In re Two Streets, Inc.

597 B.R. 309
CourtUnited States Bankruptcy Court, S.D. Mississippi
DecidedFebruary 26, 2019
DocketCASE NO. 18-02103-NPO
StatusPublished
Cited by2 cases

This text of 597 B.R. 309 (In re Two Streets, Inc.) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Two Streets, Inc., 597 B.R. 309 (Miss. 2019).

Opinion

Judge Neil P. Olack, United States Bankruptcy Judge

This matter came before the Court for hearing on February 5, 2019 (the "Confirmation Hearing"), on the Plan of Reorganization for Small Business Under Chapter 11 (the "Plan") (Dkt. 80) filed by the debtor, Two Streets, Inc. ("Two Streets"), the Court having previously entered the Order Conditionally Approving Disclosure Statement, Fixing Time for Filing Acceptances or Rejections to the Plan, and Fixing the Time for Filing Objections to the Disclosure Statement and to the Confirmation of the Plan, Combined with Notice Therefore and of the Hearing on the Final Approval of the Disclosure Statement and the Hearing on Confirmation of the Plan (Dkt. 81) pursuant to 11 U.S.C. §§ 101(51C) and (51D) in the above-referenced bankruptcy case (the "Corporate Case"). Three objections to the Plan were filed, including: the Mississippi Department of Revenue's Objection to Disclosure Statement and to Confirmation of Debtor's Plan of Reorganization (the "MDOR Objection") (Dkt. 86) filed by the Mississippi Department of Revenue (the "MDOR"); the Objection to Confirmation (the "BancorpSouth Objection") (Dkt. 87) filed by BancorpSouth Bank ("BancorpSouth"); and the Objection to Plan of Confirmation (the "Jamieson Objection") (Dkt. 88) filed by Jamieson Manufacturing Co., d/b/a Jamieson Fence Supply ("Jamieson"). Also before the Court at the Confirmation Hearing were the Motion for Approval of Proposed Agreed Order with BancorpSouth Resolving Objection to Confirmation and Clarifying Plan Provisions ("Motion to Approve Proposed Agreed Order") (Dkt. 93) filed by Two Streets and the Jamieson Manufacturing Co., d/b/a Jamieson Fence Supply's Objection to Motion for Approval of Proposed Agreed Order with BancorpSouth Resolving Objection to Confirmation and Clarifying Plan Provisions [Docket No. 93] ("Objection to Proposed Agreed Order") (Dkt. 96) filed by Jamieson. At the Confirmation Hearing, R. Michael Bolen represented Two Streets; Sylvie D. Robinson represented the MDOR; Les Alvis represented BancorpSouth; J. Walter Newman IV represented Jamieson; and Christopher J. Steiskal represented David W. Asbach, Acting U.S. Trustee for Region 5 (the "U.S. Trustee"). Two Streets offered into evidence one (1) exhibit1 and presented the testimony of one (1) witness, Daniel Street ("Danny Street"), at the Confirmation Hearing. No other documents or testimony was offered by any of the parties. After having heard the evidence and the arguments of counsel, the Court found that the Plan failed to meet the feasibility requirement of 11 U.S.C. § 1129(a)(11) and, therefore, denied confirmation. The Court also denied the Motion to Approve Proposed Agreed Order as moot. This Opinion memorializes and supplements the Court's bench ruling.2

*311Jurisdiction

The Court has jurisdiction over the parties to and the subject matter of this proceeding pursuant to 28 U.S.C. § 1334. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (L), and (O). Notice of the Confirmation Hearing was proper under the circumstances.

Facts

According to the Voluntary Petition for Non-Individuals Filing for Bankruptcy (Dkt. 1) and the Disclosure Statement for Small Business Under Chapter 11 (the "Disclosure Statement") (Dkt. 79), Two Streets is a Mississippi corporation d/b/a All-Metro Fence Company solely owned and managed by Danny Street. Two Streets has been in the business of commercial and residential fence construction and repair since 2005. Two Streets owns an office building and shop located at 5493 I-55 South in Jackson, Mississippi (the "Office Building & Shop"), a 2012 F-350 truck (the "Truck"), as well as machinery and equipment, including drills, trailers, a welder, two Bobcats with mixing buckets and auger attachments, a forklift, and electric saws (the "Equipment") (Dkt. 3 at 9).

Beginning in 2014, Two Streets encountered cash-flow problems after three customers within a period of six months failed to pay for fence installations performed by the company. (Dkt. 79 at 5). Two of these customers lacked the funds to pay, and the other refused to pay because of a contract dispute. A collection suit brought by Two Streets against the customer with the contract dispute was unsuccessful. As a result of its cash-flow problems, Two Streets became delinquent in its payments to Jamieson, its key supplier, and Jamieson sued Two Streets and Danny Street in state court in Dallas, Texas. (Dkt. 3 at 26). While the Texas state court action was pending, Two Streets filed a petition for relief under chapter 11 (the "Petition") (Dkt. 1) on May 29, 2018. The Petition designates Two Streets as a "small business debtor" pursuant to 11 U.S.C. § 101(51)(D).

Procedural History of Corporate Case

According to the bankruptcy schedules, BancorpSouth is by far the largest creditor in the Corporate Case. (Dkt. 3 at 2-4). BancorpSouth filed a proof of claim in the amount of $ 508,445.85 (the "BancorpSouth Claim") (Cl. # 6-1) on a loan evidenced by a promissory note dated July 1, 2016 (the "BancorpSouth Loan"). Payment of the loan is secured by first mortgage liens against, and security interests in, all of Two Streets' real property, including the Office Building & Shop, and nearly all of its personal property, including the Equipment (the "BancorpSouth Collateral"). The only asset of Two Streets that is not included in the BancorpSouth Collateral is the Truck, which is subject to a lien in favor of Ally Capital. (Cl. # 1-1). According to the bankruptcy schedules, the value of the Office Building & Shop is $ 175,000.00 (Dkt. 3 at 9), and the value of the Equipment is $ 250,000.00 (Dkt. 3 at 8-9). It is undisputed that BancorpSouth is an under-secured creditor in the Corporate Case.

Payment of the BancorpSouth Loan also is secured by real property that is not owned by Two Streets. BancorpSouth holds first mortgage liens against property owned by Danny Street and his wife, Patricia Boyce Street ("Patricia Street"), who are guarantors on the BancorpSouth Loan. (Case No. 18-02102-NPO, Cl. # 14-1 Pt. 3 at 1-6). This property includes the residence of Danny Street and Patricia Street located at 193 Lakeshire Parkway in Canton, Mississippi, as well as the residence of Patricia Street's parents located at 157 Lakeshire Parkway in Canton, Mississippi (the "Guarantor Collateral") (Id. at 7-63; Case No. 18-02102-NPO, Dkt. 3 at 1-2).

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Cite This Page — Counsel Stack

Bluebook (online)
597 B.R. 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-two-streets-inc-mssb-2019.