FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING CHAPTER 11 PLAN OF REORGANIZATION OF AKAAL LODGING, LLC DATED AUGUST 16, 2013 AND AS IMMATERIALLY MODIFIED ON SEPTEMBER 23 AND NOVEMBER 15; 2013 STEPHEN V. CALLAWAY, Bankruptcy Judge. The Court held the hearing to consider Confirmation of the chapter 11 Plan of Reorganization of AWL Lodging, LLC Dated August 16, 2013 and as Immaterially Modified on September 23 and November 15, 2013 (the " Plan ") 1 (Doc. #224-2) Fled...
REASONS FOR DECISION ROBERT SUMMERHAYS, Bankruptcy Judge. This is an action brought by Alan H. Goodman, the trustee of the Gulf Fleet Liquidating Trust (with respect to Mr. Goodman, the "Trustee" and with respect to the Gulf Fleet Liquidating Trust, the "Trust") against H.I.G. Capital, LLC and other defendants. The Trustee's claims arise out of H.I.G.'s leveraged buyout and subsequent management of Gulf Fleet Holdings, Inc. and its affiliates ("Gulf Fleet" or "Debtors"). H.I.G. and the other...
AMENDED REASONS FOR DECISION ROBERT SUMMERHAYS, Bankruptcy Judge. This adversary proceeding involves preference claims by Alan Goodman, the trustee of the Gulf Fleet Liquidating Trust (the "Trustee") against Triple "C" Marine Salvage, Inc. ("Triple `C'"). The Trustee filed a motion for summary judgment on its preference claims as well as Triple "C"'s defenses. The court took the motion under advisement following oral argument. After considering the summary judgment record, the parties'...