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FL 6801 Spirits LLC, No. 14-bk-11691 (Bankr. S.D.N.Y.)
Case Title: FL 6801 Spirits LLC
Case Type: Chapter 11 Bankruptcy
Court: U.S. Bankruptcy Court for the Southern District of New York
Index Number(s): 2014bk11691, 14-bk-11691, 14-11691-scc
Judge: Shelley C. Chapman
Case Opened: June 1, 2014
Docket Entries
Date Filed Dkt # Entry Text
Jun 1, 2014 Case Related to 08-13555(SCC) Lehman Brothers Holdings Inc. (Gomez, Jessica)
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Jun 1, 2014 Receipt of Motion to Sell Property Free and Clear of Liens Under Section 363(f)(14-11691) [motion,msell] ( 176.00) Filing Fee. Receipt number 10128272. Fee amount 176.00. (Re: Doc # 4) (U.S. Treasury)
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Jun 1, 2014 Receipt of Voluntary Petition (Chapter 11)(14-11691) [misc,824] (1717.00) Filing Fee. Receipt number 10128257. Fee amount 1717.00. (Re: Doc # 1) (U.S. Treasury)
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Jun 1, 2014 1 Voluntary Petition (Chapter 11). Order for Relief Entered. Chapter 11 Plan due by 9/29/2014, Disclosure Statement due by 9/29/2014, Initial Case Conference due by 7/1/2014, Filed by Albert Togut of Togut, Segal & Segal LLP on behalf of FL 6801 Spirits LLC. (Togut, Albert) (Entered: 06/01/2014)
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Jun 1, 2014 2 Declaration of Anthony Barsanti Pursuant to Local Bankruptcy Rule 1007-2 and in Support of Chapter 11 Petitions and First Day Motions (related document(s)1) filed by Albert Togut on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit A: Corporate Organization Chart # 2 Exhibit B: Holders of the 20 Largest Unsecured Claims # 3 Exhibit C: Holder of the Largest Secured Claim # 4 Exhibit D: Statement of Assets and Liabilities # 5 Exhibit E: Schedule of Debtors' Premises # 6 Exhibit F: Location of Assets, Books and Records # 7 Exhibit G: Summary of Actions or Proceedings # 8 Exhibit H: Schedule of Senior Management # 9 Exhibit I: Schedule of Operations for 30-Day Period After Filing) (Togut, Albert) (Entered: 06/01/2014)
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Jun 1, 2014 3 Motion for Joint Administration /Debtors' Motion for Order (I) Directing Joint Administration of the Chapter 11 Cases Pursuant to Bankruptcy Code Section 302 and Bankruptcy Rule 1015(b) and (II) Waiving Requirements of Bankruptcy Code Section 342(c)(1) and Bankruptcy Rules 1005 and 202(n) (related document(s)2, 1) filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit A: Corporate Organization Chart # 2 Exhibit B: Proposed Order) (Oswald, Frank) (Entered: 06/01/2014)
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Jun 1, 2014 4 Motion to Sell Property Free and Clear of Liens Under Section 363(f)/Debtors' (I) Ex Parte Application for an Order Scheduling a Hearing to Consider, Among Other Things, Bidding Procedures and (II) Motion for (A) an Order Approving, Among Other Things, (i) Bidding Procedures Regarding the Debtors' Sale of Property, Subject to Higher or Better Offers and Bankruptcy Court Approval, (ii) the Time, Date, Place, and Form of Notice for the Auction and Sale Hearing, and (iii) a Break-Up Fee, (B) an Order (i) Approving the Sale Free and Clear of Liens, Claims, Encumbrances and Other Interests, and (ii) Authorizing the Assumption and Assignment of Certain Executory Contracts, and (C) Related Relief filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit 1: Purchase Agreement (Part 1 of 2) # 2 Exhibit 1: Purchase Agreement (Part 2 of 2) # 3 Exhibit 2: Proposed Bidding Procedures Order, together with Exhibit A: Proposed Bidding Procedures; Exhibit B: Proposed Notice of Auction and Sale Hearing; and Exhibit C: Proposed Cure Notice # 4 Exhibit 3: Proposed Sale Order # 5 Proposed Scheduling Order) (Oswald, Frank) (Entered: 06/01/2014)
