Bircher III, Trustee et al v. Nationwide Agribusiness Insurance Company
Adversary Proceeding
Lead BK case is: 5:18-bk-00284
Lead BK case is: 5:18-bk-00284
| North Carolina Eastern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Stephani W Humrickhouse |
| Case #: | 5:20-ap-00026 |
| Nature of Suit | 12 Bankruptcy - Recovery of money/property - §547 preference 13 Bankruptcy - Recovery of money/property - §548 fraudulent transfer |
| Case Filed: | Jan 21, 2020 |
| Terminated: | Jul 26, 2021 |
| Last checked: never |
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Defendant
Nationwide Agribusiness Insurance Company
505 Fifth Avenue, Ste 729
Des Moines, IA 50309 |
Represented By
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Plaintiff
John C. Bircher III, Trustee
White & Allen, PA 1319 Commerce Drive PO Drawer U
New Bern, NC 28563 |
Represented By
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Plaintiff
Wayne Bailey, Inc.
P.O. Box 467
Chadbourn, NC 28431 |
Represented By
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| Docket last updated: 9 hours ago |
| Monday, July 26, 2021 | ||
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court
Close Adversary Case
Mon 07/26 9:47 AM
Adversary Case 5:20-ap-26 Closed (Gurgone, Christy) |
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| Friday, July 23, 2021 | ||
| 41 | 41
notice
Stipulation of Dismissal
Fri 07/23 4:14 PM
Stipulation of Dismissal filed by Joseph Zachary Frost on behalf of John C. Bircher III, Trustee, Wayne Bailey, Inc.. (Frost, Joseph) **Corrective Entry: Stipulation of Dismissal filed by Joseph Zachary Frost, Pamela W. McAfee on behalf of John C. Bircher III, Trustee, Nationwide Agribusiness Insurance Company, Wayne Bailey, Inc.** Modified on 7/26/2021 (Shum-Drake, Kelly) |
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| Thursday, June 24, 2021 | ||
| 40 | 40
order
Compromise
Thu 06/24 4:03 PM
Order Granting Motion to Approve Compromise (Gurgone, Christy) |
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| Tuesday, June 22, 2021 | ||
| 39 | 39
court
Deficiency Notice - Attorney (AP)
Tue 06/22 1:14 PM
DEFICIENCY NOTICE to Joseph Zachary Frost. The referenced document has been filed; however, it is deficient as follows: An order granting the relief requested was not submitted as required by Local Rule 5005-4(4). Failure to correct the deficiencies by the date indicated may result in the court assuming you no longer desire the relief requested and entering an order denying or dismissing the requested relief. Due by 7/2/2021. (Gurgone, Christy) |
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| Friday, June 04, 2021 | ||
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utility
Terminate Deadline (Public)
Fri 06/04 9:20 AM
Deadline(s) Terminated. - Certificate of Service Filed (Gurgone, Christy) |
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| Thursday, June 03, 2021 | ||
| 38 | 38
misc
Certificate of Service (Not for Summons)
Thu 06/03 9:17 AM
Certificate of Service filed by Joseph Zachary Frost on behalf of John C. Bircher III, Trustee, Wayne Bailey, Inc. . (Frost, Joseph) |
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| Wednesday, June 02, 2021 | ||
| 37 | 37
court
Deficiency Notice - Attorney (AP)
Wed 06/02 7:39 AM
DEFICIENCY NOTICE to Joseph Zachary Frost. The referenced document has been filed; however, it is deficient as follows: The certificate of service was omitted. Failure to correct the deficiencies by the date indicated may result in the court assuming you no longer desire the relief requested and entering an order denying or dismissing the requested relief. Due by 6/14/2021. (Gurgone, Christy) |
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| Friday, May 28, 2021 | ||
| 36 | 36
motion
Compromise
Fri 05/28 9:34 AM
Motion to Approve Compromise With Nationwide Agribusiness Insurance Company filed by Joseph Zachary Frost on behalf of John C. Bircher III, Trustee, Wayne Bailey, Inc.. (Frost, Joseph) |
