Fat Daddy Co v. Alpine Advance 5 LLC et al
Adversary Proceeding
Lead BK case is: 6:23-bk-61331
Lead BK case is: 6:23-bk-61331
| Ohio Northern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Tiiara NA Patton |
| Case #: | 6:23-ap-06035 |
| Nature of Suit | 21 Bankruptcy - Validity, priority or extent of lien or other interest in property |
| Case Filed: | Dec 11, 2023 |
| Terminated: | Sep 05, 2024 |
| Last checked: never |
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Defendant
Alpine Advance 5 LLC
46 Washington St, Suite 6
Middleton, CT 06457 |
Represented By
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Defendant
Credibly of Arizona LLC
25200 Telegraph Rd, Suite 350
Southfield, MI 48033 |
Represented By
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Defendant
Proventure Capital LLC
2613 E. 16th St
Brooklyn, NY 11235 |
Represented By
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Defendant
Blade Funding Inc
PO Box 714
Lakewood, NJ 08701 |
Represented By
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Defendant
Capify Capital
475 Park Ave S, 11th Floor
New York, NY 10016 |
Represented By
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Defendant
Cardinal Funding Group
41 Pinelawn Rd, Suite 1001
Melville, NY 11747 |
Represented By
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Defendant
Delta Capital
Business Capital LLC 88 Pine St
New York, NY 10005 |
Represented By
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Defendant
Diesel Funding LLC
1100 NE 163rd St
Miami, FL 33162 |
Represented By
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Defendant
EBF Holdings, LLC
dba Everest Business Funding 102 W 38th St, 6th Floor
New York, NY 10018 |
Represented By
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Defendant
Reef Funding
2600 N. Ashton Blvd, Suite 200
Lehi, UT 84043 |
Represented By
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Defendant
Square Funding LLC
8215 Roswell Rd, Building 600
Atlanta, GA 30350 |
Represented By
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Defendant
Wynwood Capital
3629 Tuxedo Rd NW
Atlanta, GA 30305 |
Represented By
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Plaintiff
Fat Daddy Co
1825 11th St NE
Massillon, OH 44646 |
Represented By
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| Docket last updated: 11 hours ago |
| Thursday, September 05, 2024 | ||
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utility
Disposition of Adversary
Thu 09/05 3:51 PM
Disposition of Adversary 6:23-ap-6035 Judgment For Both (lbald) |
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court
Close Adversary Case
Thu 09/05 3:53 PM
Adversary Case 6:23-ap-6035 Closed (lbald) |
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| Tuesday, July 16, 2024 | ||
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Tue 07/16 11:09 AM
Hearing Not Held and Rescheduled (eross, crt) |
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Tue 07/16 11:11 AM
Hearing Not Held and Rescheduled (eross, crt) |
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Tue 07/16 11:11 AM
Hearing Not Held and Rescheduled (eross, crt) |
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| Friday, July 12, 2024 | ||
| 35 | 35
BNC
Notice of Order (PDF)
Sat 07/13 12:15 AM
Notice of Order (PDF) w/ BNC Certificate of Mailing Notice Date 07/12/2024. (Admin.) |
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| Tuesday, July 09, 2024 | ||
| 34 | 34
2
pgs
order
Order (PDF)
Wed 07/10 7:53 AM
Order regarding Joint Motion to Approve Settlement with EBF Holdings, LLC Signed on 7/9/2024 . (vwaym crt) |
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| Wednesday, June 05, 2024 | ||
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court
Hearing (Document) Sched/Cont/Resched No Notice
Wed 06/05 1:22 PM
Hearing Scheduled Hearing scheduled for 7/16/2024 at 11:00 AM at Ralph Regula U.S. Courthouse, Canton - Courtroom. (vwaym) |
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court
Hearing (Document) Sched/Cont/Resched No Notice
Wed 06/05 1:24 PM
Hearing Scheduled Hearing scheduled for 7/16/2024 at 11:00 AM at Ralph Regula U.S. Courthouse, Canton - Courtroom. (vwaym) |
