT - Deposition of Eugene Wilczewski Part 2 Dated August 2, 2013 with Exhibits 44, 45, 48, 51, 52, 53, 54, 55, 56, and 57 in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (Attachments: # 1 Exhibit Wilczewski Deposition Exhibit 44 # 2 Exhibit Wilczewski Deposition Exhibit 45 # 3 Exhibit Wilczewski Deposition Exhibit 48 # 4 Exhibit Wilczewski Deposition Exhibit 51 # 5 Exhibit Wilczewski Deposition Exhibit 52 # 6 Exhibit Wilczewski Deposition Exhibit 53 # 7 Exhibit Wilczewski Deposition Exhibit 54 # 8 Exhibit Wilczewski Deposition Exhibit 55 # 9 Exhibit Wilczewski Deposition Exhibit 56 # 10 Exhibit Wilczewski Deposition Exhibit 57) (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1412013-09-03 EXHIBIT - Lenox Designation of Deposition Testimony of Eugene Wilczewski Dated August 2, 2013 in Support of Lenox Motion to Dismiss. Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1422013-09-03 Brief Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/03/2013)
1432013-09-04 CORRECTIVE ENTRY: THE DOCUMENT HAS BEEN ROTATED TO THE CORRECT POSITION. (RE: related document(s)124 Exhibit filed by Creditor Lenox Mortgage XVIII LLC). (nmw) (Entered: 09/04/2013)
1442013-09-04 CORRECTIVE ENTRY: THE DOCUMENT HAS BEEN ROTATED TO THE CORRECT POSITION. (RE: related document(s)131 Exhibit filed by Creditor Lenox Mortgage XVIII LLC). (Attachments: # 1 Exhibit) (nmw) (Entered: 09/04/2013)
1452013-09-04 Affidavit of Lisa James in Support of Objection to Motion to Dismiss. Filed by Frederick D. Stehlik on behalf of Waterstone at Panama City Apartments, LLC. (Attachments: # 1 Waterstone report) (RE: related document(s)115 Resistance filed by Debtor Waterstone at Panama City Apartments, LLC) (Stehlik, Frederick) (Entered: 09/04/2013)
1462013-09-05 EXHIBIT - Documentation Re: Reinstatement of The Tapestry Group, Inc. in Support of Objection to Motion to Dismiss. Filed by Frederick D. Stehlik on behalf of Waterstone at Panama City Apartments, LLC. (RE: related document(s)115 Resistance filed by Debtor Waterstone at Panama City Apartments, LLC) (Stehlik, Frederick) (Entered: 09/05/2013)
1472013-09-05 Exhibit List Filed by Brandon R. Tomjack on behalf of Lenox Mortgage XVIII LLC. (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC) (Tomjack, Brandon) (Entered: 09/05/2013)
1482013-09-05 Motion to Extend Order Authorizing the Limited Use of Cash Collateral and Granting Adequate Protection Filed by Debtor Waterstone at Panama City Apartments, LLC 9013 Objections due by 9/26/2013. (Stehlik, Frederick) (Entered: 09/05/2013)
1492013-09-05 Order Under Advisement (RE: related document(s)91 Motion to Dismiss Case filed by Creditor Lenox Mortgage XVIII LLC, 115 Resistance filed by Debtor Waterstone at Panama City Apartments, LLC). Hearing held September 5, 2013. Frederick Stehlik appeared for Debtor; Steve Turner and Brandon Tomjack appeared for Lenox Mortgage XVIII, LLC. Evidence admitted: Fil. #116, 117, 120, 119, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 140, 141, 134, 135, 138, 139, 136 (with exception of paragraphs 16, 21-24), 137, 145, 146. Judicial Notice: Fil. #1, 3, 39, 67, 76, 77, 79, 86, 88, 95, 101, 105, 108, 109 & 19. Ruling: Under Advisement. HEREBY ORDERED by Judge Timothy J. Mahoney. (Text only order) (dkk) (Entered: 09/05/2013)
1502013-09-05 PDF with attached Audio File. Court Date & Time [ 9/5/2013 9:53:04 AM ]. File Size [ 15344 KB ]. Run Time [ 01:03:56 ]. (CRTclerk). (Entered: 09/06/2013)
1512013-09-10 EXHIBIT - Deposition of Jeffery Michael Strole in Support of Debtor's Resistance to Motion to Dismiss. Filed by Frederick D. Stehlik on behalf of Waterstone at Panama City Apartments, LLC. (Attachments: # 1 Deposition of Jeffery Michael Strole (cont'd)) (RE: related document(s)115 Resistance filed by Debtor Waterstone at Panama City Apartments, LLC) (Stehlik, Frederick) (Entered: 09/10/2013)
1522013-09-10 EXHIBIT - Debtor's Designation of Deposition Testimony of Jeffery Michael Strole in Support of Debtor's Resistance to Motion to Dismiss. Filed by Frederick D. Stehlik on behalf of Waterstone at Panama City Apartments, LLC. (RE: related document(s)115 Resistance filed by Debtor Waterstone at Panama City Apartments, LLC) (Stehlik, Frederick) (Entered: 09/10/2013)
1532013-09-12 Objection to Debtor's Motion for Extension of Time to File a Disclosure Statement and Plan and for an Extension of Exclusive Period Filed by Creditor Lenox Mortgage XVIII LLC (RE: related document(s)105 Motion to Extend Exclusivity Period filed by Debtor Waterstone at Panama City Apartments, LLC) (Tomjack, Brandon) (Entered: 09/12/2013)
