Edwards v. Barnette Contractors LLC
Adversary Proceeding
Lead BK case is: 7:15-bk-70730
Lead BK case is: 7:15-bk-70730
| Kentucky Eastern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Tracey N Wise |
| Case #: | 7:17-ap-07033 |
| Nature of Suit | 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: | Nov 03, 2017 |
| Terminated: | Oct 19, 2018 |
| Last checked: never |
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Defendant
Barnette Contractors LLC
PO Box 1190
Wise, VA 24293 |
Represented By
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Plaintiff
J. Clair Edwards
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Represented By
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| Docket last updated: 04/19/2024 1:07 PM EDT |
| Tuesday, October 10, 2023 | ||
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cmp
Complaint
Tue 10/10 6:15 PM
Receipt of Adversary Filing Fee - $350.00 by GC. Receipt Number 400251. (admin) |
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| Friday, October 19, 2018 | ||
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court
Close Adversary Proceeding
Fri 10/19 1:22 PM
Adversary Proceeding 17-7033 Closed. (rah) |
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| Monday, August 27, 2018 | ||
| 37 | 37
order
Default Judgment
Mon 08/27 1:45 PM
Order GRANTING Motion For Default Judgment (bjp) |
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| Wednesday, August 01, 2018 | ||
| 36 | 36
motion
Default Judgment
Wed 08/01 1:56 PM
Motion for Default Judgment against Barnette Contractors, L.L.C., filed by J. Clair Edwards. Last day to file objections: 8/15/2018 . (Irving, James) |
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Att: 1
Exhibit A - Declaration of James R. Irving
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Att: 2
Proposed Order
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| Tuesday, July 17, 2018 | ||
| 35 | 35
court
Clerk's Entry of Default
Tue 07/17 4:19 PM
Clerk's Entry of Default. (Sutphin, Sheila) |
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| 34 | 34
utility
Supplemental Document
Tue 07/17 4:13 PM
Supplemental Document, Amended Exhibit B (Form 2600 - Entry of Default) to Affidavit of James R. Irving , filed by J. Clair Edwards . (Irving, James) |
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| 33 | 33
order
Continue Trial(O)
Tue 07/17 10:47 AM
Order GRANTING Motion for Set-Aside of Deadlines (bjp) |
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| Monday, July 16, 2018 | ||
| 32 | 32
motion
Continue Trial
Mon 07/16 6:51 PM
Motion to Continue Trial, filed by J. Clair Edwards. (Irving, James) |
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Att: 1
Exhibit A - Declaration of James R. Irving
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Att: 2
Proposed Order
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| 31 | 31
utility
Affidavit
Mon 07/16 4:48 PM
Affidavit of James R. Irving, filed by J. Clair Edwards . (Irving, James) |
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Att: 1
Exhibit A - Certificate of Service of Summons
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Att: 2
Exhibit B - Form 2600 - Entry of Default
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| 30 | 30
motion
Request for Clerk's Entry of Default
Mon 07/16 4:44 PM
Request for Clerk's Entry of Default. (Irving, James) |
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| Tuesday, June 19, 2018 | ||
| 29 | 29
order
Setting Hearing
Tue 06/19 9:43 AM
Order Setting Status Hearing. Status hearing to be held on 7/18/2018 at 10:30 AM at Lexington Courtroom, 3rd Floor. (bjp) |
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| Monday, April 09, 2018 | ||
| 28 | 28
utility
Certificate of Service
Mon 04/09 10:28 AM
Certificate of Service , filed by James R. Irving . (Irving, James) |
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| Friday, April 06, 2018 | ||
| 27 | 27
order
Trial
Fri 04/06 3:42 PM
Amended Order for Trial . Trial date set for 8/28/2018 at 09:30 AM at Lexington Courtroom, 3rd Floor. (gsc) Attorney for Plaintiff(s) |
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| 26 | 26
order
Continue Trial(O)
Fri 04/06 1:00 PM
Order GRANTING Motion To Continue Trial , GRANTING Motion to Extend Time to Answer (gsc) |
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| 25 | 25
order
Shorten Time
Fri 04/06 12:57 PM
Order GRANTING Motion to Shorten Time (gsc) |
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| Tuesday, March 27, 2018 | ||
| 24 | 24
utility
Witness and/or Exhibit List
Tue 03/27 6:43 PM
Exhibit list filed by J. Clair Edwards. (Irving, James) |
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Att: 1
Exhibit A: Summary Chart of Transfers
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Att: 2
Exhibit B: Proof of 11/14/14 Transfer in the Form of Check Images
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Att: 3
Exhibit C: Proof of 1/13/15 Transfer in the Form of Check Images
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Att: 4
Exhibit D: Proof of 3/13/15 Transfer in the Form of Check Images
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Att: 5
Exhibit E: Proof of 6/18/15 Transfer in the Form of Check Images
