ORDER DENYING CONFIRMATION BRUCE A. MARKELL, Bankruptcy Judge. The Las Vegas Monorail Company ("LVMC"), debtor and debtor in possession in this case, owns and operates a 3.9 mile long monorail which connects several hotels in Las Vegas. 1 After many months of difficult negotiations, it seeks to confirm its plan of reorganization. For the reasons set forth below, confirmation is denied. As noted by others, "[t]he monorail was and is a fiasco." Richard L. Epling, Kerry A. Brennan & Kent P....
OPINION ON ALLOWANCE OF INTERIM FEES BRUCE A. MARKELL, Bankruptcy Judge. I. INTRODUCTION Gordon Silver and Jones Vargas, two law firms, represent the debtor, Las Vegas Monorail Company ("LVMC"). Gordon Silver is LVMC's primary restructuring counsel. Jones Vargas is their special corporate counsel. LVMC's case has been long, and both law firms have requested and received interim fees under Section 331 of the Bankruptcy Code. 1 On March 14, 2011, Gordon Silver filed its Third Interim Fee...
Opinion On Motion to Dismiss BRUCE A. MARKELL, Bankruptcy Judge. I. Introduction This case presents a simple issue: does a bankruptcy court have the power under 11 U.S.C. 105 to stay creditor actions if the automatic stay has lapsed under 11 U.S.C. 362(c)(3) This court finds it does. II. Background The debtors filed their chapter 13 case on June 27, 2011. That filing followed the dismissal of an earlier chapter 13 case on June 16, 2011. The debtors' first case was dismissed because...
OPINION BRUCE A. MARKELL, Bankruptcy Judge. Table of Contents I. Facts .............................................................767 A. BAPCPA and the Dismissal of Twenty-Five Bankruptcy Cases .......768 B. The April Fool's Day Press Release .............................769 C. Proceedings Related to Mr. Huntsman's Motion to Re-Open ........770 D. Mr. Huntsman's Motion to Redact and Related Proceedings ........772 II. Analysis of Mr. Huntsman's Violations of Rule 9011 ...............776 A....
ORDER ON MOTION TO APPROVE ASSET PURCHASE AND COMPROMISE OF CLAIMS 1 MIKE K. NAKAGAWA, Bankruptcy Judge. The Motion to Approve Asset Purchase and Compromise of Claims was heard on October 20, 2010. The appearances of counsel were noted on the record. After oral arguments were presented, the matter was taken under submission. BACKGROUND 2 HyLoft, Inc. ("Debtor") filed a voluntary Chapter 7 petition on March 1, 2010. The petition was signed by Michael Mikich ("Mikich"), in his capacity...
Opinion on Trustee's Turnover Motion BRUCE A. MARKELL, Bankruptcy Judge. Table of Contents I. Facts .................................................................... 564 II. Analysis ................................................................. 566 A. Section 542(e) and Privilege ........................................... 566 B. Governing Law .......................................................... 567 C. Does a Joint-Client Privilege Exist ....................................
REVISED OPINION BRUCE A. MARKELL, Bankruptcy Judge. I. Introduction and Facts All siblings fight. Rich siblings fight interminably. This case involves the continuing efforts of Carolyn Weidman to drive her sister Marian Mildred Stanton into penury. Stanton is 71 years old and a debtor in this court. It's not that Weidman doesn't have cause to be vexed and irritated at her sister. Weidman holds a Colorado state court judgment of over $525,000 against her sister for, among other things,...
