because it no longer BK case. its an real estate asset case.
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEVADA
* * * * * *
In re:
SIERRA RESOURCE GROUP, INC.,
Debtor.
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Case No. 15-11426-abl
Chapter 11
Hearing Date: May 29, 2015
Hearing Time: 10:30 a.m.
ORDER GRANTING MOTION OF SUNBURST MINERALS, LLC
On May 29, 2015, the Court issued its oral ruling regarding the Motion (1) Dismissing
the Bankruptcy Case or Granting Relief from the Automatic Stay; and (2) Determining Debtor
Has Filed a Single Asset Real Estate Case (“Motion”) (ECF No. 18)1
filed by Sunburst
Minerals, LLC (“Sunburst”).
At the May 29, 2015, oral ruling, attorney Lesley Miller appeared and attorney Louis M.
Bubala appeared telephonically on behalf of Sunburst. Attorney John Cory appeared on behalf
of debtor Sierra Resource Group, Inc. (“Debtor”). Attorney Tennille Pereira appeared on behalf
of Medina Property Group, LLC. Attorney Edward M. McDonald appeared on behalf of the
United States Trustee for Region 17 Tracy Hope Davis.
In its oral ruling, the Court specifically held that this bankruptcy case is a “single asset
real estate” case, under 11 U.S.C. § 101(51B); and that cause exists for dismissal or conversion
of this case pursuant to 11 U.S.C. § 1112(b)(1). The Court also concluded that no proof of
1
In this Order, references to “ECF No.” are to the numbers assigned to the documents
filed in the case as they appear on the docket maintained by the Clerk of the Court.
1
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Entered on Docket
June 02, 2015
Case 15-11426-abl Doc 65 Entered 06/02/15 09:34:53 Page 1 of 2
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unusual circumstances exists in the record to establish an exception to mandatory conversion or
dismissal under 11 U.S.C. § 1112(b)(2). The Court also noted that, if the case had not been
dismissed, a finding that cause existed for relief from the automatic stay under 11 U.S.C.
§ 362(d)(1) would have been warranted.
To the extent that the Court made findings of fact and conclusions of law in the course
of its oral ruling on May 29, 2015, those findings of fact and conclusions of law are
incorporated into this Order by this reference pursuant to FED. R. CIV. P. 52(a), made applicable
to this contested matter pursuant to FED. R. BANKR. P. 9014(a) and (c) and 7052.
For the reasons stated on the record:
IT IS ORDERED that the Motion is GRANTED.
IT IS FURTHER ORDERED that Debtor’s case is determined to be a Single Asset
Real Estate case by operation of 11 U.S.C. § 101(51B).
IT IS FURTHER ORDERED that this case is DISMISSED for cause pursuant to 11
U.S.C. § 1112(b).
Notice and copies sent through:
CM/ECF ELECTRONIC NOTICING AND/OR BNC MAILING MATRIX
and sent via FIRST CLASS MAIL BY THE COURT AND/OR BNC t
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