Filed: Aug. 22, 2018
Latest Update: Aug. 22, 2018
Summary: MEMORANDUM DECISION AND ORDER WITHDRAWING THE REFERENCE and FINDING MOOT MOTION FOR STATUS CONFERENCE ORDER DISMISSING THE CASE ORDER FINDING MOOT MOTION FOR STATUS CONFERENCE DAVID NUFFER , District Judge . ORDER WITHDRAWING REFERENCE — Case No. 2:18-cv-00608-DN In Case No. 2:18-cv-00608-DN, the United States filed a motion to withdraw the reference 1 of Bankr. No. 18-bk-24865 (Chapter 11) due to this court's familiarity with the facts underlying the dispute between the United States a
Summary: MEMORANDUM DECISION AND ORDER WITHDRAWING THE REFERENCE and FINDING MOOT MOTION FOR STATUS CONFERENCE ORDER DISMISSING THE CASE ORDER FINDING MOOT MOTION FOR STATUS CONFERENCE DAVID NUFFER , District Judge . ORDER WITHDRAWING REFERENCE — Case No. 2:18-cv-00608-DN In Case No. 2:18-cv-00608-DN, the United States filed a motion to withdraw the reference 1 of Bankr. No. 18-bk-24865 (Chapter 11) due to this court's familiarity with the facts underlying the dispute between the United States an..
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MEMORANDUM DECISION AND ORDER WITHDRAWING THE REFERENCE and FINDING MOOT MOTION FOR STATUS CONFERENCE
ORDER DISMISSING THE CASE
ORDER FINDING MOOT MOTION FOR STATUS CONFERENCE
DAVID NUFFER, District Judge.
ORDER WITHDRAWING REFERENCE — Case No. 2:18-cv-00608-DN
In Case No. 2:18-cv-00608-DN, the United States filed a motion to withdraw the reference1 of Bankr. No. 18-bk-24865 (Chapter 11) due to this court's familiarity with the facts underlying the dispute between the United States and RaPower-3, LLC and other defendants in Case No. 2:15-cv-00828 DN. In its response, RaPower-3 agreed that this Court should withdraw the reference.2 This motion3 is GRANTED. The reference of In re: RAPOWER-3, LLC, Bankr. No. 18-bk-24865 (Chapter 11) is WITHDRAWN.
ORDER DISMISSING In re: RAPOWER-3, LLC, Bankr. No. 18-bk-24865 (Chapter 11)
In In re: RAPOWER-3, LLC, Bankr. No. 18-bk-24865 (Chapter 11), the United States moved to dismiss RaPower-3's bankruptcy petition, with findings that the filing was in bad faith, or for alternative relief.4 RaPower-3's response disavowed bad faith in filing its petition but agreeing that the petition should be dismissed.5 The United States replied insisting that dismissal with prejudice and adverse findings is appropriate.6 RaPower-3 filed its own motion to dismiss, insisting that these findings should not be made.7
Deep familiarity with the facts of this case, after extensive motion practice and bench trial, with numerous exhibits; careful review of proposed findings of fact and conclusions of law; availability of transcripts of trial; timing of the filing which has prevented entry of final orders including a receivership order; review of the bankruptcy case filings; and review of papers on these motions shows that the filing was clearly in bad faith and that dismissal of the bankruptcy case should be with prejudice to any filing within 180 days.8 The summary in pages 6-13 of the motion to dismiss9, and the United States' reply10 to the debtor's arguments are correct statements of the facts, and correct application of the law.
MOTION FOR STATUS CONFERENCE IS MOOT Case No. 2:15-cv-00828 DN and Case No. Case No. 2:18-cv-00608-DN
The United States' Motion for Status Conference or in the Alternative Request to Submit for Decision11 is found MOOT.
