YBA Nineteen, LLC v. IndyMac Venture, LLC (In re YBA Nineteen, LLC)
Opinion
Lead Opinion
Hayes, J.
ORDER
The matter before the Court is the appeal of the “Order Converting Case to One Under Chapter 7” (“Order Converting Case”), issued by the Bankruptcy Court on October 4, 2013. (ECF No. 1).
I. Background
This is the third appeal to this Court in this bankruptcy proceeding. See In re YBA Nineteen, S.D. Cal. Case No. 13cv1326-WQH-RBB; In re YBA Nineteen, S.D. Cal. Case No. 13cv2239-WQH-RBB. 1 The Court presumes familiarity with its Orders issued in the other appeals.
A. Proceedings Prior to the October 3, 2013 Status Conference
Debtor, YBA Nineteen, LLC, filed a voluntary Chapter 11 petition on January 31, 2013. On March 6, 2013, the Bankruptcy Court entered an Order entitled, “Order Re: Chapter 11 Petition 1) Setting Status Conference; 2) Setting Compliance Deadlines; 3) Setting Disclosure Statement and Plan Filing Deadlines; and 4) Setting Sanctions, If Appropriate, Including Dismissal, Conversion or Appointment of a Chapter 11 Trustee or Examiner Because of Noncompliance with Above-Reference[d] Requirements” (the “Scheduling Order”). (Notice of Lodgment Supp. Mot. for Stay, Ex. C at 1, ECF No. 4-2 at 14). The Scheduling Order states: