Texas Eastern Bankruptcy Court

Case number: 4:24-bk-40851 - Harvest Gold Silica Inc. - Texas Eastern Bankruptcy Court

Case Information
Case title
Harvest Gold Silica Inc.
Chapter
11
Judge
Brenda T. Rhoades
Filed
03/04/2024
Last Filing
05/20/2024
Asset
Yes
Vol
v
Docket Header

NatureDebt=Business




United States Bankruptcy Court
Eastern District of Texas (Sherman)
Bankruptcy Petition #: 24-40851

Assigned to: Chief Judge Brenda T. Rhoades
Chapter 11
Voluntary
Asset


Date filed:  03/04/2024
Date transferred:  04/12/2024
341 meeting:  05/17/2024
Deadline for filing claims:  07/02/2024
Deadline for filing claims (govt.):  09/03/2024

Debtor

Harvest Gold Silica Inc.

P.O. Box 639
Palmer, TX 75152
ELLIS-TX
Tax ID / EIN: 82-3382286

represented by
Joyce W. Lindauer

Joyce Lindauer, Attorney
1412 Main Street
Suite 500
Dallas, TX 75202
972-503-4033
Email: [email protected]

U.S. Trustee

United States Trustee

110 North College Avenue
Suite 300
Tyler, TX 75702-7231
represented by
Marcus Salitore

US Trustee Office
110 N. College Ave., Room 300
Tyler, TX 75702
903-590-1450
Email: [email protected]

