MEMORANDUM ON DEBTORS' MOTION TO ENFORCE JOINT PLAN OF REORGANIZATION AND TO PROHIBIT THE SETOFF OF NON-MUTUAL OBLIGATIONS GARY SPRAKER , United States Bankruptcy Judge. Debtor Miller Energy Resources, Inc. (MER) seeks to recover millions of dollars from the State of Alaska (State) for statutory tax credits resulting from its natural gas operations. The State has commenced an audit of 2010 and 2011 tax credit certificates issued to Cook Inlet Energy, LLC (CIE) that the State redeemed...
MEMORANDUM ON APPLICATION OF SCOTT M. BORUFF FOR ADMINISTRATIVE EXPENSE CLAIM (ECF No. 591) GARY SPRAKER , United States Bankruptcy Judge . Scott M. Boruff has filed an Application for Administrative Expense Claim ("Application")(ECF No. 591), in which he seeks to recover the sum of $252,657.53, representing the prorated portion of his contractual salary as executive chairman for Miller Energy Resources, Inc. ("MER") for the four month period between the filing of MER's chapter 11 petition...
MEMORANDUM DECISION RE SANCTIONS PURSUANT TO ORDER TO SHOW CAUSE, AND ON DISMISSAL OF CASE GARY SPRAKER , Bankruptcy Judge . On March 9, 2017, the court conducted a hearing on its Order to Show Cause and Setting Hearing ("Order") (ECF No. 20). Pursuant to the Order, the court required Eric Auten, counsel for the debtor, to personally appear, and show cause why sanctions should not be entered for the filing of the instant bankruptcy. Mr. Auten appeared and provided testimony at the hearing....
MEMORANDUM DECISION GARY SPRAKER , United States Bankruptcy Judge . In this adversary proceeding, plaintiff Neil Atkinson seeks denial of debtor Jack Jason Page's discharge under 11 U.S.C. 727(a)(4)(A), on the grounds that the debtor has knowingly and fraudulently made a false oath in connection with his bankruptcy case. Atkinson's complaint alleges the debtor should be denied a discharge because he intentionally omitted "numerous creditors" from his schedules and statements. At trial,...
MEMORANDUM DECISION RE: 1) TRUSTEE'S MOTION TO DECLARE DONALD A. TANGWELL A VEXATIOUS LITIGANT; AND 2) TANGWALLS' MOTION TO FIND ALL JUDGMENTS, ORDERS, AND MEMORANDUM VOID AB INITIO FREDERICK P. CORBIT , Bankruptcy Judge . THIS MATTER came before the court 1 on April 5, 2017 for a hearing on (1) the Chapter 7 Trustee's Motion to Declare Donald A. Tangwall, a Vexatious Litigant and Require Pre-Filing Order for Him or His Entities to File any Pleadings; and to Vacate Lis Pendens ("Trustee's...
MEMORANDUM DECISION GARY SPRAKER , Bankruptcy Judge . In this adversary proceeding, plaintiff Deloycheet, Inc. ("Deloycheet") seeks to establish and except from discharge a $400,000 debt that arose as a consequence of the actions taken by the defendant, and debtor, Corbett James Beach, III ("Beach"), on the grounds of fraud, under 11 U.S.C. 523(a)(2)(A), and willful and malicious injury under 523(a)(6). 1 Deloycheet also seeks an award of treble damages under the Alaska Unfair Trade...
MEMORANDUM ON CROSS MOTIONS FOR SUMMARY JUDGMENT GARY SPRAKER , Bankruptcy Judge . Plaintiff All American Oilfield, LLC ("All American") filed this action to establish the priority of liens it asserts against defendant Cook Inlet Energy, LLC's ("Cook Inlet") natural gas wells located on North Fork Unit 24-26, North Fork Unit 42-35, and North Fork Unit 34-26 (collectively, the "North Fork wells"), and the natural gas remaining in those wells. The liens arise under Alaska statutes for unpaid...
