JUDICIAL:

Hartford Fire Ins. Co. v. Dominique’s Livestock Mkt. Inc., No. 6:18-CV-00496, 2019 WL 512106 (W.D. La. Feb. 7, 2019)
Before the Court is the unopposed Motion for Summary Judgment,1 Rec. Doc. [25], filed by Interpleader-Defendant, Dominique’s Livestock Market, Inc. (Dominique’s). Plaintiff, Hartford Fire Insurance. Co., deposited $85,000.00 into the registry of the Court representing the penal value of bond number 87 BSB FF6739 naming R&W Farms, LLC as principal, under the Packers and Stockyard Act, 7 U.S.C. § 181, et seq. This Court previously ordered disbursement of $3,968.40 to attorneys for Plaintiff for fees and costs. Dominique’s seeks summary judgment awarding it the balance of the bond proceeds in the registry of the Court.
The Motion for Summary Judgment, was granted and Interpleader-Defendant, Dominique’s Livestock Market, Inc. was awarded the balance of the bond proceeds deposited with the Court.
In re Simpson, No. 17-10442, 2019 WL 516449 (Bankr. D. Vt. Feb. 8, 2019)
On January 14, 2019, the Court issued an order dismissing this chapter 12 case, based on the Notice of Substantial Default filed by Wells Fargo, pursuant to the conditional dismissal order the Court entered on July 13, 2018.  On January 18, 2019, the chapter 12 trustee filed a Motion to Reconsider the Dismissal Order (doc. # 199, the “Motion to Reconsider”). Vermont Agricultural Credit Corporation (“VACC”) filed a memorandum in support of that Motion (doc. # 200). The Debtors also joined the Trustee’s Motion. Wells Fargo opposed it (doc. # 203). On January 25, 2019, the Court entered an order setting a February 5, 2019 hearing on the Motion to Reconsider and setting deadlines for the parties to file supplemental papers. For the reasons set forth below, the Court grants the Trustee’s Motion to Reconsider, and in reconsidering the legal and factual record in this case and, in particular, the parties’ representations in the supplemental filings and at the hearing on the Motion to Reconsider, the Court finds reconsideration is warranted, the Debtors are not in substantial default, and there was cause to vacate the Dismissal Order.
In re S. Produce Distributors, Inc., No. 18-02010-5-SWH, 2019 WL 516460 (Bankr. E.D.N.C. Feb. 8, 2019)

The matter before the court is the Objection to PACA Claim of Kornegay Family Produce, LLC filed by the debtor on October 16, 2018, Dkt. 279 (the “Objection”). A response to the Objection was filed by Kornegay Family Produce, LLC (“Kornegay”) on November 15, 2018, Dkt. 320 (the “Response”). A hearing was held in Raleigh, North Carolina on December 6, 2018, at which the court took the matter under advisement. After a review of the case record and consideration of the parties’ arguments, the Objection will be allowed.

In re: SUNNYLAND FARMS, INC., Debtor., No. 14-10231-T11, 2019 WL 507536 (Bankr. D.N.M. Feb. 8, 2019)
The debtor confirmed a plan of reorganization in this case several years ago. After confirmation, the Court resolved a dispute between the reorganized debtor and one of its creditors about whether the creditor was entitled to receive stock in the reorganized debtor. The Court ruled that he was. The debtor and creditor now disagree about the debtor’s proposed merger with another corporation. The debtor asks the Court to enforce a provision of its bylaws allegedly requiring the creditor to arbitrate the dispute. Having reviewed the briefing and the law on the issue, the Court concludes that it lacks jurisdiction to compel arbitration. The Court also concludes that there are other problems with the motion, which therefore will be denied.
In re: Kevin L. Wulff, Debtor., No. 17-31982-BHL, 2019 WL 548530 (Bankr. E.D. Wis. Feb. 11, 2019)
This case involves a secured creditor that failed to file timely proofs of claim. No one noticed, and, with the chapter 12 trustee’s blessing, the court confirmed a plan that provided for payments to the secured creditor. Four weeks later, the trustee realized the proofs of claim were untimely and filed claim objections, seeking disallowance of the secured creditor’s claims. The secured creditor and debtor responded by filing their own motions to extend the proof of claim filing deadlines.
The court will not enlarge the proof of claim filing deadlines; the legal and factual bases for doing so are questionable. But the court will nevertheless overrule the trustee’s claim objections and allow the secured creditor’s claims. No one, including the trustee, appealed the court’s confirmation order, which therefore binds all parties to the plan’s terms, including those providing for payment of the secured creditor’s claims, timely filed or not. This decision memorializes and supplements the court’s December 18, 2018 oral decision and December 20, 2018 minute order.