Latest Dockets
Date Filed#Docket Text
04/24/2024Docket Text
Proposed Order or Judgment Submitted At Court's Direction RE: 33 Motion to Dismiss Chapter 11 Case by Trustee/US Trustee and Setting Hearing UPLOADED 2024-04-24 15:22 (Entered: 04/24/2024)
04/23/202482Docket Text
Exhibit and/or Witness List Filed by Robert Ballard, in his capacity as receiver
(RE: related document(s)8 Motion for relief from stay / Motion For Order That (I) The Automatic Stay Does Not Apply To The Pending Contempt Proceedings In The Arizona District Court; or Alternatively, (II) Granting Relief From The Automatic Stay To Proceed With Contempt Proceedings Scheduled For April 4, 2024 Fee amount $199, Filed by Interested Party Robert Ballard, in his capacity as receiver (Attachments: # 1 Exhibit 1 - Proposed Order # 2 Exhibit 2 - Ballard Declaration # 3 Certificate of Service) (Green, Trinitee) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 17 Motion For An Order (I) Excusing Federal Court Appointed Receiver From Compliance With Turnover Provisions Of 11 U.S.C. § 543, (II) Authorizing The Receiver To Remain In Possession Pursuant To 11 U.S.C. § 543(d)(1), And (III) Granting Related Relief Filed by Interested Party Robert Ballard, in his capacity as receiver (Nunns, Tracy) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 33 Motion to dismiss case with prejudice to refiling for one year Filed by United States Trustee (Schmidt, Erin) Modified on 3/25/2024 (Dozier, Bryan). [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 34 Motion to appoint trustee Filed by U.S. Trustee United States Trustee (Schmidt, Erin) [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee).
(Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8 # 9 Exhibit 9 # 10 Exhibit 10 # 11 Exhibit 11 # 12 Exhibit 12 # 13 Exhibit 13 # 14 Exhibit 14 # 15 Exhibit 15 # 16 Exhibit 16 # 17 Exhibit 17 # 18 Exhibit 18 # 19 Exhibit 19 # 20 Exhibit 20 # 21 Exhibit 21 # 22 Exhibit 22 # 23 Exhibit 23 # 24 Exhibit 24 # 25 Exhibit 25 # 26 Exhibit 26 # 27 Exhibit 27 # 28 Exhibit 28 # 29 Exhibit 29 # 30 Exhibit 30 # 31 Exhibit 31 # 32 Exhibit 32 # 33 Exhibit 33 # 34 Exhibit 34 # 35 Exhibit 35 # 36 Exhibit 36 # 37 Exhibit 37 # 38 Exhibit 38 # 39 Exhibit 39 # 40 Exhibit 40 # 41 Exhibit 41 # 42 Exhibit 42 # 43 Exhibit 43 # 44 Exhibit 44 # 45 Exhibit 45 # 46 Exhibit 46 # 47 Exhibit 49 # 48 Exhibit 50 # 49 Exhibit 52 # 50 Exhibit 53 # 51 Exhibit 54 # 52 Exhibit 55 # 53 Exhibit 56 # 54 Exhibit 57 # 55 Exhibit 58 # 56 Exhibit 59 # 57 Exhibit 60 # 58 Exhibit 61 # 59 Exhibit 62 # 60 Exhibit 63 # 61 Exhibit 64 # 62 Exhibit 65 # 63 Exhibit 66 # 64 Exhibit 67 # 65 Exhibit 68 # 66 Exhibit 69 # 67 Exhibit 70 # 68 Exhibit 71 # 69 Exhibit 72 # 70 Exhibit 73 # 71 Exhibit 74 # 72 Exhibit 75 # 73 Exhibit 76 # 74 Exhibit 77 # 75 Exhibit 78 # 76 Exhibit 79 # 77 Exhibit 80) (Green, Trinitee) (Entered: 04/23/2024)
04/22/202481Docket Text
Chapter 11 Monthly Operating Report for the Month Ending: 03/31/2024 Filed by Harvest Gold Silica Inc. (Attachments: # 1 Exhibits) (Lindauer, Joyce) (Entered: 04/22/2024)
04/22/202480Docket Text
Certificate of Notice /Supplement to Debtor's Amended Witness and Exhibit List Filed By Joyce W. Lindauer Filed by on behalf of Harvest Gold Silica Inc.
(RE: related document(s)76 Amended Exhibit and/or Witness List Filed by Harvest Gold Silica Inc.
(RE: related document(s)8 Motion for relief from stay / Motion For Order That (I) The Automatic Stay Does Not Apply To The Pending Contempt Proceedings In The Arizona District Court; or Alternatively, (II) Granting Relief From The Automatic Stay To Proceed With Contempt Proceedings Scheduled For April 4, 2024 Fee amount $199, Filed by Interested Party Robert Ballard, in his capacity as receiver (Attachments: # 1 Exhibit 1 - Proposed Order # 2 Exhibit 2 - Ballard Declaration # 3 Certificate of Service) (Green, Trinitee) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 17 Motion For An Order (I) Excusing Federal Court Appointed Receiver From Compliance With Turnover Provisions Of 11 U.S.C. § 543, (II) Authorizing The Receiver To Remain In Possession Pursuant To 11 U.S.C. § 543(d)(1), And (III) Granting