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Jun 1, 2014 5 Motion to Approve Debtor in Possession Financing /Debtors' Motion for Interim and Final Orders Pursuant to 11 U.S.C. Sections 105, 361, 362, 363 and 364 (I) Authorizing the Debtors to (A) Obtain Postpetition Secured Super-Priority Financing, and (B) Utilize Cash Collateral of Prepetition Lender; (II) Scheduling a Final Hearing Pursuant to Bankruptcy Rules 4001(b) and 4001(c); and (III) Granting Related Relief filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit A: Barsanti Declaration # 2 Exhibit B: Proposed Interim Order # 3 Exhibit 1 to Exhibit B: Budget # 4 Exhibit C: DIP Agreement) (Oswald, Frank) (Entered: 06/01/2014)
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Jun 1, 2014 6 Application to Employ Prime Clerk LLC as Claims and Noticing Agent /Debtors' Application for an Order Authorizing Retention and Appointment of Prime Clerk LLC as Claims and Noticing Agent for the Debtors Pursuant to 28 U.S.C. Section 156(c), Bankruptcy Code Section 105(a), Local Bankruptcy Rule 5075-1 and General Order M-409 filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit A: Proposed Retention Order # 2 Exhibit B: Frishberg Declaration # 3 Exhibit C: Engagement Agreement) (Oswald, Frank) (Entered: 06/01/2014)
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Jun 1, 2014 7 Motion to Authorize /Debtors' Motion for Order Pursuant to Bankruptcy Code Section 521, Bankruptcy Rule 1007 and Local Bankruptcy Rule 1007-1 Authorizing the Debtor to: (I) Prepare a List of Creditors in Lieu of Mailing Matrix; (II) File List of 20 Largest Unsecured Creditors; and (III) Mail Notices to Creditors filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit A: Proposed Order) (Oswald, Frank) (Entered: 06/01/2014)
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Jun 1, 2014 8 Application to Extend Time to File Schedules /Debtors' Motion for an Order Granting an Extension of Time to File: (I) Statement of Financial Affairs and Schedules of Assets and Liabilities; (II) Schedules of Current Income and Expenditures; and (III) Statements of Executory Contracts and Unexpired Leases filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit A: Proposed Order) (Oswald, Frank) (Entered: 06/01/2014)
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Jun 1, 2014 9 Motion to Authorize /Debtors' Motion for Interim and Final Orders Pursuant to Bankruptcy Code Sections 105(a), 345, 363, 364 and 503(b)(1) Authorizing (I) Continued Maintenance of Existing Bank Accounts; (II) Continued Use of Existing Business Forms; (III) Continued Use of Existing Cash Management System; and (IV) Waiver of Certain Guidelines Relating to Bank Accounts filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit A: Schedule of Bank Accounts # 2 Exhibit B: Proposed Interim Order # 3 Exhibit C: Proposed Final Order) (Oswald, Frank) (Entered: 06/01/2014)
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Jun 1, 2014 10 Motion to Approve /Debtors' Motion for Order Pursuant to Section 105 of the Bankruptcy Code, for an Order Confirming the Protections of Sections 362 and 365 of the Bankruptcy Code filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit A: Proposed Order # 2 Exhibit B: Transcript Excerpt) (Oswald, Frank) (Entered: 06/01/2014)
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Jun 1, 2014 11 Motion to Authorize /Debtors' Motion for the Entry of an Order Authorizing the Debtors to Honor Certain Prepetition Obligations to Rental Program Participants and Otherwise Continue the Rental Program and Certain Practices with Canyon Ranch in the Ordinary Course of Business filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit A: Proposed Order) (Oswald, Frank) (Entered: 06/01/2014)
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Jun 1, 2014 12 Declaration of Lara R. Sheikh, Esq., in Support of the Debtors' (I) Ex Parte Application for an Order Scheduling a Hearing to Consider, Among Other Things, Bidding Procedures and (II) Motion for (A) an Order Approving, Among Other Things, (i) Bidding Procedures Regarding the Debtors' Sale of Property, Subject to Higher or Better Offers and Bankruptcy Court Approval, (ii) the Time, Date, Place, and Form of Notice for the Auction and Sale Hearing, and (iii) a Break-Up Fee, (B) an Order (i) Approving the Sale Free and Clear of Liens, Claims, Encumbrances and Other Interests, and (ii) Authorizing the Assumption and Assignment of Certain Executory Contracts, and (C) Related Relief (related document(s)4) filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Attachments: # 1 Exhibit A: Master Declaration (Part 1 of 2) # 2 Exhibit A: Master Declaration (Part 2 of 2) # 3 Exhibit B: North Tower Declaration (Part 1 of 2) # 4 Exhibit B: North Tower Declaration (Part 2 of 2) # 5 Exhibit C: South Tower Declaration (Part 1 of 2) # 6 Exhibit C: South Tower Declaration (Part 2 of 2) # 7 Exhibit D: Central Tower Declaration (Part 1 of 2) # 8 Exhibit D: Central Tower Declaration (Part 2 of 2)) (Oswald, Frank) (Entered: 06/01/2014)
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Jun 2, 2014 13 Notice of Hearing (Hearing Date: 6/3/14 @ 11:30 a.m.) Notice of Commencement of Chapter 11 Cases and Hearing to Consider "First Day" Motions (related document(s)9, 5, 7, 11, 10, 4, 3, 8, 6) filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. with hearing to be held on 6/3/2014 at 11:30 AM at Courtroom 623 (SCC) (Oswald, Frank) (Entered: 06/02/2014)
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Jun 2, 2014 14 Notice of Appearance and Request for Service of Papers by Fulbright & Jaworski LLP filed by Melanie McLaughlin Kotler on behalf of 360 Miami Hotel & Spa LLC. (Kotler, Melanie) (Entered: 06/02/2014)
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Jun 2, 2014 15 Application for Pro Hac Vice Admission for Kristian W. Gluck of Fulbright & Jaworski LLP filed by Melanie McLaughlin Kotler on behalf of 360 Miami Hotel & Spa LLC. (Kotler, Melanie) (Entered: 06/02/2014)
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Jun 2, 2014 16 Affidavit of Service Affidavit of Service of Joshua L. Karotkin Regarding Notice of Commencement of Chapter 11 Cases and Hearing to Consider "First Day" Motions, Declaration of Anthony Barsanti in Support of Chapter 11 Petitions and First Day Motions, Debtors' Motion for Order (I) Directing Joint Administration and (II) Waiving Requirements of Bankruptcy Code Sections 342(c)(1) and Bankruptcy Rule 1005 and 2002(n), Debtors' Motion for Interim and Final Orders (I) Authorizing the Debtors to (A) Obtain Postpetition Secured Super-Priority Financing, and (B) Utilize Cash Collateral of Preptetition Lender; (II) Scheduling a Final Hearing; and (III) Granting Related Relief, Debtors' Application for an Order Authorizing the Retention and Appointment of Prime Clerk LLC as Claims and Noticing Agent for the Debtor, Debtors' Motion for Order Authorizing the Debtors to: (I) Prepare Consolidated List of Creditors in Lieu of Mailing Matrix; (II) File Consolidated List of 20 Largest Unsecured Creditors; and (III) Mail Notices to Creditors, Debtors' Motion for an Order Granting an Extension of Time to File: (I) Statement of Financial Affairs and Schedules of Assets and Liabilities; (II) Schedule of Current Income and Expenditures; and (III) Statements of Executory Contracts and Unexpired Leases, Debtors' Motion for Interim and Final Orders Authorizing: (I) Continued Maintenance of Existing Bank Accounts; (II) Continued Use of Existing Business Forms; (III) Continued Use of Existing Cash Management System; and (IV) Waiver of Certain Guidelines Relating to Bank Accounts, Debtors' Motion for an Order Confirming the Protections of Sections 362 and 365 of the Bankruptcy Code, and Debtors' Motion for the Entry of an Order Authorizing the Debtors to Honor Certain Prepetition Obligations to Rental Program Participants and Otherwise Continue the Rental Program and Certain Practices with Canyon Ranch in the Ordinary Course of Business (related document(s)9, 5, 2, 7, 11, 10, 3, 8, 6, 13) filed by Prime Clerk LLC.(Steele, Benjamin) (Entered: 06/02/2014)
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Jun 2, 2014 17 Declaration /Supplemental Declaration of Michael J. Frishberg in Further Support of Debtors' Application for Appointment of Prime Clerk LLC as Claims and Noticing Agent (related document(s)6) filed by Frank A. Oswald on behalf of FL 6801 Spirits LLC. (Oswald, Frank) (Entered: 06/02/2014)
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