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| Tuesday, June 04, 2024 | ||
| 33 | 33
7
pgs
motion
Default Judgment
Tue 06/04 1:54 PM
Amended Motion for Default Judgment Against Credibly of Arizona, Diesel Funding, LLC, Blade Funding, Square Funding, Proventure Capital, LLC and Capital Capify Refiled to Correct Deficiency Filed by Fat Daddy Co (Breyfogle, Edwin aty) |
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| 32 | 32
motion
Amended Motion
Tue 06/04 1:52 PM
Amended Motion for Default Judgment Against Alpine Advance 5 LLC, Cardinal Funding Group, Delta Capital, Reef Funding and Wynwood Capital Refiled to Correct Deficiency Filed by Fat Daddy Co (Breyfogle, Edwin aty) |
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Tue 06/04 11:54 AM
Hearing Held and Adjourned (eross, crt) |
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| Tuesday, May 21, 2024 | ||
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Tue 05/21 2:15 PM
Hearing Held and Adjourned (eross, crt) |
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| Friday, May 17, 2024 | ||
| 31 | 31
court
Notice of Filing Deficiency
Fri 05/17 3:11 PM
Notice of Filing Deficiency: Notice of Motion with date certain objection deadline and hearing date/time required. Please refer to Judge Patton's page on the Court's website; Canton Office; 8/11/2023 Self-Calendaring Hearing Dates for Canton Chapter 11 and Chapter 12 Matters. Also see General Practices and Procedures and Zoom Appearance Procedures (Exhibit B of Judge Patton's Procedures for Appearing via Zoom Video Communications (Effective August 21, 2023) (Revised August 11, 2023) for required notice (RE: related document(s)27 Motion for Default Judgment,29 Motion for Default Judgment). (vwaym) |
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| 30 | 30
motion
Generic Motion
Fri 05/17 10:37 AM
Joint Motion to Approve Settlement with EBF Holdings, LLC Filed by Fat Daddy Co (Breyfogle, Edwin aty) |
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| 29 | 29
motion
Default Judgment
Fri 05/17 10:07 AM
Amended Motion for Default Judgment against Credibly of Arizon, Diesel Funding, LLC, Blade Funding, Square Funding, Proventure Capital, LLC, and Capital Capify Filed by Fat Daddy Co (Breyfogle, Edwin aty) |
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| 28 | 28
motion
Default Judgment
Fri 05/17 9:56 AM
Motion for Default Judgment against Credibly of Arizona, Diesel Funding, LLC, Blade Funding, Square Funding and Proventure Capital, LLC Filed by Fat Daddy Co (Breyfogle, Edwin aty) |
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| 27 | 27
motion
Default Judgment
Fri 05/17 9:52 AM
Motion for Default Judgment Against Alpine Advance 5 LLC, Cardinal Funding Group, Delta Capital, Reef Funding, Wynwood Capital (Breyfogle, Edwin aty) Modified on 5/17/2024 (vwaym) |
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| Friday, May 10, 2024 | ||
| 26 | 26
BNC
Notice of Hearing
Sat 05/11 12:13 AM
Notice of Hearing w/ BNC Certificate of Mailing Notice Date 05/10/2024. (Admin.) |
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| Wednesday, May 08, 2024 | ||
| 25 | 25
court
Hearing (Document) Sched/Cont/Resched w/ Notice
Wed 05/08 10:06 AM
Hearing Time Rescheduled Hearing scheduled for 5/21/2024 at 01:00 PM at Ralph Regula U.S. Courthouse, Canton - Courtroom. (eross) |
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| Thursday, April 25, 2024 | ||
| 24 | 24
BNC
Clerks Entry of Default
Fri 04/26 12:10 AM
Clerks Entry of Default w/ BNC Certificate of Mailing Notice Date 04/25/2024. (Admin.) |
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| Tuesday, April 23, 2024 | ||
| 23 | 23
court
Clerk's Entry of Default
Tue 04/23 3:15 PM
Clerk's Entry of Default for Alpine Advance 5 LLC, Cardinal Funding Group, Delta Capital, Reef Funding, and Wynwood Capital (krupe) |
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| Monday, April 22, 2024 | ||
| 22 | 22
misc
Affidavit
Mon 04/22 4:59 PM
Affidavit Re: Plaintiff's Attorney Regarding Service Filed by Plaintiff Fat Daddy Co . (Breyfogle, Edwin aty) |
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| 21 | 21
misc
Application for Entry of Default
Mon 04/22 4:55 PM
Application for Entry of Default Filed by Fat Daddy Co. (Breyfogle, Edwin aty) |
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| Tuesday, April 16, 2024 | ||
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Tue 04/16 11:36 AM
Hearing Held and Adjourned (eross, crt) |
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| Wednesday, March 20, 2024 | ||
| 20 | 20
BNC
Clerks Entry of Default
Thu 03/21 12:09 AM
Clerks Entry of Default w/ BNC Certificate of Mailing Notice Date 03/20/2024. (Admin.) |
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| Monday, March 18, 2024 | ||
| 19 | 19
court
Clerk's Entry of Default
Mon 03/18 9:00 AM
Clerk's Entry of Default for Credibly of Arizona, Diesel Funding, LLC, Blade Funding, Square Funding, Proventure Capital, LLC and Capify Capital (krupe) |
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| Thursday, March 14, 2024 | ||
| 18 | 18
answer
Affidavit
Thu 03/14 3:14 PM
Affidavit of Plaintiff's Attorney Regarding Service Filed by Fat Daddy Co . (Breyfogle, Edwin aty) |
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| 17 | 17
misc
Application for Entry of Default
Thu 03/14 3:12 PM
Application for Entry of Default Filed by Fat Daddy Co. (Breyfogle, Edwin aty) |
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| 16 | 16
cmp
Summons Service Executed
Thu 03/14 2:41 PM
Summons Service Executed on Alpine Advance 5 LLC 3/14/2024; Cardinal Funding Group 3/14/2024; Delta Capital 3/14/2024; Reef Funding 3/14/2024; Wynwood Capital 3/14/2024 (Breyfogle, Edwin aty) |
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| Monday, March 11, 2024 | ||
| 15 | 15
cmp
Summons Issued
Mon 03/11 4:57 PM
Second Alias Summons issued on Plaintiff for service on Defendant(s) Alpine Advance 5 LLC Answer due 4/10/2024; Cardinal Funding Group Answer due 4/10/2024; Delta Capital Answer due 4/10/2024; Reef Funding Answer due 4/10/2024; Wynwood Capital Answer due 4/10/2024. This Court has adopted a paperless procedure for issuing the summons in an adversary proceeding. The attached summons has been sealed, processed, and docketed by the Clerk. Electronic filers will only receive electronic email notice of this docket entry. No paper copy of the summons will be mailed; it must be printed from CM/ECF. Pursuant to Bankruptcy Rule 7004(a) and F.R.C.P. 4, it is the responsibility of the plaintiff or plaintiff's counsel to promptly serve the summons, a copy of the complaint, and, if applicable, a copy of any pre-trial or adversary case management order on defendant(s). To be timely, the summons and a copy of the complaint must be served within seven (7) days of issuance per Bankruptcy Rule 7004(e). Service of the summons is prescribed by Bankruptcy Rule 7004 and F.R.C.P. 4. If a summons is not timely served, an ''alias'' summons must be requested from the Clerk. Certification or proof of service by plaintiff or plaintiff's counsel is made by completing the Certificate of Service portion of the original summons. Attorneys should docket the summons, once served, using the Summons Service Executed event within CM/ECF. Pre-Trial Conference set for 4/16/2024 at 11:00 AM at Ralph Regula U.S. Courthouse, Canton - Courtroom. (aprib) |
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misc
Request for Issuance of Alias Summons
Mon 03/11 2:58 PM
Request for Issuance of Alias Summons (Breyfogle, Edwin aty) |
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misc
Request for Issuance of Alias Summons
Mon 03/11 3:14 PM
Amended Request for Issuance of Alias Summons for Delta Capital, Alpine Advance 5 LLC, Cardinal Funding Group, Wynwood Capital and Reef Funding (Breyfogle, Edwin aty) |
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| Friday, March 08, 2024 | ||
| 14 | 14
court
Notice of Filing Deficiency
Fri 03/08 11:46 AM
Notice of Filing Deficiency: (1) Return receipts referred to in Application for Clerk's Entry of Default are not attached; and (2) Affidavits required for each Defendant - See Instructions to Official Form 2600 . (vwaym) |
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| Thursday, March 07, 2024 | ||
| 13 | 13
misc
Application for Entry of Default
Thu 03/07 11:07 AM
Application for Entry of Default Filed by Fat Daddy Co (Breyfogle, Edwin aty) |
