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Assigned to: Judge Janet E. Bostwick Chapter 11 Voluntary Asset Debtor disposition: Dismissed for Other Reason |
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Debtor 43 Harrison Avenue LLC
225 Prospect Street Hingham, MA 02043 Tax ID / EIN: 85-0508144 aka Harrison Five Realty Trust |
represented by |
Peter M. Daigle
The Law Office of Peter M. Daigle, P. C. 1550 Falmouth Road Suite 10 Centerville, MA 02632 (508) 771-7444 Fax : 508-771-8286 Email: [email protected] |
Assistant U.S. Trustee John Fitzgerald
Office of the US Trustee J.W. McCormack Post Office & Courthouse 5 Post Office Sq., 10th Fl, Suite 1000 Boston, MA 02109 |
represented by |
Paula R.C. Bachtell
U.S. Department of Justice Office of the United States Trustee John W. McCormack Post Office and Courth 5 Post Office Square, Suite 1000 Boston, MA 02109-3934 (617) 788-0406 Fax : (617) 565-6368 Email: [email protected] |
Date Filed | # | Docket Text |
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01/11/2022 | Docket Text Bankruptcy Case Closed. (clm, USBC) (Entered: 01/11/2022) | |
01/05/2022 | 65 | Docket Text BNC Certificate of Mailing - Notice (Re: 64 Notice of Dismissal) Notice Date 01/05/2022. (Admin.) (Entered: 01/06/2022) |
01/03/2022 | 64 | Docket Text Notice of Voluntary Dismissal. (clm, USBC) (Entered: 01/03/2022) |
12/17/2021 | 63 | Docket Text Order dated 12/17/2021 (Re: 59 Voluntary Motion filed by Debtor 43 Harrison Avenue LLC to Dismiss Case). HAVING REVIEWED THE MOTION, GOOD CAUSE BEING SHOWN AND NO OBJECTIONS HAVING BEEN FILED, THE MOTION IS GRANTED AND THE CASE IS DISMISSED. THE DEBTOR SHALL FILE ALL MONTHLY OPERATING REPORTS AND PAY ANY FEES DUE TO THE UNITED STATES TRUSTEE THROUGH THE DATE OF THIS ORDER. THE HEARING SCHEDULED FOR DECEMBER 21, 2021, IS CANCELED. |
11/23/2021 | 62 | Docket Text Certificate of Service of Notice of Hearing (Re: 61 Hearing Scheduled) filed by Debtor 43 Harrison Avenue LLC (Attachments: # 1 Notice of Hearing) (Daigle, Peter) (Entered: 11/23/2021) |
11/23/2021 | 61 | Docket Text Telephonic Hearing Scheduled for 12/21/2021 at 10:15 AM RE: 59 Voluntary Motion filed by Debtor 43 Harrison Avenue LLC to Dismiss Case. Objections due by 12/14/2021 at 04:30 PM. *For reasons of public health and safety, all participants and anyone else wishing to attend the hearing must do so by telephone and not in person. To appear telephonically, attendees must, no later than five minutes prior to the scheduled hearing time, dial 1-877-336-1839 and enter Access Code 1378281#. (rmb, USBC) (Entered: 11/23/2021) |
11/22/2021 | 60 | Docket Text Chapter 11 Monthly Operating Report for the Month Ending: 10/31/2021 filed by Debtor 43 Harrison Avenue LLC (Daigle, Peter) (Entered: 11/22/2021) |
11/19/2021 | 59 | Docket Text Voluntary Motion filed by Debtor 43 Harrison Avenue LLC to Dismiss Case with certificate of service. (Daigle, Peter) (Entered: 11/19/2021) |
11/02/2021 | 58 | Docket Text Order dated 11/2/2021 (Re: 6 Motion filed by Creditor Hingham Institution for Savings for Relief from Stay Re: 43 Harrison Ave, Abington, MA). THIS MATTER CAME BEFORE ME ON THE MOTION FOR RELIEF FROM STAY [#6] (THE "MOTION") OF HINGHAM INSTITUTION FOR SAVINGS (THE "MOVANT"). DUE NOTICE WAS GIVEN AND THE DEBTOR FILED RESPONSE OPPOSING THE RELIEF REQUESTED. THE COURT HELD HEARINGS ON THE MOTION ON AUGUST 24, 2021, SEPTEMBER 28, 2021, AND NOVEMBER 2, 2021. HAVING REVIEWED THE MOTION WHICH STATES GOOD CAUSE FOR RELIEF FROM STAY UNDER 11 U.S.C. § 362(D), THE DEBTOR'S RESPONSE, AND THE ARGUMENTS OF COUNSEL AT THE HEARINGS, THE MOTION IS GRANTED . IT IS ORDERED THAT 1. THE MOVANT, INCLUDING ITS SUCCESSORS AND ASSIGNS, IS GRANTED RELIEF FROM THE AUTOMATIC STAY PROVISIONS OF 11 U.S.C. § 362 TO ALLOW IT TO EXERCISE ITS RIGHTS UNDER ITS MORTGAGE TO CONDUCT A FORECLOSURE SALE WITH RESPECT TO THE PROPERTY LOCATED AT 43 HARRISON AVENUE, ABINGTON, MA (THE "PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN THE MOTION, AND APPLY THE PROCEEDS FROM ANY SALE OF THE PROPERTY TO THE DEBTOR'S LOAN BALANCE SECURED BY SUCH MORTGAGE OR ACCEPT A DEED IN LIEU OF FORECLOSURE ON THE PROPERTY AND, IF NECESSARY, BRING EVICTION PROCEEDINGS AGAINST THE DEBTOR, ALL IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW. 2. THE MOVANT SHALL PROVIDE THE DEBTOR WITH AN ACCOUNTING REGARDING THE SALE WITHIN 30 DAYS OF THE SALE AND ALL SURPLUS FUNDS AFTER SATISFACTION OF MOVANT'S MORTGAGE, IF ANY, OBTAINED BY THE MOVANT SHALL BE HELD BY THE MOVANT PENDING FURTHER ORDER OF THE COURT. 3. IN ACCORDANCE WITH FED. R. BANKR. P. 4001(A)(3), THIS ORDER IS STAYED THROUGH AND INCLUDING NOVEMBER 16, 2021 . (clm, USBC) (Entered: 11/02/2021) |
11/02/2021 | 57 | Docket Text Order dated 11/2/2021 (Re: 6 Motion filed by Creditor Hingham Institution for Savings for Relief from Stay Re: 43 Harrison Ave Abington, MA). |