Sparkman, Trustee v. Herbert, Jr. et al
Adversary Proceeding
Lead BK case is: 5:21-bk-00189
Lead BK case is: 5:21-bk-00189
| North Carolina Eastern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Pamela W Mcafee |
| Case #: | 5:23-ap-00017 |
| Nature of Suit | 31 Bankruptcy - Approval of sale of property of estate and of a co-owner - §363(h) |
| Case Filed: | Mar 10, 2023 |
| Terminated: | Jul 16, 2024 |
| Last checked: never |
|
Defendant
Howard Beeman Herbert, Jr.
6323 Abercarn Way
Fayetteville, NC 28311 |
Represented By
|
|
Defendant
Dunbar & Bentley LLC
121 Shrine Club Ln.
Clinton, NC 28328 |
Represented By
|
|
Plaintiff
Richard D Sparkman, Trustee
Richard D. Sparkman, P.A. PO Box 1687
Angier, NC 27501 |
Represented By
|
| Docket last updated: 05/22/2025 1:09 PM EDT |
| Tuesday, July 16, 2024 | ||
|
court
Close Adversary Case
Tue 07/16 2:47 PM
Adversary Case 5:23-ap-17 Closed (Donnery, Erin) |
||
| Monday, July 15, 2024 | ||
| 43 | 43
3
pgs
notice
Stipulation of Dismissal
Mon 07/15 2:43 PM
Stipulation of Dismissal filed by William H. Kroll, George F. Sanderson III on behalf of Howard Beeman Herbert Jr., Richard D Sparkman, Trustee. (Sanderson, George) |
|
|
utility
Terminate Motion (Public)
Mon 07/15 10:34 AM
Motion Terminated. Withdrawn (Donnery, Erin) |
||
| Friday, July 12, 2024 | ||
| 42 | 42
misc
Withdrawal of Document
Fri 07/12 2:22 PM
Withdrawal of Document filed by George F. Sanderson III on behalf of Richard D Sparkman, Trustee . (Sanderson, George) |
|
| Monday, June 17, 2024 | ||
|
utility
Matter Removed from Calendar
Mon 06/17 12:53 PM
Matter Removed from Calendar Prior to Hearing Consent Order Attorney for Plaintiff to submit (Howard, Allyson) |
||
| Tuesday, May 14, 2024 | ||
| 41 | 41
court
Hearing Continued/Rescheduled (Motion)
Tue 05/14 3:43 PM
Notice of Rescheduled Hearing Hearing scheduled for 6/20/2024 at 10:00 AM at Raleigh Courtroom (Howard, Allyson) |
|
| Wednesday, March 20, 2024 | ||
| 40 | 40
court
Hearing Continued/Rescheduled (Motion)
Wed 03/20 3:34 PM
Notice of Rescheduled Hearing Hearing scheduled for 5/21/2024 at 11:00 AM at Raleigh Courtroom (Howard, Allyson) |
|
| Tuesday, March 19, 2024 | ||
| 39 | 39
order
Continuance of Hearing
Tue 03/19 4:25 PM
Order Granting Motion to Continue Hearing Hearing scheduled for 5/21/2024 at 10:00 AM at Raleigh Courtroom (Howard, Allyson) |
|
| 38 | 38
motion
Continue Hearing
Tue 03/19 2:06 PM
Motion to Continue Hearing filed by William H. Kroll on behalf of Howard Beeman Herbert Jr.. (Kroll, William) |
|
|
utility
Matter Removed from Calendar
Tue 03/19 1:37 PM
Matter Removed from Calendar Prior to Hearing Continued Prior to Court (Howard, Allyson) |
||
| Wednesday, March 06, 2024 | ||
| 37 | 37
audio
Wed 03/06 4:00 PM
PDF with attached Audio File. Court Date & Time [03/06/2024 02:32:59 PM]. File Size [ 1135 KB ]. Run Time [ 00:02:25 ]. (Motion to Enforce Settlement Agreement). (admin) |
|
| 36 | 36
audio
Wed 03/06 4:00 PM
PDF with attached Audio File. Court Date & Time [03/06/2024 02:02:44 PM]. File Size [ 6879 KB ]. Run Time [ 00:14:40 ]. (Motion to Enforce Settlement Agreement). (admin) |
|
|
court
Court Minutes
Wed 03/06 2:40 PM
Court Minutes - Hearing Rescheduled. Hearing Judge: PWM Hearing scheduled for 3/20/2024 at 01:30 PM at Raleigh Courtroom (Howard, Allyson) |
||
| Wednesday, February 28, 2024 | ||
| 35 | 35
court
Hearing Set (Motion)
Wed 02/28 12:45 PM
Notice of Hearing Hearing scheduled for 3/6/2024 at 02:00 PM at Raleigh Courtroom (Howard, Allyson) |
|
| 34 | 34
utility
Matter Scheduled/Added to Calendar
Wed 02/28 12:42 PM
