In Re Ridge II

Marshack v. Mesa Valley Farms L.P. (In Re Ridge II)

Good Law

1993 WL 372132·158 B.R. 1016·1993 Bankr. LEXIS 1354

United States Bankruptcy Court, Central District of CaliforniaSeptember 17, 1993Bankruptcy No. SA 87-06062JB, Adv. No. SA 91-4119JBCalifornia4,515 words

Opinion

Barr, J.

MEMORANDUM OPINION ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

JURISDICTION

Defendants filed a motion for summary judgment. This court has jurisdiction in this matter pursuant to 11 U.S.C. § 1334 (a) (the district courts shall have original and exclusive jurisdiction of all cases under Ti- tie 11), 28 U.S.C. § 157 (a) (authorizing the district courts to refer all Title 11 cases and proceedings to the bankruptcy judges for the district) and General Order No. 266, dated October 9, 1984 (referring all Title 11 cases and proceedings to the bankruptcy judges for the Central District of California). This matter is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(A) and § 157(b)(2)(E).

FACTUAL BACKGROUND

In September, 1983, World Wide Finance and Mortgage Corporation (“WWFM”), Harry & Margaret Buck, Bruce & Jane McCandless and Chuance Beane (collectively the “Limited Partners”) entered into a limited partnership agreement (“Agreement”) with H. Lee Walters (“Walters”) and Irving Jordan, as the General Partners (“Partners”), to form the “Ridge II” limited partnership (i.e., the debtor in this bankruptcy case, referred to hereinafter as “the Ridge” or “Debtor”). Apparently,…

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