Good Floor Loans LLC v. Level Up Auto Sales, Inc. et al
Adversary Proceeding
Lead BK case is: 8:24-bk-05588
Lead BK case is: 8:24-bk-05588
| Florida Middle Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Roberta A Colton |
| Case #: | 8:24-ap-00354 |
| Nature of Suit | 2 Bankruptcy - Other 21 Bankruptcy - Validity, priority or extent of lien or other interest in property |
| Case Filed: | Oct 19, 2024 |
| Terminated: | Mar 26, 2025 |
| Last checked: never |
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Defendant
Pavo Fresh, LLC, a Florida Limited Liability Company
1404 E. 137th Avenue, Apt. A
Tampa, FL 33613 |
Represented By
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Defendant
Joyce M. Avery
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Represented By
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Defendant
DKC Lending LLC, a Florida Limited Liability Company
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Represented By
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Defendant
Skyway Capital Management LLC, a Florida Limited Liability Company
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Represented By
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Defendant
Saluda Grade Loan Trust 4, a Delaware Statutory Trust, assignee to Oaktree Funding Corp.
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Represented By
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Defendant
Mortgage Electronic Registration Systems, Inc., as nominee for Loan Funder LLC, Series 55709, Loan Funder LLC, Series 54492, Loan Funder LLC, Series 54490, Loan Funder LLC, Series 52556
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Represented By
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Defendant
Njomza Rizahi
1258 Burma Avenue
Clearwater, FL 33764 |
Represented By
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Defendant
Robert Baho
30173 Fedora Circle
Brooksville, FL 34602 |
Represented By
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Defendant
David Tushaj
19243 Early Violet Street
Tampa, FL 33647 |
Represented By
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Defendant
Rizah Mahmuti
15029 SW 153rd Ct.
Miami, FL 33196 |
Represented By
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Defendant
Shqipe Selmani
540 Trinity Lane N. Apt. 5203
St. Petersburg, FL 33716 |
Represented By
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Defendant
Burim Selmani
540 Trinity Lane N. Apt. 5203
St. Petersburg, FL 33716 |
Represented By
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Defendant
F1 Motor Transport LLC, a Florida Limited Liability Company
19243 Early Violet Street
Tampa, FL 33647 |
Represented By
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Defendant
5599 Holdings LLC, a Florida Limited Liability Company
5599 34th Street N
Saint Petersburg, FL 33714 |
Represented By
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Defendant
Level Up Auto Sales, Inc., a Florida Corporation
5599 34th Street N. #B
Saint Petersburg, FL 33714 |
Represented By
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Plaintiff
Good Floor Loans LLC, a Texas Limited Liability Company, as assignee of PrimaLend Capital Partners, LP
Spencer Fane LLP c/o Jason P. Kathman 5700 Granite Parkway, Suite 650
Plano, TX 75024 |
Represented By
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| Docket last updated: 05/09/2025 1:05 PM EDT |
| Wednesday, March 26, 2025 | ||
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court
Close Adversary Case
Wed 03/26 10:25 AM
Adversary Case 8:24-ap-354 Closed. (Faye) |
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| Thursday, March 13, 2025 | ||
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court
Compromise Cross-Reference
Thu 03/13 3:42 PM
Order Denying Motion to Approve Compromise filed in Case No. 8:24-bk-05588-RCT, Doc. No. 130 as Moot . (Deborah K.) |
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| Wednesday, March 05, 2025 | ||
| 36 | 36
court
BNC Certificate of Mailing - PDF Document
Thu 03/06 12:22 AM
BNC Certificate of Mailing - PDF Document. . Notice Date 03/05/2025. (Admin.) |
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| Monday, March 03, 2025 | ||