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Att: 6
Exhibit F: Proof of 7/9/15 Transfer in the Form of Check Images
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Att: 7
Exhibit G: Proof of 7/21/15 Transfer in the Form of Check Images
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Att: 8
Exhibit H: Proof of 8/3/15 Transfer in the Form of Check Images
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Att: 9
Exhibit I: Proof of 8/6/15 Transfer in the Form of Check Images
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Att: 10
Exhibit J: Proof of 8/6/15 Transfer in the Form of Check Images
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Att: 11
Exhibit K: Voluntary Chapter 11 Petition and Schedules of Fortress Resources
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| 23 | 23
utility
Status Report
Tue 03/27 6:31 PM
Status Report, filed by J. Clair Edwards. (Irving, James) |
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| Monday, March 05, 2018 | ||
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court
Hearing Set/Cont
Mon 03/05 10:28 AM
Hearing continued . Hearing scheduled for 4/12/2018 at 09:30 AM at Lexington Courtroom, 3rd Floor. (nbw) |
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court
Hearing Set/Cont
Mon 03/05 10:30 AM
Hearing continued . Hearing scheduled for 4/12/2018 at 09:30 AM at Lexington Courtroom, 3rd Floor. (nbw) |
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| Wednesday, February 28, 2018 | ||
| 22 | 22
notice
Notice of Hearing
Wed 02/28 3:17 PM
Notice of Hearing Filed by Barnette Contractors LLC . (Channell, Jeanne) |
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| Thursday, February 15, 2018 | ||
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court
Hearing Set/Cont
Thu 02/15 12:21 PM
Hearing set on . Hearing scheduled for 3/8/2018 at 09:30 AM at Lexington Courtroom, 3rd Floor. (nbw) |
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court
Hearing Set/Cont
Thu 02/15 12:22 PM
Hearing set on . Hearing scheduled for 3/8/2018 at 09:30 AM at Lexington Courtroom, 3rd Floor. (nbw) |
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| Wednesday, February 14, 2018 | ||
| 21 | 21
notice
Notice of Hearing
Wed 02/14 1:03 PM
Notice of Hearing Filed by Barnette Contractors LLC . (Channell, Jeanne) |
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| Tuesday, February 13, 2018 | ||
| 20 | 20
epo
Deficiency re Noticing
Tue 02/13 3:44 PM
Deficiency - Action Required The Court having considered the Motion to Continue Trial and Motion to Extend Time and Motion to Shorten Time [ECF No. [18 and 19]], filed herein on February 12, 2018, and finding that the pleadings do not meet the requirements as set forth by the Local Rules of the Court, specifically, Notice of hearing is incorrect. Hearing has been terminated. Visit www.kyeb.uscourts.gov to obtain correct hearing information. It is ORDERED that the pleadings shall be properly noticed in compliance with KYEB LBR 9013-1 and/or 9014-1 within 3 days from the date of this Order. If the pleadings are not properly noticed as required by this Order, the pleadings will be overruled. /s/ Judge Tracey N. Wise. (nbw) |
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| Monday, February 12, 2018 | ||
| 19 | 19
motion
Continue Trial
Tue 02/13 3:37 PM
Motion to Continue Trial and Motion to Extend time to file answer, filed by Barnette Contractors LLC. (nbw) Court Note: Redocketed for Administrative Purposes. Originally filed incorrectly. Docket text was modified to remove notice information. See Deficiency Order [ECF No. 20 ]. View the Notice of Electronic Filing for original docket text. Modified on 2/13/2018 (nbw) |
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Att: 1
Proposed Order
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| 18 | 18
motion
Shorten Time
Mon 02/12 3:58 PM
Motion to Shorten time to for Leave for Extension of Time in Which to Answer and to Delay the Trial Date, filed by Barnette Contractors LLC . Hearing scheduled for 2/21/2018 at 09:30 AM at Lexington Courtroom, 3rd Floor. (Channell, Jeanne) |
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Att: 1
Proposed Order
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| 17 | 17
motion
Extend Time
Mon 02/12 3:56 PM
Motion to Extend Time for Leave for Extension of Time in Which to Answer and to Delay the Trial Date, filed by Barnette Contractors LLC . Hearing scheduled for 2/21/2018 at 09:30 AM at Lexington Courtroom, 3rd Floor. (Channell, Jeanne) |
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Att: 1
Proposed Order
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| Friday, February 09, 2018 | ||
| 16 | 16
order
Extend Time
Fri 02/09 9:57 AM
Order OVERRULING Motion to Shorten Time , OVERRULING Motion to Extend Time (nbw) |
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| Friday, February 02, 2018 | ||
| 15 | 15
epo
Deficiency re Noticing
Fri 02/02 9:30 AM
