IN RE RIVIERA DRILLING & EXPLORATION CO.

BAP No. CO-12-112. Bankruptcy No. 10-11902.

502 B.R. 863 (2013)

In re RIVIERA DRILLING & EXPLORATION COMPANY, Debtor. Thurner Industries, Inc., Thurner Explorations, Inc., T Investment Group, Vicon, Inc., Timothy Thurner, individually and as successor in interest to an undivided 50% of the interest held in the name of the Thurner Heat Treating Corporation Employees' Profit Sharing Plan, an Erisa Trust, Scott Thurner, individually, and as trustee for The Doris Thurner Family Trust, and as successor in interest to an undivided 50% of the interest held in the name of the Thurner Heat Treating Corporation Employees' Profit Sharing Plan, an Erisa Trust, Samuel Thurner, individually and as successor in interest to one fourth of the Robert E. Thurner Family Trust, Sally Thurner, individually and as successor in interest to one fourth of the Robert E. Thurner Family Trust, Holly Thurner, individually and as successor in interest to one fourth of the Robert E. Thurner Family Trust, The Doris Thurner Family Trust, by and through Scott Thurner, Trustee, and 350 Saint Paul, LLC, Appellants, v. Gunnison Energy Corporation, Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

December 17, 2013.


Attorney(s) appearing for the Case

T. Edward Williams of Benjamin, Bain, Howard and Cohen, LLC, Greenwood Village, CO, for Appellants.

Michael J. Pankow ( Joshua M. Hantman with him on the brief) of Brownstein Hyatt Farber Schreck, LLP, Denver, CO, for Appellee.

Before MICHAEL, NUGENT, and SOMERS, Bankruptcy Judges.


OPINION

NUGENT, Bankruptcy Judge.

Section 1121(e) of the Bankruptcy Code1 provides that in small business Chapter 11 cases, only the debtor may file a plan of reorganization in the first 180 days after the case's filing.2 The court may extend the debtor's exclusivity period for a longer time, but § 1121(e)(2) says that "the plan and disclosure...

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