| 35 | 35
order
Generic Order
Mon 03/03 2:27 PM
Order Granting Motion for Abstention. The Clerk is directed to proceed to close this case. . Service Instructions: Clerks Office to serve. (Deborah K.) |
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| Wednesday, February 26, 2025 | ||
| 34 | 34
court
CHAP Pro Memo - Hearing Held
Wed 02/26 5:36 PM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: Jason Kathman; James Eising WITNESSES: EVIDENCE: RULING: (1) Con't Notice of Pretrial/Status Conference - Complaint (Doc #1) ***(2) Con't Preliminary Hearing on Motion for Abstention Filed by Edward J. Peterson III on behalf of Defendant Level Up Auto Sales, Inc (Doc #6) Omnibus Response to Defendants' Motions for Abstention Filed by Jason Patrick Kathman on behalf of Plaintiff Good Floor Loans LLC and PrimaLend Real Estates LLC (Doc #13) - ABSTAINED; ORDER BY COURT (CHAMBERS TO PREPARE ORDER) l Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill) |
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| Wednesday, February 19, 2025 | ||
| 33 | 33
court
CHAP Pro Memo - Hearing Held
Wed 02/19 5:32 PM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: Jason Kathman; James Eising WITNESSES: EVIDENCE: RULING: (1) Con't Notice of Pretrial/Status Conference - CON'T TO 2/26/25 @ 2:00 PM (AOCNFNG) Complaint (Doc #1) (2) Con't Preliminary Hearing on Motion for Abstention Filed by Edward J. Peterson III on behalf of Defendant Level Up Auto Sales, Inc (Doc #6) Omnibus Response to Defendants' Motions for Abstention Filed by Jason Patrick Kathman on behalf of Plaintiff Good Floor Loans LLC and PrimaLend Real Estates LLC (Doc #13) Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill) |
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| Monday, February 17, 2025 | ||
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court
Compromise Cross-Reference
Mon 02/24 2:25 PM
Motion to Approve Compromise filed in Case No. 8:24-bk-05588-RCT, Doc. No 116 . (Lidia) |
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| Monday, February 10, 2025 | ||
| 32 | 32
court
CHAP Pro Memo - Hearing Held
Mon 02/10 1:12 PM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: Jason Kathman; Edward Peterson WITNESSES: EVIDENCE: RULING: (1) Con't Notice of Pretrial/Status Conference - ALL MATTERS CON'T TO 2/19/25 @ 1:30 PM (AOCNFNG) Complaint (Doc #1) (2) Con't Preliminary Hearing on Motion for Abstention Filed by Edward J. Peterson III on behalf of Defendant Level Up Auto Sales, Inc (Doc #6) Omnibus Response to Defendants' Motions for Abstention Filed by Jason Patrick Kathman on behalf of Plaintiff Good Floor Loans LLC and PrimaLend Real Estates LLC (Doc #13) Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill) |
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| Wednesday, February 05, 2025 | ||
| 31 | 31
notice
Notice of Withdrawal of Pleadings
Wed 02/05 10:51 AM
Notice of Withdrawal of OF DOCKET ENTRY # 9, 10, AND 11 Filed by Eric B Jontz on behalf of Defendant NextGear Capital, Inc. . (Jontz, Eric) |
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| Tuesday, February 04, 2025 | ||
| 30 | 30
court
CHAP Pro Memo - Hearing Held
Tue 02/04 5:15 PM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: Jason Kathman; Edward Peterson WITNESSES: EVIDENCE: RULING: (1) Pretrial/Status Conference - ALL MATTERS CON'T TO 2/10/25 @ 10:00 AM (AOCNFNG) Complaint (Doc #1) Answer and Affirmative Defenses Filed by Eric B Jontz on behalf of Defendant NextGear Capital, Inc (Doc #10) (2) Preliminary Hearing on Motion for Abstention Filed by Edward J. Peterson III on behalf of Defendant Level Up Auto Sales, Inc (Doc #6) Omnibus Response to Defendants' Motions for Abstention Filed by Jason Patrick Kathman on behalf of Plaintiff Good Floor Loans LLC and PrimaLend Real Estates LLC (Doc #13) Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill) |
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| Saturday, February 01, 2025 | ||
| 29 | 29
court
BNC Certificate of Mailing - Hearing Notice (AP)
Sun 02/02 12:17 AM
BNC Certificate of Mailing - Notice of Hearing . Notice Date 02/01/2025. (Admin.) |
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| Friday, January 31, 2025 | ||
