Delen Resources, LLC v. Callahan et al
Adversary Proceeding
Lead BK case is: 4:18-bk-40279
Lead BK case is: 4:18-bk-40279
| Kentucky Western Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Thomas H Fulton |
| Case #: | 4:18-ap-04023 |
| Nature of Suit | 21 Bankruptcy - Validity, priority or extent of lien or other interest in property 13 Bankruptcy - Recovery of money/property - §548 fraudulent transfer |
| Case Filed: | Jul 23, 2018 |
| Terminated: | Apr 02, 2020 |
| Last checked: never |
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Defendant
Stephen A. Callahan
241 Tall Pine Road
Crawford, NE 69339 |
Represented By
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Defendant
Cynthia Callahan
241 Tall Pine Road
Crawford, NE 69339 |
Represented By
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Defendant
James E. Thomas
15210 Vinola Place
Montverde, FL 34756 |
Represented By
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Defendant
Elizabeth C Thomas
15210 Vinola Place
Montverde, FL 34756 |
Represented By
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Plaintiff
Delen Resources, LLC
1552 Yellow Wood Drive
Madisonville, KY 42431 |
Represented By
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| Docket last updated: 11 hours ago |
| Thursday, April 02, 2020 | ||
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court
Close Case -AP
Thu 04/02 7:47 AM
Case Closed. (Preston, T) |
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| Friday, March 20, 2020 | ||
| 49 | 49
court
BNC Certificate of Mailing - PDF Notice Request
Sat 03/21 1:03 AM
BNC Certificate of Mailing - Notice Request . Notice Date 03/20/2020. (Admin.) |
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| Wednesday, March 18, 2020 | ||
| 48 | 48
order
Dismiss Adversary Proceeding
Wed 03/18 9:28 AM
Order Granting Agreed Motion to Dismiss Adversary Proceeding Miscellaneous Deadline 4/1/2020. Entered on 3/18/2020. (Preston, T) |
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| Tuesday, March 17, 2020 | ||
| 47 | 47
motion
Dismiss Adversary Proceeding
Tue 03/17 9:34 AM
Agreed Motion to Dismiss Adversary Proceeding with Prejudice . Filed by Plaintiff Delen Resources, LLC (Bachert, Scott) |
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| Thursday, March 05, 2020 | ||
| 46 | 46
order|orderx
Miscellaneous Relief|Remand Hearing
Thu 03/05 3:08 PM
Order Granting . Order terminating Status Hearing set on 3-11-20 and Trial set on 6-9-20. Upon execution of a settlement agreement, an Agreed Order of Dismissal shall be filed. Entered on 3/5/2020 (Smithson, M) |
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| Wednesday, March 04, 2020 | ||
| 45 | 45
motion
Miscellaneous Relief
Wed 03/04 2:17 PM
Agreed Motion to Stay Proceedings. Filed by Plaintiff Delen Resources, LLC (Bachert, Scott) |
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| Friday, February 28, 2020 | ||
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utility
File Agreed Order
Fri 02/28 8:48 AM
Mediation held on February 27, 2020. Parties to file Agreed Order on or before March 3, 2020 . Agreed Motion/Order due by 3/3/2020. (Goss, K) |
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| Friday, January 31, 2020 | ||
| 44 | 44
court
BNC Certificate of Mailing - PDF Notice Request
Sat 02/01 12:46 AM
BNC Certificate of Mailing - Notice Request . Notice Date 01/31/2020. (Admin.) |
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| 43 | 43
court
BNC Certificate of Mailing - PDF Notice Request
Sat 02/01 12:46 AM
BNC Certificate of Mailing - Notice Request . Notice Date 01/31/2020. (Admin.) |
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| Wednesday, January 29, 2020 | ||
| 42 | 42
order
Set/Continue/Reschedule Pre-Trial/Trial
Wed 01/29 1:12 PM
Order Scheduling Trial. . Trial scheduled on 6/9/2020 at 09:30 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. Entered on 1/29/2020 (Preston, T) |
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| 41 | 41
order
Set Mediation
Wed 01/29 1:10 PM