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Att: 1
Exhibit A - Settlement Agreement and Release with Nationwide Agribusiness Insurance Company
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| Friday, April 16, 2021 | ||
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utility
Calendar - Remove
Fri 04/16 8:31 AM
Note to Courtroom Deputy - Remove from Calendar - AP Settled (Gurgone, Christy) |
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| Wednesday, April 14, 2021 | ||
| 35 | 35
admis
Report of Mediator/Examiner
Wed 04/14 10:52 AM
Report of Mediator filed by Richard M. Hutson II on behalf of Richard M. Hutson II. (Hutson, Richard) |
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| Wednesday, April 07, 2021 | ||
| 34 | 34
order
Extend Time
Wed 04/07 2:08 PM
Order Granting Motion to Extend Time Dispositive Motions: Due by 4/23/2021. (Harris, Donna) |
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| Monday, April 05, 2021 | ||
| 33 | 33
motion
Extend Time/Deadlines
Mon 04/05 11:24 AM
Motion to Extend Time for Filing Dispositive Motions filed by Pamela W. McAfee on behalf of Nationwide Agribusiness Insurance Company. (McAfee, Pamela) |
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| Wednesday, January 20, 2021 | ||
| 32 | 32
admis
Report of Mediator/Examiner
Wed 01/20 4:13 PM
Report of Mediator filed by Richard M. Hutson II on behalf of Richard M. Hutson II. (Hutson, Richard) |
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| Friday, November 06, 2020 | ||
| 31 | 31
court
BNC Certificate Of Mailing - Order
Sat 11/07 12:46 AM
BNC Certificate Of Mailing - Order Notice Date 11/06/2020. (Admin.) |
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| Wednesday, November 04, 2020 | ||
| 30 | 30
order
Final Pre-Trial Conference
Wed 11/04 9:53 AM
Order Setting Final Pre-Trial Conference Final Pre-Trial Conference set for 6/10/2021 at 10:00 AM at Telephone Conference/Judge Humrickhouse. . (Howard, Allyson) |
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| Tuesday, November 03, 2020 | ||
| 29 | 29
order
Amend Scheduling Order
Tue 11/03 11:20 AM
Order Granting Motion to Amend Scheduling Order Rule 26 (a)(1) Disclosures due: n/a. Rule 26 (a)(2) Disclosures due: 1/18/21. Discovery due: 3/1/21. Motions due by 4/7/2021. Pretrial Order due by 5/20/2021. (Harris, Donna) |
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| 28 | 28
audio
Tue 11/03 11:20 AM
PDF with attached Audio File. Court Date & Time [ 11/3/2020 10:02:45 AM ]. File Size [ 4172 KB ]. Run Time [ 00:11:35 ]. (MOTION TO AMEND SCHEDULING ORDER). (admin) |
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utility
Calendar - Reschedule
Tue 11/03 11:24 AM
Note to Courtroom Deputy - Reschedule Hearing Date - Other- Preliminary Pretrial Conference continue to a date after May 26, 2021 (Harris, Donna) |
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| Saturday, October 24, 2020 | ||
| 27 | 27
court
BNC Certificate Of Mailing - Hearing
Sun 10/25 1:46 AM
BNC Certificate Of Mailing - Hearing Notice Date 10/24/2020. (Admin.) |
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| Thursday, October 22, 2020 | ||
| 26 | 26
court
Hearing Set (Motion)
Thu 10/22 11:31 AM
Notice of Hearing Hearing scheduled for 11/3/2020 at 10:00 AM at Telephone Conference/Judge Humrickhouse (Howard, Allyson) |
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| Wednesday, October 21, 2020 | ||
| 25 | 25
utility
Calendar - Schedule
Wed 10/21 3:17 PM
Note to Courtroom Deputy - Schedule Hearing Date Telephone Conference (Gurgone, Christy) |
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| Monday, October 19, 2020 | ||
| 24 | 24
motion
Amend Scheduling Order
Mon 10/19 12:14 PM
Motion to Amend Scheduling Order filed by Joseph Zachary Frost on behalf of John C. Bircher III, Trustee, Wayne Bailey, Inc. . (Frost, Joseph) |
