MEMORANDUM OPINION WHITMAN L. HOLT , Bankruptcy Judge . The Bankruptcy Code contains many sections providing broad and flexible powers for courts to deploy to facilitate the rehabilitation of a given debtor based on the context of that debtor's case. Perhaps the most notable power (and probably the most incorrectly invoked) rests in Bankruptcy Code section 105(a)'s general enabling authority. There are myriad other broad grants of authority to be found, however, including in Bankruptcy...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONFIRMATION OF DEBTORS' SECOND AMENDED PLAN OF REORGANIZATION FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER come on for hearing on January 16, 2020 for confirmation of Debtors proposed 2nd Amended Plan of Reorganization (the "Plan") (ECF #405). William L. Hames and John W. O'Leary appearing for Debtors; Deborah Crabbe appearing for creditor Bank of the West; David Eash appearing for creditor EPL Feed, LLC; and James Perkins...
ORDER RESOLVING ALL PENDING MOTIONS AND MATTERS WHITMAN L. HOLT , Bankruptcy Judge . The court issues this order to resolve all pending motions and matters in the above-captioned case and to explain why the court declines to consider any further filings in connection with this dismissed case. BACKGROUND The purported debtors, Mario Botello Soria and Leticia Ramirez Garcia ("Petitioners"), 1 held themselves out as spouses in a putative joint chapter 7 petition. 2 Because Petitioners are...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CRAM-DOWN INTEREST RATE FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER came before the court on the Confirmation Hearing which took place on January 16, 2020 (ECF No. 564). The court reviewed the files and records herein including pleadings filed in connection with the supplemental telephonic hearing held on February 4, 2020, heard argument of counsel and testimony from Kevin Gilbert and Lucas Kartic, is fully advised in the premises,...
NOT FOR PUBLICATION MEMORANDUM DISPOSITION RESOLVING COMPETING MOTIONS FOR PARTIAL SUMMARY JUDGMENT Related Docket Nos. 41, 42, 43, 44, 47, 48, 49, 50, 51, 52, 53, 54 & 55 WHITMAN L. HOLT , Bankruptcy Judge . The Bankruptcy Code grants bankruptcy trustees an array of powers, exercise of which sometimes produces harsh results for those who did nothing wrong but failed to comply with a seemingly technical legal requirement. Among those powers is the ability to avoid certain pre-bankruptcy...
