FOSTER v. DIRECT CAPITAL CORPORATION et al

Adversary Proceeding
Lead BK case is: 2:15-bk-60979

Montana Bankruptcy Court
Chapter 11
Judge:Terry L Myers
Case #: 2:17-ap-00071
Nature of Suit2 Bankruptcy - Other
91 Bankruptcy - Declaratory judgment
12 Bankruptcy - Recovery of money/property - §547 preference
13 Bankruptcy - Recovery of money/property - §548 fraudulent transfer
14 Bankruptcy - Recovery of money/property - other
Case Filed:Oct 20, 2017
Terminated:May 23, 2019
Last checked: never
Defendant
DIRECT CAPITAL CORPORATION
CT Corporation System 9 Capital St.
Concord, NH 03301
Represented By
DIRECT CAPITAL CORPORATION
contact info
Defendant
JOHN DOES 1-10
Represented By
JOHN DOES 1-10
contact info
Plaintiff
JEREMIAH J FOSTER
RESOLUTE COMMERCIAL 7201 E CAMELBACK RD STE 250
SCOTTSDALE, AZ 85251
Represented By
ERIC RYAN HENKEL
Cotner Law PLLC
contact info
KYLE RYAN
Cotner Law PLLC
contact info
DAVID B COTNER
Cotner Law, PLLC
contact info
TRENT N BAKER
Datsopoulos, Macdonald & Lind
contact info


Docket last updated: 10 hours ago
Thursday, August 08, 2019
28 28 notice Notice of Withdrawal of Attorney Thu 08/08 4:28 PM
Notice of Withdrawal of Attorney Attorney TRENT N BAKER removed from the case. Filed by JEREMIAH J FOSTER. (BAKER, TRENT)
Related: [-]
Saturday, May 25, 2019
27 27 court BNC Certificate of Mailing - Order on Motion to Dismiss Proceedings Sat 05/25 10:50 PM
BNC Certificate of Mailing - Order on Motion to Dismiss Proceedings. Related [+]. No. of Notices: 1. Notice Date 05/25/2019. (Admin.)
Related: [-] (s)25 Order on Motion to Dismiss Adversary Proceeding
Friday, May 24, 2019
26 26 court BNC Certificate of Mailing - Order (Generic) Fri 05/24 10:50 PM
BNC Certificate of Mailing - Order. Related [+]. No. of Notices: 1. Notice Date 05/24/2019. (Admin.)
Related: [-] (s)23 Order (Generic)
Thursday, May 23, 2019
25 25 order Dismiss Adversary Proceeding Thu 05/23 2:08 PM
Order Granting Motion to Dismiss Adversary Proceeding, and this Adversary Proceeding is DISMISSED WITH PREJUDICE. Each side shall pay its own fees and costs. Related [+] Signed on 5/23/2019. (Mahoney, Patti)
Related: [-] 24
24 24 motion Motion to Dismiss Adversary Proceeding Thu 05/23 10:22 AM
Motion to Dismiss Adversary Proceeding Filed by JEREMIAH J FOSTER. (HENKEL, ERIC)
Related: [-]
court Close Adversary Case Thu 05/23 2:09 PM
Adversary Case 2:17-ap-71 Closed. (Mahoney, Patti)
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Wednesday, May 22, 2019
23 23 2 pgs order Order (Generic) Wed 05/22 4:04 PM
IT IS HEREBY ORDERED that Plaintiff shall have 7 days to file a statement as to why this adversary proceeding should not be dismissed based on the approved settlement. If nothing is filed in 7 days, the Court will dismiss the adversary proceeding with prejudice. Signed on 5/22/2019. (Mahoney, Patti)
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Wednesday, August 15, 2018
22 22 court BNC Certificate of Mailing - Order on Motion to Extend Time Wed 08/15 11:21 PM
BNC Certificate of Mailing - Order on Motion to Extend Time. Related [+]. No. of Notices: 1. Notice Date 08/15/2018. (Admin.)
