Judge issues foreclosure of M & M Bar; Online auction halted
Posted: Mar 9, 2010 1:23 PM
Updated: Mar 9, 2010 1:24 PM
BUTTE - A judge granted an order of foreclosure on M & M Bar and Café Tuesday, determining that the bar and its contents will be sold together and halting an online auction planned to sell off items inside the bar piece-by-piece.
At a hearing Tuesday morning, District Judge Kurt Krueger granted a permanent injunction on behalf of the plaintiff in the case, creditor Carl Vander Molen, which halts the removal and sale of any items from the bar.
The Butte-Silver Bow Sheriff's Office will conduct a foreclosure sale, which must first be advertised and could take weeks.
An attorney for Vander Molen said this is good news because now the M & M will be sold in one piece instead of portioned off and sold separately.
The outcome of the hearing is the latest development in the fate of the M & M Bar and Café.
In February, Krueger signed a restraining order to stop the sale of memorabilia and the removal of any more items from the M & M. The order prevented anyone from removing or selling any of the personal property, including equipment, fixtures, trade fixtures and furnishings located in the historic tavern until further order of the court. This followed an announcement made in February that an online auction of memorabilia from the Bar and Café was being held.
The M & M closed in September following a dispute over unpaid utility bills and claims from employees of not being paid. As a result 54 items are for sale and are listed with the Bozeman firm Burns Auctions and Appraisal.
A hearing is underway in Butte regarding the sale of memorabilia and the removal of items from the shuttered M & M Bar and Cafe.
In February, District Judge Kurt Krueger signed a restraining order to stop the sale of memorabilia and the removal of any more items from the M & M Bar and Cafe.
A creditor in the case obtained the restraining order listing the M & M Butte Building, LLC as the defendant. The order prevents anyone from removing or selling any of the personal property, including equipment, fixtures, trade fixtures and furnishings located in the historic tavern until further order of the court.
In February it was announced that an online auction of memorabilia from the Bar and Café was being held.
The M & M closed in September following a dispute over unpaid utility bills and claims from employees of not being paid. As a result 54 items are for sale and are listed with the Bozeman firm Burns Auctions and Appraisal.
The Brunswick back and front bars were listed for sale along with the old safe from Hall's Safe and Lock Company of Cincinnati, Ohio. The safe has been in the M & M bar since it was established in 1890. Fourteen recovered original bar stools with green naugahyde "M & M" upholstered seats and Stevie's Shoe Shine chair.
Reporting by Laurel Staples with online story written by Erin Yeykal
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