1542013-09-13 Hearing Set On (RE: related document(s)105 Motion to Extend Exclusivity Period filed by Debtor Waterstone at Panama City Apartments, LLC, 153 Objection filed by Creditor Lenox Mortgage XVIII LLC). Hearing scheduled for 10/7/2013 at 10:00 AM at Omaha Courtroom-Telephonic Hearing. Affidavit evidence due by 10/2/2013. (dkk) (Entered: 09/13/2013)
1552013-09-16 Withdrawal of Motion to Extend Order Authorizing the Limited Use of Cash Collateral and Granting Adequate Protection Filed by Frederick D. Stehlik on behalf of Waterstone at Panama City Apartments, LLC. (RE: related document(s)148 Generic Motion filed by Debtor Waterstone at Panama City Apartments, LLC) (Stehlik, Frederick) (Entered: 09/16/2013)
1562013-09-16 Court entry (RE: related document(s)148 Motion to Extend Order Authorizing the Limited Use of Cash Collateral and Granting Adequate Protection filed by Debtor Waterstone at Panama City Apartments, LLC). No action will be taken by the court on the related Pleading due to the filing of the withdrawal. Any associated hearing and/or deadlines have been terminated. (Text Only) (dkk) (Entered: 09/16/2013)
1572013-09-18 Debtor-In-Possession Monthly Operating Report for Filing Period August 2013 Filed by Frederick D. Stehlik on behalf of Waterstone at Panama City Apartments, LLC. (Attachments: # 1 Operating Report (cont'd) # 2 Operating Report (cont'd)) (Stehlik, Frederick) (Entered: 09/18/2013)
1582013-09-18 Interim Application for Compensation for Services Rendered and Reimbursement of Expenses as Counsel for the Debtor for the period August 1, 2013 through August 31, 2013, and Request for Payment of Holdback Held for First through Fourth Interim Fee Applications for Frederick D. Stehlik, Debtor's Attorney, Fee: $25,312.00, Expenses: $1,529.51. Filed by Attorney Frederick D. Stehlik 9013 Objections due by 9/23/2013. (Stehlik, Frederick) (Entered: 09/18/2013)
1592013-09-19 Comment of the United States Trustee Pursuant to 28 U.S.C. § 586(a)(3)(A). The Office of U.S. Trustee has reviewed the Application and reports to the Court that it has no objection to the approval of the fees and expenses requested. The U.S. Trustee reserves the right to comment on or object to any future interim or final fee applications. (RE: related document(s)158 Application for Compensation filed by Debtor Waterstone at Panama City Apartments, LLC) (Jensen, Jerry) (Entered: 09/19/2013)
1602013-09-24 Order Granting Fifth Interim Application of Gross & Welch, P.C., L.L.O. For Interim Compensation for Services Rendered and Reimbursement of Expenses as Counsel for the Debtor for the Period August 1, 2013 Through August 31, 2013 and Request for Payment of Holdback Held for First Through Fourth Interim Fee Application (Related Doc # 158). Granting for Frederick D. Stehlik, fees awarded: $25312.00, expenses awarded: $1529.51. The pleading was duly filed, served and noticed pursuant to local rules. No timely resistance/objection was filed. The motion is granted. Movant is responsible for giving notice to parties in interest as required by rule or statute. HEREBY ORDERED by Judge Timothy J. Mahoney. (Text only order) (dkk) (Entered: 09/24/2013)
1612013-10-01 Application to Employ Kay Kauchick, MAI and ValueTech Realty Services, Inc. as Appraiser/Consultant for the Debtor Filed by Debtor Waterstone at Panama City Apartments, LLC (Attachments: # 1 Professional Qualifications for Kay Kauchick # 2 Affidavit of Kay Kauchick # 3 Proposal) (Biggs, William) (Entered: 10/01/2013)
1622013-10-02 Order Granting Application to Employ Kay Kauchick, MAI and ValueTech Realty Services, Inc. as Appraiser/Consultant for the Debtor. (Related Doc # 161) (mkm) The request is approved pursuant to the terms and conditions set forth in the application. It is further ordered that compensation of such appraiser/consultant justify such modification. Movant is responsible for giving notice to parties in interest as required by rule or statute. HEREBY ORDERED by Judge Timothy J. Mahoney. (Text only order). (Entered: 10/02/2013)
1632013-10-02 Affidavit of William L. Biggs in Support of Debtor's Motion for Extension of Time to File a Disclosure Statement and Plan and for an Extension of the Exclusive Period. Filed by William L. Biggs Jr. on behalf of Waterstone at Panama City Apartments, LLC. (RE: related document(s)105 Motion to Extend Exclusivity Period filed by Debtor Waterstone at Panama City Apartments, LLC) (Biggs, William) (Entered: 10/02/2013)