In re Pope Vineyards

12 Citing cases

  1. In re Weatherly Frozen Food Group, Inc.

    133 B.R. 862 (Bankr. N.D. Ohio 1991)   Cited 3 times

    He is readily available to travel to appear in California and the inconvenience is less as to him than as to the creditors.In re Pope Vineyards, 90 B.R. 252, 258 (Bkrtcy.S.D.Tex. 1988). That is, Mr. Recca stated that the employees at the Ohio facility determine which employees to hire for operation of which machines that are necessary for production. As previously stated, Debtor currently employs in excess of 100 people at the Toledo plant.

  2. Walker v. Directory Distribution Assocs., Inc. (In re Directory Distrib. Assocs., Inc.)

    566 B.R. 869 (Bankr. S.D. Tex. 2017)   Cited 5 times

    The pending dispute, i.e., whether this Court should transfer venue of the Texas Proceeding to the California Court or the Missouri Court, is a core proceeding pursuant to. § 157(b)(2)(A) because it affects the administration of the Debtor's Chapter 11 estate. SeeIn re Pope Vineyards , 90 B.R. 252, 254 (Bankr. S.D. Tex. 1988) (concluding that a motion to transfer venue is a core proceeding); In re Red Door Prop. Mgmt., LLC, No. 11-02704-KMS, 2011 WL 5592910, at *2 (Bankr. S.D. Miss. Nov. 16, 2011) (same). Specifically, this Court's transfer of venue of the Texas Proceeding will affect the administration of the Debtor's Chapter 11 case because, among other things, the Texas Proceeding involves claims asserted by the Plaintiffs against the Debtor, and these claims must necessarily be liquidated, or at least estimated, in order for the Debtor to obtain confirmation of any plan of reorganization that it proposes and attempts to confirm in the Missouri Court.

  3. In re Enron Corp.

    284 B.R. 376 (Bankr. S.D.N.Y. 2002)   Cited 24 times
    Finding affiliates "intertwined" such that circumstances dictated venue transfer

    However, the "intertwined relationship" analysis does not necessarily require this Court to examine whether SJG and Enron Corp. have shared assets and liabilities. In In re Pope Vineyards, the debtor, Pope Vineyards ("Pope") was based in Napa County, California but filed for voluntary Chapter 11 in the Southern District of Texas. Pope Vineyards, 90 B.R. 252 (Bankr.S.D.Tex. 1988). Pope was in the business of grape growing and wine making.

  4. Matter of Sporting Club at Illinois Ctr.

    132 B.R. 792 (Bankr. N.D. Ga. 1991)   Cited 26 times
    Determining that entity was not an affiliate of debtor for purposes of venue statute where the debtors were not "parties to any lease or operating agreement"

    In re Commonwealth Oil Refining Co., 596 F.2d 1239 (5th Cir. 1979); In re Butcher, 46 B.R. 109 (Bankr.N.D.Ga. 1985); In re Geis, 66 B.R. 563 (Bankr.N.D.Ga. 1986); see also In re Paul Rothman Industries, Ltd., Case No. 84-03194A (Bankr.N.D.Ga. September 13, 1984) (B.J. Kahn); Waits, 70 B.R. at 594-95; In re Ridgely Communications, Inc., 107 B.R. 72 (Bankr.D.Md. 1989); In re Pope Vineyards, 90 B.R. 252 (Bankr.S.D.Tex. 1988); Townsend, 84 B.R. at 767. The record shows that the Illinois and Boca Raton Clubs have few connections with this district.