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| 12 | 12
misc
Withdraw Document/Motion
Thu 03/07 11:05 AM
Withdraw Motion for Default Judgment Filed by Fat Daddy Co . (Breyfogle, Edwin aty) |
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| Wednesday, February 21, 2024 | ||
| 11 | 11
court
Notice of Filing Deficiency
Wed 02/21 7:27 AM
Notice of Filing Deficiency: The filing of an Application for Clerk's Entry of Default is required before Plaintiff can file a Motion for Default Judgment . Counsel to withdraw Motions and proceed accordingly. (vwaym) |
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| Tuesday, February 20, 2024 | ||
| 10 | 10
cmp
Summons Issued
Tue 02/20 3:42 PM
Alias Summons issued on Plaintiff for service on Defendant(s) Alpine Advance 5 LLC Answer due 3/21/2024; Blade Funding Inc Answer due 3/21/2024; Capify Capital Answer due 3/21/2024; Cardinal Funding Group Answer due 3/21/2024; Credibly of Arizona LLC Answer due 3/21/2024; Credibly of Arizona LLC Answer due 3/21/2024; Delta Capital Answer due 3/21/2024; Diesel Funding LLC Answer due 3/21/2024; EBF Holdings, LLC Answer due 3/21/2024; Proventure Capital LLC Answer due 3/21/2024; Reef Funding Answer due 3/21/2024; Square Funding LLC Answer due 3/21/2024; Wynwood Capital Answer due 3/21/2024. This Court has adopted a paperless procedure for issuing the summons in an adversary proceeding. The attached summons has been sealed, processed, and docketed by the Clerk. Electronic filers will only receive electronic email notice of this docket entry. No paper copy of the summons will be mailed; it must be printed from CM/ECF. Pursuant to Bankruptcy Rule 7004(a) and F.R.C.P. 4, it is the responsibility of the plaintiff or plaintiff's counsel to promptly serve the summons, a copy of the complaint, and, if applicable, a copy of any pre-trial or adversary case management order on defendant(s). To be timely, the summons and a copy of the complaint must be served within seven (7) days of issuance per Bankruptcy Rule 7004(e). Service of the summons is prescribed by Bankruptcy Rule 7004 and F.R.C.P. 4. If a summons is not timely served, an ''alias'' summons must be requested from the Clerk. Certification or proof of service by plaintiff or plaintiff's counsel is made by completing the Certificate of Service portion of the original summons. Attorneys should docket the summons, once served, using the Summons Service Executed event within CM/ECF. Pre-Trial Conference set for 4/16/2024 at 11:00 AM at Ralph Regula U.S. Courthouse, Canton - Courtroom. (aprib) |
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court
Hearing (Document) Sched/Cont/Resched No Notice - CHAP ADI
Tue 02/20 1:18 PM
Hearing Held and Adjourned (eross, crt) |
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| Monday, February 19, 2024 | ||
| 9 | 9
motion
Default Judgment
Mon 02/19 5:34 PM
Motion for Default Judgment Capify Capital Filed by Fat Daddy Co (Breyfogle, Edwin aty) |
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| 8 | 8
motion
Default Judgment
Mon 02/19 5:32 PM
Motion for Default Judgment Credibly of Arizona, Diesel Funding, LLC, Blade Funding, Square Funding and Proventure Capital, LLC Filed by Fat Daddy Co (Breyfogle, Edwin aty) |
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| 7 | 7
motion
Generic Motion
Mon 02/19 5:29 PM
Motion Regarding Service Filed by Fat Daddy Co (Breyfogle, Edwin aty) |
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misc
Request for Issuance of Alias Summons
Mon 02/19 5:27 PM
Request for Issuance of Alias Summons (Breyfogle, Edwin aty) |
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| Monday, December 18, 2023 | ||
| 6 | 6
cmp
Summons Service Executed
Mon 12/18 11:03 AM
Summons Service Executed on Alpine Advance 5 LLC 12/18/2023; Blade Funding Inc 12/18/2023; Capify Capital 12/18/2023; Cardinal Funding Group 12/18/2023; Credibly of Arizona LLC 12/18/2023; Credibly of Arizona LLC 12/18/2023; Delta Capital 12/18/2023; Diesel Funding LLC 12/18/2023; EBF Holdings, LLC 12/18/2023; Fat Daddy Co 12/18/2023; Proventure Capital LLC 12/18/2023; Reef Funding 12/18/2023; Square Funding LLC 12/18/2023; Wynwood Capital 12/18/2023 (Breyfogle, Edwin aty) |
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| Friday, December 15, 2023 | ||