Related: [-] (s)21 Order on Motion to Extend Time
Monday, August 13, 2018
21 21 order Extend Time Mon 08/13 3:55 PM
Order Granting Motion to Extend Time AND DEFENDANT, DIRECT CAPITAL CORPORATIONS, TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS COMPLAINT IS EXTENDED UP TO AND INCLUDING 10/30/18 Related [+] Signed on 8/13/2018. Document due by 10/30/2018.. (Mahoney, Patti)
Related: [-] 20 (s)18 Order on Motion to Extend Time
Tuesday, August 07, 2018
20 20 motion Extend Time Tue 08/07 5:33 PM
Agreed Motion to Extend Time to Respond to Plaintiff's Complaint Filed by JEREMIAH J FOSTER. (HENKEL, ERIC)
Related: [-]
Wednesday, June 20, 2018
19 19 court BNC Certificate of Mailing - Order on Motion to Extend Time Wed 06/20 10:54 PM
BNC Certificate of Mailing - Order on Motion to Extend Time. Related [+]. No. of Notices: 1. Notice Date 06/20/2018. (Admin.)
Related: [-] (s)18 Order on Motion to Extend Time
Monday, June 18, 2018
18 18 order Extend Time Mon 06/18 12:01 PM
Order Granting Motion to Extend Time Related [+] Signed on 6/18/2018. Document due by 8/17/2018. IT IS FURTHER ORDERED THAT ANY FUTURE STIPULATIONS FOR EXTENSIONS SHALL INCLUDE AN ADEQUATE EXPLANATION OF CAUSE OR THE STIPULATION WILL BE DENIED.. (Mahoney, Patti)
Related: [-] 17 (s)15 Order on Motion to Extend Time
utility Update Answer Deadline Mon 06/18 12:02 PM
DIRECT CAPITAL CORPORATION Answer Deadline Reset for 8/17/2018. (Mahoney, Patti)
Related: [-]
Tuesday, June 12, 2018
17 17 motion Extend Time Tue 06/12 5:31 PM
Agreed Motion to Extend Time to Respond to Plaintiff's Complaint Filed by JEREMIAH J FOSTER. (HENKEL, ERIC)
Related: [-]
Friday, April 13, 2018
16 16 court BNC Certificate of Mailing - Order on Motion to Extend Time Fri 04/13 10:50 PM
BNC Certificate of Mailing - Order on Motion to Extend Time. Related [+]. No. of Notices: 1. Notice Date 04/13/2018. (Admin.)
Related: [-] (s)15 Order on Motion to Extend Time
Wednesday, April 11, 2018
15 15 order Extend Time Wed 04/11 10:08 AM
Order Granting Motion to Extend Time TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS COMPLAINT Related [+] Signed on 4/11/2018. Document due by 6/18/2018. (Mahoney, Patti)
Related: [-] 14
utility Update Answer Deadline Wed 04/11 10:09 AM
DIRECT CAPITAL CORPORATION Answer Deadline Reset for 6/18/2018. (Mahoney, Patti)
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Tuesday, April 10, 2018
14 14 motion Extend Time Tue 04/10 11:42 AM
Agreed Motion to Extend Time Filed by JEREMIAH J FOSTER. (HENKEL, ERIC)
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Att: 1 Proposed Order
Thursday, April 05, 2018
13 13 notice Notice of Service of Discovery Thu 04/05 2:04 PM
Notice of Service of Discovery Filed by JEREMIAH J FOSTER. (HENKEL, ERIC)
Related: [-]
Wednesday, March 14, 2018
12 12 motion Extend Time Wed 03/14 8:58 AM
Agreed Motion to Extend Time Filed by JEREMIAH J FOSTER. (HENKEL, ERIC)
Related: [-]
Att: 1 Proposed Order
Friday, February 09, 2018
11 11 motion Extend Time Fri 02/09 9:15 AM
Agreed Motion to Extend Time Filed by JEREMIAH J FOSTER. (HENKEL, ERIC)
Related: [-]
Att: 1 Proposed Order
Saturday, January 20, 2018
10 10 court BNC Certificate of Mailing - Order on Stipulation Sat 01/20 10:53 PM
BNC Certificate of Mailing - Order on Stipulation. Related [+]. No. of Notices: 1. Notice Date 01/20/2018. (Admin.)
