Case Information
*1
*2
FINDINGS RELATED TO MOTION FOR AUTHORITY TO COMPROMISE; FOR DISMISSAL OF INDIVIDUAL CASES; CLAIMS ALLOWANCE (ST. PAUL)
At Fresno, in the Eastern District of California. The Motion for Authority to Compromise; for Dismissal of Individual Cases: Claims Allowance (St. Paul) filed by all three Debtors was duly heard on October 26, 2005 at 1:30 p.m. pursuant to an order shortening time on notice to all creditors of all three estates. An objection was made by Fireman's Fund which was withdrawn at the hearing.
Prior to the hearing the Court considered the Motion, Brief and Declarations of Patrick Mauldin and Alan Dorfmeier in support of the Motion, the Objection filed by Fireman's Fund, the Response by the moving parties, and the arguments of counsel at the hearing. Appearances were entered by Todd Bailey on behalf of St. Paul Fire and Marine Insurance Company, Michael Lum and James Diwik on behalf of Fireman's Fund Insurance Company, Scott Belden for Mauldin-Dorfmeier Construction, Inc., Riley Walter for Patrick Mauldin and Alan Dorfmeier, and Thomas Armstrong on behalf of the MDC Creditor's Committee.
The Court having reviewed the matter, and good cause appearing, now therefore,
THE COURT HEREBY FINDS AND SET FORTH ON THE RECORD AS FOLLOWS:
- Due and proper notice of the relief requested was given to the required creditors and parties in interest.
- Fireman's Fund has withdrawn its Objection and there were no other objections to the relief sought.
- Notice of the intention to dismiss the individual Chapter 11 cases was adequate and dismissal of said individual Chapter 11 cases is for and in the best interests of creditors of those estates.
ORDER GRANTING MOTION FOR AUTHORITY TO COMPROMISE (St. Paul)
*3
- The compromise attached as Exhibit A to this Order satisfies each of the requirements commenced by the Ninth Circuit Court of Appeals in the A & C Properties. Inc. opinion reported at 784 F.2d 1377 ( Cir. 1986) and the compromise is for and in the best interests of creditors of all three bankruptcy estates.
- Good cause exists for approval of the Motion and the relief requested therein.
- Good cause exists for a waiver of any applicable ten day stays, if any.
- The approvals to these findings and the concurrently lodged Order Granting Motion for Authority to Compromise; For Dismissal of Individual Cases; Claims Allowance (St. Paul) may be in counterparts.
Dated: November 10 , 2006.
Approved as to form and content:
McDopadgR Holland & Allen PC
Yodd Bailey, Attorneys for St. Paul Fire and Marine Insurance Company
Thomas Armstrong, Attorney for the Creditor's Committee
Sedgwick, Detert, Moran & Arnold
Michael Lum, Attorneys for Fireman's Fund Insurance Company
ORDER GRAHTING MOTION FOR AUTHORITY TO COMPROMAISE (SL Paul)
*4
- The compromise attached as Exhibit A to this Order satisfies each of the requirements commenced by the Ninth Circuit Court of Appeals in the A & C Properties. Inc. opinion reported at 784 F.2d 1377 ( Cir. 1986) and the compromise is for and in the best interests of creditors of all three bankruptcy estates.
- Good cause exists for approval of the Motion and the relief requested therein.
- Good cause exists for a waiver of any applicable ten day stays, if any.
- The approvals to these findings and the concurrently lodged Order Granting Motion for Authority to Compromise; For Dismissal of Individual Cases; Claims Allowance ( St. Paul) may be in counterparts.
Dated: November , 2005.
Honorable Whitney RimeI United States Bankruptcy Judge 14 Approved as to form and content: McDopordH Holland & Allen PC 16 17 18 19 20 21 Thomas Armstrong, Attorney for the Creditor's Committee
Sedgwick, Detert, Moran & Arnold
OROER GRANTING MOTION FOR AUTHORITY TO COMPROMISE (St. Paul)
*5 Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball, LLP
Scott Belden, Attorneys for Debtor in Possession, Mauldin-Dorfmeier Construction, Inc. Submitted by:
Riley C. Walter, Attorneys for Debtors in Possession, Alan F. Dorfmeier and Patrick K. Mauldin