Wheatley v. Power Proz Construction LLC
Adversary Proceeding
Lead BK case is: 3:16-bk-31239
Lead BK case is: 3:16-bk-31239
| Kentucky Western Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Joan A Lloyd |
| Case #: | 3:17-ap-03025 |
| Nature of Suit | 12 Bankruptcy - Recovery of money/property - §547 preference |
| Case Filed: | Jun 01, 2017 |
| Terminated: | Mar 01, 2018 |
| Last checked: never |
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Defendant
Power Proz Construction LLC
2075 Open Fork Rd
Morehead, KY 40351 |
Represented By
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Plaintiff
Michael E Wheatley
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Represented By
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| Docket last updated: 05/14/2025 1:07 PM EDT |
| Tuesday, July 06, 2021 | ||
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court
Receipt Docket Failure - Fee Paid
Tue 07/06 9:06 AM
Filing fee was paid in the amount as indicated in docket text of the previous petition or other document; however, due to an error that was made in the cash register program during the initial receipting, the receipt was not auto-docketed to the case. Fee was paid on 11/12/2020 in the amount of $350.00; Receipt Number is 302493. (Pierce, M) |
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| Thursday, March 01, 2018 | ||
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court
Close Case -AP
Thu 03/01 10:36 AM
Case Closed. (Pierce, M) |
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| Wednesday, February 14, 2018 | ||
| 39 | 39
order
Settlement Agreement
Wed 02/14 2:08 PM
Order Granting Motion for Settlement Agreement Entered on 2/14/2018. (Preston, T) |
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| 38 | 38
notice
Objections
Wed 02/14 9:24 AM
**DISREGARD - DOCKETED IN ERROR** Notice for Objections regarding Motion to Approve Settlement37 . Objections due by 3/7/2018. Any objection must be typewritten and in proper pleading form as required by Federal and Local Rules. (Pierce, M) Modified on 2/14/2018 (Preston, T) |
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| Tuesday, February 13, 2018 | ||
| 37 | 37
motion
Approve Settlement
Tue 02/13 2:04 PM
Motion to Approve Settlement Agreement . Filed by Plaintiff Michael E Wheatley (Larson, Keith) |
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Att: 1
Exhibit A
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Att: 2
Proposed Order
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| Saturday, January 13, 2018 | ||
| 36 | 36
court
BNC Certificate of Mailing - PDF Notice Request
Sun 01/14 12:53 AM
BNC Certificate of Mailing - Notice Request . Notice Date 01/13/2018. (Admin.) |
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| Thursday, January 11, 2018 | ||
| 35 | 35
vorder
Set/Continue/Reschedule -Hearing
Thu 01/11 1:18 PM
Order of the Court to RESCHEDULE a Telephonic Pre-Trial Conference on Adversary case 17-03025 a class="relatedlink" onclick="gotodi(21599988,'Wheatley_v_Power_Proz_Construction_LLC',1);">1 , so ORDERED by /s/ Judge Lloyd. Telephonic Pre-Trial Conference rescheduled for 2/13/2018 at 01:30 PM (Eastern Time). cc: Parties of Record (Rupe, B) |
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| 34 | 34
order
Extend/Shorten/Waive Time
Thu 01/11 12:20 PM
Order Granting Agreed Motion To Vacate Default Judgment , Resolving Motion To Vacate and Extend Time |
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| Monday, January 08, 2018 | ||
| 33 | 33
motion
Vacate
Mon 01/08 3:50 PM
Agreed Motion to Vacate Default Judgment . Filed by Defendant Power Proz Construction LLC (Langdon, Dean) |
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| Friday, January 05, 2018 | ||
| 32 | 32
vorder
Remanding from the Docket-Hearing
Fri 01/05 9:23 AM
Order of the Court REMANDING AND TERMINATING the Status Hearing scheduled on January 4, 2018 on the Motion to Vacate Entry of Default and Default Judgment , Motion to Extend time to file answer. Filed by Defendant Power Proz Construction LLC26 . The parties have advised the Court that an agreed order will be filed, so ORDERED by /s/ Judge Lloyd. Agreed Motion/Order due by 1/26/2018. (Rupe, B) |