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| Thursday, October 01, 2020 | ||
| 23 | 23
admis
Designation of Mediator
Thu 10/01 8:22 PM
Designation of Richard M. Hutson II as Mediator filed by Joseph Zachary Frost on behalf of John C. Bircher III, Trustee, Wayne Bailey, Inc.. (Frost, Joseph) |
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| Monday, August 24, 2020 | ||
| 22 | 22
misc
Subpoena to Produce Documents
Mon 08/24 2:35 PM
Subpoena to Produce Documents filed by Pamela W. McAfee on behalf of Nationwide Agribusiness Insurance Company. (McAfee, Pamela) |
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| Friday, July 31, 2020 | ||
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utility
Terminate Deadline (Public)
Fri 07/31 8:26 AM
Deadline(s) Terminated. (Howard, Allyson) |
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| Thursday, July 30, 2020 | ||
| 21 | 21
notice
Notice of Mediation
Thu 07/30 6:40 PM
Notice of Mediation filed by Daniel Magee Anderson, Joseph Zachary Frost, Pamela W. McAfee on behalf of John C. Bircher III, Trustee, Nationwide Agribusiness Insurance Company, Wayne Bailey, Inc.. (McAfee, Pamela) |
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| Monday, July 13, 2020 | ||
| 20 | 20
misc
Notice of Appearance
Mon 07/13 9:14 PM
Notice of Appearance filed by Joseph Zachary Frost on behalf of John C. Bircher III, Trustee, Wayne Bailey, Inc.. (Frost, Joseph) |
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| Thursday, June 04, 2020 | ||
| 19 | 19
court
BNC Certificate Of Mailing - Order
Fri 06/05 12:45 AM
BNC Certificate Of Mailing - Order Notice Date 06/04/2020. (Admin.) |
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| Tuesday, June 02, 2020 | ||
| 18 | 18
order
Scheduling Order
Tue 06/02 3:15 PM
Scheduling Order. Rule 26(a)(1) Disclosures due: n/a. Rule 26(a)(2) Disclosures due: 10/19/2020. Discovery due: 11/30/2020. Mediation Notification due 7/31/2020. Amendment(s) due by 7/31/2020. Motions due by 1/7/2021. Final Pre-Trial Conference set for 2/25/2021 at 10:00 AM at Raleigh Courtroom. Pretrial Order due by 2/19/2020. . (Howard, Allyson) |
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| Friday, May 29, 2020 | ||
| 17 | 17
admis
Pre-Conference Report
Fri 05/29 2:42 PM
Pre-Conference Report filed by Joseph Zachary Frost on behalf of John C. Bircher III, Trustee, Wayne Bailey, Inc. . (Frost, Joseph) |
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| Tuesday, May 05, 2020 | ||
| 16 | 16
court
Deficiency Notice - Attorney (BK)
Tue 05/05 2:31 PM
DEFICIENCY NOTICE to Pamela McAfee. The referenced document has been filed; however, it is deficient as follows: The attached document is incorrect or illegible. File the correct document as a Corrected PDF Attachment under the Miscellaneous category. Upon filing of the correct document, a corrective entry will be made. **Document does not include the Client Disclosure Statement** Failure to correct the deficiencies by the date indicated may result in the court assuming you no longer desire the relief requested and entering an order denying or dismissing the requested relief, or in the matter being forwarded to the judge for appropriate action. Due by 5/19/2020. (parker, roxanne) |
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utility
Note - Deficiency Notice Sent in Error (Public)
Tue 05/05 3:42 PM
NOTE: Deficiency Notice was sent in error. (Corporate ownership statement filed on 4/29/2020). Please disregard. (parker, roxanne) |
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| Monday, May 04, 2020 | ||
| 15 | 15
misc
Notice of Special Appearance
Mon 05/04 11:48 AM
Notice of Special Appearance filed by Daniel Magee Anderson, Pamela W. McAfee on behalf of Nationwide Agribusiness Insurance Company. (McAfee, Pamela) |
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| Sunday, May 03, 2020 | ||
| 14 | 14
court
BNC Certificate Of Mailing - Order
Mon 05/04 12:45 AM
BNC Certificate Of Mailing - Order Notice Date 05/03/2020. (Admin.) |
