Opinions
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Court Opinions Database
The court's provides free access of some opinions, at the discretion of the judges, for the years 1998 to present. The results shown below are automatically displayed for all years, all judges, and all keywords/topics.
A search may be performed using the Search box above, or filtering by year, judge, and/or keyword/topic. To search for more than one judge and/or keywords/topics simultaneously, hold down the Ctrl key (or Command key) and select each item.
| Keywords/Topic | Date | Title | Description | Judge | |
|---|---|---|---|---|---|
| Chapter 11, Confirmation | 04/08/2015 | Sunnyland Farms, Inc. |
Debtor sought confirmation of its Chapter 11 plan. Creditors objected, arguing that the plan was not proposed in good faith, was not feasible, and did not get the required votes. The court ruled that the plan was proposed in good faith and was feasible. The court also ruled that the debtor obtained the necessary votes because the claims of the objecting creditors had been objected to months before and could not be voted. Debtors had not sought temporary allowance of their claims for voting purposes. Setting aside the votes of the disputed claims, the remaining creditors had voted to accept the plan. |
Judge David T. Thuma | |
| Cause, Chapter 11, Dismissal or Conversion, Motion to Sell | 01/20/2015 | Angel Fire Water Co., LLC. |
Debtor filed motion to sell certain assets, while the U.S. Trustee and several creditors filed motions to convert the case to Chapter 7. The Court denied the motion to sell and granted the conversion motions. In so doing the Court found that cause existed to convert under Section 1112(b), but ruled that a small business debtor's failure to file or confirm a plan within the deadlines set forth in the Code does not constitute cause. |
Judge David T. Thuma | |
| Chapter 11, Classification of Claims, Confirmation | 10/22/2014 | Nancy Akbari-Shamirzadi |
Debtor sought confirmation of her Chapter 11 plan. The only vote received rejected the plan. Debtor argued that confirmation was appropriate because the non-voting creditors were deemed to have accepted the plan. The court ruled that the actual acceptance of an impaired class is required for confirmation, and further that once a vote has been received from a member of a class, deemed acceptance by non-voting members is no longer available. |
Judge David T. Thuma | |
| Adversary, Cause, Chapter 11, Dismissal or Conversion | 09/09/2014 | Sunnyland Farms, Inc. |
Creditors filed a motion to convert Debtor's Chapter 11 case to a case under Chapter 7. The Court denied Creditors' motion for failure to establish that cause for conversion existed under 11 U.S.C. 1112(b). |
Judge David T. Thuma | |
| Chapter 11, Dismissal, Dismissal or Conversion, Good Faith | 04/11/2014 | Melanie Milasinovich |
U.S. Trustee filed motion to dismiss debtor's Chapter 11 case for cause. Based on the record and docket, the Court found that there was cause to dismiss the case with prejudice to refiling for 180 days. The cause included the inability to effectuate a plan, improper purpose for filing, and bad faith. The dismissal with prejudice was based upon debtor's willful failure to attend hearings and prosecute the case. |
Judge David T. Thuma | |
| Automatic Stay, Chapter 11, Summary Judgment | 02/19/2014 | Melanie Milasinovich |
Creditor granted relief from the automatic stay to obtain possession of Santa Fe house from the Chapter 11 debtor in possession. The Debtor's interest in the house was foreclosed pre-petition, and the house sold by a special master. Despite losing ownership, the debtor continued to live in the house and rent it out to tenants, seeking bankruptcy protection when threatened with a writ of assistance to evict her. |
Judge David T. Thuma | |
| Chapter 11, Confirmation, Dismissal or Conversion | 02/07/2014 | PADDA Hotels, LLC |
Bank objected to hotel debtor's proposed 100% plan of reorganization on feasibility grounds. The Court took evidence and found that the debtor had carried its burden of proving that the plan offered a reasonable prospect of success and is workable. The Court confirmed the plan and denied the Bank's motion to dismiss. |
Judge David T. Thuma | |
| Abstention, Chapter 11, Confirmation, Judicial Estoppel, Jurisdiction | 01/16/2014 | Tres Hermanos Dairy, LLC. |
In a chapter 11 case, a creditor asked the Court to determine whether the confirmation order modified its treatment under the confirmed plan. The debtor objected to the requested relief, argued that the court lacked jurisdiction, and argued that the court should abstain. The court overruled the debtor's jurisdiction argument, ruled that neither mandatory nor permissive abstention was required, and ruled that the confirmation order did modify creditor's plan treatment. |
Judge David T. Thuma | |
| Chapter 11 | 08/27/2013 | Kaye Elizabeth Sandford |
Individual debtor's motion to modify confirmed chapter 11 plan is denied, under a discretionary standard |
Judge David T. Thuma | |
| Abstention, Chapter 11, Dismissal or Conversion, Public Utility, Turnover | 04/26/2013 | Picacho Hills Utility Company, Inc. |
Motion to dismiss for bad faith filing; Motion to abstain pursuant to § 305; and Motion to excuse compliance with § 543(a). |
Judge David T. Thuma |