FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: CONFIRMATION OF SECOND AMENDED AND MODIFIED PLAN OF REORGANIZATION PATRICIA C. WILLIAMS, Bankruptcy Judge. This matter came on for hearing upon the Second Amended And Modified Plan Of Reorganization that was filed by Mid-Mountain Machinery, Inc. ("Mid-Mountain") on October 5, 2012. The Court considered the comments of counsel, and the records and files herein, including the following: Second Amended Disclosure Statement [Docket No. 183];...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FRANK L. KUTZ, Bankruptcy Judge. This matter having come on regularly on motion of Plaintiffs for Summary Judgment against Defendant and Defendant choosing to not contest Plaintiffs' motion and the court having reviewed the files and records herein to include without limitation, the Certified Statement of Ken Myer, the Court does herewith make the following: FINDINGS OF FACT 1. At Mr. Weishaar's request Plaintiffs established a checking account and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: MODIFICATION OF CHAPTER 11 PLAN (All entities entitled to service are registered participants in the CM/ECF System in this case.) PATRICIA C. WILLIAMS, Bankruptcy Judge. This Court, having considered the pleadings and files herein, the Declaration of Margie Flesland, and argument of counsel, enters the following FINDINGS OF FACT 1. The Modification of Chapter 11 Plan ("Modification") filed by Creditor Margie Flesland on April 19, 2012 complies...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FRANK L. KURTZ, Bankruptcy Judge. THIS MATTER having come before the above-entitled Court for confirmation, such Confirmation Hearing was held by telephone conference on April 10, 2012, and the Court having read the Declaration of Mark Young, Debtor herein, and having reviewed the Plan and the Trustee's Confirmation Summary, and having heard the arguments of counsel, makes the following: FINDINGS OF FACT I. Debtors filed the above-captioned voluntary...
MEMORANDUM DECISION RE: PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT PATRICIA C. WILLIAMS, Bankruptcy Judge. This partial summary judgment presents a very narrow legal issue. Does 11 U.S.C. 523(a)(19) 1 allow a bankruptcy court to determine dischargeability of a claim arising from a violation of securities laws only after an administrative or other judicial body has found a violation to occur or may the bankruptcy court itself determine whether a violation exists BACKGROUND This...
