HERBERT A. ROSS
U.S. Bankruptcy Judge
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In re | |
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GOLD KING MINES, INC., | |
| Case No. 3-84-00175-HAR |
| Chapter 11 |
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Debtor(s). |
ORDER DECLINING TO HOLD STATUS CONFERENCE |
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Debtor requested a status conference regarding this case. The major asset in the estate is mining claims in the Denali National Park. The case had been blocked for a long time because of environmental lawsuits, but has recently taken a turn for the better because the federal government will probably purchase these claims. Chapter 11 trustee, Bennie Leonard, and his counsel, Cabot Christianson, are aggressively pursuing liquidation of the claims by an eventual sale to the United States Park Service. The principals of the debtor feel that there can be an enhancement in recovery (benefitting creditors and the shareholders) if the trustee would adopt some of the principals' suggestions regarding patenting the claims, etc. On April 3, 1991 the debtor filed "Debtor's Request for Status Conference Re: Court Settlement of 1 ABR 520 Trustee-Debtor Differences or Scheduling Litigation in Alternative".
I am not aware of any pending litigation or contested proceedings calling for rulings. Any decision at such a status conference would be akin to an advisory ruling without an actual case or controversy before the court. Cf. In re S & D Foods, Inc., 100 B.R. 34, 37 (Bankr.D.Colo. 1990) and In re Turnbow, 121 B.R. 11, 13 (Bankr.S.D.Tex. 1990). I do not think a status conference would advance this case at this time. If the debtor files a contested proceeding (such as reinserting the debtor as a debtor-in-possession or removal of the trustee), the court will have something to schedule and rule upon. Therefore,
IT IS ORDERED that the debtor's request for a status conference or scheduling of litigation in the alternative is DENIED.
DATED: May 20, 1991
HERBERT A. ROSS
Bankruptcy JudgeServe:
Charles D. Kasmar, Esq. for Debtor
Cabot Christianson, Esq. for Trustee
U.S. Trustee