McFarland v. California Bank & Trust et al

Filing 2

ORDER signed by Senior Judge William B. Shubb on 12/21/2016 ADOPTING the 1 Proposed Findings of Fact and Conclusions of Law; DISMISSING Count 10 of the Amended Complaint; DISMISSING Count 9 as to the five obligations incurred by IMG in favor of the Bank more than seven years before the commencement of IMG's chapter 11 case; DISMISSING Counts 1, 2, and 4 with respect to repayments made to the Bank on loans made to IMG outside the seven-year period. CASE CLOSED. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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In re INTERNATIONAL
MANUFACTURING GROUP, INC.,

----oo0oo---CIV. NO. 2:16-2873 WBS
BANKR. ADV. NO. 16-2090-D

Debtor.

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BANKR. NO. 14-25820-D-11

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ORDER ADOPTING THE BANKRUPTCY
JUDGE’S PROPOSED FINDINGS OF
FACT AND CONCLUSIONS OF LAW

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BEVERLY N. McFARLAND, Chapter
11 Trustee,
Plaintiff,

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v.
CALIFORNIA BANK & TRUST, a
California corporation; BANK
OF AMERICA, N.A., a Delaware
corporation; and JAMESTOWN
S’KLALLAM TRIBE,
Defendants.
----oo0oo----

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Plaintiff Beverly N. McFarland’s adversary proceeding

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against ZB, N.A. (the “Bank”), doing business as California Bank

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& Trust, is currently pending in the bankruptcy court in
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connection with International Manufacturing Group, Inc.’s (“IMG”)

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Chapter 11 case.

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motion to dismiss plaintiff’s first amended complaint.

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16-2090-D, Docket No. 85.)

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re Bellingham Insurance Agency, Inc., 702 F.3d 553, 565 (9th Cir.

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2012), and Executive Benefits Insurance Agency v. Arkison, 134 S.

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Ct. 2165, 2175 (2014), on December 6, 2016, the Bankruptcy Court

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submitted its proposed findings of fact and conclusions of law to

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this Court for review.

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In the bankruptcy court, the Bank filed a
(Adv. No.

Pursuant to 28 U.S.C. § 157(c)(1), In

The district court reviews de novo a bankruptcy judge’s

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proposed findings of fact and conclusions of law as to “those

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matters to which any party has timely and specifically objected.”

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28 U.S.C. § 157(c)(1); see also Fed. R. Bankr. P. 9033(d).

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the parties have filed a stipulation, adopted by the bankruptcy

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court, which states that neither party would file objections to

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the bankruptcy court’s decision and that they would consent to an

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order by the district court approving the findings of fact and

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conclusions of law pursuant to Federal Rule of Bankruptcy

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Procedure 9033(b).

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Here,

Upon de novo review, the court finds the proposed

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findings of fact and conclusions of law to be supported by the

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record and by proper analysis.

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Bankruptcy Judge’s proposed findings of fact and conclusions of

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law (Docket No. 1) and, accordingly HEREBY ORDERS as follows:

Therefore, the court ADOPTS the

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1.

Count 10 of the Amended Complaint is DISMISSED.

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2.

Count 9 is DISMISSED as to the five obligations

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incurred by IMG in favor of the Bank more than seven years before

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the commencement of IMG’s chapter 11 case.
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3.

Counts 1, 2, and 4 are DISMISSED with respect to

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repayments made to the Bank on loans made to IMG outside the

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seven-year period.

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Dated:

December 21, 2016

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