| 28 | 28
court
Clerks Entry of Default
Fri 01/31 8:18 AM
Clerk's Entry of Default Against Defendant Njomza Rizahi. Service Instructions: Clerks Office to Serve . (Deborah K.) |
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| 27 | 27
court
Clerks Entry of Default
Fri 01/31 8:16 AM
Clerk's Entry of Default Against Defendant Robert Baho. Service Instructions: Clerks Office to Serve . (Deborah K.) |
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| 26 | 26
court
Clerks Entry of Default
Fri 01/31 8:15 AM
Clerk's Entry of Default Against Defendant David Tushaj. Service Instructions: Clerks Office to Serve . (Deborah K.) |
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| 25 | 25
court
Clerks Entry of Default
Fri 01/31 8:13 AM
Clerk's Entry of Default Against Defendant, Rizah Mahmuti. Service Instructions: Clerks Office to Serve . (Deborah K.) |
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| 24 | 24
court
Clerks Entry of Default
Fri 01/31 8:11 AM
Clerk's Entry of Default Against Defendant Shqipe Selmani. Service Instructions: Clerks Office to Serve . (Deborah K.) |
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| 23 | 23
court
Clerks Entry of Default
Fri 01/31 8:09 AM
Clerk's Entry of Default Against Defendant Burim Selmani. Service Instructions: Clerks Office to Serve . (Deborah K.) |
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| Thursday, January 30, 2025 | ||
| 22 | 22
court
Notice Canceling and/or Rescheduling (AP)
Thu 01/30 11:59 AM
Notice Rescheduling Status Conference Motion for Abstention by Level Up Auto Sales, Inc., Defendant (Doc 6) and Pretrial/Status Conference (Doc 12) . Hearing scheduled for 2/4/2025 at 03:00 PM at Tampa, FL - Courtroom 8A, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue . (Wendy) |
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| Tuesday, January 28, 2025 | ||
| 21 | 21
motion
Motion for Entry of Default (AP)
Tue 01/28 6:15 PM
Amended Motion for Entry of Default against Burim Selmani, Shqipe Selmani, Rizah Mahmuti, David Tushaj, Robert Baho and Njomza Rizahi Filed by Jason Patrick Kathman on behalf of Plaintiff Good Floor Loans LLC . (Kathman, Jason) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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| Friday, January 17, 2025 | ||
| 20 | 20
notice
Notice of Hearing (AP)
Fri 01/17 9:01 AM
Notice of Hearing Filed by Edward J. Peterson III on behalf of Defendant Level Up Auto Sales, Inc. . Hearing scheduled for 2/4/2025 at 02:00 PM at Tampa, FL - Courtroom 8A, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue . (Peterson, Edward) |
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court
ADI - Reminder to Prepare and Serve Notice of Hearing
Fri 01/17 8:20 AM
The Court reminds Edward J. Peterson to prepare, file and serve the notice of hearing on interested parties. Re: Preliminary Hearing Scheduled for 02/04/2025 02:00 PM Tampa, FL - Courtroom 8A, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue. Re: Motion for Abstention Doc6 . If notice of the hearing is not filed and served within 48 hours of this reminder, then the Court will remove it from the hearing calendar and, in its discretion, may deny the relief requested. (ADIclerk) |
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| Tuesday, January 14, 2025 | ||
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court
Prepare Hearing Notice - Automation Use Only
Tue 01/14 3:54 PM
Preliminary Hearing Scheduled for 02/04/2025 02:00 PM Tampa, FL - Courtroom 8A, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue. Re: Motion for Abstention Doc6 . This entry is not an official notice of hearing from the court. Noticing Instructions : The Court directs Edward J. Peterson to prepare, file, and serve a notice of hearing that includes the information on the Notice of Hearing Sample Form available at https://www.flmb.uscourts.gov/proguide/documents/Samples/Notice_of_Hearing_Adversary_Sample_Form.pdf?id=1 Counsel must file and serve the notice of hearing on interested parties within 3 days. If the hearing is on an Emergency/Expedited matter, then counsel must file and serve the notice of hearing immediately upon receipt of this directive. If the notice of hearing is not timely served and filed, then the Court will remove it from the hearing calendar and, in its discretion, may deny the relief requested. . (Bill) |
