FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON CONFIRMATION ON THE PLAN OF REORGANIZATION PROPOSED BY DEBTOR ROBERT SUMMERHAYS , Bankruptcy Judge . In accordance with Section 1125(f) of the Bankruptcy Code, on November 10, 2015, this Court held a hearing to consider the confirmation of the Debtor's Plan of Reorganization dated April 2, 2013, as amended and modified on September 2, 2015, and November 9, 2015 (collectively the " Plan ") filed by K.A.P. ENTERPRISES, L.L.C. (...
REASONS FOR DECISION ROBERT SUMMERHAYS , UNITED STATES BANKRUPTCY JUDGE . The present matter before the court is a motion for partial summary judgment filed by Esther White Goldstein, Daniel Merritt Goldstein, Melissa Catherine Goldstein, Herman Aubrey White, III, Tiffany Leigh White, and Brittany Elisabeth White (the "Withdrawing Members"). The Withdrawing Members seek a partial summary judgment on whether a discount for marketability and illiquidity should be applied to the valuation of...
REASONS FOR ORDER ON MOTION TO DISALLOW ATTORNEY FEES AND APPLICATIONS TO EMPLOY JOHN W. KOLWE , Bankruptcy Judge . The following matters are before the court: (i) the Debtors' Motion to Disallow Attorney Fees ("Motion to Disallow") (Doc. 27) and the Objection and Opposition to that Motion filed by Spencer H. Calahan, L.L.C. ("Calahan") (Doc 34); (ii) the Application to Employ Spencer Calahan Injury Lawyers (Doc. 40); and (iii) the Application to Approve Compromise and to Employ and the...
REASONS FOR DECISION ROBERT SUMMERHAYS , UNITED STATES BANKRUPTCY JUDGE . This is an adversary proceeding between the debtor, Patricia Anderson, and multiple defendants involving a dispute over the ownership of a home healthcare business. Paul DeBaillon, the duly-appointed trustee in the above-captioned case, and Anderson (together, "plaintiffs") commenced this adversary proceeding seeking a declaratory judgment that Anderson and defendant Ruby Alfred formed a partnership for purposes of...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING CHAPTER 11 PLAN OF REORGANIZATION OF PORT AGGREGATES, INC. DATED MAY 4, 2015, AS IMMATERIALLY MODIFIED ON MAY 6, 2015 ROBERT SUMMERHAYS , Bankruptcy Judge . The Court held the Confirmation Hearing on June 9, 2015 at 11:00 a.m. C.S.T., and considered Confirmation of the Chapter 11 Plan of Reorganization of Port Aggregates, Inc. Dated May 4, 2015, as Immaterially Modified on May 6, 2015 (the " Plan ") (ECF Doc. 198),...
MEMORANDUM RULING ROBERT SUMMERHAYS , UNITED STATES BANKRUPTCY JUDGE . The present matters before the court are (1) a Motion for Contempt, to Compel, for Sanctions, and to Extend Time (the "Motion to Compel") and (2) a Motion to Traverse Privilege Log and to Compel (the "Motion to Traverse"). These motions were filed by Esther White Goldstein, Daniel Merritt Goldstein, Melissa Catherine Goldstein, Herman Aubrey White, III, Tiffany Leigh White, and Brittany Elisabeth White (the "Movants")...
