MEMORANDUM DECISION JOEL T. MARKER, Bankruptcy Judge. On March 7, 2011, EnTitle Insurance Company sued Christopher Durling and other defendants in the United States District Court for the District of Colorado, alleging state law claims of breach of contract, fraudulent concealment, and fraudulent transfer. Not long thereafter, the parties entered into a Settlement and Release Agreement on September 30, 2011. The Settlement Agreement provided that the parties agreed to the entry of a consent...
JOEL T. MARKER, Bankruptcy Judge. Affects All Debtors Affects Only the Substantively Consolidated Debtors Affects only Castle Arch Opportunity Partners I, LLC Affects only Castle Arch Opportunity Partners II, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING FIRST AMENDED CHAPTER 11 TRUSTEE'S PLAN OF LIQUIDATION DATED FEBRUARY 25, 2013, AS MODIFIED The matter before the Court is confirmation of the First Amended Chapter 11 Trustee's Plan of Liquidation Dated...
FINDINGS AND CONCLUSIONS REGARDING CONFIRMATION OF DEBTOR'S PLAN OF LIQUIDATION UNDER CHAPTER 11 R. KIMBALL MOSIER, Bankruptcy Judge. This matter came before the Court on June 6, 2013 at 10:00 a.m. (the " Confirmation Hearing ") to consider confirmation of the plan under chapter 11 of the Bankruptcy Code dated May 2, 2013 [Docket No. 151] (the " Plan ") filed by xVita, LLC, debtor-in-possession (the " Debtor "). George B. Hofmann appeared on behalf of the Debtor. Other counsel and parties-in-...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONFIRMATION OF TRUSTEE'S PLAN OF REORGANIZATION DATED MAY 30, 2013 R. KIMBALL MOSIER, Bankruptcy Judge. The Trustee's Plan of Reorganization dated April 23, 2013 (the "April 23 Plan")(docket no. 663), 1 came on for confirmation hearing as scheduled on Thursday, May 30, 2013. Appearances of counsel were made as noted on the record of the hearing. At the hearing, counsel for the Trustee announced that the Trustee had agreed with the United...
FINDINGS AND CONCLUSIONS REGARDING CONFIRMATION OF DEBTOR'S PLAN OF REORGANIZATION WILLIAM T. THURMAN, Bankruptcy Judge. The Court conducted a hearing on May 28, 2013 at 2:00 p.m. (the "Confirmation Hearing") to consider confirmation of the Debtor's Revised Plan of Reorganization Dated April 12, 2013 [Docket No. 37] (the "Plan") filed by Steven P. White (the "Debtor"). Steven C. Strong appeared at the hearing on behalf of the Debtor. Other appearances were noted on the record. Based upon...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER CONFIRMING DEBTOR'S MODIFIED PLAN OF REORGANIZATION WILLIAM T. THURMAN, Bankruptcy Judge. Confirmation of the Debtor's Modified Plan of Reorganization [docket # 181] (the "Plan"), came on for hearing before the Honorable William T. Thurman on April 18, 2013, at 2:00 p.m. Proper notice of the confirmation hearing having been made, the Bankruptcy Court, 1 having considered the matters before it, including the Plan, the Plan ballots, the testimony...
MEMORANDUM DECISION JOEL T. MARKER, Bankruptcy Judge. Zions First National Bank, N.A. seeks relief from the automatic stay pursuant to 11 U.S.C. 362(d)(1) and Fed. R. Bankr. P. 4001 1 so that it may foreclose against real property held in trust for the benefit of Allan James Cornia ("Debtor" or "Mr. Cornia"). Zions argues that the property titled in the name of the trust is not property of the estate and that Zions cannot be compelled to accept payments on a note to which Mr. Cornia is not...
MEMORANDUM DECISION JOEL T. MARKER, Bankruptcy Judge. Robert Geringer filed a claim against Castle Arch Real Estate Investment Company, LLC for over $7 million in wages, rent, and indemnification relating to his work with the company prior to bankruptcy, and the Trustee objected to the claim. Conceding that the evidence to support his claim is largely circumstantial—the indemnification that makes up the bulk of the claim was never reduced to a formal written agreement—Geringer testified that...
EX PARTE APPLICATION FOR ORDER GRANTING TRUSTEE'S MOTION FOR DETERMINATION OF TAX LIABILITY WILLIAM T. THURMAN, Bankruptcy Judge. Gary E. Jubber, the Chapter 11 trustee, and the Plan Trustee under the Confirmed Chapter 11 Plan in the above-entitled case (" Trustee "), through counsel, Fabian & Clendenin, hereby applies ex parte for entry of an Order granting the Trustee's Motion for Determination of Tax Liability dated February 13, 2013 (the " Motion "). In support of this application,...
ORDER GRANTING IN PART TRUSTEE'S FIFTH MOTION TO APPROVE SETTLEMENT AGREEMENTS This matter came before the Court for hearing on February 26, 2013, on the Trustee's Fifth Motion to Approve Settlement Agreements (" Motion ") (Dkt. No. 2232). At the hearing, the Trustee was represented by Daniel Dansie. Owell Precast was represented by Tyler Foutz. Hidden Splendor was represented by Engels Tejeda. The Trustee's Motion addresses settlement agreements which have the potential to resolve two...
