MEMORANDUM ON RECONSIDERATION 2 KEVIN J. CAREY, Bankruptcy Judge. On October 31, 2011, this Court issued an Opinion on Confirmation (the "Confirmation Opinion") (D.I. 10133) and Order (D.I. 10134) denying confirmation of two competing plans of reorganization for the Debtors because both plans failed to meet the requirements of Bankruptcy Code 1129, as detailed in the opinion. 3 In re Tribune Co., No. 08-13141, 2011 WL 5142420 (Bankr.D.Del. Oct. 31, 2011). Currently before the Court are...
OPINION 1 MARY F. WALRATH, Bankruptcy Judge. Before the Court are the Motions of CDCF JIH Funding, LLC and ColFin JIH Funding, LLC (collectively "Colony") to dismiss the chapter 11 petition filed by JER/Jameson Mezz Borrower II, LLC ("Mezz II") and to obtain relief from the automatic stay. The Motions are opposed by Mezz II and its affiliates who have also filed chapter 11 petitions (collectively, the "Debtors"). For the reasons stated below, the Court will grant the Motions. I. FACTUAL...
MEMORANDUM OPINION 2 Related to Doc. No. 76, Plaintiffs Motion for Preliminary Injunction Related to Doc. No. 34, Motion for Preliminary Injunction 3 Related to Doc. No. 1, Complaint JUDITH K. FITZGERALD, Bankruptcy Judge. Before the court are two motions brought by the Plaintiffs in Adversary No. 09-52854 seeking a preliminary injunction to enforce the terms of two general releases (the "Prosser Parties' Release of RTFC" and the "Prosser Parties' Release of Greenlight," see Appendices...
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 KEVIN GROSS, Bankruptcy Judge. The task for the Court is to determine for ad valorem purposes the value of two riverboat casinos located in Lake County, Indiana. The Court conducted a three day evidentiary hearing in May, 2011, at which seven witnesses testified and numerous exhibits were introduced. FINDINGS OF FACT Background A. Procedural History On November 23, 2009, each of the Debtors filed a voluntary petition for relief under Chapter...
OPINION CHRISTOPHER S. SONTCHI, Bankruptcy Judge. INTRODUCTION The issue before this Court involves the Supreme Court's recent opinion in Stern v. Marshall. 1 Before turning to the merits of this case, however, the Court will set the table by offering its general observations as to the holding in Stern, its limits and its import. 1. Stern in no way limits the bounds of a bankruptcy court's subject matter jurisdiction. 2 At the very least the bankruptcy court must have "related to"...
MEMORANDUM OPINION KEVIN GROSS, Bankruptcy Judge. The Court is ruling on the Amended Motion of Los Angeles Dodgers LLC to Approve Marketing Procedures for Licensing of Telecast Rights (the "Amended Motion") (D.I. 783). The Amended Motion has the support of the Official Committee of Unsecured Creditors (the "Committee"). The sole objector is FOX Sports Net West 2, LLC ("FOX"), whose telecast rights are the subject of the Amended Motion. The ruling follows an evidentiary hearing on December 7-...
SONTCHI, Bankruptcy Judge. INTRODUCTION The issue before the Court is narrow and straightforward. The debtor made a preferential payment to a creditor. Subsequently (but prior to the bankruptcy), the creditor provided new value to the debtor for which the creditor was not paid, resulting in a reduction of the creditor's preference liability under the "subsequent new value" defense codified in section 547(c)(4) of the Bankruptcy Code. After the filing of the bankruptcy, the debtor sought and...
OPINION 1 BRENDAN LINEHAN SHANNON, Bankruptcy Judge. Before the Court is an adversary proceeding initiated by American LaFrance, LLC ("ALF" or the "Debtor") primarily to resolve its objection to the $8 million claim (the "Claim") [Docket No. 939, Proof of Claim No. 1003] filed by RT Jedburg Commerce Park, LLC ("RT Jed-burg"). RT Jedburg filed a motion for summary judgment (the "Motion") [Adv. Docket No. 25] asking the Court to overrule the objection. For the reasons set forth below, the...
MEMORANDUM OPINION KEVIN GROSS, Bankruptcy Judge. The plaintiff, Charles M. Moore, is the duly appointed trustee (the "Liquidation Trustee") of the CD Liquidation Trust created pursuant to the confirmed plan of liquidation of the substantively consolidated estates of CD Liquidation Co., LLC f/k/a Cynergy Data, LLC ("CD Liquidation"), CD Liquidation Co. Plus, LLC, f/k/a Cynergy Prosperity Plus, LLC ("CD Plus") and Cynergy Data Holdings, Inc. ("CD Holdings") and, together with CD Liquidation...
OPINION ON CONFIRMATION 2 KEVIN J. CAREY, Bankruptcy Judge. The Scorpion and the Fox 3 Once, long ago, there was a vast river that had to be crossed for animals to reach food and water. One day, Fox came to the river, and, as he stood contemplating the best place to cross the river safely, Fox's bitter enemy, Scorpion, came upon Fox. "Fox, as I was walking along the river bank looking for food, I noticed a particularly easy place to cross the river where the water is not so deep and the...
