OPINION AND ORDER AFTER TRIAL SCOTT W. DALES, Bankruptcy Judge. For several days from December 2010 to June 2011, the court conducted a trial during which it heard from numerous witnesses and admitted thousands of pages of exhibits regarding a natural gas royalty dispute between Frontier Energy, LLC ("Frontier" or "Plaintiff") and Aurora Energy, Ltd. ("Aurora"). At the close of the Plaintiff's proofs, and upon Aurora's Motion for Judgment on Partial Findings, the court dismissed several of...
OPINION AND ORDER SCOTT W. DALES, Bankruptcy Judge. I. INTRODUCTION The court entered an Order to Show Cause on September 27, 2011 (the "Show Cause Order," DN 233) because it doubted the propriety of substantial excise tax refunds that Chapter 11 Debtor Michigan BioDiesel, LLC ("Debtor") and non-debtor Tall Pine Trading, LLC ("Tall Pine") were claiming from the United States Treasury. The Show Cause Order directed the Debtor to explain why the court should not appoint a Chapter 11 trustee...
OPINION AND ORDER SCOTT W. DALES, Bankruptcy Judge. I. INTRODUCTION AND JURISDICTION This matter comes before the court upon the Jordan River Liquidating Trust's objection to the Preferred Interests asserted by Jay and Patricia Merkle, jointly, and the Jay V. and Patricia J. Merkle Living Trust (the "Merkle Trust"). By the time of trial, the only interests remaining in dispute were those of Patricia J. Merkle ("Ms. Merkle") individually and as beneficiary of the Merkle Trust. 2 The...
OPINION RE: HUNTINGTON'S JULY 13, 2011 MOTION—AMENDMENT TO APRIL 28, 2009 PRETRIAL ORDER— CONSTITUTIONAL AUTHORITY JEFFREY R. HUGHES, Bankruptcy Judge. The Huntington National Bank ("Huntington") has filed a motion to amend my 1 April 28, 2009 pretrial order. The requested amendment would eliminate the order's designation of this adversary proceeding as a matter in which I can enter a final determination subject only to ordinary appellate review. Huntington contends that I lack the...
MEMORANDUM OF DECISION AND ORDER REGARDING DEFENDANT'S MOTION FOR JUDGMENT ON PARTIAL FINDINGS SCOTT W. DALES, Bankruptcy Judge. Frontier Energy, LLC ("Frontier" or "Plaintiff") filed this adversary proceeding against Aurora Energy, Ltd. ("Aurora"), which arises out of, or is otherwise related to, a lawsuit that Frontier filed against Aurora in Michigan's Charlevoix County Circuit Court (the "State Court Action"). The State Court Action, which predates Aurora's Chapter 11 bankruptcy...
OPINION AFTER TRIAL SCOTT W. DALES, Bankruptcy Judge. I. INTRODUCTION General Electric Capital Corporation ("GECC" or "Plaintiff') contends that Chapter 7 debtor Wayne G. Wickard ("Mr. Wickard" or "Defendant") knowingly and fraudulently made misstatements under oath in his bankruptcy schedules and statement of financial affairs by omitting significant transactions, failing to disclose assets, and undervaluing others, in order to retain the benefits of his prepetition property for himself,...
