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Published on 12/22/2022 in the Prospect News Distressed Debt Daily.

Tru Grit Fitness trustee objects to laundry list of first-day motions

Chicago, Dec. 22 – Tru Grit Fitness LLC’s first-day motions have been objected to broadly by Region 17 U.S. trustee Tracy Hope Davis, according to an omnibus objection filed with the U.S. Bankruptcy Court for the District of Nevada.

The trustee recommends that the initial emergency motions should be either denied or limited to only what the debtor requires to sustain business operations.

Alternatively, the hearing of the initial emergency motions should be adjourned to a later date, the trustee suggests.

The trustee objects to the utilities motion whereby the utilities cannot disconnect the debtors, saying that the utility companies should have more time after receiving notice to respond.

The cash management motion should be denied as proof has not been given that the bank accounts have been converted or designated as debtor-in-possession accounts, which includes more transparency and are bonded or guaranteed.

The wage motion should also be denied, according to the objection.

Tru Grit was going to draw money for payroll for its 28 employees and inappropriately pay wages that were due pre-petition.

The debtor has also not provided enough evidence of “immediate and irreparable harm” if all of its employees quit.

More information is needed regarding the warehouseman and shippers motion, according to the objection.

The cash collateral is part of the objection, based on the necessity of a carve-out for trustee fees.

A section 341 meeting of creditors is scheduled for Jan. 12.

The trustee says that if the initial emergency motions are granted, it should be on an interim basis and then final relief can be granted after required documents are filed and the creditors meeting is held.

Tru Grit is a Las Vegas-based professional fitness equipment company. The company filed bankruptcy on Dec. 7 under Chapter 11 case number 22-14320.


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