Related Relief Filed by Interested Party Robert Ballard, in his capacity as receiver (Nunns, Tracy) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 27 Application to employ Joyce W. Lindauer Attorney, PLLC as Attorney Filed by Debtor Harvest Gold Silica Inc. (Attachments: # 1 Proposed Order) (Lindauer, Joyce) [Transferred from Texas Northern on 4/12/2024.] filed by Debtor Harvest Gold Silica Inc., 33 Motion to dismiss case with prejudice to refiling for one year Filed by United States Trustee (Schmidt, Erin) Modified on 3/25/2024 (Dozier, Bryan). [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 34 Motion to appoint trustee Filed by U.S. Trustee United States Trustee (Schmidt, Erin) [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 38 Joinder by / Joinder in Support of Motion For An Order (I) Excusing Federal Court Appointed Receiver From Compliance With Turnover Provisions Of 11 U.S.C. § 543, (II) Authorizing The Receiver To Remain In Possession Pursuant To 11 U.S.C. § 543(d)(1), And (III) Granting Relief filed by Creditor UMB Bank, N.A., as indenture trustee (RE: related document(s)17 Motion for leave). (Elrod, John) [Transferred from Texas Northern on 4/12/2024.] filed by Creditor UMB Bank, N.A., as indenture trustee).
(Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Exhibit G # 8 Exhibit H # 9 Exhibit I # 10 Exhibit J # 11 Exhibit K # 12 Exhibit L # 13 Exhibit M # 14 Exhibit N # 15 Exhibit O # 16 Exhibit P # 17 Exhibit Q # 18 Exhibit R # 19 Exhibit S # 20 Exhibit T # 21 Exhibit U # 22 Exhibit V # 23 Exhibit W # 24 Exhibit X # 25 Exhibit Y # 26 Exhibit Z # 27 Exhibit AA # 28 Exhibit BB # 29 Exhibit CC # 30 Exhibit DD # 31 Exhibit EE # 32 Exhibit FF # 33 Exhibit GG) filed by Debtor Harvest Gold Silica Inc.).
(Attachments: # 1 Exhibit HH # 2 Exhibit II) (Lindauer, Joyce) (Entered: 04/22/2024)
04/22/202479Docket Text
Exhibit and/or Witness List Filed by Robert Ballard, in his capacity as receiver
(RE: related document(s)8 Motion for relief from stay / Motion For Order That (I) The Automatic Stay Does Not Apply To The Pending Contempt Proceedings In The Arizona District Court; or Alternatively, (II) Granting Relief From The Automatic Stay To Proceed With Contempt Proceedings Scheduled For April 4, 2024 Fee amount $199, Filed by Interested Party Robert Ballard, in his capacity as receiver (Attachments: # 1 Exhibit 1 - Proposed Order # 2 Exhibit 2 - Ballard Declaration # 3 Certificate of Service) (Green, Trinitee) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 17 Motion For An Order (I) Excusing Federal Court Appointed Receiver From Compliance With Turnover Provisions Of 11 U.S.C. § 543, (II) Authorizing The Receiver To Remain In Possession Pursuant To 11 U.S.C. § 543(d)(1), And (III) Granting Related Relief Filed by Interested Party Robert Ballard, in his capacity as receiver (Nunns, Tracy) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 33 Motion to dismiss case with prejudice to refiling for one year Filed by United States Trustee (Schmidt, Erin) Modified on 3/25/2024 (Dozier, Bryan). [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 34 Motion to appoint trustee Filed by U.S. Trustee United States Trustee (Schmidt, Erin) [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee).
(Attachments: # 1 Part 2) (Green, Trinitee) (Entered: 04/22/2024)
04/22/202478Docket Text
Exhibit and/or Witness List Filed by United States Trustee
(RE: related document(s)33 Motion to dismiss case with prejudice to refiling for one year Filed by United States Trustee (Schmidt, Erin) Modified on 3/25/2024 (Dozier, Bryan). [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 34 Motion to appoint trustee Filed by U.S. Trustee United States Trustee (Schmidt, Erin) [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee).
(Salitore, Marcus) (Entered: 04/22/2024)
04/22/202477Docket Text
Certificate of Notice /Amended Exhibit R Filed By Joyce W. Lindauer Filed by on behalf of Harvest Gold Silica Inc.
(RE: related document(s)76 Amended Exhibit and/or Witness List Filed by Harvest Gold Silica Inc.
