OPINION RE: ENFORCEABILITY OF UNSIGNED LOAN MODIFICATION AGREEMENT RANDOLPH J. HAINES, Chief Judge. The issue in this case is whether a loan modification agreement negotiated between the Debtors and Everkrisp Vegetables, Inc. ("Everkrisp") satisfied the Arizona Statute of Frauds or any of its exceptions. The Court concludes that the agreement did satisfy the Arizona Statute of Frauds, and even had it not, exceptions to the Statute of Frauds apply in this case to make the agreement's terms...
OPINION AND ORDER SUSTAINING TRUSTEE'S OBJECTION TO CLAIMED EXEMPTIONS RANDOLPH J. HAINES, Chief Judge. Trustee objects, on grounds of bad faith, to the Debtors' amended claim to exempt prepaid rent in the amount of $900. The Court finds bad faith and sustains the objection. Factual Background Debtors filed this Chapter 7 case on May 14, 2013, and filed their Schedules that same day. Schedule B reflected personal property worth $900 consisting of a "Security Deposit with Landlord," and...
RULING RE: DEBTORS' APPLICATION TO EMPLOY ARNOLD & PORTER LLP AS AN ORDINARY COURSE PROFESSIONAL BRENDA MOODY WHINERY, Bankruptcy Judge. This matter having come before the Court pursuant to the First Application to Employ Professionals and Consultants Used by the Debtors in the Ordinary Course of Business (the "Application") (Docket No. 143), filed by ArmorWorks Enterprises, LLC and TechFiber, LLC (the "Debtors"), as modified and supplemented by the Reply in Support of Application to...
MEMORANDUM DECISION EILEEN W. HOLLOWELL, Bankruptcy Judge. I. INTRODUCTION After traveling along a winding path through confusion, delay, faulty evidence, vexatious argument, and some legitimate legal disputes, this case has finally arrived at its denouement in this court. The only question remaining is whether Deutsche Bank National Trust Company ("Defendant"), acting as the trustee of a securitized mortgage pool called Asset-Backed Pass-Through Certificates Series 2004-W8 ("the Pool"), has...
MEMORANDUM DECISION RE: WHETHER A RENEWABLE POWER PURCHASE AND SALE AGREEMENT IS A FORWARD CONTRACT UNDER 11 U.S.C. 362(b)(6) SARAH SHARER CURLEY, Bankruptcy Judge. I. INTRODUCTION This matter comes before the Court on the Motion of Clear Peak Energy, Inc., the Debtor ("Clear Peak" or "Debtor"), to Determine the Applicability of the Automatic Stay ("Motion") dated July 6, 2012. 1 Southern California Edison ("SCE"), a creditor, filed its Preliminary Objection to the Motion on July 12,...