Matter Scheduled/Added to Calendar (Howard, Allyson) |
|
| Thursday, February 22, 2024 | ||
| 33 | 33
court
Deficiency Notice - Attorney (AP)
Thu 02/22 3:36 PM
DEFICIENCY NOTICE to George F. Sanderson. The referenced document has been filed; however, it is deficient as follows: The order uploaded is improperly formatted. The top margin does not measure 3". 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 3/4/2024. (Felder-Campbell, Jade) |
|
| Monday, January 29, 2024 | ||
| 32 | 32
motion
Settlement Agreement
Mon 01/29 6:15 PM
Motion to Approve/Enforce Settlement Agreement - Against Howard Beeman Herbert, Jr. filed by George F. Sanderson III on behalf of Richard D Sparkman, Trustee. (Sanderson, George) |
|
| Friday, October 06, 2023 | ||
| 31 | 31
court
BNC Certificate Of Mailing - Order
Sat 10/07 12:33 AM
BNC Certificate Of Mailing - Order Notice Date 10/06/2023. (Admin.) |
|
| Wednesday, October 04, 2023 | ||
| 30 | 30
order
Default Judgment
Wed 10/04 1:10 PM
Order Granting Motion. Default Judgment as to Dunbar & Bentley LLC (Donnery, Erin) |
|
| Tuesday, October 03, 2023 | ||
| 29 | 29
6
pgs
order
Order (Generic)
Tue 10/03 12:50 PM
Consent Order on Motion for Relief from Stay. (Donnery, Erin) |
|
| 28 | 28
order
Compromise
Tue 10/03 12:48 PM
Order Granting Motion to Approve Compromise , Granting Motion to Approve Consent Order (Donnery, Erin) |
|
| Tuesday, September 05, 2023 | ||
| 27 | 27
misc
Certificate of Service (Not for Summons)
Tue 09/05 6:14 PM
Certificate of Service filed by George F. Sanderson III on behalf of Richard D Sparkman, Trustee . (Sanderson, George) |
|
| 26 | 26
motion
Approve Consent Order
Tue 09/05 2:26 PM
Motion to Approve Compromise With Howard Beeman Herbert, Jr., In Addition To Motion to Approve Consent Order - resolving Motion for Relief from Automatic Stay filed by George F. Sanderson III on behalf of Richard D Sparkman, Trustee. (Sanderson, George) |
|
| Monday, August 28, 2023 | ||
| 25 | 25
admis
Report of Mediator/Examiner
Mon 08/28 3:15 PM
Report of Mediator filed by Jason L. Hendren (Hendren, Jason) |
|
| Wednesday, August 02, 2023 | ||
| 24 | 24
court
BNC Certificate Of Mailing - Order
Thu 08/03 12:35 AM
BNC Certificate Of Mailing - Order Notice Date 08/02/2023. (Admin.) |
|
| Monday, July 31, 2023 | ||
| 23 | 23
order
Directing Filing of Joint Report
Mon 07/31 4:17 PM
Order Directing Parties to File Joint Report Pre-Conference Report due by 8/30/2023. (Howard, Allyson) |
|
| Friday, July 14, 2023 | ||
| 22 | 22
11
pgs
order
Order (Generic)
Fri 07/14 4:17 PM
Order Denying Motion to Dismiss . (Donnery, Erin) |
|
| Friday, June 09, 2023 | ||
|
utility
Matter Scheduled/Added to Calendar
Fri 06/09 9:43 AM
Matter Scheduled/Added to Calendar 6/15/2023 (Howard, Allyson) |
||
| Thursday, June 08, 2023 | ||
| 21 | 21
6
pgs
misc
Memorandum of Law
Thu 06/08 2:41 PM
Memorandum of Law in response to Defendant Herbert's Memorandum of Law in Support of Motion to Dismiss filed by George F. Sanderson III on behalf of Richard D Sparkman, Trustee . (Sanderson, George) |
|
| Friday, June 02, 2023 | ||
| 20 | 20
court
BNC Certificate Of Mailing - Hearing
Sat 06/03 12:40 AM
BNC Certificate Of Mailing - Hearing Notice Date 06/02/2023. (Admin.) |
|
| Wednesday, May 31, 2023 | ||
| 19 | 19
court
Hearing Set (Other)
Wed 05/31 3:02 PM
Hearing Set Hearing scheduled for 6/15/2023 at 11:00 AM at Raleigh Courtroom (Howard, Allyson) |
|
| 18 | 18
utility
Matter Scheduled/Added to Calendar
Wed 05/31 2:58 PM
Matter Scheduled/Added to Calendar (Howard, Allyson) |
|
| 17 | 17
24
pgs
misc
Memorandum of Law
Wed 05/31 1:48 PM
