FOSTER v. CAN CAPITAL MERCHANT SERVICES, INC. et al

Adversary Proceeding
Lead BK case is: 2:15-bk-60979

Montana Bankruptcy Court
Chapter 11
Judge:Terry L Myers
Case #: 2:17-ap-00073
Nature of Suit2 Bankruptcy - Other
91 Bankruptcy - Declaratory judgment
12 Bankruptcy - Recovery of money/property - §547 preference
13 Bankruptcy - Recovery of money/property - §548 fraudulent transfer
14 Bankruptcy - Recovery of money/property - other
Case Filed:Oct 20, 2017
Terminated:Nov 12, 2019
Last checked: never
Defendant
CAN CAPITAL MERCHANT SERVICES, INC.
The Corporation Trust Company Corporation Trust Center 1209 Orange St.
Wilmington, DE 19801
Represented By
CAN CAPITAL MERCHANT SERVICES, INC.
contact info
Defendant
JOHN DOES 1-10
Represented By
JOHN DOES 1-10
contact info
Plaintiff
JEREMIAH J FOSTER
RESOLUTE COMMERCIAL 7201 E CAMELBACK RD STE 250
SCOTTSDALE, AZ 85251
Represented By
TRENT N BAKER
Datsopoulos, Macdonald & Lind
contact info
DAVID B COTNER
Cotner Law, PLLC
contact info
ERIC RYAN HENKEL
Cotner Law PLLC
contact info
KYLE RYAN
Cotner Law PLLC
contact info


