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United States Bankruptcy Court for the District of Colorado
September 23, 2022, Decided
Case No. 22-10521-JGR, Chapter 11, Subchapter V
[*221] ORDER CONVERTING CHAPTER 11 CASE TO CHAPTER 7
This matter is before the Court on the Motion to Convert Chapter 11 Case to Chapter 7 (Doc. 149; "Motion") filed by PdC, LLC; Timothy Flaherty; Timothy Kneen; and Riviera Country Club, S. de R.L. de C.V. (collectively, "PdC Creditors") on May 6, 2022, and Debtor's Objection and Response in Opposition thereto (Doc. 175; "Response") filed by Debtor Michael Roberts, Sr. on May 20, 2022. On June 29-30, 2022, the Court held an evidentiary hearing on this matter. Following the hearing, the parties submitted proposed findings of fact and conclusions of law. Having considered the parties' submissions, the evidence presented to the Court, and being otherwise fully advised in the premises, the Court makes the following findings and conclusions.
Roberts is an individual investor who has been engaged in litigation with the PdC Creditors for at least four years. He filed this case while in jail for civil contempt [**2] of the Denver District Court. As a result of other orders entered by the Denver District Court, the PdC Creditors hold a writ of attachment on substantially all of Roberts' assets and an injunction prohibiting Roberts from conveying, transferring, encumbering, selling, disposing, or otherwise affecting the location or ownership of any of the assets. Roberts filed his Chapter 11 case on the eve of a damages hearing in the Denver District Court, shortly after he filed a motion to continue the damages hearing for the third time but before the Denver District Court ruled on the motion.
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644 B.R. 220 *; 2022 Bankr. LEXIS 2781 **; 2022 WL 4592086
In re: MICHAEL J. ROBERTS, SR. SSN/EIN: xxx-xx-XXXX, Debtor.
district court, bad faith, Convert, contempt, orders, damages, conversion, cannabis, adversary proceedings, entity, foreclosure, liquidated, properties, state court, factors, jail, marijuana, writ of attachment, bankruptcy case, best interest, reorganization, pre-petition, judgments, argues, purge, preliminary injunction, evidentiary hearing, bankruptcy court, transferring, appointment
Bankruptcy Law, Bankruptcy, Conversion & Dismissal, Reorganizations, Lack of Good Faith, Evidence, Burdens of Proof, Preponderance of Evidence, Civil Procedure, Judicial Officers, Judges, Discretionary Powers, Individuals With Regular Income, Liquidations, Effects of Dismissal