Akoustis Technologies, Inc. and Akoustis Technologies, Inc.
| Delaware Bankruptcy Court | |
| Chapter 11 | |
| Case #: | 1:24-bk-12796 |
| Case Filed: | Dec 16, 2024 |
| Type | Corporation |
| Tax ID | subscribers only |
| # of Creditors | 1,000-5,000 |
| Est. Assets | $50,000,001 to $100 million |
| Est. Liabilities | $100,000,001 to $500 million |
| Nature of Business | Other |
| Nature of Debts | Primarily Business |
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Debtor
Akoustis Technologies, Inc.
9805 Northcross Center Ct Ste A
Huntersville, NC 28078-7337 |
Represented By
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Debtor
Akoustis Technologies, Inc.
9805 Northcross Center Court Suite A
Huntersville, NC 28078 |
Represented By
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| Last checked: never |
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U.S. Trustee
U.S. Trustee
Office of the United States Trustee J. Caleb Boggs Federal Building 844 King Street, Suite 2207 Lockbox 35
Wilmington, DE 19801 |
| Docket last updated: 24 seconds ago |
| Friday, December 27, 2024 | ||
| 87 | 87
notice
Certificate/Affidavit of Publication - Notice
Fri 12/27 12:49 PM
Notice of Certificate/Affidavit of Publication re: Affidavit of Publication of Notice of Entry of Interim Order, Pursuant to Sections 105(a), 362(a)(3), and 541 of the Bankruptcy Rule 3001, Establishing (A) a Record Date for Notice and Sell-down Procedures and (B) Notice of Hearing Procedures for Trading in, or Certain Claims of Worthlessness With Respect to, Equity Securities in Debtor Akoustis Technologies, Inc. To All Persons or Entities That Hold Claims Against the Debtors in Wall Street Journal . Filed by Stretto. (Betance, Sheryl) |
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| Thursday, December 26, 2024 | ||
| 86 | 86
answer
Objection
Thu 12/26 4:23 PM
Objection //Objection of New York State Electric and Gas Corporation and Rochester Gas & Electric Corporation to the Debtors' Motion for Interim and Final Orders, Pursuant to Sections 105(a) and 366 of the Bankruptcy Code, (I) Prohibiting Utility Companies From Altering, Refusing, or Discontinuing Utility Services, (II) Deeming Utility Companies Adequately Assured of Future Payment, (III) Establishing Procedures for Determining Additional Adequate Assurance of Payment, and (IV) Granting Related Relief Filed by Rochester Gas & Electric Corporation, New York State Electric and Gas Corporation (Taylor, William) |
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Att: 1
Certificate of Service
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| Tuesday, December 24, 2024 | ||
| 85 | 85
misc
Affidavit/Declaration of Service
Tue 12/24 11:22 AM
Affidavit/Declaration of Service re: Declaration of Mark D. Podgainy in Support of Chapter 11 Petitions and First Day Motions (Docket No. 2), Debtors Motion for an Order, Pursuant to Bankruptcy Rule 1015 and Local Rule 1015-1, Authorizing the Joint Administration of the Debtors Chapter 11 Cases (Docket No. 3), Application of the Debtors for Entry of Order Appointing Stretto, Inc. As Claims and Noticing Agent Effective as of the Petition Date (Docket No. 4), Motion of the Debtors for Entry of an Order (I) Modifying Certain Procedural Requirements Relating to the Form, Maintenance, and Filing of Certain Creditor Lists; (II) Approving the Form, Manner, and Proposed Service of the Notice of the Commencement of the Debtors Chapter 11 Cases; (III) Approving the Redaction of Certain Personally Identifiable Information for Individual Creditors and Interest Holders; and (Iv) Granting Other Administrative Relief (Docket No. 5), Debtors Motion for Interim and Final Orders, Pursuant to Sections 105(a), 363(b), 507(a)(8), 541, 1107(a), and 1108 of the Bankruptcy Code, (I) Authorizing the Debtors to Pay Certain Prepetition Taxes and Fees and Related Obligations and (II) Authorizing Banks to Honor and Process Check and Electronic Transfer Requests Related Thereto (Docket No. 6), Debtors Motion for Interim and Final Orders, Pursuant to Sections 105(a) and 366 of the Bankruptcy Code, (I) Prohibiting Utility Companies From Altering, Refusing, or Discontinuing Utility Services, (II) Deeming Utility Companies Adequately Assured of Future Payment, (III) Establishing Procedures for Determining Additional Adequate