In re Mego Financial Corp.

Full title: In re: MEGO FINANCIAL CORP. and dba LEISURE INDUSTRIES CORPORATION OF…

Court: United States Bankruptcy Court, D. Nevada

Date published: Mar 30, 2004

Case No. BK-N-03-52300-GWZ through BK-N-03-52304-GWZ, (Jointly Administered) (Bankr. D. Nev. Mar. 30, 2004)

Opinion

Case No. BK-N-03-52300-GWZ through BK-N-03-52304-GWZ, (Jointly Administered).

March 30, 2004

KAARAN E. THOMAS, ESQ., ROBERT SPEAR, ESQ., BECKLEY SINGLETON, CHTD., Las Vegas, Nevada, Attorneys for Castle Creek Technologies Partners, LLP.

JUDY CALTON, ESQ., HONIGMAN, MILLER SCHWARTZ AND COHN LLP, Detroit, MI, Attorneys for Alan Bentley, Trustee.

ORDER GRANTING IN PART AND DENYING IN PART CASTLE CREEK'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND FOR SANCTIONS

GREGG ZIVE, Chief Judge, Bankruptcy

On March 22, 2004, after notice as required by law, came on for hearing the Motion of Castle Creek Technologies Partners, LLP ("Castle Creek"), to Compel Production Of Documents and for Sanctions (the "Motion to Compel"). Castle Creek appeared by and through its counsel Kaaran Thomas, Esq, of BECKLEY SINGLETON, CHTD. Alan Bentley, the Trustee, appeared by telephone and by and through his attorney Judy Calton, Esq. of Honigman, Miller, Schwartz and Cohn LLP. and Joan Wright, Esq. of the firm of Allison, Mackenzie, Russell, Pavlakis, Wright Fagan Ltd.

The Court, having considered the pleadings and evidence submitted by the parties and the argument of counsel has determined that the Motion to Compel should be granted in part as follows:

1. Trustee shall provide to Castle Creek, by and through its attorney of record, by April 5, 2004, an affidavit stating the location of each of the promissory notes listed on Exhibit "A" to this Order.

2. Trustee shall provide to Castle Creek, by and through its attorneys of record, by April 5, 2004, an affidavit stating the attempts to obtain the inventory referred to in the Declaration of Dana Myers filed with this Court, Docket No. 1390 and if it cannot be located, why it cannot be located.

3. Trustee shall cooperate and consent to Castle Creek's access to Wells Fargo for the purpose of copying the notes and collateral documents in which Castle Creek claims a security interest. Said copies shall be made at Castle Creek's expense and shall be admissible as originals in any proceeding before this Court.

4. Castle Creek's Motion for Sanctions, and all other relief requested in the Motion to Compel, is DENIED.