ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On August 16, 2017, the court heard a Motion for Relief from Automatic Stay ("RAS Motion") brought by Broker Solutions, Inc., dba New American Funding ("BSI"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On March 9, 2017, a voluntary Chapter 11 petition was filed by Harkey Operating Trust, a Minnesota Business...
ORDER ON MOTION TO COMPEL DEBTOR TO TURN OVER VALUE OF SCHEDULED NONEXEMPT PROPERTY OF THE ESTATE 1 MIKE K. NAKAGAWA , Bankruptcy Judge . There is one bad actor in this case and he does not work for Bank of America. 2 BACKGROUND On May 19, 2016, a voluntary Chapter 7 petition was filed by Fred Charles Rosen ("Debtor"). (ECF No. 1). Debtor was represented by attorney Robert C. Graham ("Attorney Graham"), doing business as Robert Graham & Associates and as Lawyers West. The case was...
ORDER ON MOTION TO COMPEL DEBTOR TO TURN OVER VALUE OF SCHEDULED NONEXEMPT PROPERTY OF THE ESTATE 1 MIKE K. NAKAGAWA , Bankrupcty Judge . There is one bad actor in this case and he does not work for Bank of America. 2 BACKGROUND On May 19, 2016, a voluntary Chapter 7 petition was filed by Fred Charles Rosen ("Debtor"). (ECF No. 1). Debtor was represented by attorney Robert C. Graham ("Attorney Graham"), doing business as Robert Graham & Associates and as Lawyers West. The case was...
SUPPLEMENTAL ORDER AND DECISION ON MOTION OF CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH FOR ORDER DIRECTING DISTRIBUTION OF PRE-PETITION LENDER NET LITIGATION PROCEEDS FOR APPLICATION TO INDEMNIFICATION OBLIGATIONS AND SETTING STATUS HEARING 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On March 30, 2017, the court entered its Memorandum Decision on the Motion of Credit Suisse AG, Cayman Islands Branch for Order Directing Distribution of Pre-Petition Lender Net Litigation Proceeds for Application...
ORDER ON EX PARTE APPLICATION FOR ORDER AUTHORIZING THE RETENTION AND EMPLOYMENT OF JOHN GALL, AZ AGRICULTURE SOLUTIONS LLC, AS WATER AND FARMING EXPERT FOR DEBTOR NUNC PRO TUNC TO NOVEMBER 1, 2016 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On January 26, 2017, a hearing was held on the Ex Parte Application for Order Authorizing the Retention and Employment of John Gall, AZ Agriculture Solutions LLC, as Water and Farming Expert for Debtor Nunc Pro Tunc to November 1, 2016 ("Ex Parte...
MEMORANDUM DECISION ON MOTION TO RECONSIDER ORDER ON EMERGENCY MOTION TO EXTEND TIME IN WHICH TO FILE AN AMENDED PLAN OF REORGANIZATION AND DISCLOSURE STATEMENT 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On January 5, 2017, the court heard the Motion to Reconsider Order on Emergency Motion to Extend Time in Which to File an Amended Plan of Reorganization and Disclosure Statement ("Reconsideration Motion") brought by Kerensa Investment Fund 2, LLC. BACKGROUND On September 9, 2011, a...
ORDER ON REORGANIZED DEBTORS' MOTION FOR: (I) PARTIAL SUMMARY JUDGMENT AS TO LIABILITY AGAINST WELLS FARGO BANK, N.A. AND WELLS FARGO HOME MORTGAGE RE: VIOLATION OF THE DISCHARGE INJUNCTION PURSUANT TO 11 U.S.C. 105(a) AND 524(a)(2); OR (II) IN THE ALTERNATIVE, FOR AN ORDER TREATING SPECIFIED FACTS AS ESTABLISHED 1 Honorable Mike K. Nakagawa , United States Bankruptcy Judge . On January 19, 2017, a hearing was held on the Reorganized Debtors' Motion for: (I) Partial Summary Judgment...
ORDER ON MOTION TO SET ASIDE VALUATION ORDER 1 Honorable Mike K. Nakagawa , United States Bankruptcy Judge . On January 19, 2017, the court heard the Motion to Set Aside Valuation Order ("Motion") brought by Wells Fargo Bank, N.A. and Wells Fargo Home Mortgage (jointly "Wells Fargo"). (ECF No. 787). Rushmore Loan Management Services, LLC ("Rushmore") and MTGLQ Investors, LP ("MTGLQ") joined in the Motion. (ECF No. 831). Opposition was filed by the above-captioned Debtors ("Opposition"). (...
ORDER ON MOTION TO CONVERT CASE TO CHAPTER 7 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On January 19, 2017, a hearing was held on the Motion to Convert Case to Chapter 7 ("Conversion Motion") (ECF No. 667) brought by Wells Fargo Bank, N.A. and Wells Fargo Home Mortgage (together "Wells Fargo"). The appearances of counsel were noted on the record. A joinder in the motion was filed by Rushmore Loan Management Services, LLC ("Rushmore") and MTGLQ Investors, LP ("MTGLQ"). (ECF No. 796)....