Deficiency - Action Required The Court having considered the Motion to Shorten Time and Motion to Extend Time to file an answer [ECF No. [13 and 14]], filed herein on January 31, 2018, and finding that the pleadings do not meet the requirements as set forth by the Local Rules of the Court, specifically, Notice of hearing is incorrect. Hearings have been terminated. Visit www.kyeb.uscourts.gov to obtain correct hearing information. Venue change to Lexington for hearing purposes. It is ORDERED that the pleadings shall be properly noticed in compliance with KYEB LBR 9013-1 and/or 9014-1 within 3 days from the date of this Order. If the pleadings are not properly noticed as required by this Order, the pleadings will be overruled. /s/ Judge Tracey N. Wise. (nbw) |
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| Wednesday, January 31, 2018 | ||
| 14 | 14
motion
Extend Time
Wed 01/31 4:48 PM
Motion to Extend Time to file a late answer, filed by Barnette Contractors LLC. Hearing scheduled for 2/8/2018 at 10:30 AM at Pikeville District Courtroom. (Channell, Jeanne) |
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Att: 1
Proposed Order
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| 13 | 13
motion
Shorten Time
Wed 01/31 4:45 PM
Motion to Shorten time to Shorten Time for hearing, filed by Barnette Contractors LLC. Hearing scheduled for 2/8/2018 at 10:30 AM at Pikeville District Courtroom. (Channell, Jeanne) |
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Att: 1
Proposed Order
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| Thursday, January 25, 2018 | ||
| 12 | 12
order
Default Judgment
Thu 01/25 2:49 PM
Order DENYING Motion For Default Judgment (nbw) |
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| Friday, January 19, 2018 | ||
| 11 | 11
motion
Default Judgment
Fri 01/19 11:32 AM
Motion for Default Judgment against Barnette Contracting LLC, filed by J. Clair Edwards. Last day to file objections: 2/2/2018 . (Irving, James) |
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Att: 1
Proposed Order
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| Tuesday, November 14, 2017 | ||
| 10 | 10
notice
Notice of Appearance and Request for Notice
Tue 11/14 4:39 PM
Notice of Appearance and Request for Notice by Christopher B. Madden Filed by on behalf of J. Clair Edwards. (Madden, Christopher) |
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| Friday, November 10, 2017 | ||
| 9 | 9
utility
Certificate of Service
Fri 11/10 4:15 PM
Certificate of Service , filed by James R. Irving . (Irving, James) |
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| 8 | 8
court
Summons Service Executed
Fri 11/10 3:51 PM
Summons Service Executed. (Irving, James) |
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| Wednesday, November 08, 2017 | ||
| 7 | 7
order
Trial
Thu 11/09 8:41 AM
Order for Trial . Trial date set for 4/24/2018 at 09:30 AM at Lexington Courtroom, 3rd Floor. (nbw) Attorney for Plaintiff(s) |
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| Tuesday, November 07, 2017 | ||
| 6 | 6
utility
Supplemental Document
Tue 11/07 2:36 PM
Supplemental Document, Statement of Consent , filed by J. Clair Edwards . (Irving, James) |
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| 5 | 5
epo
File Statement re: Consent
Tue 11/07 11:32 AM
Deficiency - Action Required Pursuant to Bankruptcy Rules 7008 and 9027(a) of the Federal Rules of Bankruptcy Procedure, a Complaint, Counterclaim, Cross-Claim, Third-Party Complaint and Notice of Removal shall contain a statement that the party does or does not consent to entry of final orders or judgment by the Bankruptcy Court. It appearing to the court that the Complaint [ECF No. 1 ] filed by Plaintiff on November 3, 2017 does not contain such a statement, the Court hereby directs that, within 7 days of the entry of this Order, Plaintiff file a statement whether she consents to the entry of final orders or judgment on the Complaint by this Court in conformity with the above-mentioned rules. /s/ Judge Tracey N. Wise. Date due: 11/14/2017.(nbw) |
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| 4 | 4
court
Summons Issued
Tue 11/07 11:19 AM
Summons Issued to Plaintiff for Service. (nbw) |
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| 3 | 3
order
Application to Defer Filing Fee(O)
Tue 11/07 11:19 AM
Order GRANTING Application to Defer Filing Fee (nbw) |
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crditcrd
Auto-Docket of Credit Card/Debit Card
Mon 11/13 5:16 PM
COURT ENTRY- Filing fee for Complaint 17-07033 tnw) [cmp,cmp] ( 350.00). FEE DEFERRED amount due $350.00. (baa) Modified on 11/13/2017 (baa) |
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| Friday, November 03, 2017 | ||
| 2 | 2
motion
Defer Filing Fee
Fri 11/03 6:47 PM
Application to Defer Filing Fee. (Irving, James) |
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Att: 1
Proposed Order
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| 1 | 1
cmp
Complaint
Fri 11/03 6:45 PM
Adversary case 17-07033 Complaint, filed by J. Clair Edwards against Barnette Contractors LLC Fee Amount 350. (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer))(14 (Recovery of money/property - other)) (Irving, James) |
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Att: 1
Exhibit A - Details of Transfers
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Att: 2
Exhibit B - Evidence of the Transfers
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