Assurance of Payment, and (IV) Granting Related Relief (Docket No. 7), Debtors Motion for Interim and Final Orders, Pursuant to Sections 105(a) and 363 of the Bankruptcy Code, Authorizing (I) the Debtors to (A) Continue Prepetition Insurance Policies and (B) Pay All Prepetition Obligations in Respect Thereof, and (II) Banks to Honor and Process Related Checks and Transfers (Docket No. 8), Debtors Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Pay Prepetition Employee Wages, Salaries, and Other Compensation and (B) Continue Employee Benefits Obligations and Pay Related Administrative Obligations; (II) Authorizing the Debtors to Pay and/or Honor Any Workers Compensation Obligations and Waiving the Automatic Stay as It Applies to Workers Compensations Claims; (III) Authorizing Banks to Honor and Process Check and Electronic Transfer Requests Related Thereto; and (IV) Granting Related Relief (Docket No. 9), Debtors Motion for Entry of Interim and Final Orders, Pursuant to Sections 105(a), 363(b), 503(b), 1107(a), and 1108 of the Bankruptcy Code, (I) Authorizing the Debtors to Pay Certain Prepetition Claims of (A) Critical Vendors, and (B) Lienholders; (II) Authorizing Banks to Honor and Process Check and Electronic Transfer Requests Related Thereto; and (III) Granting Certain Related Relief (Docket No. 10), Debtors Motion for Interim and Final Orders, Pursuant to Sections 105(a), 362(a)(3) and 541 of the Bankruptcy Code and Bankruptcy Rule 3001, Establishing (A) a Record Date for Notice and Sell-down Procedures and (B) Notice and Hearing Procedures for Trading in, or Certain Claims of Worthlessness With Respect to, Equity Securities in Debtor Akoustis Technologies, Inc. (Docket No. 11), Debtors Motion for Interim and Final Orders Authorizing: (A) Continued Use of Cash Management System; (B) Maintenance of Existing Bank Accounts; (C) Continued Use of Existing Business Forms; (D) Continued Performance of Intercompany Transactions in the Ordinary Course of Business and Grant of Administrative Expense Status for Postpetition Intercompany Claims; and (E) Interim Suspension of Section 345(B) Deposit and Investment Requirements (Docket No. 12), Debtors Motion for Entry of Interim and Final Orders (A) Authorizing the Debtors Use of Cash Collateral; (B) Granting Adequate Protection to the Prepetition Secured Party; (C) Scheduling a Final Hearing; and (D) Granting Related Relief (Docket No. 13), Motion of the Debtors for Entry of Orders (I) (A) Approving Bidding Procedures for the Sale of Substantially All of the Debtors Assets, (B) Authorizing the Debtors to Enter Into the Stalking Horse Agreement and to Provide Bidding Protections Thereunder, (C) Scheduling an Auction and Approving the Form and Manner of Notice Thereof, (D) Approving Assumption and Assignment Procedures, (E) Scheduling a Sale Hearing and Approving the Form and Manner of Notice Thereof, and (F) Granting Related Relief; and (II) (A) Approving the Sale of the Debtors Assets Free and Clear of Liens, Claims, Interests, and Encumbrances, (B) Approving the Assumption and Assignment of Executory Contracts and Unexpired Leases, and (C) Granting Related Relief (Docket No. 14), Declaration of Michael Pokrassa in Support of Motion of the Debtors for Entry of Orders (I)(a) Approving Bidding Procedures for the Sale of Substantially All of the Debtors Assets, (B) Authorizing the Debtors to Enter Into the Stalking Horse Agreement and to Provide Bidding Protections Thereunder, (C) Scheduling an Auction and Approving the Form and Manner of Notice Thereof, (D) Approving Assumption and Assignment Procedures, (E) Scheduling a Sale Hearing and Approving the Form and Manner of Notice Thereof, and (F) Granting Related Relief; and (II) (A) Approving the Sale of the Debtors Assets Free and Clear of Liens, Claims, Interests, and Encumbrances, (B) Approving the Assumption and Assignment of Executory Contracts and Unexpired Leases, and (C) Granting Related Relief (Docket No. 15), Order, Pursuant to Bankruptcy Rule 1015 and Local Rule 1015-1, Authorizing the Joint Administration of the Debtors Chapter 11 Cases (Docket No. 41), Order Appointing Stretto as Claims and Noticing Agent Effective as of Petition Date (Docket No. 42), Interim Order, Pursuant to Sections 105(a), 363(b), 507(a)(8), 541, 1107(a), and 1108 of the Bankruptcy