Docket last updated: 05/08/2025 1:05 PM MDT
Thursday, November 14, 2019
25 25 court BNC Certificate of Mailing - Order on Motion to Dismiss Proceedings Thu 11/14 11:05 PM
BNC Certificate of Mailing - Order on Motion to Dismiss Proceedings. Related [+]. No. of Notices: 9. Notice Date 11/14/2019. (Admin.)
Related: [-] (s)24 Order Dismissing Proceedings
Tuesday, November 12, 2019
24 24 1 pgs order Order Dismissing Proceedings Tue 11/12 9:41 AM
Order Dismissing Proceedings With Prejudice. Each side shall pay its own fees and costs. Signed on 11/12/2019 Related [+]. (Cunningham, Pamela)
Related: [-] (s)23 Notice of Dismissal of Adversary Proceeding filed by Plaintiff JEREMIAH J FOSTER
court Close Adversary Case Tue 11/12 10:26 AM
Adversary Case 2:17-ap-73 Closed. (mmp)
Related: [-]
Friday, November 08, 2019
23 23 notice Notice of Dismissal of Adversary Proceeding Fri 11/08 11:25 AM
Agreed Notice of Dismissal of Adversary Proceeding Filed by JEREMIAH J FOSTER. (RYAN, KYLE)
Related: [-]
Sunday, October 13, 2019
22 22 court BNC Certificate of Mailing - Order to Vacate Sun 10/13 10:39 PM
BNC Certificate of Mailing - Order to Vacate. Related [+]. No. of Notices: 5. Notice Date 10/13/2019. (Admin.)
Related: [-] (s)21 Order Vacating Order
Friday, October 11, 2019
21 21 order Vacating Order Fri 10/11 3:30 PM
Order Vacating Order setting the October 22, 2019, status hearing. Signed on 10/11/2019 Related [+]. (Cunningham, Pamela)
Related: [-] ument18 Order Setting Hearing
Wednesday, October 09, 2019
20 20 notice Notice - ADV Wed 10/09 12:11 PM
Notice of Settlement Filed by JEREMIAH J FOSTER. (COTNER, DAVID)
Related: [-]
Sunday, October 06, 2019
19 19 court BNC Certificate of Mailing - Order Setting Hearing Sun 10/06 10:42 PM
BNC Certificate of Mailing - Order Setting Hearing. Related [+]. No. of Notices: 1. Notice Date 10/06/2019. (Admin.)
Related: [-] (s)18 Order Setting Hearing
Friday, October 04, 2019
18 18 2 pgs order Order Setting Hearing Fri 10/04 2:31 PM
Order Setting Status Hearing Signed on 10/4/2019 Related [+]. HEARING scheduled for 10/22/2019 at 09:30 AM at GREAT FALLS HEARINGS; 125 CENTRAL AVE W; GREAT FALLS, MT . (Mahoney, Patti)
Related: [-] (s)1 Complaint filed by Plaintiff JEREMIAH J FOSTER,14 Answer to Complaint filed by Defendant CAN CAPITAL MERCHANT SERVICES, INC.
Thursday, August 08, 2019
17 17 notice Notice of Withdrawal of Attorney Thu 08/08 4:19 PM
Notice of Withdrawal of Attorney Attorney TRENT N BAKER removed from the case. Filed by JEREMIAH J FOSTER. (BAKER, TRENT)
Related: [-]
Friday, June 14, 2019
16 16 notice Notice of Withdrawal of Attorney Fri 06/14 3:44 PM
Notice of Withdrawal of Attorney Attorney ERIC RYAN HENKEL removed from the case. Filed by JEREMIAH J FOSTER. (HENKEL, ERIC)
Related: [-]
Thursday, April 05, 2018
15 15 notice Notice of Service of Discovery Thu 04/05 2:03 PM
Notice of Service of Discovery Filed by JEREMIAH J FOSTER. (HENKEL, ERIC)
Related: [-]
Friday, February 16, 2018
14 14 answer Answer to Complaint Fri 02/16 12:06 PM
Answer to Complaint Filed by CAN CAPITAL MERCHANT SERVICES, INC.. (MCKELVEY, KIMBERLY)
Related: [-]
Wednesday, January 31, 2018
13 13 notice Notice of Service of Discovery Wed 01/31 5:40 PM
Notice of Service of Discovery Filed by JEREMIAH J FOSTER. (RYAN, KYLE)
Related: [-]
Sunday, January 14, 2018
12 12 court BNC Certificate of Mailing - Order on Stipulation Sun 01/14 10:48 PM
BNC Certificate of Mailing - Order on Stipulation. Related [+]. No. of Notices: 1. Notice Date 01/14/2018. (Admin.)
Related: [-] (s)11 Order Approving Stipulation
Friday, January 12, 2018
11 11 order Approving Stipulation Fri 01/12 4:08 PM
Order Approving Stipulation By & Between PLAINTIFF AND DEFENDANT AND DEFENDANTS TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED UP TO AND INCLUDING 02/16/18 Signed on 1/12/2018 Related [+]. (Mahoney, Patti)
Related: [-] (s)8 Order on Motion to Extend Time,10 Stipulation filed by Plaintiff JEREMIAH J FOSTER
utility Update Answer Deadline Fri 01/12 4:09 PM
CAN CAPITAL MERCHANT SERVICES, INC. Answer Deadline Reset for 2/16/2018. (Mahoney, Patti)
Related: [-]
Wednesday, January 10, 2018
10 10 misc Stipulation Wed 01/10 1:51 PM
Stipulation By JEREMIAH J FOSTER and Can Capital Merchant Services, Inc. Filed by JEREMIAH J FOSTER. (COTNER, DAVID)
Related: [-]
Tuesday, December 19, 2017
utility Update Answer Deadline Tue 12/19 7:40 AM
CAN CAPITAL MERCHANT SERVICES, INC. Answer Deadline Reset for 1/15/2018; JOHN DOES 1-10 Answer Deadline Reset for 1/15/2018. (Cunningham, Pamela)
Related: [-]
Thursday, December 07, 2017
9 9 court BNC Certificate of Mailing - Order on Motion to Extend Time Thu 12/07 11:00 PM
BNC Certificate of Mailing - Order on Motion to Extend Time. Related [+]. No. of Notices: 1. Notice Date 12/07/2017. (Admin.)
Related: [-] (s)8 Order on Motion to Extend Time
Wednesday, December 06, 2017
utility Update Answer Deadline Wed 12/06 7:20 AM
CAN CAPITAL MERCHANT SERVICES, INC. Answer Deadline Reset for 1/15/2018. (Mahoney, Patti)
Related: [-]
Tuesday, December 05, 2017
8 8 order Extend Time Tue 12/05 4:08 PM
Order Granting Motion to Extend Time AND DEFENDANTS TIME TO ANSWER OR OTHERWISE RESPOND IS EXTENDED UP TO AND INCLUDING 01/15/18 Related [+] Signed on 12/5/2017. Document due by 1/15/2018. (Mahoney, Patti)
Related: [-] 7
Monday, December 04, 2017
7 7 motion Extend Time Mon 12/04 5:32 PM
Joint Motion to Extend Time to file Answer to Adversary Complaint Filed by JEREMIAH J FOSTER. (COTNER, DAVID)
Related: [-]
Tuesday, November 21, 2017
6 6 cmp Summons Service Executed Tue 11/21 10:09 AM
Summons Service Executed on CAN CAPITAL MERCHANT SERVICES, INC. 11/21/2017 . (COTNER, DAVID)
Related: [-]
Wednesday, November 15, 2017
5 5 court Summons Issued Wed 11/15 11:14 AM
Summons REISSUED on CAN CAPITAL MERCHANT SERVICES, INC. Date Issued 11/15/2017, Answer Due 12/15/2017; JOHN DOES 1-10 Date Issued 11/15/2017, Answer Due 12/15/2017. (Mahoney, Patti)
Related: [-]
Tuesday, October 31, 2017
4 4 cmp Summons Service Executed Tue 10/31 10:57 AM
Summons Service Executed on CAN CAPITAL MERCHANT SERVICES, INC. 10/31/2017 . (COTNER, DAVID)
Related: [-]
Friday, October 20, 2017
3 3 court Summons Issued Fri 10/20 12:13 PM
Summons Issued on CAN CAPITAL MERCHANT SERVICES, INC. Date Issued 10/20/2017, Answer Due 11/20/2017; JOHN DOES 1-10 Date Issued 10/20/2017, Answer Due 11/20/2017. (Cunningham, Pamela)
Related: [-]
2 2 crditcrd none Fri 10/20 11:27 AM
Filing fee information: Receipt number 2311978 . Regarding the filing fee for Complaint 17-00073 TLM) [cmp,cmp] ( 350.00). Fee amount 350.00. Related [+] (U.S. Treasury)
Related: [-] Doc#1
1 1 cmp Complaint Fri 10/20 11:26 AM
Adversary case 17-00073 Complaint by DAVID B COTNER, ERIC RYAN HENKEL, TRENT N BAKER, KYLE RYAN on behalf of JEREMIAH J FOSTER against CAN CAPITAL MERCHANT SERVICES, INC., JOHN DOES 1-10. Fee Amount $350. (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (COTNER, DAVID)
Related: [-]
Att: 1 Exhibit Contracts
Att: 2 Cover Sheet
Att: 3 Summons