MEMORANDUM DECISION ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON ONLY THE PLAINTIFFS' CONVERSION CLAIM AGAINST BLACK IRON, LLC AND MEMORANDUM IN SUPPORT (DKT. NO. 399) WILLIAM T. THURMAN , U.S. Bankruptcy Judge . I. Introduction The matter before the Court is the Plaintiffs' Motion for Summary Judgment on Plaintiffs' Conversion Claim against Black Iron, LLC and Memorandum in Support (the "Motion") filed on October 15, 2018 at Dkt. No. 399. The Plaintiffs in this action will be...
MEMORANDUM DECISION R. KIMBALL MOSIER , U.S. Bankruptcy Judge . General Aeronautics Corporation and other related companies have tried to build and market gyroplanes for over 30 years, but business has not been easy. Funding shortfalls have been common, and the company could not afford to pay employees their full compensation for significant stretches of time. When the last shortfall hit in early 2015, many of its remaining employees resigned or were laid off. The company received new...
MEMORANDUM DECISION ON DEFENDANTS/THIRD-PARTY PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON BLACK IRON, LLC'S CLAIMS AND MEMORANDUM IN SUPPORT (DKT. NO. 67) WILLIAM T. THURMAN , U.S. Bankruptcy Judge . I. Introduction The matter before the Court is the Defendants/Third-Party Plaintiffs' Motion for Summary Judgment on Black Iron, LLC's Claims and Memorandum in Support (the "Motion") filed on October 15, 2018 at Dkt. No. 67. The Defendants and Third-Party Plaintiffs in this action will be...
FINDINGS AND CONCLUSIONS REGARDING CONFIRMATION OF DEBTOR'S AMENDED PLAN OF LIQUIDATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE R. KIMBALL MOSIER , Bankruptcy Judge . This matter came before the Court on December 4, 2018, at 1:00 p.m. (the " Confirmation Hearing ") to consider confirmation of the Amended Plan of Liquidation under Chapter 11 of the Bankruptcy Code, dated October 26, 2018 [Docket No. 521] (the " Plan "), filed by III Exploration II LP, debtor-in-possession (the " Debtor ")....
MEMORANDUM DECISION ON TRUSTEE'S OBJECTION TO DEBTOR'S AMENDED CLAIM OF EXEMPTION (DOCKET NO. 21) KEVIN R. ANDERSON , U.S. Bankruptcy Judge . The matter before the Court is the Objection to Debtor's Amended Claim of Exemption (hereinafter the "Trustee's Objection") filed by the Chapter 7 Trustee assigned to the above-captioned bankruptcy case, Mary M. Hunt. 1 The issues are: (1) what constitutes property of the estate when a divorce is filed pre-petition, but a divorce decree is entered...
MEMORANDUM DECISION GRANTING THE STUDIOS' MOTION FOR RELIEF FROM STAY KEVIN R. ANDERSON , U.S. Bankruptcy Judge . I. INTRODUCTION The matter before the Court is a motion for relief from stay to allow the film studios to continue their prosecution of pending copyright litigation against the Debtor in the Central District of California. The Court has heard the arguments of counsel, heard the testimony of witnesses, and received exhibits into evidence as noted on the record. The Court has...
FINDINGS AND CONCLUSIONS REGARDING CONFIRMATION OF DEBTOR'S PLAN OF REORGANIZATION JOEL T. MARKER , Bankruptcy Judge . This matter came before the Court on October 23, 2018 at 10:00 a.m. (the "Confirmation Hearing" ) to consider confirmation of the Debtor's Plan of Reorganization dated August 13, 2018 [Docket No. 442] (as it may be modified pursuant to the Confirmation Order, the "Plan" ), to consider the Motion for Entry of Order Approving Modifications to the Debtor's Plan of...
MEMORANDUM DECISION ON COUNTERCLAIM DEFENDANTS' MOTION TO DISMISS KEVIN R. ANDERSON , U.S. Bankruptcy Judge . The parties have a long, acrimonious history involving litigation in the Illinois federal court. In that forum, Plaintiffs obtained a significant judgment against the Debtors and engaged in extensive efforts to collect the judgment. These actions ultimately resulted in the Debtors filing for bankruptcy relief under Chapter 7. However, Plaintiffs have continued to pursue the Debtors...
MEMORANDUM DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 57) KEVIN R. ANDERSON , U.S. Bankruptcy Judge . I. INTRODUCTION. This case involves whether an exculpatory clause in a contract shields an inspector from over $1 million in liability arising from a failure to identify a flaw in the design and construction of high-pressure tanker trailers that resulted in a purely economic injury to the Debtor. On December 15, 2015 George B. Hofmann (the "Trustee"), in his capacity...
MEMORANDUM DECISION GRANTING RYAN B. AND MYRNA WHITE'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 57) KEVIN R. ANDERSON , U.S. Bankruptcy Judge . I. Introduction Over twenty years ago, Theodore William White, Jr. (the "Debtor") was accused, arrested, and incarcerated for a crime he did not commit. Approximately seven years after his initial arrest, and after multiple proceedings, trials, and appeals, the Debtor was exonerated on all charges and released from prison. Shortly thereafter,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING DEBTORS' PLAN OF REORGANIZATION DATED JUNE 19, 2018 R. KIMBALL MOSIER , Bankruptcy Judge . Confirmation of the Debtors' Plan of Reorganization Dated June 19, 2018 [docket # 93] (the "Plan"), came on for hearing before the Honorable R. Kimball Mosier on August 8, 2018 at 1:00 p.m. Proper notice of the confirmation hearing has been made. The Bankruptcy Court, 1 having considered the matters before it, including the Plan, the Plan ballots,...