Code, (I) Authorizing the Debtors to Pay Certain Prepetition Taxes and Fees and Related Obligations and (II) Authorizing Banks to Honor and Process Check and Electronic Transfer Requests Related Thereto (Docket No. 45), Interim Order, Pursuant to Sections 105(a) and 363(b) of the Bankruptcy Code, Authorizing (I) the Debtors to (A) Continue Prepetition Insurance Policies, and (B) Pay All Prepetition Obligations in Respect Thereof, and (II) Banks to Honor and Process Related Checks and Transfers (Docket No. 46), Interim Order, Pursuant to Sections 105(a), 363(b), 503(b), 1107(a), and 1108 of the Bankruptcy Code, (I) Authorizing the Debtors to Pay Certain Prepetition Claims of (A) Critical Vendors and (B) Lienholders; (II) Authorizing Banks to Honor and Process Check and Electronic Transfer Requests Related Thereto; and (III) Granting Certain Related Relief (Docket No. 47), Interim Order Authorizing (A) Continued Use of Cash Management System; (B) Maintenance of Existing Bank Accounts; (C) Continued Use of Existing Business Forms; (D) Continued Performance of Intercompany Transactions in the Ordinary Course of Business and Grant of Administrative Expense Status for Postpetition Intercompany Claims; and (E) Interim Suspension of Section 345(B) Deposit and Investment Requirements in the United States Bankruptcy Court (Docket No. 48), Interim Order, Pursuant to Sections 105(a), 362(a)(3), and 541 of the Bankruptcy Code and Bankruptcy Rule 3001, Establishing (A) a Record Date for Notice and Selldown Procedures and (B) Notice and Hearing Procedures for Trading in, or Certain Claims of Worthlessness with Respect to, Equity Securities in Debtor Akoustis Technologies, Inc. (Docket No. 49)Interim Order Granting Motion of the Debtors for Entry of an Order (I) Modifying Certain Procedural Requirements Relating to the Form, Maintenance and Filing of Certain Creditor Lists, (II) approving the Form, Manner and Proposed Service of the Notice of the Commencement of the Debtors Chapter 11 Cases, (III) Approving the Redaction of Certain Personally Identifiable Information for Individual Creditors and Interest Holders and (IV) Granting Other Administrative Relief (Docket No. 54), Interim Order (I) Authorizing Debtors to (A) Pay Prepetition Employee Wages, Salaries, and Other Compensation and (B) Continue Employee Benefits Obligations and Pay Related Administrative Obligations; (II) Authorizing the Debtors to Pay and/or Honor Any Workers Compensation Obligations and Waiving the Automatic Stay as It Applies to Workers Compensations Claims; (III) Authorizing Banks to Honor and Process Check and Electronic Transfer Requests Related Thereto; and (IV) Granting Related Relief (Docket No. 55), Interim Order (A) Authorizing the Debtors Use of Cash Collateral; (B) Granting Adequate Protection to the Prepetition Secured Parties; (C) Scheduling a Final Hearing; and (D) Granting Related Relief (Docket No. 56), Interim Order, Pursuant to Sections 105(a) and 366 of the Bankruptcy Code, (I) Prohibiting Utility Companies from Altering, Refusing, or Discontinuing Utility Services, (II) Deeming Utility Companies Adequately Assured of Future Payment, (Iii) Establishing Procedures for Determining Additional Adequate Assurance of Payment, and (Iv) Granting Related Relief (Docket No. 57), Application of the Debtors to Approve the Employment and Retention of Landis Rath & Cobb LLP as Bankruptcy Co-counsel, Nunc Pro Tunc to the Petition Date, Pursuant to Bankruptcy Code Section 327(a), Bankruptcy Rules 2014 and 2016 and Local Rule 2014-1 (Docket No. 61), Debtors Application for an Order Authorizing the Retention and Employment of K&L Gates LLP as Counsel for the Debtors, Effective as of the Petition Date (Docket No. 62), Debtors Application for Entry of an Order (I) Authorizing the Retention and Employment of Raymond James & Associates, Inc. As Investment Banker for the Debtors, Effective as of the Petition Date, (II) Waiving Certain Informational Requirements, and (III) Granting Related Relief (Docket No. 63), Debtors Motion for Entry of an Order Authorizing the (I) Retention of Getzler Henrich & Associates LLC, (II) Designation of Mark D. Podgainy as Finance Transformation Officer, and (Iii) Granting Related Relief (Docket No. 64), Debtors Motion for Entry of an Order, Pursuant to Sections 105(a), 327, 328, and 330 of the Bankruptcy Code, Authorizing the Debtors to Retain and Compensate Certain Professionals Utilized in the Ordinary Course of Business, Effective as of the Petition Date (Docket No. 65), Debtors Motion for Entry of an Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses for Professionals (Docket No. 66), Application of the Debtors for Entry of Order Appointing Stretto, Inc. As Administrative Advisor Effective as of Petition Date (Docket No. 67), Omnibus Notice of Second Day Hearing (Docket No. 68), and Notice of Hearing (Docket No. 69) . Filed by Stretto. (Betance, Sheryl) |