(RE: related document(s)8 Motion for relief from stay / Motion For Order That (I) The Automatic Stay Does Not Apply To The Pending Contempt Proceedings In The Arizona District Court; or Alternatively, (II) Granting Relief From The Automatic Stay To Proceed With Contempt Proceedings Scheduled For April 4, 2024 Fee amount $199, Filed by Interested Party Robert Ballard, in his capacity as receiver (Attachments: # 1 Exhibit 1 - Proposed Order # 2 Exhibit 2 - Ballard Declaration # 3 Certificate of Service) (Green, Trinitee) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 17 Motion For An Order (I) Excusing Federal Court Appointed Receiver From Compliance With Turnover Provisions Of 11 U.S.C. § 543, (II) Authorizing The Receiver To Remain In Possession Pursuant To 11 U.S.C. § 543(d)(1), And (III) Granting Related Relief Filed by Interested Party Robert Ballard, in his capacity as receiver (Nunns, Tracy) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 27 Application to employ Joyce W. Lindauer Attorney, PLLC as Attorney Filed by Debtor Harvest Gold Silica Inc. (Attachments: # 1 Proposed Order) (Lindauer, Joyce) [Transferred from Texas Northern on 4/12/2024.] filed by Debtor Harvest Gold Silica Inc., 33 Motion to dismiss case with prejudice to refiling for one year Filed by United States Trustee (Schmidt, Erin) Modified on 3/25/2024 (Dozier, Bryan). [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 34 Motion to appoint trustee Filed by U.S. Trustee United States Trustee (Schmidt, Erin) [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 38 Joinder by / Joinder in Support of Motion For An Order (I) Excusing Federal Court Appointed Receiver From Compliance With Turnover Provisions Of 11 U.S.C. § 543, (II) Authorizing The Receiver To Remain In Possession Pursuant To 11 U.S.C. § 543(d)(1), And (III) Granting Relief filed by Creditor UMB Bank, N.A., as indenture trustee (RE: related document(s)17 Motion for leave). (Elrod, John) [Transferred from Texas Northern on 4/12/2024.] filed by Creditor UMB Bank, N.A., as indenture trustee).
(Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Exhibit G # 8 Exhibit H # 9 Exhibit I # 10 Exhibit J # 11 Exhibit K # 12 Exhibit L # 13 Exhibit M # 14 Exhibit N # 15 Exhibit O # 16 Exhibit P # 17 Exhibit Q # 18 Exhibit R # 19 Exhibit S # 20 Exhibit T # 21 Exhibit U # 22 Exhibit V # 23 Exhibit W # 24 Exhibit X # 25 Exhibit Y # 26 Exhibit Z # 27 Exhibit AA # 28 Exhibit BB # 29 Exhibit CC # 30 Exhibit DD # 31 Exhibit EE # 32 Exhibit FF # 33 Exhibit GG) filed by Debtor Harvest Gold Silica Inc.).
(Lindauer, Joyce) (Entered: 04/22/2024)
04/22/202476Docket Text
Amended Exhibit and/or Witness List Filed by Harvest Gold Silica Inc.
(RE: related document(s)8 Motion for relief from stay / Motion For Order That (I) The Automatic Stay Does Not Apply To The Pending Contempt Proceedings In The Arizona District Court; or Alternatively, (II) Granting Relief From The Automatic Stay To Proceed With Contempt Proceedings Scheduled For April 4, 2024 Fee amount $199, Filed by Interested Party Robert Ballard, in his capacity as receiver (Attachments: # 1 Exhibit 1 - Proposed Order # 2 Exhibit 2 - Ballard Declaration # 3 Certificate of Service) (Green, Trinitee) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 17 Motion For An Order (I) Excusing Federal Court Appointed Receiver From Compliance With Turnover Provisions Of 11 U.S.C. § 543, (II) Authorizing The Receiver To Remain In Possession Pursuant To 11 U.S.C. § 543(d)(1), And (III) Granting Related Relief Filed by Interested Party Robert Ballard, in his capacity as receiver (Nunns, Tracy) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 27 Application to employ Joyce W. Lindauer Attorney, PLLC as Attorney Filed by Debtor Harvest Gold Silica Inc. (Attachments: # 1 Proposed Order) (Lindauer, Joyce) [Transferred from Texas Northern on 4/12/2024.] filed by Debtor Harvest Gold Silica Inc., 33 Motion to dismiss case with prejudice to refiling for one year Filed by United States Trustee (Schmidt, Erin) Modified on 3/25/2024 (Dozier, Bryan). [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 34 Motion to appoint trustee Filed by U.S. Trustee United States Trustee (Schmidt, Erin) [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 38 Joinder by / Joinder in Support of Motion For An Order (I) Excusing Federal Court Appointed Receiver From Compliance With Turnover Provisions Of 11 U.S.C. § 543, (II) Authorizing The Receiver To Remain In Possession Pursuant To 11 U.S.C. § 543(d)(1), And (III) Granting Relief filed by Creditor UMB Bank, N.A., as indenture trustee (RE: related document(s)17 Motion for leave). (Elrod, John) [Transferred from Texas Northern on 4/12/2024.] filed by Creditor UMB Bank, N.A., as indenture trustee).
(Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Exhibit G # 8 Exhibit H # 9 Exhibit I # 10 Exhibit J # 11 Exhibit K # 12 Exhibit L # 13 Exhibit M # 14 Exhibit N # 15 Exhibit O # 16 Exhibit P # 17 Exhibit Q # 18 Exhibit R # 19 Exhibit S # 20 Exhibit T # 21 Exhibit U # 22 Exhibit V # 23 Exhibit W # 24 Exhibit X # 25 Exhibit Y # 26 Exhibit Z # 27 Exhibit AA # 28 Exhibit BB # 29 Exhibit CC # 30 Exhibit DD # 31 Exhibit EE # 32 Exhibit FF # 33 Exhibit GG) (Lindauer, Joyce) (Entered: 04/22/2024)
04/22/2024Docket Text
Hearing Reset to be Telephonic
(RE: related document(s)8 Motion for relief from stay / Motion For Order That (I) The Automatic Stay Does Not Apply To The Pending Contempt Proceedings In The Arizona District Court; or Alternatively, (II) Granting Relief From The Automatic Stay To Proceed With Contempt Proceedings Scheduled For April 4, 2024 Fee amount $199, Filed by Interested Party Robert Ballard, in his capacity as receiver (Attachments: # 1 Exhibit 1 - Proposed Order # 2 Exhibit 2 - Ballard Declaration # 3 Certificate of Service) (Green, Trinitee) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 17 Motion For An Order (I) Excusing Federal Court Appointed Receiver From Compliance With Turnover Provisions Of 11 U.S.C. § 543, (II) Authorizing The Receiver To Remain In Possession Pursuant To 11 U.S.C. § 543(d)(1), And (III) Granting Related Relief Filed by Interested Party Robert Ballard, in his capacity as receiver (Nunns, Tracy) [Transferred from Texas Northern on 4/12/2024.] filed by Interested Party Robert Ballard, in his capacity as receiver, 27 Application to employ Joyce W. Lindauer Attorney, PLLC as Attorney Filed by Debtor Harvest Gold Silica Inc. (Attachments: # 1 Proposed Order) (Lindauer, Joyce) [Transferred from Texas Northern on 4/12/2024.] filed by Debtor Harvest Gold Silica Inc., 33 Motion to dismiss case with prejudice to refiling for one year Filed by United States Trustee (Schmidt, Erin) Modified on 3/25/2024 (Dozier, Bryan). [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 34 Motion to appoint trustee Filed by U.S. Trustee United States Trustee (Schmidt, Erin) [Transferred from Texas Northern on 4/12/2024.] filed by U.S. Trustee United States Trustee, 38 Joinder by / Joinder in Support of Motion For An Order (I) Excusing Federal Court Appointed Receiver From Compliance With Turnover Provisions Of 11 U.S.C. § 543, (II) Authorizing The Receiver To Remain In Possession Pursuant To 11 U.S.C. § 543(d)(1), And (III) Granting Relief filed by Creditor UMB Bank, N.A., as indenture trustee (RE: related document(s)17 Motion for leave). (Elrod, John) [Transferred from Texas Northern on 4/12/2024.] filed by Creditor UMB Bank, N.A., as indenture trustee).
Hearing scheduled for 4/23/2024 at 01:30 PM at TELEPHONIC HEARING LOCATION. (kc) (Entered: 04/22/2024)
04/19/202475Docket Text
Declaration for Electronic Filing. Filing of this declaration constitutes a certification by the debtors attorney that: (1) the attorney is in possession of, at a minimum, an electronic or facsimile transmission version of the signed declaration; (2) the attorney has instructed the debtor to forward the originally signed declaration [i.e., with a wet signature] promptly to the attorney; and (3) the attorney will maintain the originally signed declaration for at least one year after final disposition of the case. Filed by Harvest Gold Silica Inc.
(RE: related document(s)74 Amended Statement of Financial Affairs Filed by Harvest Gold Silica Inc. Document Due 04/26/2024. filed by Debtor Harvest Gold Silica Inc.).
(Lindauer, Joyce) (Entered: 04/19/2024)