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| Thursday, November 16, 2017 | ||
| 31 | 31
court
BNC Certificate of Mailing - PDF Notice Request
Fri 11/17 1:11 AM
BNC Certificate of Mailing - Notice Request . Notice Date 11/16/2017. (Admin.) |
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| Tuesday, November 14, 2017 | ||
| 30 | 30
vorder
Set/Continue/Reschedule -Hearing
Tue 11/14 2:13 PM
Order of the Court REMANDING AND TERMINATING the hearing held on November 14, 2017 on the Motion to Vacate Entry of Default and Default Judgment , Motion to Extend time to file answer. Filed by Defendant Power Proz Construction LLC26 and SETTING a Telephonic Status Hearing on said motion, so ORDERED by /s/ Judge Lloyd. Telephonic Status hearing to be held on 1/4/2018 at 01:30 PM (Eastern Time). cc: Parties of Record (Rupe, B) |
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| Tuesday, November 07, 2017 | ||
| 29 | 29
answer
Objection
Tue 11/07 4:58 PM
Objection to Motion to Vacate Entry of Default and Default Judgment filed by Defendant Power Proz Construction LLC26 , Motion to Extend time to file answer. Filed by Plaintiff Michael E Wheatley (Bordy, Neil) |
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| Sunday, October 29, 2017 | ||
| 28 | 28
court
BNC Certificate of Mailing - Hearing
Mon 10/30 12:56 AM
BNC Certificate of Mailing - Hearing . Notice Date 10/29/2017. (Admin.) |
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| Friday, October 27, 2017 | ||
| 27 | 27
notice
Hearing(Document)
Fri 10/27 1:33 PM
Notice of Hearing regarding Motion to Vacate Entry of Default and Default Judgment and Motion to Extend time to file answer23 22 Filed by Defendant Power Proz Construction LLC26 . ANY OBJECTION TO THE MOTION HEREIN SHALL BE FILED WITH THE COURT NO LATER THAN SEVEN DAYS PRIOR TO THE DATE OF HEARING. Hearing scheduled for 11/14/2017 at 10:00 AM (Eastern Time) at Courtroom #1, 5th Fl. (7th St. Elevators), 601 West Broadway, Louisville, KY 40202. cc: sl (Gudgel, A) |
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| Thursday, October 26, 2017 | ||
| 26 | 26
motion
Extend/Shorten/Waive Time
Thu 10/26 2:47 PM
Motion to Vacate Entry of Default and Default Judgment , Motion to Extend time to file answer . Filed by Defendant Power Proz Construction LLC (Langdon, Dean) |
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Att: 1
Affidavit of Pam Warren
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Att: 2
Proposed Order
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| Sunday, October 15, 2017 | ||
| 25 | 25
court
BNC Certificate of Mailing - PDF Notice Request
Mon 10/16 12:54 AM
BNC Certificate of Mailing - Notice Request . Notice Date 10/15/2017. (Admin.) |
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| Saturday, October 14, 2017 | ||
| 24 | 24
court
BNC Certificate of Mailing - PDF Notice Request
Sun 10/15 12:59 AM
BNC Certificate of Mailing - Notice Request . Notice Date 10/14/2017. (Admin.) |
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| Friday, October 13, 2017 | ||
| 23 | 23
order
Default Judgment - Entered by the Clerk
Fri 10/13 8:40 AM
Order Granting Motion For Default Judgment Against Defendan Entered on 10/13/2017. (Pierce, M) |
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| Thursday, October 12, 2017 | ||
| 22 | 22
motion
Default Judgment - Entered by the Clerk - Fed. R. Bank. P. 7055(b)(1)
Thu 10/12 1:32 PM
Motion for Default Judgment to be Entered by the Clerk of Court against Power Proz Construction LLC. Filed by Plaintiff Michael E Wheatley (Larson, Keith) |
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Att: 1
Exhibit A
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Att: 2
Default Judgment
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| 21 | 21
court
Clerk's Entry of Default
Thu 10/12 7:34 AM
Clerk's Entry of Default against Defendant Power Proz Construction, LLC . (Pierce, M) |