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| Monday, December 23, 2024 | ||
| 84 | 84
misc
Exhibit
Mon 12/23 3:54 PM
Exhibit(s) (Notice of Filing of Revised Asset Purchase Agreement and Escrow Agreement) Filed by Akoustis Technologies, Inc.. (Brooks, Joshua) |
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Att: 1
Exhibit 1
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Att: 2
Exhibit 2
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Att: 3
Exhibit 3
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Att: 4
Exhibit 4
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| 83 | 83
misc
List of Ordinary Course Professionals
Mon 12/23 2:01 PM
List of Ordinary Course Professionals - Notice of Filing of Revised Schedule of Ordinary Course Professionals Filed by Akoustis Technologies, Inc.. (Brooks, Joshua) |
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Att: 1
Exhibit 1
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| 82 | 82
misc
Transcript
Mon 12/23 1:46 PM
Transcript regarding Hearing Held 12/17/2024 RE: First Day Motion. Remote electronic access to the transcript is restricted until 3/24/2025. The transcript may be viewed at the Bankruptcy Court Clerk's Office. For information about how to obtain a transcript, call the Clerk's Office or Contact the Court Reporter/Transcriber at Telephone number 302-654-8080. Filed by . Notice of Intent to Request Redaction Deadline Due By 12/30/2024. Redaction Request Due By 1/13/2025. Redacted Transcript Submission Due By 1/23/2025. Transcript access will be restricted through 3/24/2025. (GP) |
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| 81 | 81
misc
Exhibit
Mon 12/23 9:58 AM
Exhibit(s) (Notice of Filing of Proposed Order) Filed by Akoustis Technologies, Inc.. (Brooks, Joshua) |
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Att: 1
Exhibit 1
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| Sunday, December 22, 2024 | ||
| 80 | 80
court
BNC Certificate of Mailing
Mon 12/23 12:35 AM
BNC Certificate of Mailing. Notice Date 12/22/2024. (Admin.) |
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| Saturday, December 21, 2024 | ||
| 79 | 79
court
BNC Certificate of Mailing
Sun 12/22 12:36 AM
BNC Certificate of Mailing. Notice Date 12/21/2024. (Admin.) |
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| 78 | 78
court
BNC Certificate of Mailing
Sun 12/22 12:36 AM
BNC Certificate of Mailing. Notice Date 12/21/2024. (Admin.) |
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| Friday, December 20, 2024 | ||
| 77 | 77
misc
Affidavit/Declaration of Service
Fri 12/20 7:04 PM
Affidavit/Declaration of Service re: Notice of Amended Agenda for Hearing on First Day Pleadings Scheduled for December 17, 2024 at 2:30 P.M. (ET) Before the Honorable Laurie Selber Silverstein at the United States Bankruptcy Court for the District of Delaware 6th Floor, Courtroom No. 2 (Docket No. 29) . Filed by Stretto. (Betance, Sheryl) |
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| 76 | 76
notice
Meeting of Creditors/Commencement of Case - Notice
Fri 12/20 1:09 PM
Notice of Meeting of Creditors/Commencement of Case (Notice of Chapter 11 Bankruptcy Case) Filed by Akoustis Technologies, Inc.. 341(a) meeting to be held on 1/16/2025 at 01:00 PM (check with U.S. Trustee for location). Objection 523 due by 3/17/2025. (Brooks, Joshua) |
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| 75 | 75
court
VAN-472 Notice to Counsel Re: 341 Meeting
Fri 12/20 8:44 AM
Notice to Counsel Regarding Scheduling of 341 Meeting (BJM) |
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| 74 | 74
utility
Corrective Entry
Fri 12/20 8:43 AM
Corrective Entry (BJM) |
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