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| Thursday, January 09, 2025 | ||
| 19 | 19
court
Clerks Entry of Default
Thu 01/09 12:01 PM
Clerk's Entry of Default Against Defendant DKC Lending LLC, a Florida Limited Liability Company. Service Instructions: Clerks Office to Serve . (Deborah K.) |
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| 18 | 18
court
Clerks Entry of Default
Thu 01/09 11:59 AM
Clerk's Entry of Default Against Defendant Skyway Capital Management LLC, a Florida Limited Liability Company. Service Instructions: Clerks Office to Serve . (Deborah K.) |
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| 17 | 17
court
Clerks Entry of Default
Thu 01/09 11:57 AM
Clerk's Entry of Default Against Defendant Pavo Fresh, LLC, a Florida Limited Liability Company. Service Instructions: Clerks Office to Serve . (Deborah K.) |
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| 16 | 16
court
Clerks Entry of Default
Thu 01/09 11:56 AM
Clerk's Entry of Default Against Defendant F1 Motor Transport LLC, a Florida Limited Liability Company. Service Instructions: Clerks Office to Serve . (Deborah K.) |
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| 15 | 15
order
Default
Thu 01/09 11:53 AM
Order Granting in Part and Denying in Part Motion for Entry of Default - The Motion is Granted as to Defendants (1) F1 Motor Transport LLC, (2) Pavo Fresh, LLC, and (3) Skyway Capital Management LLC, and (4) DKC Lending LLC. The Motion is Denied as to Defendants (1) Debtor Level Up Auto Sales, Inc., (2) Debtor 5599 Holdings LLC, (3) NextGear Capital, Inc., (4) Burim Selmani, (5) Shqipe Selmani, (6) Rizah Mahmuti, (7) David Tushaj, (8) Robert Baho, (9) Njomza Rizahi, (10) Joyce Avery. As to Defendants (1) MERS, and (2) Saluda Trust, Plaintiff may re-serve these defendants and/or re-file the motion for entry of default explaining how serve was properly made. If the Court denies the pending Motion for Abstention (Doc. 7), Debtor Level Up Auto Sales, Inc. and Debtor 5599 Holdings LLC are directed to file a response to the complaint within 14 days after entry of the order denying the motion . Service Instructions: Clerks Office to serve. (Deborah K.) |
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| Wednesday, December 25, 2024 | ||
| 14 | 14
court
BNC Certificate of Mailing - Hearing Notice (AP)
Thu 12/26 12:20 AM
BNC Certificate of Mailing - Notice of Hearing . Notice Date 12/25/2024. (Admin.) |
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| Monday, December 23, 2024 | ||
| 13 | 13
answer
Response
Mon 12/23 8:19 PM
Omnibus Response to Defendants' Motions for Abstention Filed by Jason Patrick Kathman on behalf of Plaintiff Good Floor Loans LLC . (Kathman, Jason) |
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| 12 | 12
court
Notice Of Pretrial / Status Conference
Mon 12/23 12:56 PM
Notice of Pretrial/ Status Conference. . Pre-Trial Conference set for 2/4/2025 at 02:00 PM at Tampa, FL - Courtroom 8A, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue. (Deborah K.) |
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| Friday, December 13, 2024 | ||
| 11 | 11
misc
Statement of Corporate Ownership
Fri 12/13 1:25 PM
Statement of Corporate Ownership. Corporate parents added to case: NextGear Capital, Inc.. Filed by Eric B Jontz on behalf of Defendant NextGear Capital, Inc.. (Jontz, Eric) |
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| 10 | 10
answer
Answer (Do not use for answer to complaint)
Fri 12/13 1:21 PM
Answer and Affirmative Defenses Filed by Eric B Jontz on behalf of Defendant NextGear Capital, Inc. . (Jontz, Eric) |
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| 9 | 9
notice
Notice of Appearance and Request for Notice
Fri 12/13 1:14 PM
Notice of Appearance and Request for Notice Filed by Eric B Jontz on behalf of Defendant NextGear Capital, Inc.. (Jontz, Eric) |
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| Wednesday, December 11, 2024 | ||
| 8 | 8
motion
Motion for Entry of Default (AP)
Wed 12/11 10:47 AM
