FINDINGS OF FACT AND CONCLUSIONS OF LAW JOEL T. MARKER , Bankruptcy Judge . The hearing on confirmation of the Debtor's Plan of Reorganization, dated October 30, 2015 filed by Finger Lickin' Brands, LLC, the Debtor and Debtor-In-Possession [docket #204] (the "Plan"), was held before the Honorable Joel T. Marker on December 10, 2015 at 10:00 a.m. Blake D. Miller and Deborah R. Chandler of Miller Toone, P.C. appeared on behalf of the Debtor; Darwin Bingham appeared on behalf of Quarry Bend;...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JOEL T. MARKER , Bankruptcy Judge . The hearing on confirmation of the Debtor's Plan of Liquidation, dated May 7, 2015 filed by UD Dissolution Corp., the Debtor and Debtor-In-Possession [docket #91] (the "Plan"), was held before the Honorable Joel T. Marker on July 9, 2015 at 10:00 a.m. Blake D. Miller and Deborah R. Chandler of Miller Toone, P.C. appeared on behalf of the Debtor; Peter W. Billings of Fabian Clendenin appeared on behalf of the...
MEMORANDUM DECISION JOEL T. MARKER , Bankruptcy Judge Ralph Merrill has been a thorn in Jason Maughn's side since at least January 20, 2012, when Ralph, Rex Merrill, RGMF Ltd. Partnership, and Vector Arms, Inc. filed a lawsuit in Utah State Court against Maughn and Vector Arms, Corp. ("Debtor"), essentially alleging that Maughn fraudulently induced Ralph into transferring control of Vector Arms, Inc.'s assets and inventory to Maughn and that he breached a contract with Ralph for the...
MEMORANDUM DECISION R. KIMBALL MOSIER , Bankruptcy Judge . Debtor DigitalBridge Holdings, Inc. borrowed money from three lenders, who mistakenly thought their security interests had been perfected. DigitalBridge had undertaken the responsibility to file the lenders' UCC financing statements, but a filing error left their interests unperfected. DigitalBridge later borrowed money from another lender, which properly perfected its security interest, giving it priority over the other lenders....
FINDINGS AND CONCLUSIONS REGARDING CONFIRMATION OF JOINT PLAN OF REORGANIZATION WILLIAM T. THURMAN , Bankruptcy Judge . This matter came before the Court on September 1, 2015 at 2:00 p.m. (the " Confirmation Hearing ") to consider confirmation of the Joint Plan of Reorganization of the Debtor and Committee dated August 4, 2015 [Docket No. 223] and the Joint Motion for Entry of Order Approving Modifications to the Plan of Reorganization [Docket No. 252] (the " Motion to Modify "), both...
MEMORANDUM DECISION JOEL T. MARKER , U.S. Bankruptcy Judge . There is much that is undisputed in this denial of discharge proceeding brought by the Chapter 7 Trustee against Donald and Monica Biorge. On the eve of bankruptcy, Donald transferred two parcels of valuable real property to a limited liability company owned by the Biorges, and the Biorges failed to disclose the transfer, the existence of the property, and the company to which the property was transferred. In response to the...
MEMORANDUM DECISION WILLIAM T. THURMAN , U.S. Bankruptcy Judge . The Court has three matters before it in this adversary proceeding filed by Peggy Hunt, the Chapter 7 Trustee and Plaintiff. The first is Defendant Brian Steffensen's Renewed Motion for Summary Judgment (the "Renewed Motion"). The second is the Trustee's Motion for Partial Summary Judgment (the "Motion for Partial Summary Judgment"). The third is the Trustee's Motion to Strike Defendant's Deposition Corrections Pursuant to...
MEMORANDUM DECISION WILLIAM T. THURMAN , U.S. Bankruptcy Judge . Naartjie Custom Kids, Inc. ("Naartjie" or the "Debtor"), joined by the Unsecured Creditor's Committee (the "Committee"), moves this Court to dismiss its Chapter 11 case (the "Motion to Dismiss"). Upon dismissal, however, the Debtor requests that the orders of this Court remain in full force and effect and that release and exculpation provisions be included in the order dismissing the case. Only the United States Trustee...
[Consolidated Proceedings Regarding C.W. Mining Company Coal Proceeds Issues] MEMORANDUM DECISION R. KIMBALL MOSIER , U.S. Bankruptcy Judge . The Court is addressing two matters in this Memorandum Decision. The first is the Motion for Partial Summary Judgment with Respect to Accounts (Motion) filed by Gary E. Jubber, the Chapter 11 Trustee (Trustee) of the bankruptcy estate of C.W. Mining and Plaintiff in this consolidated adversary proceeding (Consolidated Proceeding). The second is the...
FINDINGS AND CONCLUSIONS IN SUPPORT OF JUDGMENT EXCEPTING DEBT FROM DISCHARGE UNDER 11 U.S.C. 523(a)(2)(A) R. KIMBALL MOSIER , U.S. Bankruptcy Judge . Zions First National Bank (Zions) thinks Bryan John Taylor's (Taylor) debt to it should be excepted from discharge. The Court agrees with Zions. After considering the evidence, including facts as stipulated to or admitted by the parties, as adduced from testimony, or as established by the introduction of exhibits, and after assessing the...
MEMORANDUM DECISION JOEL T. MARKER , Bankruptcy Judge . "It is one thing to prevent expiration, and quite another to attempt to breathe life back into something which has already died." 1 The Debtor in this chapter 11 case has operated its business in leased premises for around nine years, and the Debtor now asks this Court to allow assumption of its commercial lease. But the lessor objects to the assumption and requests stay relief along with a determination that there is no viable...
FINDINGS OF FACT AND CONCLUSIONS OF LAW WILLIAM T. THURMAN, Bankruptcy Judge. The hearing on confirmation of the Debtor's Plan of Reorganization, dated December 11, 2014 filed by SLC Inn LLC, the Debtor and Debtor-In-Possession [docket #79] (the "Plan"), was held before the Honorable William T. Thurman on January 29, 2015 at 2:00 p.m. Blake D. Miller of Miller Toone, P.C. appeared on behalf of the Debtor; David H. Leigh of Ray Quinney & Nebeker appeared on behalf of Wells Street Capital VII...
ORDER DENYING MOTION FOR ESTIMATION OF CLAIMS R. KIMBALL MOSIER , U.S. Bankruptcy Judge . The motion of Grass Valley Holdings, L.P. (Debtor), for estimation of claims came before the Court on October 13, 2015. Gary E. Jubber and Douglas J. Payne of Fabian VanCott appeared on behalf of the Debtor, Evan A. Schmutz and Aaron R. Harris of Durham Jones & Pinegar appeared on behalf of the Debtor as special counsel, Adelaide Maudsley of Kirton McConkie appeared on behalf of Standard Plumbing...