OPINION 1 BRENDAN LINEHAN SHANNON, Bankruptcy Judge. Before the Court is Indianapolis Downs, LLC's ("Indianapolis Downs" or the "Debtor") motion for a determination of the legality of certain taxes under 505(a) of the Bankruptcy Code 2 (the "Tax Motion"). 3 This contested matter 4 presents a dispute between Indianapolis Downs, a corporate debtor in the gaming industry, and the Indiana Department of Revenue (the "Department"), 5 a state taxing authority. The parties disagree over...
OPINION 1 SONTCHI, Judge. INTRODUCTION Before the Court is a motion filed by defendant Governor Business Solutions, Inc. ("GBSI") to dismiss an avoidance action for improper venue or, in the alternative, to transfer venue of the action to the Eastern District of Michigan. The Court will deny the motion to dismiss because section 1409 of Title 28 expressly allows a debtor to file an avoidance action in the district in which its bankruptcy case is pending. In addition, applying the 12 factor...
OPINION 1 CHRISTOPHER S. SONTCHI, Bankruptcy Judge. INTRODUCTION American Home Mortgage Corporation ("AHM") initiated this adversary proceeding by filing a complaint against Showcase of Agents ("Showcase") and Piero Orsi (collectively, the "Defendants") asserting claims for turnover, conversion, unjust enrichment, and an accounting almost three years after the incident giving rise to the claims. The Defendants filed a motion (the "Motion") to dismiss arguing that the complaint fails to...
MEMORANDUM OPINION 1 JUDITH K. FITZGERALD, Bankruptcy Judge. Before the Court are three motions filed by Garlock Sealing Technologies, Inc., (a Chapter 11 debtor in the Western District of North Carolina, Case No. 10-31607), related to statements filed under Fed. R.Bankr.P. 2019 in the above-captioned cases. Garlock filed motions for access to Rule 2019 statements and motions to intervene in each of the above cases. 2 In the cases that are closed it also filed motions to reopen. 3 Under...
MEMORANDUM OPINION PETER J. WALSH, Bankruptcy Judge. This opinion is with respect to Defendant's Motion for Attorneys' Fees, Costs, and Sanctions. (Doc. # 355.) For the reasons discussed below, I will grant the motion as to AutoZone's costs. Background This motion for sanctions follows the final determination of two actions brought by Montague S. Claybrook, as Chapter 7 Trustee ("Trustee") of the estates of American Remanufacturers, Inc. and nine affiliates (the "Debtors"), against AutoZone...
OPINION 1 BRENDAN LINEHAN SHANNON, Bankruptcy Judge. Before the Court is the motion to dismiss (the "Motion") [Adv. No. 11-51879, Adv. Docket No. 6], filed by Tabor Academy ("Tabor"). By the Motion, Tabor seeks the dismissal of the complaint (the "Complaint") [Adv. No. 11-51879, Adv. Docket No. 1] of Industrial Enterprises of America, Inc., f/k/a Advanced Bio/Chem, Inc. ("IEAM" or the "Plaintiff"). For the following reasons, the Court will grant in part and deny in part the Motion. I....
OPINION 1 CHRISTOPHER S. SONTCHI, Bankruptcy Judge. INTRODUCTION Before the Court is a motion filed by defendant McGillis/Eckman Investments-Billings, LLC ("McGillis") to dismiss the adversary proceeding (the "SWI Adversary") filed by plaintiff Sportsman's Warehouse, Inc. ("SWI"). McGillis asserts that the Court lacks subject matter jurisdiction over two of the six counts in the complaint ("SWI Complaint"). In the alternative, McGillis requests that the Court abstain from hearing those...
OPINION 1 BRENDAN LINEHAN SHANNON, Bankurptcy Judge. Before the Court is a motion to dismiss (the "Motion") [Adv. Docket No. 5] filed by the CIT Group/Business Credit, Inc. ("CIT"). By the Motion, CIT seeks the dismissal of all claims in the complaint and objection to claims, as amended (the "Complaint") [Adv. Docket No. 17] filed by the Official Committee of Unsecured Creditors (the "Committee") of Jevic Holding Corporation ("Jevic") that initiated this adversary proceeding. Pursuant to...
MEMORANDUM OPINION PETER J. WALSH, Bankruptcy Judge. This opinion is with respect to Thomas Var Reeve's motion to dismiss the complaint for lack of personal jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(2). (Doc. #48.) For the reasons discussed below, I will deny the motion. Background DBSI, Inc. and certain of its affiliates filed bankruptcy petitions under Chapter 11 of the Bankruptcy Code on November 6, 2008. A plan of liquidation was confirmed on October 26, 2010,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW PETER J. WALSH, Bankruptcy Judge. This is the Court's findings of fact and conclusions of law following a two-day trial on April 4 and 5, 2011. Montague S. Claybrook ("Trustee"), as chapter 7 trustee of the estates of debtors American Remanufacturers, Inc. ("ARI"), ATSCO Products, Inc. ("ATSCO"), and Car Component Technologies, Inc. ("CCT") (collectively, the "Companies"), seeks to collect roughly $4.5 million in accounts receivable from defendants...