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| Wednesday, October 11, 2017 | ||
| 20 | 20
motion
Default - Request for Clerk's Entry of Default - Fed. R. Bank. P. 7055(a)
Wed 10/11 4:17 PM
Request for Clerk's Entry of Default against Power Proz Construction LLC. Filed by Plaintiff Michael E Wheatley (Larson, Keith) |
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Att: 1
Affidavit
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Att: 2
Entry of Default
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| Wednesday, August 30, 2017 | ||
| 19 | 19
order
Miscellaneous Relief
Wed 08/30 3:44 PM
Order Denying9 First Motion to Dismiss Adversary Proceeding filed by Defendant Power Proz Construction LLC for failure to appear and prosecute said motion. Pre-Trial Conference continued to 10/12/2017 at 10:00 AM EASTERN TIME at Telephonic Hearing. Defendant shall have up to and including 9/22/2017 to file an Answer. Entered on 8/30/2017 (Pierce, M) |
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| Friday, August 18, 2017 | ||
| 18 | 18
misc
Notice to Withdraw as Attorney
Fri 08/18 12:19 PM
Notice to Withdraw as Attorney. Filed by Power Proz Construction LLC |
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| Thursday, August 17, 2017 | ||
| 17 | 17
court
BNC Certificate of Mailing - PDF Notice Request
Fri 08/18 1:11 AM
BNC Certificate of Mailing - Notice Request . Notice Date 08/17/2017. (Admin.) |
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| 16 | 16
court
BNC Certificate of Mailing - Hearing
Fri 08/18 1:11 AM
BNC Certificate of Mailing - Hearing . Notice Date 08/17/2017. (Admin.) |
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| Tuesday, August 15, 2017 | ||
| 15 | 15
vorder
Set/Continue/Reschedule -Hearing
Tue 08/15 7:56 AM
Order of the Court to RESCHEDULE the Pre-Trial Conference presently scheduled for August 31, 2017 on Adversary case 17-03025 a class="relatedlink" onclick="gotodi(21599988,'Wheatley_v_Power_Proz_Construction_LLC',1);">1 , so ORDERED by /s/ Judge Lloyd. Pre-Trial Conference scheduled on 8/29/2017 at 10:00 AM (Eastern Time) at Courtroom #1, 5th Fl. (7th St. Elevators), 601 West Broadway, Louisville, KY 40202. ANY PARTY WISHING TO APPEAR BY VIDEO CONFERENCE AT ONE OF THE VIDEO CONFERENCE SITES IN THE WESTERN DISTRICT MUST CONTACT THE COURT BY PHONE NO LATER THAN TWO BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING. cc: Parties of Record (Rupe, B) |
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| 14 | 14
notice
Hearing(Document)
Tue 08/15 7:51 AM
Notice of Hearing regarding the First Motion to Dismiss Adversary Proceeding . Filed by Defendant Power Proz Construction LLC9 . Hearing scheduled for 8/29/2017 at 10:00 AM (Eastern Time) at Courtroom #1, 5th Fl. (7th St. Elevators), 601 West Broadway, Louisville, KY 40202. ANY PARTY WISHING TO APPEAR BY VIDEO CONFERENCE AT ONE OF THE VIDEO CONFERENCE SITES IN THE WESTERN DISTRICT MUST CONTACT THE COURT BY PHONE NO LATER THAN TWO BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING. cc: Parties of Record (Rupe, B) |
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| Monday, August 14, 2017 | ||
| 13 | 13
answer
Objection
Mon 08/14 4:45 PM
Objection to First Motion to Dismiss Adversary Proceeding filed by Defendant Power Proz Construction LLC9 . Filed by Plaintiff Michael E Wheatley (Larson, Keith) |
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Att: 1
Exhibit 1
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| Wednesday, July 26, 2017 | ||
| 12 | 12
court
BNC Certificate of Mailing - PDF Notice Request
Thu 07/27 1:22 AM
BNC Certificate of Mailing - Notice Request . Notice Date 07/26/2017. (Admin.) |
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| Monday, July 24, 2017 | ||
| 11 | 11
vorder
Set/Continue/Reschedule -Hearing
Mon 07/24 1:42 PM
Order of the Court to continue the TELEPHONIC Pre-Trial Conference presently scheduled for July 27, 2017 on Adversary case 17-03025 a class="relatedlink" onclick="gotodi(21599988,'Wheatley_v_Power_Proz_Construction_LLC',1);">1 , so ORDERED by /s/ Judge Lloyd. TELEPHONIC Pre-Trial Conference scheduled on 8/31/2017 at 10:30 AM (Eastern Time). cc: Parties of Record (Rupe, B) |