Order to Set Mediation before Honorable Judge Joan A. Lloyd. The parties shall deliver a mediation statement to the Court at least five business days before the mediation, which is not to be filed electronically and/or made part of the record herein . Hearing scheduled for 2/27/2020 at 10:00 AM (Eastern Time)at Courtroom #1, 5th Fl. (7th St. Elevators), 601 West Broadway, Louisville, KY 40202. Entered on 1/29/2020 (Preston, T) |
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| 40 | 40
vorder
Set/Continue/Reschedule -Hearing
Wed 01/29 9:09 AM
Order of the Court to set status hearing and removing from submission Motion For Summary Judgment Against Defendants Filed by Plaintiff Delen Resources, LLC29 , so ORDERED by /s/ Judge Fulton. Status hearing to be held on 3/11/2020 at 09:30 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. (Gudgel, A) |
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| Wednesday, January 08, 2020 | ||
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utility
Matter Submitted
Wed 01/08 10:38 AM
Matter RE-Submitted after oral arguments held on December 18, 2019 regarding29 Motion For Summary Judgment Against Defendants filed by Plaintiff Delen Resources, LLC). Matter Under Advisement. (Gudgel, A) |
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| Thursday, December 19, 2019 | ||
| 39 | 39
misc
Notice of Appearance and Request for Notice
Thu 12/19 1:53 PM
Notice of Appearance and Request for Notice by Tim Ruppel . Filed by on behalf of Charles R. Merrill (Ruppel, Tim) |
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| Friday, November 22, 2019 | ||
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utility
Matter Submitted
Fri 11/22 8:42 AM
Matter Submitted Re: . Matter Under Advisement. (Pierce, M) |
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| Thursday, November 21, 2019 | ||
| 38 | 38
answer
Reply
Thu 11/21 3:20 PM
Reply to Response to Motion For Summary Judgment Against Defendants filed by Plaintiff Delen Resources, LLC29 . Filed by Defendants Cynthia Callahan, Stephen A. Callahan, Elizabeth C Thomas, James E. Thomas filed by Defendant Stephen A. Callahan, Defendant Cynthia Callahan, Defendant James E. Thomas, Defendant Elizabeth C Thomas37 . Filed by Plaintiff Delen Resources, LLC (Bachert, Scott) |
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Att: 1
Affidavit
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| Thursday, November 07, 2019 | ||
| 37 | 37
answer
Response to Summary Judgment Motion
Thu 11/07 7:13 PM
Response to Motion For Summary Judgment Against Defendants filed by Plaintiff Delen Resources, LLC29 . Filed by Defendants Cynthia Callahan, Stephen A. Callahan, Elizabeth C Thomas, James E. Thomas (Henderson, John) |
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Att: 1
Memorandum in Support of Plaintiff's Motion for Summary Judgment
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Att: 2
Affidavit of Stephen A. Callahan
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Att: 3
Exhibit A - Deed with Vendor's Lien
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Att: 4
Exhibit B - Assignment of CWI
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Att: 5
Exhibit C - Assignment of CWI.pdf
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Att: 6
Exhibit D - Assignment of CWI
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Att: 7
Exhibit E - Assignment of CWI
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Att: 8
Exhibit F - Assignment of CWI
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Att: 9
Exhibit G - Assignment of CWI
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Att: 10
Exhibit H - Assignment of Deeded CWI.pdf
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Att: 11
Exhibit I - Corrective Assignment
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Att: 12
Exhibit J - Deeded Mineral Mortgage
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Att: 13
Proposed Order
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| Saturday, October 19, 2019 | ||
| 36 | 36
court
BNC Certificate of Mailing - PDF Notice Request
Mon 10/21 3:20 PM
BNC Certificate of Mailing - Notice Request . Notice Date 10/19/2019. (Admin.) |
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| 35 | 35
court
BNC Certificate of Mailing - PDF Notice Request
Mon 10/21 3:20 PM
BNC Certificate of Mailing - Notice Request . Notice Date 10/19/2019. (Admin.) |
