Nebraska Bankruptcy Court

Case number: 8:24-bk-80513 - Foundation Fitness, LLC and Foundation Fitness Products, LLC - Nebraska Bankruptcy Court

Case Information
Case title
Foundation Fitness, LLC and Foundation Fitness Products, LLC
Chapter
11
Judge
Thomas L. Saladino
Filed
06/22/2024
Last Filing
08/08/2024
Asset
Yes
Vol
v
Docket Header

LEAD, JNTADMN, PlnDue, DsclsDue




U.S. Bankruptcy Court
District of Nebraska (Omaha Office)
Bankruptcy Petition #: 24-80513-TLS

Assigned to: Chief Judge Thomas L. Saladino
Chapter 11
Voluntary
Asset


Date filed:  06/22/2024
341 meeting:  07/30/2024
Deadline for filing claims:  08/31/2024
Deadline for objecting to discharge:  09/28/2024

Debtor

Foundation Fitness, LLC

c/o Robert Preston, Registered Agent
707 SW Washington Street
Portland, OR 97205
BOULDER-CO
Tax ID / EIN: 27-1639615
dba
Foundation Fitness Distribution Operating Division


represented by
Patrick Patino

Patino Law Office LLC
1901 Howard Street
Suite 311
Omaha, NE 68132
402-401-4050
Email: [email protected]

Jointly Administered Debtor

Stages Cycling, LLC

c/o Robert Preston, Registered Agent
707 SW Washington Street
Portland, OR 97205
Tax ID / EIN: 92-3047025

represented by
Patrick Patino

(See above for address)

Jointly Administered Debtor

Stages Indoor Home Cycling, LLC

c/o Robert Preston, Registered Agent
707 SW Washington Street
Portland, OR 97205
Tax ID / EIN: 84-1798058

represented by
Patrick Patino

(See above for address)

Jointly Administered Debtor

Stages Ride, LLC

c/o Robert Preston, Registered Agent
707 SW Washington Street
Portland, OR 97205
Tax ID / EIN: 82-4506562

represented by
Patrick Patino

(See above for address)

Jointly Administered Debtor

Stages Indoor Cycling, LLC

c/o Robert Preston, Registered Agent
707 SW Washington Street
Portland, OR 97205
Tax ID / EIN: 82-0645342

represented by
Patrick Patino

(See above for address)

Jointly Administered Debtor

Foundation Fitness Products, LLC

c/o Robert Preston, Registered Agent
707 SW Washington Street
Portland, OR 97205
Tax ID / EIN: 27-1639615

represented by
Patrick Patino

(See above for address)

U.S. Trustee

Jerry L. Jensen

Acting United States Trustee
Roman L. Hruska U.S. Trustee
111 S. 18th Plaza, Suite 1148
Omaha, NE 68102
402-221-4300

represented by
Amy Blackburn

DOJ-Ust
Roman L. Hruska U.S. Courthouse
111 S. 18th Plaza
Ste 1148
Omaha, NE 68102
402-221-4300
Fax : 402-221-4383
Email: [email protected]

Creditor Committee

Official Committee of Unsecured Creditors
represented by
Richard P. Garden, Jr.

Cline, Williams, Wright, Johnson
233 South 13th Street
1900 U.S. Bank Building
Lincoln, NE 68508
(402) 474-6900
Fax : (402) 474-5393
Email: [email protected]

Jeffery Phillips

Murphy Desmond S.C.
33 E Main St
Suite 500
53703
Madison, WI 53703
608-268-5568
Email: [email protected]

Michael J. Whaley

Cline Williams Law Firm
12910 Pierce Street
Suite 200
Omaha, NE 68144
402-397-1700
Email: [email protected]