  5. In re Swann Ltd. Partnership

    128 B.R. 138 (D. Md. 1991)   Cited 31 times
    Refusing to certify court's discretionary decision regarding change of venue and noting that "courts have regularly found that discretionary venue decisions are not open to interlocutory appeal"

    While the bankruptcy judge in the case at bar chose to deny the change of venue, most courts when confronted with a single asset bankruptcy have chosen to transfer venue to the location of the asset. See In re Steele Cattle, supra.; ICMR, Inc. v. Tri-City Foods, Inc., 100 B.R. 51, 53 (D.Kan. 1989); In re Pope Vineyards, 90 B.R. 252, 258 (Bankr.S.D.Tex. 1988); In re Old Delmar Corp., 45 B.R. 883 (E.D.N.Y. 1985); In re Landmark Capital, supra. Therefore, there is plainly ground for a difference of opinion on the issue.

  6. In re Red Door Property Management LLC

    CASE NO. 11-02704-KMS (Bankr. S.D. Miss. Nov. 16, 2011)

    28 U.S.C. § 1334140828 U.S.C. § 157In re GroshongGroshongGroshongGroshongSee In re Enron Corp., 274 B.R. 327, 342 (Bankr. S.D.N.Y. 2002) (motion to transfer venue is core matter as it concerns administration of estate); In re Pope Vineyards, 90 B.R. 252, 254 (Bankr. S.D. Tex. 1988) (motion to transfer venue is a matter concerning the administration of the estate within 28 U.S.C. § 157(b)(2)(A) and is a core proceeding); In re Ridgely Commc’ns, Inc., 107 B.R. 72, 77 (Bankr. D. Md. 1989). 2.

  7. In re Red Door Prop. Mgmt. LLC

    CASE NO. 11-02704-KMS (Bankr. S.D. Miss. Nov. 16, 2011)

    This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A). See In re Enron Corp., 274 B.R. 327, 342 (Bankr. S.D.N.Y. 2002) (motion to transfer venue is core matter as it concerns administration of estate); In re Pope Vineyards, 90 B.R. 252, 254 (Bankr. S.D. Tex. 1988) (motion to transfer venue is a matter concerning the administration of the estate within 28 U.S.C. § 157(b)(2)(A) and is a core proceeding); In re Ridgely Commc'ns, Inc., 107 B.R. 72, 77 (Bankr. D. Md. 1989). Facts and Procedural Background

  8. In re Interlink Home Health Care Inc.

    283 B.R. 429 (Bankr. N.D. Tex. 2002)   Cited 6 times
    Transferring case from Delaware to Texas

    See e.g. In re Moss, 249 B.R. 411, 425 (Bankr.N.D.Tex. 2000); In re Consolidated Companies, 113 B.R. 269, 274 (Bankr.N.D.Tex. 1989); In re Pope Vinyards, 90 B.R. 252, 255 (S.D.Tex. 1988). Commonwealth Oil, 596 F.2d at 1247.

  9. IN RE PICO

    CASE NO. 01-41202-BJH-11 (Chapter 11); ADVERSARY NO. 01-4034 (Bankr. N.D. Tex. Jul. 11, 2001)

    See, e.g., In re Moss, 249 B.R. 411 (Bankr.N.D.Tex. 2000); In re Weatherly Frozen Food Group, Inc., 133 B.R. 862 (Bankr. W.D. Ohio 1991); In re Pope Vineyards, 90 B.R. 252 (Bankr.S.D.Tex. 1988); In re Toxic Control Technologies, Inc., 84 B.R. 140 (Bankr.N.D.Ind. 1988). In exercising its discretion, this Court must weigh a number of factors including:

  10. In re Moss

    249 B.R. 411 (Bankr. N.D. Tex. 2000)   Cited 37 times   2 Legal Analyses
    Finding that putative debtor was not paying her debts as they became due because her unpaid claims totaled 99% of her total debts, she only paid those claims she wanted to pay and she attempted to delay creditors through transfers of assets

    See, e.g., In re Weatherly Frozen Food Group, Inc., 133 B.R. 862 (Bankr.N.D.Ohio 1991); In re Pope Vineyards, 90 B.R. 252 (Bankr.S.D.Tex. 1988); In re Toxic Control Technologies, Inc., 84 B.R. 140 (Bankr. N.D.Ind. 1988). In exercising its discretion, this Court must weigh a number of factors including: