Marshack

Marshack v. Sunwize Technologies, Inc. (In re DRI Companies)

Good Law
552 B.R. 195
United States Bankruptcy Court, Central District of CaliforniaJune 30, 2016Case No. 8:13-bk-12153-SC (Jointly Administered with 8:13-bk-12154-SC, 8:13-bk-12156-SC); Adversary No. 8:15-ap-01421-SCCalifornia1,749 words

Opinion

Lead Opinion

Clarkson, J.

ORDER DENYING MOTION TO TRANSFER, ALTERNATIVELY, MOTION TO STAY

I. Introduction

This matter is before the Court on a Motion to Transfer Venue, Alternatively, Motion to Stay [Dk. 25] (“Motion”), seeking to transfer the Marshack v. SunWize fraudulent transfer adversary proceeding .from the U.S. Bankruptcy Court for the Central District of California (“Bankruptcy Court”) to the U.S. District Court for the District of Arizona (“District Court”) pursuant to 28 U.S.C. § 1412 and Federal Rule of Bankruptcy Procedure (“Rule”) 1014(a). The Trustee filed an opposition [Dk. 31] (“Opposition”), and Movant filed a reply [Dk. 32] (“Reply”). This matter came on for hearing on June 29, 2016. Jeffrey L. Sklar, Esq. of Lewis Roca Ro-thgerber Christie LLP appeared on behalf of MCA Financial Group, Ltd, by and through Keith Bierman, as receiver for Eco Clean Solar, Inc. (“Receiver”); Judith Marshack, Esq. of Marshack & Hays, LLP appeared on behalf of the chapter 7 trustee, Richard Marshack (“Trustee”). Other appearances, if any, were as noted on the record. Based upon the Motion, Opposition, Reply, and the record as a whole, and for the reasons set forth on the record and as more fully discussed…

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