REGULATORY:

Extension of Public Comment Period for Draft Environmental Impact Statement for Cardinal-Hickory Creek 345-kv Transmission Line Project: Rural Utilities Service, USDA; A notice of availability, public meetings, and Section 106 notification was published in the Federal Register by the Rural Utilities Service (RUS) on December 7, 2018 (83 FR 63149) for the Cardinal-Hickory Creek 345-kV Transmission Line Project Draft Environmental Impact Statement (EIS). Meetings were scheduled for January 2019 and the public review period was to conclude on February 5, 2019. Due to the lapse in federal funding, this notice announces an extension of the public comment period to April 1, 2019. Additionally, previously scheduled Draft EIS public comment meetings in January 2019 were also cancelled and will be rescheduled, once RUS receives full funding for FY 2019. Info HERE

Notice and request for comments: Rural Housing Service, USDA; In accordance with the Paperwork Reduction Act of 1995, the Rural Housing Service (RHS) invites comments on this information collection for the Housing Preservation Grant (HPG) Program, which approval from the Office of Management and Budget (OMB) will be requested. Info HERE

Correcting amendment: Rural Utilities Service, USDA; On June 24, 2010, the Rural Utilities Service (RUS) issued a final rule to establish the regulation for the Special Evaluation Assistance for Rural Communities and Households Program (SEARCH) as authorized by Section 306(a) of the Consolidated Farm and Rural Development Act (CONACT). Following final implementation of this final rule, RUS found that the wording for the definition of a rural area is inconsistent with the statute. This document corrects the final regulation. Info HERE

Proposed rule: Department of the Army, Corps of Engineers, Department of Defense; and Environmental Protection Agency (EPA). The Environmental Protection Agency and the Department of the Army (“the agencies”) are publishing for public comment a proposed rule defining the scope of waters federally regulated under the Clean Water Act (CWA). This proposal is the second step in a comprehensive, two-step process intended to review and revise the definition of “waters of the United States” consistent with the Executive Order signed on February 28, 2017, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States’ Rule.” This proposed rule is intended to increase CWA program predictability and consistency by increasing clarity as to the scope of “waters of the United States” federally regulated under the Act. This proposed definition revision is also intended to clearly implement the overall objective of the CWA to restore and maintain the quality of the nation’s waters while respecting State and tribal authority over their own land and water resources. Info HERE

Notice: Environmental Protection Agency (EPA); EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period of April 1, 2018 to September 30, 2018 to control unforeseen pest outbreaks. Info HERE

Notice: Environmental Protection Agency (EPA); This notice announces EPA’s order for the cancellations and amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 and Table 2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an October 17, 2018 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II to voluntarily cancel and amend to terminate uses of these product registrations. In the October 17, 2018 notice, EPA indicated that it would issue an order implementing the cancellations and amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and amendments to terminate uses. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions. Info HERE

Notice: Farm Service Agency, Natural Resources Conservation Service, and Risk Management Agency, USDA; In preparing to implement the Agriculture Improvement Act of 2018 (commonly referred to as the 2018 Farm Bill), we are hosting a listening session for initial public input about new programs and changes to existing programs implemented by the Farm Service Agency (FSA), the Natural Resources Conservation Service (NRCS), and the Risk Management Agency (RMA). The 2018 Farm Bill is intended to provide support, certainty, and stability to our Nation’s farmers, ranchers, and land stewards by enhancing farm support programs, improving crop insurance, maintaining disaster programs, and promoting and supporting voluntary conservation. We invite you to participate in the listening session. The listening session is open to the public. Info HERE

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