MEMORANDUM ON UNITED STATES TRUSTEE'S MOTION TO CONVERT CASE TO CHAPTER 11 GARY SPRAKER , United States Bankruptcy Judge . The United States Trustee ("UST") moves to convert this chapter 7 bankruptcy proceeding to chapter 11 pursuant to 11 U.S.C. 706(b). 1 The UST argues that debtors David and Marilyn Decker ("Debtors") should be required to use their monthly net income to pay their creditors within a reorganization. Debtors oppose the motion. They contend that the UST impermissibly...
MEMORANDUM EXPLAINING REDUCTION IN FEES ON FOURTH FEE APPLICATION [McGee Law Offices — ECF No. 197] HERB ROSS , Bankruptcy Judge . While reviewing the McGee Law Offices (MLO) fourth fee application (ECF No. 197), the court noticed MLO was charging 10.8 hours for Mr. McGee's time at $330 per hour for the preparation of the fee application, instead of the $180 per hour the court believes was authorized, a $150 per hour overstatement. 1 I reviewed the revised Legal Representation Agreement...
MEMORANDUM DECISION GARY SPRAKER , United States Bankruptcy Judge . In this adversary proceeding, the United States Trustee ("UST") seeks denial of debtor Frederico Z. Anthonys' discharge pursuant to 11 U.S.C. 727(a)(2), (a)(4) and (a)(5). 1 After trial of this matter held on June 29, 2015, the court finds in favor of the UST, and will enter judgment denying the debtor's discharge pursuant to 11 U.S.C. 727(a)(4). CASE BACKGROUND The debtor filed a "bare bones" chapter 13...
MEMORANDUM REGARDING DENIAL OF MOTION FOR RECONSIDERATION HERB ROSS , Bankruptcy Judge . The court will deny the Motion to Reconsider Dismissal of First Amended Complaint (ECF No. 29). The court will treat the motion to reconsider as asking the court to reconsider two orders: (a) the Final Order Dismissing First Amended Complaint with Prejudice (ECF No. 25); and (b) Order Denying Ex Parte Motion to Accept Late Filing and Memorandum in Support (ECF 26). The motion to reconsider...
MEMORANDUM SUPPORTING FINAL ORDER DISMISSING FIRST AMENDED COMPLAINT WITH PREJUDICE HERB ROSS , Bankruptcy Judge . This memorandum is to explain why the court has dismissed Causes I and II and Counts IV and V of the first amended complaint (ECF No. 12) against the Montana defendants (and, possibly, in part against Larry Compton, too). Plaintiff has failed to state a plausible claim with these four counts. To state a plausible claim, a complaint must sufficiently set out the factual basis...
