Bank of Montreal v. Collins et al

Filing 23

ORDER signed by Judge Lawrence K. Karlton on 03/26/12 ORDERING that the hearing on this appeal is RE-SCHEDULED for 04/23/12 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The parties are advised that Frederick Scott Salyer has ent ered a plea of guilty, U.S. v. Salyer, 10 Cr. 61 (03/23/12), and that a contested sentencing hearing is currently scheduled for 07/10/12. Appellees shall file a letter with this court within 7 days advising this court whether they still require a sta y of the bankruptcy court proceedings in light of the guilty plea. The letter shall be no longer than two pages in length, and shall only advise the court, and shall not argue, re-argue or supplement their appeal papers. Appellant (the Trustee) may file a responsive letter within 7 days from the date of appellees' letter which shall be subject to the same constraints as were imposed on appellees. (Benson, A.)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 In re: 8 9 SK FOODS, L.P., a California limited partnership, et al., 10 Debtors. 11 BRADLEY D. SHARP, Chapter 11 Trustee, 12 Appellant, 13 v. CIV. NO. S-11-1839 LKK 14 15 FRED SALYER IRREVOCABLE TRUST, 16 Appellee. / 17 In re: 18 19 SK FOODS, L.P., a California limited partnership, et al., 20 Debtors. 21 BRADLEY D. SHARP, Chapter 11 Trustee, 22 Appellant, 23 v. CIV. NO. S-11-1840 LKK 24 SKF AVIATION, LLC, et al., 25 Appellees. 26 / 1 In re: 2 SK FOODS, L.P., a California limited partnership, et al., 3 Debtors. 4 5 BRADLEY D. SHARP, Chapter 11 Trustee, 6 Appellant, 7 8 9 v. CIV. NO. S-11-1841 LKK SCOTT SALYER, as trustee of the Scott Salyer Revocable Trust, et al., 10 Appellees. / 11 In re: 12 SK FOODS, L.P., a California limited partnership, et al., 13 Debtors. 14 15 BRADLEY D. SHARP, Chapter 11 Trustee, Appellant, 16 v. 17 18 CIV. NO. S-11-1842 LKK SSC FARMS 1, LLC, et al., Appellees. 19 / 20 In re: 21 SK FOODS, L.P., a California limited partnership, et al., 22 Debtors. 23 24 25 26 BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc, a California corporation, d/b/a 2 1 Colusa County Canning Co., 2 Appellant, 3 4 v. CIV. NO. S-11-1845 LKK SCOTT SALYER, et al., 5 Appellees. / 6 In re: 7 SK FOODS, L.P., a California limited partnership, et al., 8 Debtors. 9 10 11 12 BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc, a California corporation, d/b/a Colusa County Canning Co., 13 Appellant, 14 v. CIV. NO. S-11-1846 LKK 15 INTERNAL REVENUE SERVICE, et al., 16 Appellees. / 17 In re: 18 19 SK FOODS, L.P., a California limited partnership, et al., 20 Debtors. 21 22 23 24 25 26 BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc, a California corporation, d/b/a Colusa County Canning Co., Appellant, v. 3 CIV. NO. S-11-1847 LKK 1 CSSS, L.P., 2 Appellee. / 3 In re: 4 SK FOODS, L.P., a California limited partnership, et al., 5 Debtors. 6 7 8 9 BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc, a California corporation, d/b/a Colusa County Canning Co., CIV. NO. S-11-1849 LKK 10 Appellant, 11 v. 12 13 CALIFORNIA FRANCHISE TAX BOARD, et al., 14 Appellees. / 15 In re: 16 SK FOODS, L.P., a California limited partnership, et al., 17 Debtors. 18 19 20 21 BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc, a California corporation, d/b/a Colusa County Canning Co., 22 Appellant, 23 v. 24 25 26 CALIFORNIA FRANCHISE TAX BOARD, et al., Appellees. 4 CIV. NO. S-11-1850 LKK 1 / In re: 2 3 SK FOODS, L.P., a California limited partnership, et al., 4 Debtors. 5 6 7 8 BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc, a California corporation, d/b/a Colusa County Canning Co., 9 Appellant, 10 11 CIV. NO. S-11-1853 LKK v. CARY SCOTT COLLINS, et al., 12 Appellees. / 13 In re: 14 15 SK FOODS, L.P., a California limited partnership, et al., 16 Debtors. 17 18 19 20 BANK OF MONTREAL, as Administrative Agent, successor by Assignment to Debtors SK Foods, L.P. and RHM Industrial Specialty Foods, Inc, a California corporation, d/b/a Colusa County Canning Co., CIV. NO. S-11-1855 LKK Appellant, 21 v. 22 O R D E R 23 CARY SCOTT COLLINS, et al., 24 Appellees. / 25 26 //// 5 1 2 The hearing on this appeal is hereby re-scheduled for April 23, 2012 at 10:00 a.m. 3 The parties are advised that Frederick Scott Salyer has 4 entered a plea of guilty, U.S. v. Salyer, 10 Cr. 61 (March 23, 5 2012), 6 scheduled for July 10, 2012. and that a contested sentencing hearing is currently 7 Appellees shall therefore file a letter with this court no 8 later than seven days from the date of this order advising this 9 court whether they still require a stay of the bankruptcy court 10 proceedings, in light of the guilty plea. 11 longer than two pages in length, and shall only advise the court, 12 and shall not argue, re-argue or supplement their appeal papers. 13 Appellant (the Trustee), may file a responsive letter, no 14 later than seven days from the date of appellees’ letter, which 15 shall be subject to the same constraints as were imposed on 16 appellees. 17 IT IS SO ORDERED. 18 DATED: March 26, 2012. 19 20 21 22 23 24 25 26 6 The letter shall be no

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