MEMORANDUM DECISION WILLIAM T. THURMAN , Bankruptcy Judge . The matters before the court are the Motion of Tamra Mining Company, LLC ("Tamra") to Enforce Sale Order and Enjoin and/or Dismiss Purchased Claims ("Tamra's Motion to Enforce" or "Tamra's Motion"), filed February 15, 2018; 1 Noble Americas Corporation's ("Noble") Motion to Enforce Order Granting Motion Pursuant to Federal Rules of Bankruptcy Procedure 9019 and 7041 to Approve Stipulation for Dismissal with Prejudice by and...
MEMORANDUM DECISION WILLIAM T. THURMAN , Bankruptcy Judge . I. Introduction The matter before the Court is Defendant CML Metals Corporation's ("CML") Motion Under Rule 15(a) for Leave to File Amended Answer (the "Motion to Amend"). CML seeks to file an Amended Answer in order to reassert certain affirmative defenses based on alleged fraud and mistake. The Plaintiffs, Wells Fargo Rail Corporation and Helm Pacific Leasing ("Wells Fargo") objected to the Motion to Amend on several grounds. A...
STIPULATED FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT TO TRUSTEE'S MOTION FOR LIMITED SUBSTANTIVE CONSOLIDATION AND JOINT ADMINISTRATION KEVIN R. ANDERSON , Bankruptcy Judge . This matter came before the Court on May 15, 2018 (the "Hearing"), upon the Trustee's Motion For Limited Substantive Consolidation and Joint Administration (the "Motion") [TNC Docket No. 118, TSI Docket No. 7]. Parties in interest, and their counsel, noted their appearances upon the record of the Hearing....
FINDINGS OF FACT AND CONCLUSIONS OF LAW R. KIMBALL MOSIER , Bankruptcy Judge . The hearing on confirmation of the Trustee's Plan of Liquidation, Dated February 22, 2018, As Modified 1 (the " Plan ") filed by Gary E. Jubber, the duly appointed Chapter 11 Trustee of the above-captioned bankruptcy estate (the " Trustee ") was held before the Honorable R. Kimball Mosier on May 17, 2018 at 10:00 a.m. (the " Confirmation Hearing "). Gary E. Jubber appeared as the Chapter 11 Trustee and Douglas...
MEMORANDUM DECISION ON APPLICATIONS FOR COMPENSATION (DOCKET NOS. 76 AND 81) AND FINAL REPORT (DOCKET NO. 80) KEVIN R. ANDERSON , Bankruptcy Judge . The matters before the Court are: (1) the First and Final Application for Allowance of Attorney Fees and Costs (the "Special Counsel's Application") filed by Prince, Yeates & Geldzahler; (2) the Chapter 7 Trustee J. Kevin Bird's Proposed Final Report ("Final Report"); and (3) the Trustee's Application for Compensation and Reimbursement of...
MEMORANDUM DECISION JOEL T. MARKER , U.S. Bankruptcy Judge . A law firm is a service business where the most valuable assets walk out the door each evening. From 2009 to 2015, Steven Brook Millard worked in the law office of Joseph Wrona. The two attorneys envisioned a profitable plaintiffs' practice where Wrona would provide financing, and the two would split any collection of contingent fees. However, the vision was not fulfilled, and Millard left Wrona's practice owing his employer over...
MEMORANDUM DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 57) RE: CHOICE-OF-LAW KEVIN R. ANDERSON , U.S. Bankruptcy Judge On December 15, 2015 George B. Hofmann (the "Trustee"), in his capacity as Chapter 7 Trustee of the Mountain West Industries, LLC bankruptcy case, filed this adversary proceeding against Damarc Quality Inspection, Services, LLC ("Damarc") for breach of contract, professional negligence, recovery of fraudulent transfers, and a denial of Damarc's claims...
MEMORANDUM DECISION ON LYNN E. WARDLEY'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 58) KEVIN R. ANDERSON , Bankruptcy Judge . I. Introduction Theodore William White, Jr. ("White" or the "Debtor") and Lynn E. Wardley ("Wardley") were engaged in several business transactions wherein Wardley would advance funds and the Debtor would operate the businesses. Wardley allegedly advanced over $1.5 million toward these ventures, for which the Debtor was allegedly directly or indirectly liable....
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HEARING HELD ON MARCH 20, 2018, RELATED TO CONFIRMATION OF THE DEBTOR'S PLAN OF REORGANIZATION DATED JANUARY 30, 2018. R. KIMBALL MOSIER , Bankruptcy Judge . The Debtor's Plan of Reorganization Dated January 30, 2018 (the "Plan") proposed by the Debtor and Debtor in Possession, Johns Trucking, Inc. (the "Debtor") came on for hearing on March 20, 2018. All appearances were noted on the record. The Court makes the following findings of fact and...