Latest Dockets
Date Filed#Docket Text
07/19/202475Docket Text
Notice of Appearance and Request for Notice Filed by Michael J. Whaley on behalf of Official Committee of Unsecured Creditors. (Whaley, Michael) (Entered: 07/19/2024)
07/19/202474Docket Text
Order Granting Application to Employ Jeffery Phillips and the Law Firm of Murphy Desmond S.C. and Richard Garden and Michael Whaley and the Law Firm of Cline Williams Wright Johnson & Oldfather, L.L.P. as Attorneys for Official Committee of Unsecured Creditors (Related Doc # 71). The application to employ is approved subject to the following: This order is not a determination that the services are necessary, and this order does not allow fees. The person or entity employed under this order must file a fee application in accordance with the Bankruptcy Code and Federal Rules of Bankruptcy Procedures. See Fed. R. Bank. P. 2016, 2017 and 11 U.S.C. 329, 330. Applicant must also comply with Neb. R. Bankr. P. 2016. The allowance of fees is subject to objection and to applicable laws governing allowance of fees. The movant must serve notice of this order on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. ORDERED by Judge Thomas L. Saladino. (Text Only Order) (jea) (Entered: 07/19/2024)
07/19/202473Docket Text
Order Granting Application to Employ Patrick M. Patino as Debtor's Attorney (Related Doc # 22). The application to employ is approved subject to the following: This order is not a determination that the services are necessary, and this order does not allow fees. The person or entity employed under this order must file a fee application in accordance with the Bankruptcy Code and Federal Rules of Bankruptcy Procedures. See Fed. R. Bank. P. 2016, 2017 and 11 U.S.C. 329, 330. Applicant must also comply with Neb. R. Bankr. P. 2016. The allowance of fees is subject to objection and to applicable laws governing allowance of fees. The movant must serve notice of this order on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. ORDERED by Judge Thomas L. Saladino. (Text Only Order) (jea) (Entered: 07/19/2024)
07/18/202472Docket Text
Certificate of Service Filed by Jointly Administered Debtors Foundation Fitness Products, LLC, Stages Cycling, LLC, Stages Indoor Cycling, LLC, Stages Indoor Home Cycling, LLC, Stages Ride, LLC, Debtor Foundation Fitness, LLC (RE: related document(s)4 Motion for Joint Administration filed by Debtor Foundation Fitness, LLC, 5 Order on Motion For Joint Administration, 6 Motion to Expedite Hearing filed by Debtor Foundation Fitness, LLC, Motion to Shorten Time, 7 Generic Motion filed by Debtor Foundation Fitness, LLC, 8 Motion for Continuation of Utility Service filed by Debtor Foundation Fitness, LLC, 9 Generic Motion filed by Debtor Foundation Fitness, LLC, 10 Generic Motion filed by Debtor Foundation Fitness, LLC, 11 Generic Motion filed by Debtor Foundation Fitness, LLC, 12 Generic Motion filed by Debtor Foundation Fitness, LLC, 17 Order on Motion to Expedite Hearing, Order on Motion to Shorten Time, 24 Motion to Shorten Time filed by Debtor Foundation Fitness, LLC, 25 Generic Order, 26 Generic Order, 27 Generic Order, 28 Order on Motion for Continuation of Utility Service, Generic Order, Generic Order, 31 Order on Motion to Shorten Time, 32 Generic Motion filed by Debtor Foundation Fitness, LLC, 33 Motion to Approve Procedure for Interim Compensation filed by Debtor Foundation Fitness, LLC, Jointly Administered Debtor Stages Cycling, LLC, Jointly Administered Debtor Stages Indoor Home Cycling, LLC, Jointly Administered Debtor Stages Ride, LLC, Jointly Administered Debtor Stages Indoor Cycling, LLC, Jointly Administered Debtor Foundation Fitness Products, LLC, 37 Administrative Order, 38 Administrative Order, 39 Administrative Order, 40 Administrative Order, 41 Motion to Extend Time filed by Debtor Foundation Fitness, LLC, Jointly Administered Debtor Stages Cycling, LLC, Jointly Administered Debtor Stages Indoor Home Cycling, LLC, Jointly Administered Debtor Stages Ride, LLC, Jointly Administered Debtor Stages Indoor Cycling, LLC, Jointly Administered Debtor Foundation Fitness Products, LLC, 42 Order on Motion to Extend Time, 64 Order on Motion to Extend Time, Order on Motion to Continue/Reschedule Hearing, 65 Administrative Order Text Only, 66 Order on Application to Employ, 67 Hearing (Bk) Cont, 68 Hearing (Bk)) (Patino, Patrick) (Entered: 07/18/2024)
07/18/202471Docket Text
Application to Employ Jeffery Phillips as Attorney Filed by Creditor Committee Official Committee of Unsecured Creditors (Phillips, Jeffery) Modified on 7/19/2024 (jea). (Entered: 07/18/2024)
07/16/202470Docket Text
Notice of Rule 2004 Examination Filed by Creditor POWERbahn (Attachments: # 1 Subpoena) (McMullen, Austin) (Entered: 07/16/2024)
07/16/202469Docket Text
Notice of Rule 2004 Examination Filed by Creditor POWERbahn (McMullen, Austin) (Entered: 07/16/2024)
07/15/202468Docket Text
Hearing Set On (RE: related document(s)48 Application to Employ William Hergenhan Nunc Pro Tunc filed by Debtor Foundation Fitness, LLC, Jointly Administered Debtor Stages Cycling, LLC, Jointly Administered Debtor Stages Indoor Home Cycling, LLC, Jointly Administered Debtor Stages Ride, LLC, Jointly Administered Debtor Stages Indoor Cycling, LLC, Jointly Administered Debtor Foundation Fitness Products, LLC, 54 Objection filed by Creditor POWERbahn, 60 Objection filed by Creditor Official Committee of Unsecured Creditors). Hearing scheduled for 7/31/2024 at 01:00 PM at Omaha Courtroom-Telephonic Hearing. Evidence due by 7/26/2024. If you intend to participate in the hearing by telephone, you must call the AT&T Tele-Conference Center at least 5 minutes before the hearing is scheduled to begin. The court will not call you. The toll-free call-in number, access number, and participant security code may not be the same for every hearing. The required call-in information follows: toll-free call-in number: 1-888-684-8852; access code: 5799715; security code: 0804. Instructions for Telephonic Hearings can be found on the court's website: www.neb.uscourts.gov. The movant must serve this notice on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. (Text Only Entry) (mpm) (Entered: 07/15/2024)
07/15/202467Docket Text
The 7/15/2024 Hearing is Continued (8 Motion for Continuation of Utility Service and Approval of Adequate Assurance of Payment to Utility Company Under §366(b) Filed by Debtor Foundation Fitness, LLC,
AND
9 Motion for Entry of Interim and Final Orders Authorizing Debtors to (I) Continue Use of Existing Bank Accounts and Business Forms; and (II) Open New Debtor in Possession Accounts Filed by Debtor Foundation Fitness, LLC;
AND
12 Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to Obtain Postpetition Financing, (II) Authorizing the Debtors to Use Cash Collateral, (III) Granting Liens and Providing Superpriority Administrative Expense Status, (IV) Granting Adequate Protection to the Prepetition Lender, (V) Modifying the Automatic Stay, (VI) Scheduling a Final Hearing Filed by Debtor Foundation Fitness, LLC 58 Objection filed by Creditor Official Committee of Unsecured Creditors 61 Objection filed by Creditor POWERbahn
AND
32 Motion of the Debtors for Entry of Orders: (I)(A) Approving Bidding Procedures for the Sale of Stalking Horse Assets, (B) Authorizing the Debtors to Enter into Stalking Horse Agreement for Stalking Horse Assets and to Provide Bid Protections Thereunder, (C) Scheduling an Auction and Approving the Form and Manner of Notice Thereof, (D) Approving Assumption and Assignment Procedures and (E) Scheduling a Sale Hearing and Approving the Form and Manner of Notice Thereof; (II)(A) Approving the Sale of Assets Free and Clear of Liens, Claims, Interests and Encumbrances and (B) Approving the Assumption and Assignment of Executory Contracts and Unexpired Leases; and (III) Granting Related Relief Filed by Debtor Foundation Fitness, LLC 43 Objection filed by Creditor POWERbahn).