Motion for Entry of Default against F1 Motor Transport LLC; Burim Selmani; Shqipe Selmani; Rizah Mahmuti; Pavo Fresh, LLC; David Tushaj; Robert Baho; Njomza Rizahi; Mortgage Electronic Registration Systems, Inc.; Saluda Grade Loan Trust 4; Skyway Capital Management LLC; DKC Lending LLC; and Joyce M. Avery Filed by Jason Patrick Kathman on behalf of Plaintiff Good Floor Loans LLC. (Kathman, Jason) |
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| Tuesday, December 10, 2024 | ||
| 7 | 7
2
pgs
order
Order (Generic)
Tue 12/10 4:00 PM
Order Directing Plaintiff to File a Response to Debtors' Motion for Abstention no later than fourteen (14) days after entry of this Order . Service Instructions: Edward Peterson is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Deborah K.) |
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misc
Electronic Service Text Entry (TEXT ONLY)
Tue 12/10 4:06 PM
Service completed via CM/ECF electronic notification. Filed by Edward J. Peterson III on behalf of Defendant Level Up Auto Sales, Inc. . (Peterson, Edward) |
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| Wednesday, December 04, 2024 | ||
| 6 | 6
motion
Z - Generic Motion (use only when there is no specific motion event) (AP)
Wed 12/04 8:31 AM
Motion for Abstention Filed by Edward J. Peterson III on behalf of Defendant Level Up Auto Sales, Inc. . (Peterson, Edward) |
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court
Corrective Entry - Corrective Action Required (SB)
Wed 12/04 7:38 AM
ERROR NOTIFICATION to Edward Peterson. The event you selected does not match the Pdf image you filed. NO ACTION WILL BE TAKEN BY THE COURT ON THIS FILING, . (Deborah K.) |
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| Tuesday, December 03, 2024 | ||
| 5 | 5
misc
Summons Service Executed
Tue 12/03 3:26 PM
Service Executed on Level Up Auto Sales, Inc; 5599 Holdings LLC; F1 Motor Transport LLC; Burim Selmani; Shqipe Selmani; Rizah Mahmuti; Pavo Fresh, LLC; David Tushaj; Robert Baho; Njomza Rizahi; Mortgage Electronic Registration Systems, Inc.; Saluda Grande Loan Trust 4, a Delaware Statutory Trust; Skyway Capital Management LLC; DKC Lending LLC; and Joyce M. Avery of Summons, Complaint, Local Rule 7001-1. Filed by Jason Patrick Kathman on behalf of Plaintiff Good Floor Loans LLC . (Kathman, Jason) |
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| Monday, December 02, 2024 | ||
| 4 | 4
answer
Answer to Complaint
Mon 12/02 5:06 PM
Answer to Complaint Defendant's Motion for Abstention . Filed by Edward J. Peterson III on behalf of Defendant Level Up Auto Sales, Inc.. (Peterson, Edward) |
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| Friday, October 25, 2024 | ||
| 3 | 3
misc
Statement of Corporate Ownership
Fri 10/25 3:46 PM
Statement of Corporate Ownership. Corporate Affiliates added to case:, PCAP Holdings LP Filed by Jason Patrick Kathman on behalf of Plaintiff Good Floor Loans LLC. (Kathman, Jason) |
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| Monday, October 21, 2024 | ||
| 2 | 2
court
ADI - Summons Issued (auto)
Mon 10/21 2:56 PM
Summons issued along with Local Rule 7001-1 - Adversary Proceedings - Procedures. Answer Due 11/20/2024. If one or more defendants are the United States or an officer or agency thereof, add an additional five days to the Answer Due date. A copy of this summons must be included when filing proof of service of this summons. (ADIclerk) |
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| Saturday, October 19, 2024 | ||
| 1 | 1
cmp
ADI - Complaint - Original
Sat 10/19 2:52 PM
Complaint by Good Floor Loans LLC against Level Up Auto Sales, Inc., 5599 Holdings LLC, F1 Motor Transport LLC, Burim Selmani, Shqipe Selmani, Rizah Mahmuti, Pavo Fresh, LLC, David Tushaj, Robert Baho, Njomza Rizahi, Mortgage Electronic Registration Systems, Inc., Saluda Grade Loan Trust 4, Skyway Capital Management LLC, DKC Lending LLC, Joyce M. Avery. (Fee Paid.) Nature of Suit: [21 (Validity, priority or extent of lien or other interest in property)],[02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))]. (Kathman, Jason) |
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Att: 1
Adversary Proceeding Cover Sheet
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