ORDER SUSTAINING TRUSTEE'S OBJECTION TO EXEMPTIONS WILLIAM T. THURMAN, Bankruptcy Judge. The trustee, Michael F. Thomson ("Trustee"), filed his Trustee's Objection to Exemptions (the "Objection") and his Notice of Trustee's Objection to Exemptions and Notice of Opportunity for Hearing (the "Notice") on January 31, 2013. The Notice and Objection were served on the Debtor and her counsel; however, no objection was filed in the allowed time and therefore no hearing is necessary. Based...
ORDER GRANTING CHAPTER 7 TRUSTEE'S AMENDED EX PARTE MOTION FOR EXAMINATION AND PRODUCTION OF DOCUMENTS UNDER FED. R. BANKR. P. 2004 AND LOCAL RULE 2004-1 (ARNOLD SWENSON) The Honorable WILLIAM T. THURMAN, Bankruptcy Judge. The matter before the Court is the Chapter 7 Trustee's Amended Ex Parte Motion for Examination and Production of Documents Under Fed. R. Bankr. P. 2004 and Local Rule 2004-1 (Arnold Swenson) (the " Motion "). The Court has considered the Motion and applicable law....
ORDER GRANTING CHAPTER 7 TRUSTEE'S AMENDED EX PARTE MOTION FOR EXAMINATION AND PRODUCTION OF DOCUMENTS UNDER FED. R. BANKR. P. 2004 AND LOCAL RULE 2004-1 (JULIE ANDERSON) The Honorable WILLIAM T. THURMAN, Bankruptcy Judge. The matter before the Court is the Chapter 7 Trustee's Amended Ex Parte Motion for Examination and Production of Documents Under Fed. R. Bankr. P. 2004 and Local Rule 2004-1 (Julie Anderson) (the " Motion "). The Court has considered the Motion and applicable law....
ORDER APPROVING TRUSTEE'S FINAL REPORT AND ALLOWING APPLICATIONS FOR COMPENSATION The Trustee filed a Final Report and Applications for Compensation which have been reviewed by the United States Trustee. Notice of the Trustee's Final Report and notice of hearing has been given, if applicable, to all creditors and parties in interest and the Court has considered the Trustee's Final Report and Applications for Compensation. The Court found that the Trustee has complied with all noticing and...
ORDER GRANTING SECOND STIPULATION AND JOINT MOTION FOR MODIFICATION OF SCHEDULING ORDER R. KIMBALL MOSIER, Bankruptcy Judge. This matter is before the Court on the Second Stipulation and Joint Motion for Modification of Scheduling Order (the " Joint Motion "), submitted by Plaintiff Gil A. Miller, Chapter 11 Trustee and Defendant Richard Miller. Pursuant to the Joint Motion, the parties request a modification of the Order Governing Scheduling and Preliminary Matters entered on October 14,...
ORDER GRANTING SECOND STIPULATION AND JOINT MOTION FOR MODIFICATION OF SCHEDULING ORDER R. KIMBALL MOSIER, Bankruptcy Judge. This matter is before the Court on the Second Stipulation and Joint Motion for Modification of Scheduling Order (the " Joint Motion "), submitted by Plaintiff Gil A. Miller, Chapter 11 Trustee and Defendant REM Capital. Pursuant to the Joint Motion, the parties request a modification of the Order Governing Scheduling and Preliminary Matters entered on October 14, 2011...
DEFAULT JUDGMENT WILLIAM T. THURMAN, Chief Bankruptcy Judge. The Court, having reviewed the Motion for Entry of Default Judgment Against Defendants Alexander Lindale, LLC, Wilford R. Blum and Stephen G. Bennett ("Motion") filed by Plaintiff Copper King Mining Corporation ("Plaintiff"), does hereby find that: A. Defendants Alexander Lindale, LLC, a Minnesota limited liability company, Wilford R. Blum, an individual, and Stephen G. Bennett, an individual ("Defendants") were served with the...
DEFAULT JUDGMENT WILLIAM T. THURMAN, Chief Bankruptcy Judge. The Court, having reviewed the Motion for Entry of Default Judgment ("Motion") filed by Plaintiffs Copper King Mining Corporation and Western Utah Copper Company ("Plaintiffs"), does hereby find that: A. Defendant William Shupe, an individual, was served with the Summons and Complaint ("Complaint") in this action in compliance with Rule 4 of the Federal Rules of Civil Procedure made applicable herein through Rule 7004 of the...
ORDER GRANTING RELIEF FROM AUTOMATIC STAY The Court, having considered the Motion for Relief From the Automatic Stay ("Motion") filed by Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-2, Asset-Backed Certificates, Series 2007-2 ("Movant") and noting that the Motion, Notice of Hearing, and other supporting documents were properly served on all parties entitled to notice, and finding that no objection has been filed, and other good cause appearing, IT IS HEREBY...
ORDER GRANTING IN PART TRUSTEE'S FIFTH MOTION TO APPROVE SETTLEMENT AGREEMENTS This matter came before the Court for hearing on February 26, 2013, on the Trustee's Fifth Motion to Approve Settlement Agreements (" Motion ") (Dkt. No. 2232). At the hearing, the Trustee was represented by Daniel Dansie. Owell Precast was represented by Tyler Foutz. Hidden Splendor was represented by Engels Tejeda. The Trustee's Motion addresses settlement agreements which have the potential to resolve two...
