Case Information
*1 Order Filed on March 25, 2024 by Clerk, U.S. Bankruptcy Court UNITED STATES BANKRUPTCY COURT District of New Jersey DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) In Re: Case No.: 23-21502 Anthony Vincent Wolke, Chapter: 11
Debtor.
Hearing Date: N/A Judge: Stacey L. Meisel ORDER DENYING APPLICATION FOR RETENTION OF PROFESSIONAL The relief set forth on the following pages, numbered two (2) through ____2_____ is ORDERED .
DATED: March 25, 2024
Debtor: Anthony Vincent Wolke
Case No.: 23-21502
Caption of Order: Order Denying Application for Retention of Professional Page: 2 of 2
THIS MATTER having been brought before the Court on a (“ Application for Retention of Professional ”) by Anthony Vincent Wolke; this Court finds:
WHEREAS the Application for Retention of Professional is deficient for the following reason(s): Failure to use required Local Forms. See D.N.J. LBR 9009-1.
(cid:1407) Failure to follow the requirements of Local Rule 9013-1, specifically: (cid:1407) Failure to submit a notice of motion stating the date, time, and place of the (cid:1407) hearing. See D.N.J. LBR 9013-1(a)(1). Failure to submit a certification containing the facts supporting the relief (cid:1407) requested in compliance with D.N.J. LBR 7007-1. See D.N.J. LBR 9013- 1(a)(2). Failure to submit a memorandum of law stating the legal basis for the relief
(cid:1407) requested, or a statement why a memorandum of law is unnecessary. See D.N.J. LBR 9013-1(a)(3).
(cid:1798) Failure to submit a proposed form of order. See D.N.J. LBR 9013-4. Failure to file a certification of service. See D.N.J. LBR 9013-1(a)(5) and (cid:1407) Local Form.
(cid:1798) Failure to effectuate proper service. See D.N.J. LBR 5005-1, Fed. R. Bankr. P. 2002, 9014, Fed. R. Bankr. P. 7004, and Fed. R. Bankr. P. 9010 as well as the Register of Governmental Units available on the Court’s website.
(cid:1800) Other: Applicant improperly checked the box for 11 U.S.C. § 327(e) retention on the Application for Retention of Professional (the “Application”). Section 327(e) only applies for the retention of special counsel. The proposed retention is for an accountant. Counsel failed to correct the Application despite the Clerk’s Office providing a courtesy call regarding the issue.
It is hereby
2
Debtor: Anthony Vincent Wolke
Case No.: 23-21502
Caption of Order: Order Denying Application for Retention of Professional Page: 3 of 2
ORDERED that the Application for Retention of Professional is denied, without prejudice.
3 *4 United States Bankruptcy Court District of New Jersey In re: Case No. 23-21502-SLM Anthony Vincent Wolke Chapter 11
Debtor
CERTIFICATE OF NOTICE District/off: 0312-2 User: admin Page 1 of 2 Date Rcvd: Mar 25, 2024 Form ID: pdf903 Total Noticed: 2 The following symbols are used throughout this certificate: Symbol Definition
+ Addresses marked '+' were corrected by inserting the ZIP, adding the last four digits to complete the zip +4, or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP. Notice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on Mar 27, 2024: Recip ID Recipient Name and Address db + Anthony Vincent Wolke, 73 Hubbardton Road, Wayne, NJ 07470-8203
aty + Scura, Wigfield, Heyer, Stevens & Cammarota, LLP., 1599 Hamburg Turnpike, Wayne, NJ 07470-4093 TOTAL: 2
Notice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center. Electronic transmission includes sending notices via email (Email/text and Email/PDF), and electronic data interchange (EDI).
NONE
BYPASSED RECIPIENTS The following addresses were not sent this bankruptcy notice due to an undeliverable address, *duplicate of an address listed above, *P duplicate of a preferred address, or ## out of date forwarding orders with USPS. NONE
NOTICE CERTIFICATION
I, Gustava Winters, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief.
Meeting of Creditor Notices only (Official Form 309): Pursuant to Fed .R. Bank. P.2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciary's privacy policies.
Date: Mar 27, 2024 Signature: /s/Gustava Winters
CM/ECF NOTICE OF ELECTRONIC FILING The following persons/entities were sent notice through the court's CM/ECF electronic mail (Email) system on March 25, 2024 at the address(es) listed below: Name Email Address
David L. Stevens on behalf of Debtor Anthony Vincent Wolke dstevens@scura.com dstevens@scura.com;ecfbkfilings@scuramealey.com;pevangelista@scura.com;amurphy@scura.com;vmajano@scura.com;jromer o@scura.com;spereyra@scura.com;14518@notices.nextchapterbk.com;dwoody@scura.com;sterry@scura
Denise E. Carlon on behalf of Creditor THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-IM1 dcarlon@kmllawgroup.com, bkgroup@kmllawgroup.com Laura M. Egerman on behalf of Creditor THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-IM1 laura.egerman@mccalla.com, mccallaecf@ecf.courtdrive.com Matthew K. Fissel
District/off: 0312-2 User: admin Page 2 of 2 Date Rcvd: Mar 25, 2024 Form ID: pdf903 Total Noticed: 2
on behalf of Creditor Wilmington Savings Fund Society Fsb, As Trustee Ofwilmington Savings Fund Society, Fsb, As Trustee wbecf@brockandscott.com, matthew.fissel@brockandscott.com Michael A. Artis on behalf of U.S. Trustee U.S. Trustee michael.a.artis@usdoj.gov
U.S. Trustee USTPRegion03.NE.ECF@usdoj.gov
TOTAL: 6