Green Horizon Manufacturing, LLC v. Encina del Monte Plant 48 Reuse, LLC (In re Green Horizon Manufacturing LLC)
- Summarized by Joel Newell , Ballard Spahr, LLP
- 10 years 3 months ago
- Citation:
- Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1510-TaDJu (November 10, 2015)
- Tag(s):
-
- Ruling:
- In the Memorandum decision by the Ninth Circuit Bankruptcy Appellate Pane determined not to be appropriate for publication, the Bankruptcy Appellate Panel appeal of the bankruptcy court order terminating the lease with landlord was dismissed as moot. A case is moot if the issues presented are no longer live and there fails to be a "case or controversy" under Article III of the Constitution.
- Procedural context:
- Green Horizon Manufacturing, LLC ("Green Horizon") appeals from a bankruptcy court order terminating its lease with Encinal Del Monte Plant 48 Reuse, LLC ("Encinal").
- Facts:
- Green Horizon leased commercial real property from Encinal. Encinal alleged that Green Horizon had missed its payments pursuant to the lease, and Green Horizon responded by asserted that Encinal improperly shot off water to the commercial real property. Encinal pursued an unlawful detainer action against Green Horizon who responded by filing a chapter 11 bankruptcy. Disputes related to the lease carried into the bankruptcy, and the bankruptcy court set an evidentiary hearing to determine the amount to cure the asserted delinquencies, timing, and feasibility of curing the alleged defaults. These issues were complicated further based on Green Horizon's later assertion that it did not owe rent for the month in which the evidentiary hearing set alleging that it over paid Encinal. The bankruptcy court held an expedited hearing on this issue, and ordered Green Horizon to pay half of the current month's rent, and Encinal was to hold the same in trust pending further court order. Green Horizon did not pay, and the court entered an order granting Encinal's motion to terminate the lease. Green Horizon did not seek a stay pending appeal, and in the interim, the now Chapter 7 case was dismissed. Green Horizon did not appeal the order dismissing the case; therefore, it became a final order. Therefore, the BAP dismissed the appeal as moot.
- Judge(s):
- TAYLOR, DUNN, and JURY, Bankruptcy Judges.
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