Memorandum of Law in Support of Motion to Dismiss filed by William H. Kroll on behalf of Howard Beeman Herbert Jr. . (Kroll, William) |
|
| Tuesday, May 30, 2023 | ||
| 16 | 16
10
pgs
misc
Memorandum of Law
Tue 05/30 3:59 PM
Memorandum of Law in Opposition to Motion to Dismiss Contained in Answer filed by George F. Sanderson III on behalf of Richard D Sparkman, Trustee . (Sanderson, George) |
|
| Monday, May 15, 2023 | ||
| 15 | 15
7
pgs
misc
Memorandum of Law
Mon 05/15 11:37 AM
Memorandum of Law filed by George F. Sanderson III on behalf of Richard D Sparkman, Trustee . (Sanderson, George) |
|
| 14 | 14
motion
Default Judgment
Mon 05/15 11:36 AM
Motion for Default Judgment as to Dunbar & Bentley LLC filed by George F. Sanderson III on behalf of Richard D Sparkman, Trustee. (Sanderson, George) |
|
| Tuesday, May 09, 2023 | ||
| 13 | 13
answer
Answer to Complaint
Tue 05/09 8:07 AM
Answer to Complaint filed by William H. Kroll on behalf of Howard Beeman Herbert Jr.. (Kroll, William) |
|
| Sunday, April 23, 2023 | ||
| 12 | 12
court
BNC Certificate Of Mailing - Order
Mon 04/24 12:28 AM
BNC Certificate Of Mailing - Order Notice Date 04/23/2023. (Admin.) |
|
| Friday, April 21, 2023 | ||
| 11 | 11
court
Entry of Default
Fri 04/21 11:54 AM
Entry of Default (Wright, Dawn) |
|
| Wednesday, April 19, 2023 | ||
| 10 | 10
motion
Entry of Default
Wed 04/19 3:27 PM
Motion for Entry of Default as to Dunbar & Bentley LLC filed by George F. Sanderson III on behalf of Richard D Sparkman, Trustee. (Sanderson, George) |
|
| Saturday, April 15, 2023 | ||
| 9 | 9
court
BNC Certificate Of Mailing - Order
Sun 04/16 12:28 AM
BNC Certificate Of Mailing - Order Notice Date 04/15/2023. (Admin.) |
|
| Friday, April 14, 2023 | ||
| 8 | 8
order
Extend Time
Fri 04/14 10:29 AM
Order Granting Motion to Extend Time Howard Beeman Herbert, Jr. Answer due by 5/10/2023. (Gibson, Aileen) |
|
| Thursday, April 13, 2023 | ||
| 7 | 7
order
Directing Plaintiff to Proceed
Thu 04/13 9:06 AM
Order Directing Plaintiff to Proceed After Dunbar & Bentley, LLC's Failure to Answer Due by 5/5/2023. (Gibson, Aileen) |
|
|
utility
Terminate Deadline (Public)
Thu 04/13 12:52 PM
Deadline(s) Terminated. Proposed Order Received. (Gibson, Aileen) |
||
| Thursday, April 06, 2023 | ||
| 6 | 6
court
Deficiency Notice - Attorney (AP)
Thu 04/06 8:01 AM
DEFICIENCY NOTICE to William Kroll. 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 4/17/2023. (Gibson, Aileen) |
|
| Wednesday, April 05, 2023 | ||
| 5 | 5
motion
Extend Time/Deadlines
Wed 04/05 12:22 PM
Motion to Extend Time to File Answer, filed by William H. Kroll on behalf of Howard Beeman Herbert Jr. . (Kroll, William) |
|
| 4 | 4
misc
Notice of Appearance
Wed 04/05 11:28 AM
Notice of Appearance filed by William H. Kroll on behalf of Howard Beeman Herbert Jr.. (Kroll, William) |
|
| Thursday, March 16, 2023 | ||
| 3 | 3
cmp
Summons Service Executed
Thu 03/16 4:48 PM
Summons Service Executed on Dunbar & Bentley LLC 3/16/2023; Howard Beeman Herbert, Jr. 3/16/2023. filed by George F. Sanderson III on behalf of Richard D Sparkman, Trustee. (Sanderson, George) |
|
| Friday, March 10, 2023 | ||
| 2 | 2
court
Summons Issued (auto)
Fri 03/10 3:56 PM
Summons Issued on Howard Beeman Herbert, Jr. Answer Due 04/10/2023; Dunbar & Bentley LLC Answer Due 04/10/2023 (Sanderson, George) |
|
| 1 | 1
cmp
Complaint
Fri 03/10 3:56 PM
Adversary case 23-00017 5. Complaint by Richard D Sparkman, Trustee against Howard Beeman Herbert, Jr., Dunbar & Bentley LLC (Fee Paid) (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Sanderson, George) |
|