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| 34 | 34
court
BNC Certificate of Mailing - Hearing
Mon 10/21 3:20 PM
BNC Certificate of Mailing - Hearing . Notice Date 10/19/2019. (Admin.) |
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| Thursday, October 17, 2019 | ||
| 33 | 33
order
Response to Summary Judgment
Thu 10/17 2:34 PM
Order for Response to Summary Judgment . IT IS HEREBY ORDERED that the opposing party shall have twenty-one (21) days from the date of this order to file a response to the Motion for Summary Judgment. The movant shall have fourteen (14) days thereafter to file a reply, at which time this matter shall stand submitted. Miscellaneous Deadline 11/21/2019. Entered on 10/17/2019 (Preston, T) |
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| 32 | 32
vorder
Set/Continue/Reschedule -Hearing
Thu 10/17 12:13 PM
Order of the Court to continue hearing held on October 17, 2019 regarding Motion for Continuance of Trial Filed by Plaintiff Delen Resources, LLC21 , so ORDERED by /s/ Judge Fulton. Status hearing to be held on 12/18/2019 at 01:30 PM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. (Gudgel, A) |
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| 31 | 31
notice
Hearing(Document)
Thu 10/17 12:12 PM
Notice of Hearing regarding Motion For Summary Judgment Against Defendants < Filed by Plaintiff Delen Resources, LLC29 . ANY OBJECTION TO THE MOTION HEREIN SHALL BE FILED WITH THE COURT NO LATER THAN SEVEN DAYS PRIOR TO THE DATE OF HEARING. Oral Arguments scheduled for 12/18/2019 at 01:30 PM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. cc: sl (Gudgel, A) |
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| 30 | 30
order
Appear Telephonically at Hearing
Thu 10/17 9:59 AM
Order Granting Motion Allowing John Henderson To Appear Telephonically at Hearing On October 17, 2019 Entered on 10/17/2019. (Gudgel, A) |
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| Wednesday, October 16, 2019 | ||
| 29 | 29
motion
Summary Judgment
Wed 10/16 8:02 PM
Motion For Summary Judgment Against Defendants . Filed by Plaintiff Delen Resources, LLC (Bachert, Scott) |
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Att: 1
Memorandum
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Att: 2
Affidavit
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Att: 3
Proposed Order
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| Tuesday, October 15, 2019 | ||
| 28 | 28
motion
Appear Telephonically at Hearing
Tue 10/15 2:52 PM
Motion to Appear Telephonically at Hearing On October 17, 2019 Filed by Defendants Cynthia Callahan, Stephen A. Callahan, Elizabeth C Thomas, James E. Thomas. (Henderson, John) |
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Att: 1
Proposed Order
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| Thursday, October 10, 2019 | ||
| 27 | 27
order
Appear Telephonically at Hearing
Thu 10/10 1:18 PM
Order Granting Motion To Allow Scott Bachert to Appear Telephonically at Status Hearing set for October 17, 2019 Entered on 10/10/2019. (Gudgel, A) |
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| Tuesday, October 08, 2019 | ||
| 26 | 26
motion
Appear Telephonically at Hearing
Tue 10/08 3:35 PM
Motion to Appear Telephonically at Hearing On October 17, 2019 . Filed by Plaintiff Delen Resources, LLC (Bachert, Scott) |
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Att: 1
Proposed Order
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| Friday, August 30, 2019 | ||
| 25 | 25
court
BNC Certificate of Mailing - PDF Notice Request
Sat 08/31 12:49 AM
BNC Certificate of Mailing - Notice Request . Notice Date 08/30/2019. (Admin.) |
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| Wednesday, August 28, 2019 | ||
| 24 | 24
vorder
Set/Continue/Reschedule -Hearing
Wed 08/28 1:13 PM
Order of the Court from hearing held on August 28, 2019 to set status hearing on Motion for Continuance of Trial Filed by Plaintiff Delen Resources, LLC and removing Trial scheduled for September 11, 2019 from the Court's docket21 , so ORDERED by /s/ Judge Fulton. Status hearing to be held on 10/17/2019 at 09:30 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. Parties may appear telephonically upon notice to the Court. (Gudgel, A) |