Hearing continued to 7/31/2024 at 01:00 PM at Omaha Courtroom-Telephonic Hearing. Objections to the Motion for Entry of Order Approving Bid Procedures are due by 7/22/2024. Evidence is due by 7/26/2024. If you intend to participate in the hearing by telephone, you must call the AT&T Tele-Conference Center at least 5 minutes before the hearing is scheduled to begin. The court will not call you. The toll-free call-in number: 1-888-684-8852; access code: 5799715; security code: 0804. The movant must serve this notice on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. (Text Only Entry) (mpm) (Entered: 07/15/2024)
07/15/202466Docket Text
Order Regarding Application to Employ William Hergenhan Nunc Pro Tunc (Related Doc. #48). Hearing held July 15, 2024. Patrick Patino appeared for Debtors. Patrick Turner and Austin McMullen appeared for POWERbahn. Rob Shortridge appeared for Union Bank & Trust. Emma MariaLuz Cervantes and Thomas Wearsch appeared for SPIA Cycling Inc., AIPS Technology Co. Ltd., Giant Manufacturing Co.. Richard Garden and Jeffery Phillips appeared for Official Committee of Unsecured Creditors. Amy Blackburn appeared for U. S. Trustee. For the reasons stated on the record, the application is set for hearing July 31, 2024 at 1:00pm. Separate hearing notice to be entered. The movant must serve notice of this order on all parties in interest affected by the motion or order who did not receive notice via the CM/ECF system, and if any parties were served, the movant must file a certificate of service. ORDERED by Judge Thomas L. Saladino. (Text Only Order) (mpm) (Entered: 07/15/2024)