Massachusetts Bankruptcy Court

Case number: 1:21-bk-11059 - 43 Harrison Avenue LLC - Massachusetts Bankruptcy Court

Case Information
Case title
43 Harrison Avenue LLC
Chapter
11
Judge
Janet E. Bostwick
Filed
07/22/2021
Last Filing
01/11/2022
Asset
Yes
Vol
v
Docket Header

NTCAPR, CredAdd, DISMISS, CLOSED




United States Bankruptcy Court
District of Massachusetts (Boston)
Bankruptcy Petition #: 21-11059

Assigned to: Judge Janet E. Bostwick
Chapter 11
Voluntary
Asset



Debtor disposition:  Dismissed for Other Reason
Date filed:  07/22/2021
Date terminated:  01/11/2022
Debtor dismissed:  12/17/2021
341 meeting:  08/26/2021

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]

Latest Dockets
Date Filed#Docket Text
01/11/2022Docket Text
Bankruptcy Case Closed. (clm, USBC) (Entered: 01/11/2022)
01/05/202265Docket Text
BNC Certificate of Mailing - Notice (Re: 64 Notice of Dismissal) Notice Date 01/05/2022. (Admin.) (Entered: 01/06/2022)
01/03/202264Docket Text
Notice of Voluntary Dismissal. (clm, USBC) (Entered: 01/03/2022)
12/17/202163Docket 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.
(clm, USBC) (Entered: 12/17/2021)
11/23/202162Docket 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)
11/23/202161Docket 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)
11/22/202160Docket 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)
11/19/202159Docket Text
Voluntary Motion filed by Debtor 43 Harrison Avenue LLC to Dismiss Case with certificate of service. (Daigle, Peter) (Entered: 11/19/2021)
11/02/202158Docket 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)
11/02/202157Docket 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).
HEARING HELD. FOR THE REASONS SET FORTH ON THE RECORD, THE MOTION WILL BE GRANTED BY SEPARATE ORDER. (clm, USBC) (Entered: 11/02/2021)