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| Friday, May 01, 2020 | ||
| 13 | 13
order
Directing Filing of Joint Report
Fri 05/01 8:51 AM
Order Directing Parties to File Joint Report Pre-Conference Report due by 6/1/2020. . (Howard, Allyson) |
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| Thursday, April 30, 2020 | ||
| 12 | 12
utility
Calendar - Schedule
Thu 04/30 7:27 AM
Note to Courtroom Deputy - Schedule Hearing Date Preliminary Pretrial Conference (Gurgone, Christy) |
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| Wednesday, April 29, 2020 | ||
| 11 | 11
answer
Answer to Complaint
Wed 04/29 5:08 PM
Answer to Complaint filed by Daniel Anderson, Pamela W. McAfee on behalf of Nationwide Agribusiness Insurance Company. (McAfee, Pamela) |
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| 10 | 10
misc
Corporate Ownership Statement
Wed 04/29 4:56 PM
Corporate Ownership Statement filed by Daniel Anderson, Pamela W. McAfee on behalf of Nationwide Agribusiness Insurance Company. (McAfee, Pamela) |
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| 9 | 9
misc
Notice of Appearance
Wed 04/29 4:02 PM
Notice of Appearance filed by Pamela W. McAfee on behalf of Nationwide Agribusiness Insurance Company. (McAfee, Pamela) |
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| Saturday, March 28, 2020 | ||
| 8 | 8
court
BNC Certificate Of Mailing - Order
Sun 03/29 12:49 AM
BNC Certificate Of Mailing - Order Notice Date 03/28/2020. (Admin.) |
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| Thursday, March 26, 2020 | ||
| 7 | 7
2
pgs
order
Order (Generic)
Thu 03/26 10:38 AM
Second Stipulation and Order Extending Time to Answer. Due by 4/29/2020 (Gurgone, Christy) |
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| Monday, February 24, 2020 | ||
| 6 | 6
court
Certificate of Mailing (Created by Court User)
Mon 02/24 2:43 PM
Certificate of Mailing. (Gurgone, Christy) |
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| Sunday, February 23, 2020 | ||
| 5 | 5
court
BNC Certificate Of Mailing - Order
Mon 02/24 12:55 AM
BNC Certificate Of Mailing - Order Notice Date 02/23/2020. (Admin.) |
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| Friday, February 21, 2020 | ||
| 4 | 4
2
pgs
order
Order (Generic)
Fri 02/21 2:54 PM
Stipulation and Order Extending Time to Answer. Due by 3/30/2020 (Gurgone, Christy) |
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| Friday, January 24, 2020 | ||
| 3 | 3
misc
Affidavit
Fri 01/24 10:09 AM
Affidavit of Service filed by Joseph Zachary Frost on behalf of John C. Bircher III, Trustee, Wayne Bailey, Inc. . (Frost, Joseph) |
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| Tuesday, January 21, 2020 | ||
| 2 | 2
court
Summons Issued (auto)
Tue 01/21 3:42 PM
Summons Issued on Nationwide Agribusiness Insurance Company Answer Due 02/20/2020 (Frost, Joseph) |
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| 1 | 1
cmp
Complaint
Tue 01/21 3:42 PM
Adversary case 20-00026 5. Complaint by John C. Bircher III, Trustee, Wayne Bailey, Inc. against Nationwide Agribusiness Insurance Company (Fee Paid) (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Frost, Joseph) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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Att: 3
Exhibit C
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Att: 4
Exhibit D
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Att: 5
Exhibit E
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Att: 6
Exhibit F
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Att: 7
Exhibit G
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Att: 8
Exhibit H
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Att: 9
Exhibit I
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Att: 10
Exhibit J
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Att: 11
Exhibit K
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