Related: [-] (s)9 Order Approving Stipulation
Thursday, January 18, 2018
utility Update Answer Deadline Thu 01/18 7:06 AM
DIRECT CAPITAL CORPORATION Answer Deadline Reset for 2/15/2018. (Mahoney, Patti)
Related: [-]
Wednesday, January 17, 2018
9 9 order Approving Stipulation Thu 01/18 7:05 AM
Order Approving Stipulation By & Between PLAINTIFF AND DEFENDANT AND THE TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED UP TO AND INCLUDING 02/15/18 Signed on 1/17/2018 Related [+]. (Mahoney, Patti)
Related: [-] (s)8 Stipulation filed by Plaintiff JEREMIAH J FOSTER
Friday, January 12, 2018
8 8 misc Stipulation Fri 01/12 2:38 PM
Stipulation By JEREMIAH J FOSTER and Direct Capital Corporation Filed by JEREMIAH J FOSTER. (HENKEL, ERIC)
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Thursday, December 14, 2017
utility Update Answer Deadline Thu 12/14 9:09 AM
DIRECT CAPITAL CORPORATION Answer Deadline Reset for 1/16/2018. (Mahoney, Patti)
Related: [-]
Thursday, November 23, 2017
7 7 court BNC Certificate of Mailing - Notice to File Proof of Service Thu 11/23 11:00 PM
BNC Certificate of Mailing - Notice to File Proof of Service Related [+]. No. of Notices: 2. Notice Date 11/23/2017. (Admin.)
Related: [-] (s)6 Notice to File Appropriate Pleading or Case Will Be Referred to the Court for Dismissal
Tuesday, November 21, 2017
6 6 court Notice to File Appropriate Pleading or Case Will Be Referred to the Court for Dismissal Tue 11/21 12:16 PM
Notice to File Appropriate Pleading or Case Will Be Referred to the Court for Dismissal Related [+]. Response Due by 12/5/2017. (Cunningham, Pamela)
Related: [-] (s)1 Complaint filed by Plaintiff JEREMIAH J FOSTER
Wednesday, November 15, 2017
5 5 cmp Summons Service Executed Wed 11/15 10:04 AM
Summons Service Executed on DIRECT CAPITAL CORPORATION 11/14/2017 . (COTNER, DAVID)
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Tuesday, October 31, 2017
4 4 cmp Summons Service Executed Tue 10/31 10:56 AM
Summons Service Executed on DIRECT CAPITAL CORPORATION 10/31/2017 . (COTNER, DAVID)
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Friday, October 20, 2017
3 3 court Summons Issued Fri 10/20 10:29 AM
Summons Issued on DIRECT CAPITAL CORPORATION Date Issued 10/20/2017, Answer Due 11/20/2017; JOHN DOES 1-10 Date Issued 10/20/2017, Answer Due 11/20/2017. (Cunningham, Pamela)
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2 2 crditcrd none Fri 10/20 10:20 AM
Filing fee information: Receipt number 2311923 . Regarding the filing fee for Complaint 17-00071 TLM) [cmp,cmp] ( 350.00). Fee amount 350.00. Related [+] (U.S. Treasury)
Related: [-] Doc#1
1 1 cmp Complaint Fri 10/20 10:20 AM
Adversary case 17-00071 Complaint by DAVID B COTNER, ERIC RYAN HENKEL, TRENT N BAKER, KYLE RYAN on behalf of JEREMIAH J FOSTER against DIRECT CAPITAL CORPORATION, JOHN DOES 1-10. Fee Amount $350. (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (COTNER, DAVID)
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Att: 1 Exhibit Contracts
Att: 2 Cover Sheet
Att: 3 Summons