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| 23 | 23
order
Expedite Hearing
Wed 08/28 9:30 AM
Order Granting Motion Expedite Hearing22 regarding Motion to Continue Trial. Expedited Hearing scheduled for 8/28/2019 at 11:30 AM (Eastern Time)/10:30 AM (Central Time) at Telephonic Hearing. Entered on 8/28/2019. (Gudgel, A) |
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| Tuesday, August 27, 2019 | ||
| 22 | 22
motion
Expedite Hearing
Tue 08/27 8:28 AM
Motion to Expedite Hearing . Filed by Plaintiff Delen Resources, LLC (Bachert, Scott) |
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Att: 1
Proposed Order
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| 21 | 21
motion
Miscellaneous Relief
Tue 08/27 8:27 AM
Motion for Continuance of Trial. Filed by Plaintiff Delen Resources, LLC (Bachert, Scott) |
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Att: 1
Proposed Order
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| Friday, June 21, 2019 | ||
| 20 | 20
order
Set/Continue/Reschedule Pre-Trial/Trial
Fri 06/21 3:18 PM
Order To Set Trial. Trial scheduled on 9/11/2019 at 10:00 AM at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. Entered on 6/21/2019 (Pierce, M) |
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| Tuesday, June 04, 2019 | ||
| 19 | 19
order
Continue Hearing
Tue 06/04 1:33 PM
Order Granting18 Joint Motion To Reschedule Trial set for June 19, 2019. Status hearing to be held on 6/19/2019 at 09:30 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301 to set a new Trial Date. Entered on 6/4/2019. (Gudgel, A) |
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| Friday, May 31, 2019 | ||
| 18 | 18
motion
Continue Hearing
Fri 05/31 8:03 AM
Joint Motion to Continue Hearing On . Filed by Plaintiff Delen Resources, LLC (Bachert, Scott) |
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Att: 1
Proposed Order
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| Wednesday, April 24, 2019 | ||
| 17 | 17
misc
Document (Generic)
Wed 04/24 3:41 PM
Document: Notice of Service. Filed by Delen Resources, LLC (Bachert, Scott) |
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| Thursday, March 14, 2019 | ||
| 16 | 16
order
Set/Continue/Reschedule Pre-Trial/Trial
Thu 03/14 1:23 PM
Order To Scheduling Trial. . Trial scheduled on 6/19/2019 at 10:30 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. Entered on 3/14/2019 (Preston, T) |
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| Friday, February 15, 2019 | ||
| 15 | 15
court
BNC Certificate of Mailing - PDF Notice Request
Sat 02/16 12:56 AM
BNC Certificate of Mailing - Notice Request . Notice Date 02/15/2019. (Admin.) |
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| Wednesday, February 13, 2019 | ||
| 14 | 14
vorder
Set/Continue/Reschedule -Hearing
Wed 02/13 2:21 PM
Order of the Court to continue pre-trial conference set for February 13, 2019 regarding Adversary case 18-04023 a class="relatedlink" onclick="gotodi(25142489,'Delen_Resources,_LLC_v_Callahan_et_al',1);">1 , so ORDERED by /s/ Judge Fulton. Pre-Trial Conference scheduled on 3/13/2019 at 09:30 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. (Gudgel, A) |
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| Saturday, January 19, 2019 | ||
| 13 | 13
court
BNC Certificate of Mailing - PDF Notice Request
Sun 01/20 1:13 AM
BNC Certificate of Mailing - Notice Request . Notice Date 01/19/2019. (Admin.) |
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| Thursday, January 17, 2019 | ||
| 12 | 12
vorder
Set/Continue/Reschedule -Hearing
Thu 01/17 11:11 AM
Order of the Court to continue pre-trial conference set for January 16, 2019 regarding Adversary case 18-04023 Complaint by Russ Wilkey on behalf of Delen Resources, LLC against Stephen A. Callahan, Cynthia Callahan, James E. Thomas, Elizabeth C Thomas1 , so ORDERED by /s/ Judge Fulton. Pre-Trial Conference scheduled on 2/13/2019 at 09:30 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. (Gudgel, A) |
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| Tuesday, January 08, 2019 | ||
| 11 | 11
misc
Notice of Appearance and Request for Notice
Tue 01/08 1:24 PM