| 5 | 5
BNC
Notice of Scheduling Order
Sat 12/16 12:13 AM
Notice of Scheduling Order w/ BNC Certificate of Mailing Notice Date 12/15/2023. (Admin.) |
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| Wednesday, December 13, 2023 | ||
| 4 | 4
cmp
Summons Issued
Wed 12/13 1:41 PM
Summons issued on Plaintiff for service on Defendant(s) Alpine Advance 5 LLC Answer due 1/12/2024; Blade Funding Inc Answer due 1/12/2024; Capify Capital Answer due 1/12/2024; Cardinal Funding Group Answer due 1/12/2024; Credibly of Arizona LLC Answer due 1/12/2024; Credibly of Arizona LLC Answer due 1/12/2024; Delta Capital Answer due 1/12/2024; Diesel Funding LLC Answer due 1/12/2024; EBF Holdings, LLC Answer due 1/12/2024; Proventure Capital LLC Answer due 1/12/2024; Reef Funding Answer due 1/12/2024; Square Funding LLC Answer due 1/12/2024; Wynwood Capital Answer due 1/12/2024. This Court has adopted a paperless procedure for issuing the summons in an adversary proceeding. The attached summons has been sealed, processed, and docketed by the Clerk. Electronic filers will only receive electronic email notice of this docket entry. No paper copy of the summons will be mailed; it must be printed from CM/ECF. Pursuant to Bankruptcy Rule 7004(a) and F.R.C.P. 4, it is the responsibility of the plaintiff or plaintiff's counsel to promptly serve the summons, a copy of the complaint, and, if applicable, a copy of any pre-trial or adversary case management order on defendant(s). To be timely, the summons and a copy of the complaint must be served within seven (7) days of issuance per Bankruptcy Rule 7004(e). Service of the summons is prescribed by Bankruptcy Rule 7004 and F.R.C.P. 4. If a summons is not timely served, an ''alias'' summons must be requested from the Clerk. Certification or proof of service by plaintiff or plaintiff's counsel is made by completing the Certificate of Service portion of the original summons. Attorneys should docket the summons, once served, using the Summons Service Executed event within CM/ECF. Pre-Trial Conference set for 2/20/2024 at 01:00 PM at Ralph Regula U.S. Courthouse, Canton - Courtroom. (aprib) |
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| 3 | 3
order
Scheduling Order (PDF)
Wed 12/13 1:39 PM
Initial Pretrial Hearing via Zoom and Case Management Order Signed on 12/13/2023 . Pre-Trial Conference set for 2/20/2024 at 01:00 PM at Ralph Regula U.S. Courthouse, Canton - Courtroom. (vwaym crt) |
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| 2 | 2
order
Initial Pretrial and/or Adversary Case Management
Wed 12/13 1:36 PM
This Court has adopted a paperless procedure for issuing the pretrial or case management order in an adversary proceeding. The enclosed order has been issued by the Court and electronically placed on the adversary case docket. Electronic filers will only receive electronic email notice of this docket entry. No paper copy of this order will be mailed; it must be printed from CM/ECF. It is the responsibility of the plaintiff or plaintiff's counsel to serve the pretrial or case management order on defendants(s) pursuant to applicable rules and instructions. Initial Pretrial and/or Adversary Case Management Order Signed on 12/13/2023 . Pre-Trial Conference set for 2/20/2024 at 01:00 PM at Ralph Regula U.S. Courthouse, Canton - Courtroom. (aprib crt) |
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utility
Corrective Entry
Wed 12/13 3:44 PM
Corrective Entry Made by Court: Disregard Order at (Doc3 ); Duplicate of Order at (Doc2 ) inadvertently entered . (vwaym) |
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| Monday, December 11, 2023 | ||
| 1 | 1
4
pgs
cmp
Complaint
Mon 12/11 4:04 PM
Adversary case 23-06035 Complaint by Fat Daddy Co against Alpine Advance 5 LLC, Credibly of Arizona LLC, Proventure Capital LLC, Blade Funding Inc, Capify Capital, Cardinal Funding Group, Credibly of Arizona LLC, Delta Capital, Diesel Funding LLC, EBF Holdings, LLC, Reef Funding, Square Funding LLC, Wynwood Capital. Fee Amount $350 Nature of Suit:21 (Validity, Priority or Extent of Lien or Other Interest in Property; Rule 7001(2)) (Breyfogle, Edwin aty) |
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