MEMORANDUM OPINION FRANK R. ALLEY, III, Chief Judge. INTRODUCTION The Debtors-in-Possession ask the Court to confirm their third amended plan of reorganization (Docket #193). A hearing on confirmation was convened on August 23, 2012. At the conclusion of the hearing, the Court took the matter under submission, and asked the parties to submit post-hearing memoranda on the application of Code 1129(b) in light of recent developments in Ninth Circuit case law. After reviewing the testimony and...
ELIZABETH L. PERRIS, Bankruptcy Judge. Dear Counsel: In her Motion for Clarification, Ms. Brann requested that the court allow her Claim #17 for Tier 2 fees, now that the issue of the appropriate postpetition interest rate has been resolved. In reviewing the files in the main case and adversary proceeding, I determined that there are some loose ends that should be cleaned up to make resolution of the remaining matters more efficient. 1. Tier 2 Fees A. Objection to Claim #17 Although...
ELIZABETH L. PERRIS, Bankruptcy Judge. Dear Counsel: On September 6, 2012, Heather Brann filed a Motion to Compel Discovery in this adversary proceeding. I have concluded that I can rule on the motion without hearing. The purpose of this letter is to explain my ruling. Brann's motion is unclear about what relief she seeks, which makes ruling on the motion more difficult. She says that Sterling Savings Bank has refused to produce Rule 30(b)(6) witnesses for deposition, but then in her...
Sterling's Motion to Quash ELIZABETH L. PERRIS, Bankruptcy Judge. Dear Counsel: At the hearing on September 6, 2012, on Sterling Savings Bank's Motion to Quash, I indicated that I would rule in writing on Sterling's objection to the scope of the subjects listed in Brann's Rule 30(b)(6) subpoenas to Jane Doe Attorney and Corey the Auditor. After reviewing Brann's Counterclaims #14 and 15 against Sterling and the list of topics in both subpoenas, I conclude that many of the topics are either...
ELIZABETH L. PERRIS, Bankruptcy Judge. Dear Counsel: At the close of the August 10, 2012, hearing on confirmation of debtor's proposed chapter 11 plan, I indicated that I would rule in writing. The objecting creditor, Heather Brann, advised the court that she had two objections remaining after certain amendments to the plan and confirmation order language were worked out before and during the hearing. The purpose of this letter is to give you my ruling on those two remaining issues: (1)...
MEMORANDUM OPINION THOMAS M. RENN, Bankruptcy Judge. On October 31, 2011, Plaintiffs Charles and Sarah Grogan ( Plaintiffs ) filed a voluntary Chapter 11 petition. On December 15, 2011, they filed the instant adversary proceeding. Their second amended complaint filed April 3, 2012 (the " Complaint ") contains two claims. The first is for a declaration that Defendants Harvest Capital Company ( Harvest ) and Demeter Ag, LLC ( Demeter ) do not have liens consisting of valid perfected security...