Notice of Appearance and Request for Notice by Scott A. Bachert . Filed by on behalf of Delen Resources, LLC (Bachert, Scott) |
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| Saturday, November 17, 2018 | ||
| 10 | 10
court
BNC Certificate of Mailing - PDF Notice Request
Sun 11/18 1:03 AM
BNC Certificate of Mailing - Notice Request . Notice Date 11/17/2018. (Admin.) |
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| Thursday, November 15, 2018 | ||
| 9 | 9
vorder
Set/Continue/Reschedule -Hearing
Thu 11/15 12:05 PM
Order of the Court to continue pre-trial conference set for November 15, 2018 Adversary case 18-04023 Complaint by Russ Wilkey on behalf of Delen Resources, LLC against Stephen A. Callahan, Cynthia Callahan, James E. Thomas, Elizabeth C Thomas1 , so ORDERED by /s/ Judge Fulton. Pre-Trial Conference scheduled on 1/16/2019 at 09:30 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. (Gudgel, A) |
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| Wednesday, October 17, 2018 | ||
| 8 | 8
court
BNC Certificate of Mailing - PDF Notice Request
Thu 10/18 12:59 AM
BNC Certificate of Mailing - Notice Request . Notice Date 10/17/2018. (Admin.) |
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| Monday, October 15, 2018 | ||
| 7 | 7
vorder
Set/Continue/Reschedule -Hearing
Mon 10/15 10:20 AM
Order of the Court to continue pre-trial conference set for October 11, 2018 regarding Adversary case 18-04023 Complaint by Russ Wilkey on behalf of Delen Resources, LLC against Stephen A. Callahan, Cynthia Callahan, James E. Thomas, Elizabeth C Thomas1 , so ORDERED by /s/ Judge Fulton. Pre-Trial Conference scheduled on 11/15/2018 at 09:30 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. (Gudgel, A) |
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| Tuesday, October 02, 2018 | ||
| 6 | 6
misc
Pre Trial Compliance
Tue 10/02 3:49 PM
Pre Trial Compliance: Parties Joint Pretrial Statement Initial Disclosures and Other Documents Pursuant to Bankruptcy Rule 7026. Filed by Cynthia Callahan, Stephen A. Callahan, Delen Resources, LLC, Elizabeth C Thomas, James E. Thomas (Wilkey, Russ) |
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| Saturday, August 25, 2018 | ||
| 5 | 5
court
BNC Certificate of Mailing - PDF Notice Request
Sun 08/26 12:53 AM
BNC Certificate of Mailing - Notice Request . Notice Date 08/25/2018. (Admin.) |
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| Thursday, August 23, 2018 | ||
| 4 | 4
answer
Answer to Complaint
Thu 08/23 2:55 PM
Answer to Complaint . Filed by Defendants Cynthia Callahan, Stephen A. Callahan, Elizabeth C Thomas, James E. Thomas (Henderson, John) |
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| 3 | 3
vorder
Set/Continue/Reschedule -Hearing
Thu 08/23 8:23 AM
Order of the Court to RESCHEDULE pre-trial conference set for October 10, 2018 regarding Adversary case 18-04023 Complaint by Russ Wilkey on behalf of Delen Resources, LLC against Stephen A. Callahan, Cynthia Callahan, James E. Thomas, Elizabeth C Thomas1 , so ORDERED by /s/ Judge Fulton. Pre-Trial Conference rescheduled on 10/11/2018 at 11:30 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. (Gudgel, A) |
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| Tuesday, July 24, 2018 | ||
| 2 | 2
court
Summons and Scheduling Order Issued
Tue 07/24 7:12 AM
Summons and Scheduling Order Issued to Plaintiff for Service on Cynthia Callahan Answer Due 8/23/2018; Stephen A. Callahan Answer Due 8/23/2018; Elizabeth C Thomas Answer Due 8/23/2018; James E. Thomas Answer Due 8/23/2018. Pre-Trial Conference scheduled on 10/10/2018 at 09:00 AM (Central Time) at Owensboro Courthouse, U. S. Courthouse, 423 Frederica Street, Owensboro, KY 42301. (Preston, T) |
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| Monday, July 23, 2018 | ||
| 1 | 1
cmp
Complaint
Mon 07/23 11:15 AM
Adversary case 18-04023 (21 (Validity, priority or extent of lien or other interest in property)),(13 (Recovery of money/property - 548 fraudulent transfer)) Complaint by Russ Wilkey on behalf of Delen Resources, LLC against Stephen A. Callahan, Cynthia Callahan, James E. Thomas, Elizabeth C Thomas. Fee Amount $350(Wilkey, Russ) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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