MEMORANDUM DECISION RE: OBJECTION TO PROOF OF CLAIM 5 GARY SPRAKER , Bankruptcy Judge . The debtor, Jessica Giroux, objects to proof of claim 5 (Claim) under 11 U.S.C. 502(d), alleging that certain pre-petition payments made to the claimants, Philip and Rebekah Johnston, constitute fraudulent and preferential transfers that have not been repaid. For the reasons set forth below, the court will sustain Jessica's objection in part and deny it in part. A. BACKGROUND Brad Giroux (Jessica's...
AMENDED MEMORANDUM DECISION RE: OBJECTION TO PROOF OF CLAIM 4-1 GARY SPRAKER , Bankruptcy Judge . The debtor, Jessica Giroux, objected to proof of claim 4-1 (Claim), alleging that the person who filed the Claim, Philip Johnston, does not own the Claim and thus has no standing to assert it. For the reasons set forth below, the court will sustain Jessica's objection in part. A. BACKGROUND Brad Giroux (Jessica's husband) and Philip Johnston were partners in Alaska Fishing Adventures, LLC (...
MEMORANDUM DECISION RE: MOTION TO SELL REMAINING ESTATE ASSETS GARY SPRAKER , United States Bankruptcy Judge . The chapter 7 trustee has filed a motion to sell the remaining assets in the debtor's chapter 7 estate, chief among them litigation claims against part owner Brad Giroux and his wife, Jessica. Competing purchase offers have been submitted by Brad Giroux's father, Robert Giroux, and Brad's former business partner in the debtor, Philip Johnston and his wife, Rebekah. The trustee has...
MEMORANDUM DECISION ON TRUSTEE'S APPLICATION TO DISBURSE PROCEEDS FROM SALE OF LIQUOR LICENSE GARY SPRAKER , United States Bankruptcy Judge . The court previously approved the chapter 7 trustee's (Trustee) sale of a beverage dispensary license (License) for $175,000. 1 The Trustee is holding the proceeds from the sale, and filed his Application to Disburse Proceeds from Sale of Liquor License (Application) seeking authorization to distribute the sale proceeds pro-rata to various...