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notice
Objections
Mon 07/24 1:40 PM
Notice for Response to be filed by Plaintiff regarding9 First Motion to Dismiss Adversary Proceeding filed by Defendant Power Proz Construction LLC. Response due on or before 8/14/2017. (Pierce, M) |
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| Friday, July 21, 2017 | ||
| 10 | 10
court
BNC Certificate of Mailing - PDF Notice Request
Sat 07/22 1:04 AM
BNC Certificate of Mailing - Notice Request |
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| 9 | 9
motion
Dismiss Adversary Proceeding
Fri 07/21 9:26 AM
First Motion to Dismiss Adversary Proceeding . Filed by Defendant Power Proz Construction LLC |
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Att: 1
Supplement Memorandum In Support
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Att: 2
Proposed Order
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| Wednesday, July 19, 2017 | ||
| 8 | 8
notice
PDF Notice Request-Selected Parties
Wed 07/19 9:32 AM
PDF Notice Request to K. Reed regarding |
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court
Notice of Deficiency-Pleading Must Be Refiled
Wed 07/19 9:29 AM
Notice of Deficiency regarding Motion to Dismiss. Deficiencies - incorrect event code and no proposed Order attached. Must be corrected by refiling entire document under the AP motion event- Dismiss Adversary Proceeding. A proposed Order must also be filed (as required with all motions). No further action will be taken by the Court unless pleading is refiled. . In addition, the attorney failed to set up an email account in ECF. The attorney is required to set up the email account in order to receive electronic notifications in this case. (Smithson, M) |
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| Tuesday, July 18, 2017 | ||
| 7 | 7
motion
Dismiss Case - Other
Tue 07/18 1:49 PM
First Motion to Dismiss Case of Trustee's Adversary Complaint . Filed by Defendant Power Proz Construction LLC. |
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Att: 1
Supplement Memorandum of Law In Support of Motion to Dismiss
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| 6 | 6
misc
Notice of Appearance and Request for Notice
Tue 07/18 1:44 PM
Notice of Appearance and Request for Notice by Kenneth R. Reed . Filed by on behalf of Power Proz Construction LLC |
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| Thursday, June 08, 2017 | ||
| 5 | 5
cmp
Summons Service Executed
Thu 06/08 10:52 AM
Summons Service Executed on Power Proz Construction LLC on June 8, 2017. (Bordy, Neil) |
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| Friday, June 02, 2017 | ||
| 4 | 4
court
Summons and Scheduling Order Issued
Fri 06/02 8:21 AM
Summons and Scheduling Order Issued to Plaintiff for Service on Power Proz Construction LLC Answer Due 7/3/2017.. Pre-Trial Conference scheduled on 7/27/2017 at 10:00 AM EASTERN TIME at Telephonic Hearing. (Pierce, M) |
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| 3 | 3
vorder
Defer Fee - AP
Fri 06/02 8:15 AM
Order of the Court GRANTING2 Application to Defer Fee for AP 17-3025 in the amount of $350.00, so ORDERED by /s/ Judge Lloyd. (Pierce, M) |
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| Thursday, June 01, 2017 | ||
| 2 | 2
motion
Defer Fee
Thu 06/01 4:58 PM
Application to Defer Fee for AP . Filed by Plaintiff Michael E Wheatley (Bordy, Neil) |
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Att: 1
Proposed Order
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| 1 | 1
cmp
Complaint
Thu 06/01 4:56 PM
Adversary case 17-03025 (12 (Recovery of money/property - 547 preference)) Complaint To Avoid Preferential Transfers by Neil Charles Bordy on behalf of Michael E Wheatley against Power Proz Construction LLC. (Bordy, Neil) |
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Att: 1
Exhibit A
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